HomeMy WebLinkAbout2020-02-04 CorrespondenceItem Number: 9.a.
INCITY OE IOWA CITY
www.icgov.org
February 4, 2020
ATTACHMENTS:
Description
John McKinstry: Last Night's joint meeting with HCDC
Kellie Fruehling
From:
Sent:
To:
Subject:
Dear Council Members,
JOHN MCKINSTRY <Adisciple0040@msn.com>
Wednesday, January 22, 2020 5:44 PM
Council
Last Night's joint meeting with HCDC
As a Commissioner, I thank you for your invitation to the Housing and Community Development Commission
to join you in a joint session. I was pleased that you all recognized how extraordinary it is that our legacy
agencies not only work together daily in a comprehensive matrix of services but were also able to make a joint
metric -based statement to the City of their financial needs from the City. Council Member Salih voiced the
wise philosophy that these non-profit service providers are not best understood as charities which sap
resources from the City budget so much as vendors who efficiently keep people employed, off the streets, out
of jail and emergency rooms and generally contribute to the quality of life for the entire population. Perhaps
the most productive way to persuade other municipalities to fairly support our legacy agencies is to put our
city's support of them on a solid and predictable basis which recognizes that they have grown in quantity,
sophistication, and effectiveness over the past ten years.
Peace
John McKinstry
INCITY OE IOWA CITY
www.icgov.org
February 4, 2020
ATTACHMENTS:
Description
Peter Rolnick: Rochester Ave Project
Item Number: 9.b.
Kellie Fruehling
From: Peter Rolnick <prolnick@truman.edu>
Sent: Thursday, January 23, 2020 4:07 PM
To: Council
Subject: Rochester Ave Project
Hello members of City Council. I want to thank you for your thoughtful consideration of the concerns of
residents about the upcoming work on Rochester Ave that were expressed at the Council Meeting on 1/21/20.
I appreciate that you were able to look beyond the letter of the Complete Streets policy (which I support) and
see that this situation requires some exceptions, while still keeping with the spirit of the policy. I'm glad you all
voted not to put a sidewalk on the south side of Rochester between 7th and Ashwood.
I am especially grateful that we will have a sidewalk on the south side of Rochester between Ashwood and Rita
Lynn, that the road surface will be fixed up, that we will have good bike lanes on both sides, and that the
utilities will be at least partly buried—all big improvements!
I hope you will also encourage Snyder and the city engineer to look into (in order of importance to me):
1) Putting a pedestrian controlled crossing light at Ashwood and Rochester and at 7th and Rochester,
2) Keeping the center lane between Ashwood and Rita Lynn for those of us who have to back in to and out of
our driveways,
3) Putting a full traffic signal at 7th and Rochester as a way to control and slow the traffic flow.
Thanks so much for your work.
Peter Rolnick 2011 Rochester Ave
660-342-2671
This email is from an external source.
INCITY OE IOWA CITY
www.icgov.org
February 4, 2020
ATTACHMENTS:
Item Number: 9.c.
Description
Feather Lacy: Two Bicycle Racks Removed from Clinton Street [Staff response included]
Kellie Fruehling
From: Geoff Fruin
Sent: Tuesday, January 28, 2020 9:11 AM
To: Kellie Fruehling
Subject: FW: Two Bicycle Racks Removed from Clinton Street
Can you include this in the Council correspondence? I used the wrong Council address. Thanks -
From: Feather Lacy (Personal) [mailto:flacy@pobox.com]
Sent: Tuesday, January 28, 2020 8:29 AM
To: Geoff Fruin <Geoff-Fruin @iowa-city.org>; flacy@pobox.com
Cc: *Council Members <CouncilMembers@iowa-city.org>
Subject: RE: Two Bicycle Racks Removed from Clinton Street
Geoff,
Thank you very much for the fast reply, but the Ped Mall racks are too far to even be seen from Clinton Street and once I
looked for them I found that the snow had not been removed. If one is pedaling to the Old Capital Center, the mall
location forces one to cross Clinton St twice to get to the Mall. I look forward to those racks being replaced.
Feather
From: Geoff Fruin [mailto:Geoff-Fruin@iowa-city.org]
Sent: Tuesday, January 28, 2020 8:20 AM
To: 'flacy@pobox.com'
Cc: *Council Members
Subject: RE: Two Bicycle Racks Removed from Clinton Street
Ms. Lacy,
Thank you for your email. You are correct those specific bike racks were removed as we reshuffled locations for
bike parking in that area with the pedestrian mall improvements that stretched across Clinton Street. Bike
racks were added in other nearby locations, including over 20 racks that were placed in the Ped Mall entrance
around the planter that is adjacent to the Wells Fargo Building.
We will review how the changes play out next year and make any needed changes based on feedback from the
public, businesses and our own usage observations.
Best,
Geoff
From: Feather Lacy (Personal) <flacv@pobox.com>
Sent: Monday, January 27, 2020 4:37 PM
To: Feather Lacy (Personal) <flacy@pobox.com>
Subject: Two Bicycle Racks Removed from Clinton Street
AMIS
Re: Two Bicycle Racks Removed from Clinton Street
To: Iowa City Councilors and the Packet, Kent Ralston, Iowa City Downtown Association, Iowa City Manager, Think
Bicycles
Today my husband and I were excited to have a day where we could ride our bicycles downtown. Before leaving home
we discussed whether to park our bicycles in the rack in front of Active Endeavors or across Clinton St in the Old Capital
Center Mall rack. We planned to shop at both locations. Imagine our surprise when we realized that BOTH racks had been
removed! (Photos 1 and 2) Apparently they were replaced by a nearby rack, also on Clinton St, which only holds 4
bicycles (Photo 3). Please replace both of these bicycle racks.
Photo 2: Clinton Street
in Front of Active Endeavors
Bike Rack in Entrance to Old Capital Mall
Photo 3: Clinton Street New Bike Rack That Holds 4 Bicycles. 4th bike already falling down because it did not fit.
0
Feather Lacy
Iowa City
2
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t
CITY OE IOWA CITY
www.icgov.org
February 4, 2020
ATTACHMENTS:
Item Number: 9.d.
Description
Big Ten Property Management: Rental Permit New Requirements Application Process [Staff
response included]
Kellie Fruehling
Gd
From:
Big Ten Property Management LLC <rentals@bigteniowacity.com>
Sent:
Friday, January 31, 2020 9:04 AM
To:
Eleanor M. Dilkes
Cc:
Stan Laverman; Geoff Fruin; Sue Dunlap; Susan Mims; Mazahir Salih; Pauline Taylor;
Bruce Teague; John Thomas; Janice Weiner; 'Josh Scheinblum';
aaron.scheinblum@kcrg.com; Council
Subject:
RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned
image from Neighborhood Planning
Late Handouts Distributed
AFROIK
Eleanor- (Date)
So are you requiring the additional information before you will schedule the City
Inspection or not? If you are we need to know where that is required in City Code
per our previous emails. We see the Application Form changed and added your new
requirements on a new First Page and text at the bottom stating:
https://www8.iowa-
city.org/WebLink/O/edoc/1933742/Rental%2OPermit%2OInformation.pdf
*INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED
To be completed by N.D.S.
Floor Plan provided
Site Plan Provided
Designated Agent Form Provided if applicable
Date Received by N.D.S.
Do we have to do the Floor Plan and Site Plan?
The City of Iowa City already has the Site Plan Information you are requesting on
the City of Iowa City Assessor website? Public record right?
Sorry to waste your time on this but it's a big waste of the Landlords time too
and all the Landlords are feeling a bit like this is a grey area and I think you
will be hearing from a lot more of them then just us.
Why does everything the City of Iowa City does have to be such a conflict or
battle with Landlords why do you not just work with us and try to figure things
out instead of just adding new rules and tossing it in our faces and say do what
we want and there is nothing you can do about it? You have successfully created
a divide in the community us vs them or City vs Landlord environment and it's not
good for anyone involved.
We really think you need to remember you are working for the Citizens and you
really should have our best interest in mind when doing so not but clearly you
cannot even answer the questions we are asking here without run around. That is
problematic but that is the way you govern clearly we see it on a daily basis
when dealing with City Staff and its wrong.
1
If you can do one thing that would be great just one answer my question that is
all we are asking
were in City Code is this new process required?
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 12th Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Fax: (319) 354-0921
Email: rentalsPBigTenlowaCity.com
Website: www.BigTenIowaCitv.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Eleanor M. Dilkes [mailto:Eleanor-Dilkes@iowa-city.org]
Sent: Friday, January 31, 2020 8:03 AM
To: 'Big Ten Property Management LLC'
Cc: Stan Laverman; Geoff Fruin; Sue Dunlap; Susan Mims; Mazahir Salih; Pauline Taylor; Bruce Teague; John Thomas;
Janice Weiner; 'Josh Scheinblum'; aaron.scheinblum@kcrg.com; Council
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
The application is on the website. Here is the link - https://www8.iowa-
city.org/WebLink/0/edoc/1933742/Rental%2OPermit%201nformation.pdf. Housing Inspection will schedule an
inspection upon receipt of a complete application.
Eleanor M. Dilkes
City Attorney
City Hall
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
eleanor-dilkes@iowa-city.org
Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet,
the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City
Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to
communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City
Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message
is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to
whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be
forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee,
you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com]
Sent: Thursday, January 30, 20201:28 PM
To: Eleanor M. Dilkes <Eleanor-Dilkes@iowa-city.org>
Cc: Stan Laverman <Stan-Laverman@iowa-city.org>; Geoff Fruin <Geoff-Fruin@iowa-city.org>; Sue Dunlap <Sue-
Dunlap@iowa-city.org>; Susan Mims <Susan-Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-city.org>;
Pauline Taylor <Pauline-Taylor@iowa-city.org>; Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John -
Thomas@ iowa-city.org>; Janice Weiner <Janice-Weiner@iowa-city.org>; 'Josh Scheinblum'
<Josh.Scheinblum@kcrg.com>; aaron.scheinblum@kcrg.com; Council <Council@iowa-city.org>
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Importance: High
AI
DISK
Eleanor -
Your dodging the point and hitting on it at the same time I call that the Lawyer move you are right
showing my point that these are two separate issues and one cannot dictate or change the City
Code.
The City cannot require this information before application or scheduling a rental inspection from the
Landlord as its not permitted per City Code and it holds up the inspection process in direct conflict
with City Code.
We understand the City wants to gather this information to determine if the property meets all City
Code requirements but that is the reason for the inspection the City cannot hold the process up and
require the Landlord to do the Inspectors job.
There is no City Code section that requires the Landlord to provide this information before scheduling
and inspection and absent that requirement in the City Code Landlord should not be forced to do that
is our understanding?
If the City Council wants to modify the City Code they would have to amend it with a new resolution to
change the process and requirements is that correct not just make a list up and send it out to us?
During that inspection if anything is found that needs to be corrected or modified to meet City Code to
obtain the certificate or rental permit the inspectors provide that in writing to the Landlord and then its
corrected from there an additional step is not required per City Code.
Just so you know I do have one property I want a new rental permit for and do not want to be delayed
by this new change to the City Code without a resolution from the City Council requiring it.
If there are issues at the time of the rental inspection with the house not meeting City Code
requirements we will address them and correct them as has been done in the past with the inspector
that is the process in place to at this time and its fair.
I would like to schedule the inspection right away on the house we are planning to rent without the
new steps in this list from Stan and Sue please let us know today if Sue Dunlap can schedule that
inspection right away with our office without the new list of items. And if not we need to know why
and what supports the decision within the City Code so we can address this properly.
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 12' Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentals(cb-BigTenlowaCitv.com
Website: www.BigTenlowaCity.com
Owner is an Iowa Real Estate Broker
*All lease pricina, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Eleanor M. Dilkes [mailto:Eleanor-Dilkes@iowa-city.orgl
Sent: Thursday, January 30, 2020 11:08 AM
To:'rentals@bigteniowacity.com' <rentals@bigteniowacity.com>
Cc: Stan Laverman <Stan-Laverman@iowa-city.org>; Geoff Fruin <Geoff-Fruin@iowa-city.org>; Sue Dunlap <Sue-
DunlaP@iowa-city.org>; Susan Mims <Susan-Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-city.org>;
Pauline Taylor <Pauline-Taylor@iowa-citv.org>; Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John-
Thomas@iowa-city.org>; Janice Weiner <Janice-Weiner@iowa-city.org>; 'Josh Scheinblum'
<Josh.Scheinblum@kcrg.com>; 'aaron.scheinblum@kcrg.com' <aaron.scheinblum@kcrg.com>; Council <Council@iowa-
city.org>
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Mr. Barkalow,
Your emails on the above topic have been forwarded to me for response
The information being requested on the application is necessary to determine whether the requirements of the City Code
are met (e.g. parking, open space, bedroom square footage). The application itself is an administrative task and simply
one way of obtaining the information needed to assess whether a rental permit may be issued.
Eleanor M. Dilkes
City Attorney
City Hall
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
eleanor-dilkesAiowa-city.org
Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the intemet,
the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City
Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to
communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City
Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message
is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to
whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be
forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee,
you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com]
Sent: Thursday, January 30, 2020 8:46 AM
To: Stan Laverman <Stan-Laverman(a@iowa-city.ore>
Cc: Geoff Fruin <Geoff-Fruin@iowa-citv.ore>; Sue Dunlap <Sue-Dunlap@iowa-city.orR>; Laura Bergus <Laura-
Bergus@iowa-citv.ore>; Susan Mims <Susan-Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-citv.orR>;
Pauline Taylor <Pauline-Taylor@iowa-city.org>; Bruce Teague <Bruce-Teague@iowa-city.ore>; John Thomas <John-
Thomas@iowa-city.ore>; Janice Weiner <Janice-Weiner@iowa-city.ore>; 'Josh Scheinblum'
<Josh.Scheinblum@kcrg.com>; aaron.scheinblum@kcre.com
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Importance: High
t
•
RISK
Stan -
The City Code Section you provided us does not state or require Landlords to provide lot layout (which you
have on the Iowa City Assessor Site), Detailed Floor Plans with dimensions and pay fees prior to scheduling a
rental inspection as you are requesting.
It says the following:
17-5-16-C-2:
2. Application For Permit: The owner or operator shall file, in duplicate, an application for rental permit with
the Department of Housing and Inspection Services on application forms provided by the inspector. (1978
Code §17-4; amd. 1994 Code)
At this time is there an actual City of Iowa City Application Form(s) to complete that the City Code section calls
for? We do recall filling out a simple form in the past is that not happening anymore or are you saying you are
requiring us to do an additional step before that?
The attached document you sent us states "We ask that you provide the following information to obtain an
application." That's not required per City Code Section you provided us so that is our concern we which means
the City and the Landlords both need to follow the City Code.
And for the record we will follow City Code on this however what you have provided is a change and not
consistent with current City Code, the past rental process if you review the Code Section you provided us.
When you addressed us at the Apartment Association meeting early in the week you stated the only change
approved by City Council to the rental application process was the addition to Radon testing and spoke about
that process.
Would a change in this process requesting the information you are requesting to prior to obtaining a rental
permit application not require City Council review and approval too as it's a change in City Code and would
need resolution correct? It should if its in direct conflict of City Code.
Again we don't mind doing what the City Code requires but not real interested in doing something not in the
City Code or additional steps in processes in place now.
Also one last thing did City Council make these changes or require staff to ask Landlords to provide this
information before applications are issued or is this something staff came up with? Asking for a friend?
Sorry we have to send this to everyone just want to be transparent and have clear open communication with
all people involved.
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 12th Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentalsa.BigTenlowaCity.com
Website: www.BigTenlowaCitV.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Stan Laverman [mailto:Stan-Laverman@iowa-city.ore]
Sent: Wednesday, January 29, 2020 4:26 PM
To: 'Big Ten Property Management LLC' <rentals@bieteniowacity.com>
Cc: Geoff Fruin <Geoff- F ruin@ iowa-city.o rg>; Sue Dunlap <Sue-Dunlap@iowa-city.orR>
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Good afternoon Tracy -
The attached list is part of the application process referenced in 17-5-16-C-2: Application For Permit. With the recent
changes to the Iowa City Housing Code we have updated the application to reflect the information required by the City
to start the process.
Let me know if you have any more questions- Stan
Stan Laverman
Senior Housing Inspector
City of Iowa City
(319) 356-5135 — (319) 530-4076
From: Big Ten Property Management LLC <rentals@bigteniowacity.com>
Sent: Wednesday, January 29, 2020 10:50 AM
To: Sue Dunlap <Sue-Dunlap @iowa-city.org>
Cc: Stan Laverman <Stan-Laverman@iowa-city.org>; Laura Bergus <Laura-Bergus@iowa-city.org>; Susan Mims <Susan-
Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-city.org>; Pauline Taylor <Pauline-Taylor@iowa-citv.org>;
Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John-Thomas@iowa-city.org>; Janice Weiner <Janice-
Weiner@iowa-citv.org>; aaron.scheinblum@kcrg.com;'Josh Scheinblum'<Josh.Scheinblum@kcrg.com
Subject: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from Neighborhood
Planning
Importance: High
r
Sue -
Quick question is this attached list from you and Stan City Council Approved or stated somewhere in
the City of Iowa City Code as a required process and required information needed from Landlord to
the City of Iowa City before City Inspection Occurs or the process starts?
This seems a bit excessive and a big change we just want to confirm first that the information you are
request and that your new application process is actually in the City Code somewhere? Please show
us the change in City of Iowa City Code that require this process.
Second if it is in the City of Iowa City Code can you please provide a complete copy of the exact
language and City of Iowa City Code Section that states Landlords are required to follow this new
application process. We did not see these changes discussed as part of the Council Meetings or
Work Sessions or approved did we miss something somewhere?
We are asking because this has never been the City of Iowa City's process before and never required
before in any rental permit application process we have applied for in the past so we would like
clarity.
We want to follow City Code that is our intention and we look forward to your assistance in clarifying
this.
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 12th Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentals(a)Bi-qTenlowaCity.com
Website: www.BigTenlowaCity.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Sue Dunlap [mailto:Sue-Dunlap@iowa-city.org]
Sent: Tuesday, January 28, 2020 4:24 PM
To: 'Big Ten Property Management LLC' <rentals@bigteniowacity.com>
Subject: FW: Scanned image from Neighborhood Planning
This message is for Tracy per our phone conversation about applying for new rental permits on or after Jan
30th. There are a couple new requirements that need to be met before applications will be created. Please see
the attached document for the current information. It is also available on our website.
Thank you
Sue Dunlap
-----Original Message -----
From: NDS-COPIER(d),iowa-city.org <NDS-COPIER(&iowa-city.org>
Sent: Tuesday, January 28, 2020 4:07 PM
To: Sue Dunlap <Sue-Dunlap(a)iowa-city.org>
Subject: Scanned image from Neighborhood Planning
Reply to: NDS -COPIER <NDS-COPIERaa,iowa-city.org> Device Name: Neighborhood Planning Device
Model: MX -6071
Location: Iowa City
File Format: PDF MMR(G4)
Resolution: 200dpi x 200dpi
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Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document.
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Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
Kellie Fruehlin
From: Big Ten Property Management LLC <rentals@bigteniowacity.com>
Sent: Thursday, January 30, 2020 1:28 PM
To: Eleanor M. Dilkes
Cc: Stan Laverman; Geoff Fruin; Sue Dunlap; Susan Mims; Mazahir Salih; Pauline Taylor;
Bruce Teague; John Thomas; Janice Weiner; 'Josh Scheinblum';
aaron.scheinblum@kcrg.com; Council
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned
image from Neighborhood Planning
Attachments: NDS -CO PI ER_20200128_170727.pdf
Importance: High
A
r
RISK
Eleanor -
Your dodging the point and hitting on it at the same time I call that the Lawyer move you are right
showing my point that these are two separate issues and one cannot dictate or change the City
Code.
The City cannot require this information before application or scheduling a rental inspection from the
Landlord as its not permitted per City Code and it holds up the inspection process in direct conflict
with City Code.
We understand the City wants to gather this information to determine if the property meets all City
Code requirements but that is the reason for the inspection the City cannot hold the process up and
require the Landlord to do the Inspectors job.
There is no City Code section that requires the Landlord to provide this information before scheduling
and inspection and absent that requirement in the City Code Landlord should not be forced to do that
is our understanding?
If the City Council wants to modify the City Code they would have to amend it with a new resolution to
change the process and requirements is that correct not just make a list up and send it out to us?
During that inspection if anything is found that needs to be corrected or modified to meet City Code to
obtain the certificate or rental permit the inspectors provide that in writing to the Landlord and then its
corrected from there an additional step is not required per City Code.
Just so you know I do have one property I want a new rental permit for and do not want to be delayed
by this new change to the City Code without a resolution from the City Council requiring it.
If there are issues at the time of the rental inspection with the house not meeting City Code
requirements we will address them and correct them as has been done in the past with the inspector
that is the process in place to at this time and its fair.
I would like to schedule the inspection right away on the house we are planning to rent without the
new steps in this list from Stan and Sue please let us know today if Sue Dunlap can schedule that
inspection right away with our office without the new list of items. And if not we need to know why
and what supports the decision within the City Code so we can address this properly.
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 121h Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentals(cD-BigTenlowaCity.com
Website: www.BigTenlowaCity.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Eleanor M. Dilkes [ma ilto:Elea nor -Di lkes@iowa-city.org]
Sent: Thursday, January 30, 202011:08 AM
To:'rentals@bigteniowacity.com' <rentals@bigteniowacity.com>
Cc: Stan Laverman <Stan-Laverman@iowa-city.org>; Geoff Fruin <Geoff-Fruin@iowa-city.org>; Sue Dunlap <Sue-
Dunlap@iowa-city.org>; Susan Mims <Susan-Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-city.org>;
Pauline Taylor <Pauline-Taylor@iowa-city.org>; Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John-
Thomas@iowa-city.org>; Janice Weiner <Janice-Weiner@iowa-city.org>; 'Josh Scheinblum'
<Josh.Scheinblum@kcrg.com>;'aaron.scheinblum@kcrg.com' <aaron.scheinblum@kcrg.com>; Council <Council@iowa-
city.org>
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Mr. Barkalow,
Your emails on the above topic have been forwarded to me for response
The information being requested on the application is necessary to determine whether the requirements of the City Code
are met (e.g. parking, open space, bedroom square footage). The application itself is an administrative task and simply
one way of obtaining the information needed to assess whether a rental permit may be issued.
Eleanor M. Dilkes
City Attorney
City Hall
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
eleanor-dilkes(&iowa-city.org
Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet,
the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City
Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to
communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City
Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message
is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to
whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be
forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee,
you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
From: Big Ten Property Management LLC [mailto:rentals@bigteniowacity.com]
Sent: Thursday, January 30, 2020 8:46 AM
To: Stan Laverman <Stan-Laverman@iowa-city.org>
Cc: Geoff Fruin <Geoff-Fruin@iowa-citv.org>; Sue Dunlap <Sue-Dunlap@iowa-city.org>; Laura Bergus <Laura-
Bergus@iowa-city.org>; Susan Mims <Susan-Mims@iowa-city.org>; Mazahir Salih <Mazahir-Salih@iowa-city.org>;
Pauline Taylor <Pauline-Taylor@iowa-city.org>; Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John-
Thomas@iowa-citv.org>; Janice Weiner <Janice-Weiner@iowa-city.org>; 'Josh Scheinblum'
<Josh.Scheinblum@kcrg.com>; aaron.scheinblum@kcrg.com
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Importance: High
I
RISK
Stan -
The City Code Section you provided us does not state or require Landlords to provide lot layout (which you
have on the Iowa City Assessor Site), Detailed Floor Plans with dimensions and pay fees prior to scheduling a
rental inspection as you are requesting.
It says the following:
17-5-16-C-2:
2. Application For Permit: The owner or operator shall file, in duplicate, an application for rental permit with
the Department of Housing and Inspection Services on application forms provided by the inspector. (1978
Code §17-4; amd. 1994 Code)
At this time is there an actual City of Iowa City Application Form(s) to complete that the City Code section calls
for? We do recall filling out a simple form in the past is that not happening anymore or are you saying you are
requiring us to do an additional step before that?
The attached document you sent us states "We ask that you provide the following information to obtain an
application." That's not required per City Code Section you provided us so that is our concern we which means
the City and the Landlords both need to follow the City Code.
And for the record we will follow City Code on this however what you have provided is a change and not
consistent with current City Code, the past rental process if you review the Code Section you provided us.
When you addressed us at the Apartment Association meeting early in the week you stated the only change
approved by City Council to the rental application process was the addition to Radon testing and spoke about
that process.
Would a change in this process requesting the information you are requesting to prior to obtaining a rental
permit application not require City Council review and approval too as it's a change in City Code and would
need resolution correct? It should if its in direct conflict of City Code.
Again we don't mind doing what the City Code requires but not real interested in doing something not in the
City Code or additional steps in processes in place now.
Also one last thing did City Council make these changes or require staff to ask Landlords to provide this
information before applications are issued or is this something staff came up with? Asking for a friend?
Sorry we have to send this to everyone just want to be transparent and have clear open communication with
all people involved.
Thankyou
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 121h Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentalsa-BigTenlowaCity.com
Website: www.BigTenlowaCity.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Stan Laverman [mailto:Stan-Laverman@iowa-city.org]
Sent: Wednesday, January 29, 2020 4:26 PM
To: 'Big Ten Property Management LLC' <rentals@bieteniowacity.com>
Cc: Geoff Fruin <Geoff - Fru in@iowa-city.ore>; Sue Dunlap <Sue-Dunlap@iowa-citv.ore>
Subject: RE: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from
Neighborhood Planning
Good afternoon Tracy-
The attached list is part of the application process referenced in 17-5-16-C-2: Application For Permit. With the recent
changes to the Iowa City Housing Code we have updated the application to reflect the information required by the City
to start the process.
Let me know if you have any more questions- Stan
Stan Laverman
Senior Housing Inspector
City of Iowa City
(319) 356-5135 — (319) 530-4076
From: Big Ten Property Management LLC <rentals@bigteniowacitV.com>
Sent: Wednesday, January 29, 202010:50 AM
To: Sue Dunlap <Sue-Dunlap@iowa-citV.org>
Cc: Stan Laverman <Stan-Laverman@iowa-city.org>; Laura Bergus <Laura-Bergus@iowa-city.org>; Susan Mims <Susan-
Mims@iowa-citV.org>; Mazahir Salih <Mazahir-Salih@iowa-citv.org>; Pauline Taylor <Pauline-Taylor@iowa-city.org>;
Bruce Teague <Bruce-Teague@iowa-city.org>; John Thomas <John-Thomas@iowa-citV.org>; Janice Weiner <Janice-
Weiner@iowa-citv.org>; aaron.scheinblum@kcrg.com; 'Josh Schein blum' <Josh.Scheinblum@kcrg.com>
Subject: City of Iowa City Rental Permit New Requirements Application Process RE: Scanned image from Neighborhood
Planning
Importance: High
ARI�K
Sue -
Quick question is this attached list from you and Stan City Council Approved or stated somewhere in
the City of Iowa City Code as a required process and required information needed from Landlord to
the City of Iowa City before City Inspection Occurs or the process starts?
This seems a bit excessive and a big change we just want to confirm first that the information you are
request and that your new application process is actually in the City Code somewhere? Please show
us the change in City of Iowa City Code that require this process.
Second if it is in the City of Iowa City Code can you please provide a complete copy of the exact
language and City of Iowa City Code Section that states Landlords are required to follow this new
application process. We did not see these changes discussed as part of the Council Meetings or
Work Sessions or approved did we miss something somewhere?
We are asking because this has never been the City of Iowa City's process before and never required
before in any rental permit application process we have applied for in the past so we would like
clarity.
We want to follow City Code that is our intention and we look forward to your assistance in clarifying
this.
Thank you
Big Ten Property Management LLC
MAIL: PO Box 1490
Iowa City, IA 52244
OFFICE: 250 12" Avenue Ste 150
Coralville IA 52241
Phone: (319) 354-0028
Email: rentals(aD_BigTenlowaCity.com
Website: www.BigTenlowaCity.com
Owner is an Iowa Real Estate Broker
*All lease pricing, terms and conditions can change at anytime prior to lease execution without notice.
This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-
2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby
notified that any retention, dissemination, distribution, or copying of this communication is strictly
prohibited. Please reply to the sender that you have received the message in error, and then please delete
it. Thank you
From: Sue Dunlap fmailto:Sue-Dunlap@iowa-city.org]
Sent: Tuesday, January 28, 2020 4:24 PM
To: 'Big Ten Property Management LLC' <rentals@bigteniowacitv.com>
Subject: FW: Scanned image from Neighborhood Planning
This message is for Tracy per our phone conversation about applying for new rental permits on or after Jan
30th. There are a couple new requirements that need to be met before applications will be created. Please see
the attached document for the current information. It is also available on our website.
Thank you
Sue Dunlap
-----Original Message -----
From: NDS-COPIER(i6owa-city.org <NDS-COPIERAiowa-city.org>
Sent: Tuesday, January 28, 2020 4:07 PM
To: Sue Dunlap <Sue-Dunlap6biowa-cit y�org>
Subject: Scanned image from Neighborhood Planning
Reply to: NDS -COPIER <NDS-COPIER(a_)iowa-city.org> Device Name: Neighborhood Planning Device
Model: MX -6071
Location: Iowa City
File Format: PDF MMR(G4)
Resolution: 200dpi x 200dpi
Attached file is scanned image in PDF format.
Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document.
Adobe(R)Reader(R) can be downloaded from the following URL:
Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of
Adobe Systems Incorporated in the United States and other countries.
httv://www.adobe.com/
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
How do I apply for a Rental Permit?
You will need to contact Sue Dunlap in Neighborhood Services to complete the process. We ask that
you provide the following information to obtain an application:
Owner name, mailing address, phone and email
If you live outside of Johnson County, you will need a local designated agent to act in your
absence. This can be a neighbor, friend, relative, or you can hire a professional management
company.
You will need to provide us with a floor plan of the structure. This floor plan needs to Include:
o labeled rooms,
a the locations and dimensions of the bedrooms as well as the dimensions of common
spaces.
o The height of the basement ceiling and the dimensions of any basement bedroom
windows need to be marked as well.
You will need to provide us with a site plan of the property. The site plan should be to scale and
will need to provide:
o The footprint of the house (and garage if applicable)
o The location of the structure In relation to the property lines
a The dimensions of the lot, the available off-street parking spaces as well as the
driveway dimensions
o The plan needs to show the location of the 500 sq ft open space requirement in the
rear yard
Your application and documentation will be reviewed by our department and once compliance is
confirmed you will receive an application with an inspection time and date as well as contact
information for the inspector assigned to your inspection. Fees will be due before the actual inspection
takes place. The fee schedule is as follows:
$165 per structure
$17 per dwelling unit in the structure
$9 per bedroom in the structure
$40 one time fees for a certificate of structural compliance.
Please contact Sue Dunlap at 356-5130 or Stan Laverman at 356-5135 if you have any other questions.
Item Number: 9.e.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
February 4, 2020
Install (2) "Yield" signs on Huntington Drive at the intersection with Thames
Drive.
Prepared By: Emily Bothell; Sr. Associate Transportation Planner
Reviewed By: Kent Ralston; Transportation Planner
Tracy Hightshoe; Director, Neighborhood and Development Services
Fiscal Impact: No impact.
Recommendations: Staff: Approval
Commission: N/A
Attachments: None.
Executive Summary:
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Pursuant to Section 9-1-3A (5); Install (1) "Yield" sign on the northwest corner and (1) "Yield" sign
on the southeast corner of the Huntington Drive and Thames Drive intersection.
Background /Analysis:
This action is being taken to assign the right-of-way at the newly constructed intersection.
Item Number: 9.f.
CITY OF IOWA CITY
`���� COUNCIL ACTION REPORT
February 4, 2020
Install (1) "Stop" sign on Thames Drive at the intersection with South Taft
Avenue.
Prepared By: Emily Bothell; Sr. Associate Transportation Planner
Reviewed By: Kent Ralston; Transportation Planner
Tracy Hightshoe; Director, Neighborhood and Development Services
Fiscal Impact: No impact.
Recommendations: Staff: Approval
Commission: N/A
Attachments: None.
Executive Summary:
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise City Council of
the following action:
Pursuant to Section 9-1-3A (5); Install (1) "Stop" sign on Thames Drive for eastbound motorists at
the intersection with South Taft Avenue.
Background /Analysis:
This action is being taken to assign the right-of-way at the newly constructed intersection.
Item Number: 11.a.
>< _ 4
CITY OE IOWA CITY
www.icgov.org
February 4, 2020
Letter to the Johnson County Planning and Zoning Commission
recommending denial of a rezoning from County (A) and County Residential
(R) to County Commercial (C) for approximately 32.96 acres of property
located in unincorporated Johnson County south of Route 218 and Riverside
Drive. (CZ 19-05)
ATTACHMENTS:
Description
Council Memo
P&Z Staff Report with Attachments
P&Z Minutes
Letter from Mayor Teague
� r
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
CITY O F IOWA C1TY
MEMORANDUM
Date: February 4, 2020
To: Geoff Fruin, City Manager
From: Ray Heitner, Associate Planner
Re: Summary of Revisions to the 218 Commercial Park Preliminary Plat and Rezoning (CZ19-05
and SUB19-16)
Background
After holding several discussions with County Planning staff, the applicant for the 218 Commercial Park
Preliminary Plat and Rezoning, decided to reduce the scale of the originally intended development. The
following memo is intended to provide a summary to the City Council of revisions to the 218
Commercial Park Preliminary Plat and Rezoning applications. These revisions were submitted to staff
and the Planning and Zoning Commission, one day prior to the Commission's meeting on January 16,
2020. The Commission recommended denial of the rezoning (0-6) and approval of the revised
preliminary plat (4-2). A subsequent revised plat, showing an additional outlot for stormwater
management, was submitted on January 27, 2020.
Changes to the Rezoning
Table 1 below highlights the revisions to the rezoning. The revised rezoning reduces the number of
applicable lots from 3 to 2, and reduces the applicable acreage from 65.15 total acres to 32.96 acres.
Parcel number 3, shown in Figure 1 as Outlot A, is removed from the revised rezoning. This parcel was
originally planned to be rezoned to County Highway Commercial. Under the revised rezoning proposal,
this parcel will remain zoned as County Residential (Figure 2). While City staff believes that the
reduced, revised rezoning is an improvement over the originally proposed 65.15 -acre rezoning, the
reduced 32.96 -acre rezoning assemblage to County Commercial is still in conflict with the Fringe Area
Agreement.
Table 1
Current Zoning
Originally Proposed
Rezoning
Revised Proposed
Rezoning
Acreage
County Agricultural
County Commercial
County Commercial
32.96
(32.87 acres) &
County Residential (0.09
acres)
County Residential
County Highway
Removed from
32.19 acres removed
Commercial
rezoning request
January 28, 2020
Page 2
Figure 1 — Original Rezoning Exhibit
REZONING EXHIBIT
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January 28, 2020
Page 3
Changes to the Preliminary Plat
Table 2 below highlights the revisions to the preliminary plat. The revised preliminary plat reduces the
number of lots intended for immediate development from 11 to 5, reducing the immediately developable
acreage in half. The attached original and revised preliminary plats show how the subdivision layout
reduces the number of planned new streets from 3 to 1, with the revised plat showing an extension of
Izaak Walton Road SE to the west, terminating in a cul-de-sac. Both the revised and original
subdivision designs show Outlot B as dedicated for stormwater detention, however the most recent plat
shows some stormwater management taking place in Outlot I. Outlots C and E are shown as having
future open space in both versions, with Outlot D being reserved for future street infrastructure.
Because the proposed subdivision meets the Fringe Area Agreement's Rural Design Standards, staff is
recommending approval of the revised preliminary plat.
Table 2
Recommendation
The Planning and Zoning Commission recommended denial of the rezoning (0-6), but voted to
recommend approval (4-2) of the revised preliminary plat. The voting results from the Commission
follows staff's direction from the staff report. While staff feels that the revised rezoning is less intense
than the original version, the Fringe Area Agreement still stipulates that the uses in this portion of the
Fringe Area shall be consistent with a Rural/Agricultural area, as indicated in the Johnson County Land
Use Plan and as designated in Chapter 8 of the Johnson County Unified Development Ordinance. A
commercial zoning designation, of any size, violates the intent of this Agreement. Because the revised
preliminary plat meets the Rural Design Standards set forth in the Fringe Area Agreement, the Planning
and Zoning Commission is recommending approval of the preliminary plat. The City must act on the
preliminary plat. However, the Johnson County Board of Supervisors will ultimately make the final
decision on the rezoning proposal, in addition to taking action on the preliminary plat.
Attachments:
1. Revised Preliminary Plat, Received January 27, 2020
Original Proposed Plat
Revised Proposed Plat
Lots for Immediate Development
11
5
Acreage for Immediate
Development
16.05
8.09
Outlots for Future Development
1
4
Acreage for Future Development
31.39
39.57
Outlots for Open
Space/I nfrastructure
4
5
New Streets
3
1
Recommendation
The Planning and Zoning Commission recommended denial of the rezoning (0-6), but voted to
recommend approval (4-2) of the revised preliminary plat. The voting results from the Commission
follows staff's direction from the staff report. While staff feels that the revised rezoning is less intense
than the original version, the Fringe Area Agreement still stipulates that the uses in this portion of the
Fringe Area shall be consistent with a Rural/Agricultural area, as indicated in the Johnson County Land
Use Plan and as designated in Chapter 8 of the Johnson County Unified Development Ordinance. A
commercial zoning designation, of any size, violates the intent of this Agreement. Because the revised
preliminary plat meets the Rural Design Standards set forth in the Fringe Area Agreement, the Planning
and Zoning Commission is recommending approval of the preliminary plat. The City must act on the
preliminary plat. However, the Johnson County Board of Supervisors will ultimately make the final
decision on the rezoning proposal, in addition to taking action on the preliminary plat.
Attachments:
1. Revised Preliminary Plat, Received January 27, 2020
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Ray Heitner, Associate Planner
Item: SUB19-16 Date: 01/16/2020
CZ19-05
GENERAL INFORMATION:
Applicant:
Adam Kos
CJ Moyna & Sons
24412 Highway 13
Elkader, IA 52043
563-245-1442
AKos@cjmoyna.com
Property Owner:
Ray Frank, Edmund & Martha Freund, Judith
Redeker, & CJ Moyna
24412 Highway 13
Elkader, IA 52043
563-245-1442
AKos@cjmoyna.com
Requested Action:
Approval of a County rezoning and preliminary
plat.
Purpose:
Development of a commercial subdivision.
Location:
West of Oak Crest Hill Rd SE, east of Highway
218 SE, and south of F50 SE.
Location Map:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning:
Comprehensive Plan:
District Plan:
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
K
65.15 Acres
Undeveloped, R — County Residential and A —
County Agricultural
North: Woodlands — County Residential (R)
South: Mobile home park — County Highway
Commercial (CH)
East: Open space and quarry areas — County
Agricultural (A)
West: Route 218, open space, woodlands —
County Agricultural (A)
NA
NA
NA
December 12, 2019
January 27, 2020
In June, 2019, the applicant submitted a comprehensive plan amendment application to
Johnson County to amend the future land use map from Agricultural to Commercial for
land located south of Riverside Drive and west of Oak Hill Crest Road. At the time of the
application, City staff provided comment to the County Planning and Zoning Commission
expressing staff's concerns related to the request. See Attachment 3.
After receiving the memo from City staff outlining concerns related to the proposed FLUM
amendment, the Board of Supervisors requested a meeting with the City. On September 23rd,
2019, the applicant, MMS staff, City and County Planning staff, the City Manager, Mayor
Throgmorton, Council Member Thomas and Board of Supervisors Rettig and Sullivan, held
a meeting to discuss the City's objection to the County's future land use map amendment
from an Agricultural land use designation to a Commercial land use designation. Although
the City objected, land use policy decisions in the unincorporated area are the County's and
the Board of Supervisors adopted an amendment to the future land use map changing the
land use designation from Agricultural to Commercial for approximately 60 acres.
Subsequent to the adoption of the FLUM amendment, the applicant submitted a rezoning
and preliminary plat application.
Rezoning: The applicant, CJ Moyna & Sons, has requested rezoning of the parcels
identified in Table 1.0 below. The subject properties are located south of Route 218 and
Riverside Drive, in unincorporated Johnson County, Fringe Area C — outside of the City's
Growth Area. The City Council will provide a recommendation to the Johnson County
Board of Supervisors on the rezoning.
3
Table 1.0
Parcel No.
Acreag
Current Zoning
Proposed Zoning
1
32.87
County Agricultural
County Commercial
(A►)
(C)
2
0.09
County Residential
County Commercial
(R)
(C)
3
32.19
County Residential
County Highway
(R)
Commercial (CH)
Preliminary Plat: The requested platting would create 11 lots for commercial development,
with five outlots. Because the subject property is in the City/County Fringe Area, the
subdivision must be approved by the City and by Johnson County. The subdivision must
attain approval by the Iowa City Council before action can be taken by the Johnson County
Board of Supervisors. With the property located in Fringe Area C — outside of the City's
Growth Area, the proposed subdivision must conform to the City's Rural Design Standards.
The City's Growth Area terminates north of Riverside Drive.
ANALYSIS (Rezoning):
Current Zoning: The subject area is currently zoned County Residential (R) in the area north
of the proposed Izaak Walton Road SE extension (shown on the plat as Outlot A). This zoning
designation allows for single-family dwellings on at least 1 -acre sized lots.
The remaining balance of the property is zoned County Agricultural (A). Per the Johnson
County Unified Development Ordinance, "The Agricultural District is intended to preserve
agricultural resources and protect agricultural land from encroachment of urban land uses.
As a matter of policy, it is hereby determined that the highest and best use of these lands is
agriculture and that the rural character of these areas be preserved."
Proposed Zoning: A 32.19 -acre area north of the Izaak Walton Road SE extension (shown on
the plat as Outlot A), is proposed to rezone to County Highway Commercial (CH). Per the
Johnson County Unified Development Ordinance, "The CH District is intended to establish
and preserve higher impact commercial areas consisting of shopping centers and
commercial strips where customers reach individual business establishments primarily by
automobile. The uses permitted are generally high intensity in nature due to the large size of
the principal building, high number of employees, and high traffic generators."
The remaining balance of the subject property is proposed to rezone to County Commercial
(C). Per the Johnson County Unified Development Ordinance, "The C District is intended to
establish and preserve a business district convenient and attractive for a wide range of retail
uses and businesses, government and professional offices, and places of amusement in a
setting conducive to and safe for pedestrian traffic. The uses permitted are generally low
intensity in nature due to the small size of the principal building, low number of employees,
and low traffic generators."
Compliance with Comprehensive Plan: The Fringe Area Agreement, which a component of
C!
the City's comprehensive plan, states the following:
"In the portions of Area C that are not within Iowa City's growth area and which are
zoned for non-farm development, development may occur in conformance with the
Johnson County Unified Development Ordinance and City Rural Design Standards.
Until otherwise changed by amending this agreement, this area shall be restricted to
those uses consistent with a Rural/Agricultural area as indicated in the Johnson County
Land Use Plan, and as designated for a Rural/Agricultural area in Chapter R-1.6 Class A
District of the Johnson County Unified Development Ordinance as amended. "
A rezoning to County Commercial and County Highway Commercial designations opens a
wide variety of land uses such as shopping centers, warehousing, storage, restaurants,
theaters, taverns, and a variety of retail and service oriented uses. The development of
more intense commercial uses conflicts with the intent of the Fringe Area Agreement's
direction to maintain Rural/Agricultural land uses in this area. Based on the utilities and
infrastructure needed to service most commercial land uses, City staff recommends that
future commercial land use be located within the City's corporate limits.
ANALYSIS (Preliminary Plat):
Subdivision Design: The proposed subdivision creates eleven (11) parcels for commercial
development, with five (5) outlots. Izaak Walton Road SE, located to the east of the subject
property, will extend west into the proposed subdivision. A 31.39 -acre outlot (Outlot A) will
be located north of the Izaak Walton Road extension. The plat shows Izaak Walton Road SE
ending in a cul-de-sac, with a temporary turnaround easement in the southwest corner of
Outlot A. The subdivision would create two additional streets, Oakside Road SE, which
would stem off Izaak Walton Road SE in a north -south direction. Greenview Road SE would
be a new east -west road between Oakside Road SE and Oak Hill Crest Road. The eleven
(11) planned lots for development would range between 1 and 3.66 acres in size. Outlot B,
located in the subdivision's far southeast corner, would feature a 2.77 -acre lot dedicated to
storm water detention. Outlots C and E, respectively feature 4.18 and 3.37 acres of open
space. Outlot D contains 0.23 acres of infrastructure for future right-of-way and potential
future extension of Oakside Road SE to the south. Overall, City staff found that the
subdivision design conformed with the City's Rural Design Standards.
Traffic Implications: The proposed 26' wide internal streets would meet the minimum 22'
wide requirement from the City's Rural Design Standards. Staff also noted that an
overhead light might be appropriate at the intersection of Oak Crest Hill Road and Izaak
Walton Road SE., due to the higher traffic speeds on Oak Crest Hill Road.
Environmentally Sensitive Areas: The subdivision will be required to conform with
County regulations pertaining to sensitive areas development. Open space outlots on the
southern end of the proposed subdivision will be converted to preservation outlots, per
the County's direction to preserve the stream corridor along the property's southern end.
In addition, the subdivision proposed disturbing 2.67 acres of timber in Outlot A. Johnson
County will require protection of off-site woodlands at a ratio of 8:1, equaling 21.36 acres
of timber off-site to be put under perpetual protection.
Storm Water Management: Stormwater management will be provided by installation of a
2.77 -acre stormwater detention basin. Three separate 15' wide storm sewer utility
easements will service the basin, with two points of discharge on the north side of the
basin, and one point of discharge in the basin's southeast corner.
5
Sanitary Sewer and Water Service: Water service to the subdivision will be provided by a
public well system, with distribution lines running along the north sides of Izaak Walton
Road SE and Greenview Road SE and along the east side of Oakside Road SE, within the
public right-of-way. Although it is labeled as a public well, this well will not be maintained
by the City of Iowa City. Each lot will utilize individual septic systems, which will be
required to conform to the Johnson County Board of Health Rules and Regulations
Governing On -Site Wastewater Treatment Systems.
NEXT STEPS:
The Planning and Zoning Commission will make a recommendation on the rezoning and
preliminary plat to the City Council. The Council, will then provide a recommendation on the
rezoning to the Johnson County Board of Supervisors. The City must approve the preliminary
plat for the Johnson County Board of Supervisors to take action on the plat. The Johnson
County Planning and Zoning Commission will have the rezoning and preliminary plat item
for consideration on its February agenda.
STAFF RECOMMENDATION (Rezoning):
Based on the adopted policy in the City/County Fringe Area Agreement, staff continues to
recommend denial of the CZ19-05, an application to rezone approximately 32,19 acres to
County Highway Commercial and approximately 32.96 acres to County Commercial. As
was stated earlier, a rezoning to County Commercial and County Highway Commercial
designations opens a wide variety of land uses for this area that are not in compliance
with the Fringe Area Agreement.
The Fringe Area Agreement provides for the creation of a conflict resolution committee in
situations where the City and County disagree on land use actions. Staff does not believe
that a future conflict resolution committee meeting with Johnson County on this rezoning
is necessary, since the City's concerns over the future land use of the subject property
have not changed since the meeting with the County on September 23, 2019.
STAFF RECOMMENDATION (Preliminary Plat):
Staff is recommending approval of SUB19-16, an application for a preliminary plat of the
218 Commercial Park subdivision, as the plat does not present any conflicts with the
City's Rural Design Standards.
This recommendation is subject to the County's approval of the proposed rezoning,
which the City does not support. If the County Board of Supervisors does not approve the
proposed rezoning, staff would recommend denial of the plat.
ATTACHMENTS:
1. Location Map
2. Rezoning Exhibit
3. Memo to Johnson County Planning and Zoning Commission, August 9, 2019
4. Preliminary Plat
Approved by:
: I ). sl+-���
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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CITY OF IOWA CITY
MEMORANDUM
CITY OF IOWA CITY
UNESCO CITY Or LITERATURE
Date: August 9, 2019
To: Johnson County Planning and Zoning Commission
From: Neighborhood and Development Services Department
Re: 2019 Fringe Area Future Land Use Map Amendments
Introduction and Summary
Neighborhood and Development Services staff appreciates the opportunity to review and provide
comment on the County Future Land Use Map amendment applications within and near the Fringe
Area. Although there is no formal review requirement stipulated in the City/County Fringe Area
Agreement, staff appreciates the ongoing coordination with County planning staff on issues in the
Fringe Area.
This memo outlines the advisory positions of City staff on three County Future Land Use Map
amendment applications. The City is currently analyzing long-range planning needs within the Fringe
Area, and will need to incorporate any major County land use map amendments into its ongoing
analysis.
Approach to Analysis
In staff's review of the proposed Future Land Use Map amendments, NDS staff:
a) Compared the existing land use category to the proposed, including the general intended land
uses and the associated density/intensity of development allowed.
b) Reviewed the policies in the City/County Fringe Area Agreement.
c) Identified applicable goals and policies in the City's comprehensive plan. For amendments
proposing more intense land uses (e.g. commercial) that are more appropriate with access to
City services and infrastructure, staff reviewed the annexation potential.
Future Land Use Map Amendment FLUM-19-27757 of Charlie Ockenfels
Application Background
The proposed request by Charlie Ockenfels is to change 6.85 acres on the County's Future Land Use
Map from Agricultural to Residential on parcel number 1503253001 (this parcel does not currently have
an address). The subject property is located at the southern end of the Oak Crest Hill region, off Indian
Lookout Road. The majority of the properties surrounding the subject property are also shown as
Agricultural on the County Future Land Use Map, with the exception of the land to the east, which is
designated Preservation. Adjacent properties located to the west and north of the subject property
feature larger lot residential homes, and have a mixture of zoning between County R -Residential and
County A- Agricultural. Figure 1 is a zoning map that shows the location of the proposed amendment in
blue.
August 9, 2019
Page 2
rigure 1. Location of rroposea Amenamen
T ❑lir . I_ ! �-
i ri til , i - i
The end of the application packet contains seven copies of a plat outlining the subject parcel, with
signatures from adjoining neighbors indicating support of the map amendment to County- Residential
(as well as subsequent rezoning and subdivision of the parcel). The section of the application essay
titled "Land Use and Map, Proposed South Land Use — Oak Crest Hill Region", contains some
language about how preexisting, lower density residential uses should be preserved, and how
potentially similar residential uses could be built in the area east of Oak Crest Hill Road. This section of
the application essay seems to be describing the area including the subject property.
Analysis
Table 1 compares the existing Future Land Use Map category to the proposed amendment.
Table 1. Comparison of Existina and Proposed Land Use Cateaory
*Assumes a rezoning to standard County R zoning, with the ability to develop the site to its full build-
out potential (not factoring in constraints from sensitive areas).
Fringe Area Policy
The subject parcel is located in Area "C" of the City's Fringe Area, outside of the growth area. This
Fringe Area designation calls for rural/agricultural uses, or uses consistent with the Johnson County
Unified Development Ordinance. Road infrastructure must meet the City's rural design standards.
Existing FLUM Category
Proposed FLUM Category
Agricultural
Residential
Typical Land Uses
Agriculture (Crop Production &
Single-family detached
Animal Husbandry); Limited
dwellings (1 unit per acre of
Residential
denser); Can include some
non-residential development
Residential
Limited, case by case (no more
Limited to locations that can
Development
than 2 acres per dwelling);
support and accommodate
should be associated with food
designated Residential
production or consistent with
densities
historic use
Max Development
Development intensity not
6 Dwelling Units*
Potential
specified in the Future Land
Use Map Category.
*Assumes a rezoning to standard County R zoning, with the ability to develop the site to its full build-
out potential (not factoring in constraints from sensitive areas).
Fringe Area Policy
The subject parcel is located in Area "C" of the City's Fringe Area, outside of the growth area. This
Fringe Area designation calls for rural/agricultural uses, or uses consistent with the Johnson County
Unified Development Ordinance. Road infrastructure must meet the City's rural design standards.
August 9, 2019
Page 3
City's Comprehensive Plan
The City's South Central District Plan does not cover the subject area.
NDS's Advisory Position
Several large -lot residential land uses can be found to the west of the subject property. Indian Lookout
Rd. SE is a paved road that can support demand for residential development. Given these existing
conditions, NDS staff does not have concerns with the proposed amendment. Going forward, City staff
believes that the County should be mindful of the potential for increased residential density on both the
subject parcel and in the immediate surrounding area, in the event that subsequent Future Land Use
Map amendment requests are received or ownership of property changes. However, as it relates to the
subject property, development beyond 2-3 additional dwelling units will prove challenging due to
constraints with sensitive areas.
Future Land Use Map Amendment FLUM-19-27759 of Claude Greiner
Application Background
The proposed request by Claude Greiner is to change the County Future Land Use Map from
Agricultural to Residential to allow for future residential development on two parcels equaling 73 acres.
Figure 2 shows the subject properties in blue, next to the yellow area identified as Residential on the
County Future Land Use Map.
Figure 2. Location of Proposed Map Amendment
In June of 2019, the Iowa City City Council approved a preliminary plat for a Not subdivision located
directly north of the subject properties. The approved subdivision contains a stubbed out street and
stormwater detention infrastructure, intended to service both the subdivision to the north and planned
development on the subject properties.
Analysis
There is a moderate degree of existing residential uses to the west along American Legion Road.
Additionally, there is some estate housing to the north of American Legion Road. The existing
residential land uses are identified on the County's Future Land Use Map as Residential. While the
subject properties would be directly adjacent to the land designated Residential, there are still large
August 9, 2019
Page 4
swaths of undeveloped land within this designated area. Table 2 compares the existing land use
category with the proposed. Staff anticipates that with a potential rezoning to County- Residential, a full
build -out of the properties could yield between 50 and 70 dwelling units.
Table 2. Comparison of Existing and Proposed Land Use Category
*Dwelling unit figure based on an assumption of rezoning to County R -Residential zoning, at the
maximum build -out of 1 unit per acre. Max build -out does not take into consideration the area
needed for the development of roadways and stormwater management.
Fringe Area Policy
The two subject parcels are located outside of the City's current Fringe Area, meaning that they are
technically not subject to any of the regulations of the Fringe Area Agreement. These properties are;
however, located within 2 miles of the City's jurisdictional boundary. The closest Fringe Area
classification can be found to the north and west of the subject parcels, which is Fringe Area B —
Outside of the Growth Area. This Fringe Area classification calls for rural/agricultural uses, and road
infrastructure must meet the City's rural design standards.
City Comprehensive Planning
The City's Southeast District Plan does not cover the subject properties. However, about one -mile
northwest of the County's designated Residential land use area (see Figure 2), the Southeast District
Plan does call for future housing to match what is located on the west side of Taft Avenue (upon
improvement of Taft Avenue to City standards, and projected subsequent residential development).
The density projected for this area is a low to medium range density, with lot sizes between 5,000 —
8,000 square feet in size (roughly 1/10 to 1/5 of an acre). With continued demand for expansion of the
City eastward, it is not unreasonable to assume similar development patterns could eventually abut the
County's designated Residential land use area.
NDS's Advisory Position
NDS staff has concerns with the proposed Future Land Use Map amendment from Agricultural to
Residential. The land use change, and subsequent rezoning and development of the subject properties,
could add a generous amount of estate -sized housing to an area that the City has seen outward growth
and demand for increased residential growth. There is abundant land (approximately 190 acres) within
the County's designated Residential land use area for County Residential infill development. And
finally, the City Planning and Zoning Commission and City Council evaluation of the rezoning of the
property to the north of the subject properties was met with some resistance, due to the area's
proposed departure from the agricultural uses prescribed in the City/County Fringe Area Agreement.
Existing FLUM Category
Proposed FLUM Category
Agricultural
Residential
Typical Land Uses
Agriculture (Crop Production &
Single-family detached
Animal Husbandry); Limited
dwellings (1 unit per acre or
Residential
denser); Can include some
non-residential development
Residential
Limited, case by case (no more
Limited to locations that can
Development
than 2 acres per dwelling);
support and accommodate
should be associated with food
designated residential
production or consistent with
densities;
historic use
Max Development
Development intensity not
73 Dwelling Units*
Potential
specified in the Future Land
Use Map Category.
*Dwelling unit figure based on an assumption of rezoning to County R -Residential zoning, at the
maximum build -out of 1 unit per acre. Max build -out does not take into consideration the area
needed for the development of roadways and stormwater management.
Fringe Area Policy
The two subject parcels are located outside of the City's current Fringe Area, meaning that they are
technically not subject to any of the regulations of the Fringe Area Agreement. These properties are;
however, located within 2 miles of the City's jurisdictional boundary. The closest Fringe Area
classification can be found to the north and west of the subject parcels, which is Fringe Area B —
Outside of the Growth Area. This Fringe Area classification calls for rural/agricultural uses, and road
infrastructure must meet the City's rural design standards.
City Comprehensive Planning
The City's Southeast District Plan does not cover the subject properties. However, about one -mile
northwest of the County's designated Residential land use area (see Figure 2), the Southeast District
Plan does call for future housing to match what is located on the west side of Taft Avenue (upon
improvement of Taft Avenue to City standards, and projected subsequent residential development).
The density projected for this area is a low to medium range density, with lot sizes between 5,000 —
8,000 square feet in size (roughly 1/10 to 1/5 of an acre). With continued demand for expansion of the
City eastward, it is not unreasonable to assume similar development patterns could eventually abut the
County's designated Residential land use area.
NDS's Advisory Position
NDS staff has concerns with the proposed Future Land Use Map amendment from Agricultural to
Residential. The land use change, and subsequent rezoning and development of the subject properties,
could add a generous amount of estate -sized housing to an area that the City has seen outward growth
and demand for increased residential growth. There is abundant land (approximately 190 acres) within
the County's designated Residential land use area for County Residential infill development. And
finally, the City Planning and Zoning Commission and City Council evaluation of the rezoning of the
property to the north of the subject properties was met with some resistance, due to the area's
proposed departure from the agricultural uses prescribed in the City/County Fringe Area Agreement.
August 9, 2019
Page 5
While the rezoning was ultimately approved, a joint -consult between City and County staff was
necessary. The subject application proposes a similar request, but is outside of the area identified for
County residential infill development.
Future Land Use Map Amendment FLUM-19-27760 of Adam Kos
Application Background
The proposed request by Adam Kos for a Future Land Use Map amendment is to change 115.37 acres
of land designated Agricultural to Conservation Development and Commercial. This proposed
amendment area is shown in Figure 3. The subject area currently contains A -Agricultural, R -
Residential, and CH -Commercial Highway County zoning. The change in land use designation is
intended to support a sizeable mixed commercial, residential, and conservation development project.
Figure 3 shows the subject properties within the proposed Future Land Use Map amendment area. The
proposed land use designations for each parcel are identified in the table.
Figure 3. Location of Proposed Map Amendment
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Current Designation
Proposed Designation
1028477003
A ncutture
Commercial
1028477001
Agriculture
Commercial
1028477002
Agriculture
Commerbal
1033151005
AgricuHure
Commercial
10331510D4
A ncu3ture
Commercial
1033126001
Agriculture
commercial
1033101002
Agriculture
Commercial
1033101001
A ncuiture
Commercial
1034226002
Agncuiture
Conservation Dexeloprnent
1034226003
Agricutiue
Con servation Development
1034251001
Aegiailtiee
Conservation Development
August 9, 2019
Page 6
Analysis
The application proposes changing the existing Agricultural land use designation to a combination of
Commercial and Conservation Development land uses. The area along the northern end of the map
amendment, proposed as Commercial, is already zoned R -Residential under the Johnson County
zoning ordinance. The County land use plan still shows this area as Agricultural. This area is bordered
by County A -Agricultural zoning to the south, Ryerson Woods to the northwest, and City property zoned
General Industrial (1-1) to the east. While there is an adjacent intense zone in City 1-1 to the east, the
South Central District Plan calls for this area to transform to public/private open space in the future,
thereby removing any contiguity the subject area might have with an industrial zone.
Table 3. Comparison of Existing and Proposed Land Use Category
Fringe Area Policy
The subject area is within Fringe Area C — Outside of the Growth Area. This Fringe Area designation
calls for rural/agricultural uses, or uses consistent with the Johnson County Unified Development
Ordinance. Road infrastructure must meet the City's rural design standards. Given the envisioned build
out for this development, the proposed land use map amendment presents a radical change from the
existing County land use designation and from what is prescribed in the City/County fringe area land
use policy.
City Comprehensive Planning
The City's South Central District Plan does not cover the subject area. However, the plan does call for
the land to the east of the proposed commercial area at the project's northern end to revert to open
space.
NDS's Advisory Position
NDS staff has concerns with the proposed Commercial map amendment application. While the subject
area is outside of the City's South Central District Plan area, adjacent properties that fall within the plan
call for less intense uses, with the southern portion of the Plan area prescribing open space and single-
Existing FLUM
Proposed FLUM
Proposed FLUM
Category
Category
Category
Agricultural
Commercial
Conservation
Development
Typical Land Uses
Agriculture (Crop
Retail; Service; Office
Protection of
Production & Animal
sensitive areas
Husbandry); Limited
Residential
Residential
Limited, case by case
NA
Permitted, but
Development
(no more than 2 acres
must use cluster
per dwelling); should
subdivision
be associated with food
design (50% open
production or
space
consistent with historic
requirement)
use
Max Development
Development intensity
Development intensity
Up to 50% of
Potential
not specified in the
not specified in the
acreage not
Future Land Use Map
Future Land Use
containing
Category.
Category.
sensitive areas
could be
developed for
residential.
Fringe Area Policy
The subject area is within Fringe Area C — Outside of the Growth Area. This Fringe Area designation
calls for rural/agricultural uses, or uses consistent with the Johnson County Unified Development
Ordinance. Road infrastructure must meet the City's rural design standards. Given the envisioned build
out for this development, the proposed land use map amendment presents a radical change from the
existing County land use designation and from what is prescribed in the City/County fringe area land
use policy.
City Comprehensive Planning
The City's South Central District Plan does not cover the subject area. However, the plan does call for
the land to the east of the proposed commercial area at the project's northern end to revert to open
space.
NDS's Advisory Position
NDS staff has concerns with the proposed Commercial map amendment application. While the subject
area is outside of the City's South Central District Plan area, adjacent properties that fall within the plan
call for less intense uses, with the southern portion of the Plan area prescribing open space and single-
August 9, 2019
Page 7
family residential. Development of Commercial land uses, which could take on a wide variety of ultimate
uses, could be out of character with both the current and planned built environments of the subject
area. As was previously stated, the proposed development would be a radical departure from what is
prescribed in the City/County Fringe Area Agreement. Based on the utilities and infrastructure needed
to serve a commercial use, City staff recommends that future commercial development be located
within the City's corporate limits. The proposed Commercial area is outside of the City's growth area;
and therefore, annexation will not be contemplated. Additionally, the subject parcels contain several
existing sensitive areas that should be left undisturbed, including unwooded wetlands, wooded
wetlands, woodlands, highly erodible soils, and steep slopes. Lastly, City staff has general concerns
about the viability of such a large-scale development in this location. The Iowa City area has seen
construction of several commercial and mixed-use developments in recent years, many of which are
located along the 1-80 corridor. The remote location of this proposed development, in addition to an
already saturated commercial retail market in the area, could prove challenging.
Redevelopment of the S&G Materials Sand Quarry for Conservation Development might be
appropriate. It is possible that the area might one day benefit from a trail connection to Iowa City's
southern trail network. City staff would like to be a part of any ongoing discussions on the extent of any
redevelopment of the area for Conservation Development uses.
Conclusion
The decision on these amendments is the County's; however, staff greatly appreciates the opportunity
to comment on these proposed amendments. Staff looks forward to continuing coordination with
County planning staff on updates to the Fringe Area policy.
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PRELIMINARY PLAT
218 COMMERCIAL PARK
JOHNSON COUNTY, IOWA
us
PLAT PREPARED BY:
MMS CONSULTANTS INC.
1917 S. GILBERT STREET
IOWA CITY, IA 52240
7�
0 10 25 50 75 100
GRAPHIC SCALE IN FEET
1 "=100'
DESCRIPTION
OWNER/SUBDIVIDER:
CJ MOYNA & SONS
24412 HWY 13
ELKADOR, IA 52043
ATTORNEY:
MICHAEL J. SCHUSTER
P.O. BOX 609
GUTTENBERG, IA 52052
PLAT/PLAN APPROVED
by the
City of Iowa City
City Clerk Date:
UTILITY EASEMENTS, AS SHOWN HEREON, MAY OR MAY NOT,
INCLUDE SANITARY SEWER LINES, AND/OR STORM SEWER LINES,
AND/OR WATER LINES : SEE CONSTRUCTION PLANS FOR DETAILS.
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; A PORTION OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, ALL OF
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN;
THENCE S89°25'16"W, ALONG THE NORTH LINE OF SAID SECTION 33, A DISTANCE OF 431.87 FEET, TO ITS INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE OF THE CRANDIC RAILROAD, THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2019126, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 63 AT PAGE 225 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE,
AND THE POINT OF BEGINNING; THENCE S12°56'56"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 1140.39 FEET; THENCE S77°03'04"W,
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 30.00 FEET; THENCE S12°56'56"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 204.69 FEET, TO
ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33, AND THE
SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019126; THENCE S89°19'07"W, ALONG SAID SOUTH LINE, AND THE SOUTH OF SAID
AUDITOR'S PARCEL 2019126, A DISTANCE OF 414.71 FEET; THENCE N25°46'44"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL
2019126, A DISTANCE OF 133.75 FEET; THENCE N62°24'47"W, ALONG SAID SOUTH LINE, 554.04 FEET; THENCE N18°37'55"W, ALONG SAID
SOUTH LINE, 251.46 FEET; THENCE N75°53'04"W, ALONG SAID SOUTH LINE, AND THE SOUTH LINE OF AUDITOR'S PARCEL 2019127, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 63 AT PAGE 226 OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, 691.90 FEET, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2019127; THENCE N10°11'45"E, ALONG THE
WEST LINE OF SAID AUDITOR'S PARCEL 2019127, A DISTANCE OF 533.29 FEET, TO A POINT ON THE NORTH LINE OF SAID SECTION 33;
THENCE S89°25'16"W, 349.21 FEET, TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2015030, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 24 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE
N49°26'30"W, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL 2015030, A DISTANCE OF 34.62 FEET; THENCE N10°09'21"E, ALONG SAID
WEST LINE, 335.51 FEET; THENCE N3W46'25"E, ALONG SAID WEST LINE, AND THE WESTERLY LINE OF AUDITOR'S PARCEL 2015029, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 23 OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, 382.29 FEET; THENCE N5W20'40"E, ALONG SAID WESTERLY LINE, 182.93 FEET, TO THE NORTHERLY MOST CORNER OF
SAID AUDITOR'S PARCEL 2015029, AND THE NORTHWEST CORNER OF THE PARCEL OF LAND DEPICTED ON THE RIGHT-OF-WAY PLAT, AS
RECORDED IN BOOK 819 AT PAGE 283 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N58°18'07"E, ALONG THE
NORTH LINE OF SAID DEPICTED PARCEL, 467.10 FEET; THENCE N38°04'54"E, ALONG SAID NORTHERLY LINE, 452.99 FEET, TO THE NORTHERN
MOST CORNER OF SAID DEPICTED PARCEL; THENCE S47°00'34"E, ALONG THE EASTERLY LINE OF SAID DEPICTED PARCEL, 330.54 FEET;
THENCE S23°43'14"E, ALONG SAID EASTERLY LINE, 181.15 FEET; THENCE S12°49'35"E, ALONG SAID EASTERLY LINE, 84.96 FEET, TO THE
NORTHEAST CORNER OF THE PARCEL OF LAND DEPICTED ON THE RIGHT-OF-WAY PLAT, AS RECORDED IN BOOK 819 AT PAGE 289 OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S11 °49'42"E, ALONG THE EAST LINE OF SAID DEPICTED PARCEL, 417.34
FEET, TO THE SOUTHEAST CORNER THEREOF, AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF OAK CREST HILL ROAD; THENCE
S12°33'01"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 505.99 FEET, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SECTION 33,
AND THE NORTH LINE OF SAID AUDITOR'S PARCEL 2019126; THENCE N89°25'16"E, ALONG SAID NORTH LINES, 116.86 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINS 65.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PLAT APPROVED BY:
JOHNSON COUNTY BOARD OF SUPERVISORS:
CHAIRPERSON DATE
NOTES:
1. ALL LOTS AND OUTLOTS EXCEPT OUTLOT "A" ARE
ZONED C - COMMERCIAL
2. OUTLOT "A" IS ZONED CH - HIGHWAY COMMERCIAL
3. ALL LOTS SHALL HAVE INDIVIDUAL SEPTIC SYSTEMS
4. ALL LOTS SHALL BE CONNECTED TO A PUBLIC
WELL AND WATER SYSTEM TO BE MAINTAINED BY A
PRIVATE OWNERSHIP ASSOCIATION.
STANDARD LEGEND AND NOTES
- PROPERTY &/or BOUNDARY LINES
- CONGRESSIONAL SECTION LINES
------------- - RIGHT-OF-WAY LINES
- - - - - - - - - - EXISTING RIGHT-OF-WAY LINES
- - CENTER LINES
EXISTING CENTER LINES
- LOT LINES, INTERNAL
- LOT LINES, PLATTED OR BY DEED
- - - - - - - - - PROPOSED EASEMENT LINES
- EXISTING EASEMENT LINES
_0w -BENCHMARK
(R) - RECORDED DIMENSIONS
22-1 - CURVE SEGMENT NUMBER
-EXIST- -PROP-
$ $ - POWER POLE
� � - POWER POLE W/DROP
� � - POWER POLE W/TRANS
- POWER POLE W/LIGHT
= =( - GUY POLE
* * - LIGHT POLE
O - SANITARY MANHOLE
r -FIRE HYDRANT
gyp° 8 - WATER VALVE
OO ® - DRAINAGE MANHOLE
❑ - CURB INLET
X ( X
FENCE LINE
EXISTING SANITARY SEWER
PROPOSED SANITARY SEWER
- EXISTING STORM SEWER
�< -PROPOSED STORM SEWER
W - WATER LINES
- ELECTRICAL LINES
T - TELEPHONE LINES
G -GAS LINES
- - - - - ' - - - CONTOUR LINES (2' INTERVAL)
PROPOSED GROUND
- EXISTING TREE LINE
0 �2> - EXISTING DECIDUOUS TREE & SHRUB
_* - EXISTING EVERGREEN TREES & SHRUBS
THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES
SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH
ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE
APPROVAL OF THIS DOCUMENT.
TYPICAL STREET SECTION
N.T.S.
R.O. W. 30.00' � 30.00' R.O.W.
16.00' 14.00' 14.00' 16.00'
6" INTEGRAL PROFILE GRADE
417%■► CURB
♦2.00% 2.00%♦ ♦4.17%
7" PCC
PAVEMENT
SUBGRADE PREPARATION
PER SUDAS SECTION 2010
IZAAK WALTON ROAD SE
TYPICAL STREET SECTION
N.T.S.
R.O.W. 30.00' � 30.00' R.O.W.
17.00' 13.00' 13.00' 17.00'
6" INTEGRAL PROFILE GRADE
4.17%y CURB
♦ 4.17%
♦ 2.00% 2.00%♦
7" PCC
PAVEMENT
SUBGRADE PREPARATION
PER SUDAS SECTION 2010
GREENVIEW ROAD SE, OAKSIDE ROAD SE
218 COMMERCIAL PARK
JUYIIVJUIV l UUIV Y, IUVVA
LOCATION MAP
NOT TO SCALE
65.15 ACRES
CIVIL ENGINEERS
LANG PLANNERS
LANG SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
Date Revislon
01-08-20 PER CITY REVIEW -JDM
PRELIMINARY
PLAT
218 COMMERCIAL
PARK
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC
Date:
12-12-19
Designed by: f=ield Book No:
RLA
Drawn by: Scale:
JDM 1 "=100'
Checked by: Sheet No:
RLA
Project No:
IOWA CITY
6839-012 of: 1
I hereby certify that this engineering document was prepared by
me or under my direct supervision and that I am a duly licensed
Professional Engineer under the laws of the State of Iowa.
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218 COMMERCIAL PARK
JUYIIVJUIV l UUIV Y, IUVVA
LOCATION MAP
NOT TO SCALE
65.15 ACRES
CIVIL ENGINEERS
LANG PLANNERS
LANG SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
Date Revislon
01-08-20 PER CITY REVIEW -JDM
PRELIMINARY
PLAT
218 COMMERCIAL
PARK
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC
Date:
12-12-19
Designed by: f=ield Book No:
RLA
Drawn by: Scale:
JDM 1 "=100'
Checked by: Sheet No:
RLA
Project No:
IOWA CITY
6839-012 of: 1
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COPPOCK SILT LOAM
0-2 %
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WATKINS SILT LOAM
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KOSZTA SILT LOAM
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SATTRE LOAM
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BERTRAND SILT LOAM
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218 COMMERCIAL PARK
JUYIIVJUIV l UUIV Y, IUVVA
LOCATION MAP
NOT TO SCALE
65.15 ACRES
CIVIL ENGINEERS
LANG PLANNERS
LANG SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319)351-8282
www.mmsconsultants.net
Date Revislon
01-08-20 PER CITY REVIEW -JDM
PRELIMINARY
PLAT
218 COMMERCIAL
PARK
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC
Date:
12-12-19
Designed by: f=ield Book No:
RLA
Drawn by: Scale:
JDM 1 "=100'
Checked by: Sheet No:
RLA
Project No:
IOWA CITY
6839-012 of: 1
Planning and Zoning Commission
January 16, 2020
Page 2 of 29
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. CZ19-05 AND SUB19-16:
Applicant: CJ Moyna & Sons
Location: Fringe Area; West of Oak Crest Hill Rd SE, east of Highway 218 SE and south of F50
SE
a. An application submitted by CJ Moyna & Sons for a rezoning of approximately 32.19
acres of County Residential (R) to County Highway Commercial (CH) and approximately
32.87 acres from County Agriculture (A) to County Commercial (C) in unincorporated
Johnson County.
b. An application submitted by CJ Moyna & Sons for a preliminary plat of the 218
Commercial Park subdivision, an 11 -lot commercial subdivision with five outlots in
unincorporated Johnson County.
Hensch noted since he is an employee of Johnson County he is recusing himself from this item
and Vice Chair Parsons will oversee this agenda item.
Heitner presented the staff report noting they received a revised rezoning and preliminary plat
application from the applicants earlier this week. Heitner gave a brief overview of the changes
from those revisions. With regards to the rezoning item, the main item he wanted to point out is
parcel number three in the originally proposed rezoning was going to go from County Residential
(R) to County Highway Commercial (CH) but the applicant has rescinded that request, so under
the revised proposal it will remain County Residential (R).
The major changes to the preliminary plat are in the original proposal there were 11 lots for
immediate development. The revised proposal only includes five. The original proposed
preliminary plat had one outlot for future development. The revised proposal is four. In terms of
new streets that would be built with the subdivision there were originally three new streets
proposed, the revised proposal just has one long street, an extension of Isaac Walden Road SE.
Heitner showed an aerial view of the originally proposed subject area and then a view of the
revised subject area and pointed out the large area north of Isaac Walton Road, or where Isaac
Walton Road is to be extended is not included in the revised area. Next he showed a view of the
revised subject area with the context of the current County zoning. The revised area is
predominantly in County Agricultural zoning, with County Residential zoning to the north and that
will remain in place. In the context of the City fringe area this is Area C which is fringe area
outside the growth area. To the north, just a little bit north of Riverside Drive, there is a part of
Area C that's inside of the City's growth area.
Heitner next showed the revised rezoning exhibit and the revised plat. He noted the five lots for
immediate development, numbered one through five are on the south side of the Isaac Walton
Road extension.
Planning and Zoning Commission
January 16, 2020
Page 3 of 29
Regarding the general background information on this case, the applicant applied for a
Comprehensive Plan Amendment to the County in June 2019 to amend the County's future land
use area for the subject area from agricultural to commercial. At the time, City staff provided
comment on this potential plan amendment and expressed several concerns. Those concerns
were detailed in an attachment that was in the Commission packet. Despite the City's concerns
about the future land use map amendments the County Board of Supervisors still voted to
amend the land use map from agricultural to commercial. With regards to background
information on the rezoning, there are actually two parcels this applies to, parcel 1 is 32.87 acres
going from County Agricultural to County Commercial, the second parcel is a small triangular
parcel 0.09 acres from County Residential to County Commercial. With respect to the City's
Comprehensive Plan on this rezoning, the fringe area dictates for Fringe Area C "that in the
portions of Area C that are not within Iowa City's growth area and which are zoned for non-farm,
development may occur in conformance with the Johnson County Unified Development
Ordinance and City Rural Design Standards until otherwise changed by amending this
agreement this area shall be restricted to those uses consistent with a rural agricultural area, as
indicated in the Johnson County Land Use Plan and has designated for a rural agricultural area
in Chapter 816 Class A District of the Johnson County Unified Development Ordinance as
amended."
Heitner next gave an overview of City staff's concerns with the rezoning. A County Commercial
zoning designation in this area would open up the area for a large amount of by -right retail and
service-oriented uses and this would generally conflict with the current nature of the Fringe Area
Agreement which has intent to preserve the area as rural and agricultural. Lastly, the Fringe
Area Agreement typically guides commercial development into the City so that areas with
existing access to utilities and infrastructure are not passed over for gap or leapfrog
development.
Moving on to the preliminary plat Heitner reiterated the revised plat would have five lots for
commercial development with four outlets for future development, two outlots for open space and
one outlot that will be for future street infrastructure. As far as subdivision design, with the
revised plat the only street that would be platted would be the extension of Isaac Walton Road to
the west. Stormwater detention would be provided in Outlot B, in the southeast corner of the
development. In terms of traffic implications, the proposed street infrastructure in the subdivision
meets the City's Rural Design Standards. Transportation planning staff did note that overhead
lights might be appropriate along Oak Crest Hill Road should the subdivision continue to
develop. With respect to environmental sensitive areas the subdivision must meet County
regulations pertaining to sensitive areas development. Outlots C and E at the far southern end
of the subdivision are intended to be preservation outlets per the County's direction to preserve
an existing stream corridor. With respect to water and sewer, a water system with a distribution
line running off the north side of the proposed Isaac Walden Road extension will provide water to
the five proposed lots for development. Individual septic systems are required to meet the
Johnson County Board of Health rules and regulations and will be necessary on each
developable lot.
In summary, the applicant has submitted a revised rezoning request and preliminary plat,
reducing the rezoning acreage from 65.15 acres to 32.96 acres. All of which would be rezone to
County Commercial. The plat would reduce the number of lots from 11 to 5 for immediate
development, with future development potentially taking place on 4 outlets.
Planning and Zoning Commission
January 16, 2020
Page 4 of 29
The role of the Commission tonight would be to provide a recommendation to the City Council on
the rezoning based on the Fringe Area Agreement. Ultimately with respect to the rezoning and
the plat, the Johnson County Board of Supervisors will make the ultimate decision.
As far as next steps, after the Commission provides a recommendation Council, Council will
review and provide a recommendation to the Johnson County Planning Commission.
Heitner stated there is a two-part staff recommendation as it pertains to the rezoning. Due to
conflict with the existing Fringe Area Agreement staff is recommending denial of CZ19-05 an
application submitted by CJ Moyna & Sons for a rezoning of approximately 32.87 acres from
County Agricultural (A) to County Commercial (C) and 0.09 acres from County Residential (R) to
County Commercial (C) in unincorporated Johnson County. Staff did hold a meeting with
Johnson County staff back in September 2019. City staff's position on the land use in this area
has not changed since that meeting and therefore does not believe that a future conflict
resolution meeting with the County is necessary. With respect to the preliminary plat because
the preliminary plat meets the City's Rural Design Standards staff is recommending approval of
SUB19-16, an application submitted by CJ Moyna & Sons for a preliminary plat of the 218
Commercial Park subdivision, a 5 -lot commercial subdivision in unincorporated Johnson County.
Baker asked for clarification on staff's recommendation that the Commission deny the rezoning
request but approve the plat which is based upon a zoning which they are opposing. Heitner
confirmed that was correct as in denying the rezoning request and approving the plat, the plat is
just based on following the City's Rural Design Standards from the Fringe Area. Baker asked if
the zoning that's in place now would not allow that development to occur. Heitner confirmed it is
currently agricultural and would not allow the development.
Russett noted staff is not recommending approval of the plat unless the County Board of
Supervisors approves the rezoning, assuming they approve the rezoning staff would recommend
approval of the plat.
Signs asked if what was originally Outlot A on the northern half of this property is remaining
County Residential is that what the new proposal states. Heitner confirmed that is correct. Signs
noted he is confused by the drop from 11 lots to 5 lots and having all these outlots and wondered
what if any advantage that change had in any decision making processes City staff or County
staff might have. Heitner stated there wasn't a great deal of decision making that City staff made
based on that change, their recommendation was going to be the same, regardless. It was their
understanding that the Applicant in some discussions with County planning staff were
encouraged to make that reduction in scale.
Parsons opened the public hearing.
Adam Kos (CJ Moyna & Sons) is representing the applicant along with Jon Manner from MMS
Consultants who worked on the design for them. Kos gave a little background information on
their company and maybe why they acquired the piece of property, they've had the property for a
few years now, maybe four or five years. Initially they purchased the property with some ideas
and the longer they had it and spoke with the City and started thinking about what can happen
Planning and Zoning Commission
January 16, 2020
Page 5 of 29
down in that location, the number one objective was to find a home for themselves. CJ Moyna &
Sons is a grading contractor located in Elkader, Iowa, and they do a lot of big, heavy highway
civil type work such as all the grading at the 1-80/380 interchange. They have also done large
grading jobs at the Park Place development in Tiffin, also in North Liberty and in Iowa City. They
do a lot of work all across the state of Iowa. One of the things for them moving forward is that
the work demographic is changing a little bit, a lot of the workforce that they have right now with
a tremendous amount of experience and talent are getting a little bit older and with their vision
and thought process moving forward to get into some urban areas like Iowa city it's a great place
to put little satellite office, a place to stage and work on some equipment and then get into the
community and look for some good employees. Currently they have about 250 -275 employees
depending on the season, and with the type of work that they do there's an opportunity to make
some pretty good wages. Kos noted he lives in Kalona, just south of Iowa City, his family's from
here so that also played a role in wanting to be in Iowa City as well. On the east side of Oak
Crest Hill Road there's also 80 acres that they are looking at, doing some preliminary studies and
reviewing finances involved in creating a wetland on that side of the road as well. Kos stated
part of the resubmittal that came in yesterday came from some conversations with both City staff
and County staff, they heard some concerns, heard some excitement, and therefore ultimately
trying to find the right path moving forward to make this work. They acknowledge that it's a fun
and unique interchange and offers a lot for the City of Iowa City in the future. That being said
they would like to get moving forward, especially with a building for themselves and maybe a few
others. A blue-collar office park is what they are envisioning there for the 5 to 11 lots.
Parsons stated that it seems for a commercial aspect it makes more sense to develop Outlot A
before going south of Isaac Walton Road because at Outlot A they are closer to the action such
as the interchange and South Riverside Drive. Parsons is curious on their thought process on
why they decided to eliminate Outlot A from initial development. Kos replied not know what the
short-term or long-term vision is for that interchange. That particular interchange probably holds
a lot of value as a recreational potential in the future, there's a lot of public land there currently.
Therefore, for them and what they want to do they see the least desirable land or the area that is
probably least attractive is a little bit farther south. They would like to be tucked in by the tree
line, low visibility, pretty setting, nice place to work, etc. They acknowledge that that northern
piece is probably better suited for something else then what they are needing. Parsons asked if
they are envisioning office space as opposed to retail or mix of both. Kos confirmed they were
envisioning office space and not retail.
Martin asked in the conversations with the County, because of what the agreement says, is this
the route that the County said was needed to go first. Why wouldn't the County have had a
conversation about rewriting that verbiage first. Russett replied they are currently working
together on an update to the Fringe Area Agreement. Kos added the conversations have been
very encouraging and the county is very excited to have a company like theirs come to the area.
Bringing their business and footprint to Johnson County is exciting and the job potentials that
they can bring to the table is exciting as well.
Jon Marner (MMS Consultants) added that part of the reason the northern parcel was pulled out
from the zoning and is listed as a future development is the recognition by CJ Moyna there are
Planning and Zoning Commission
January 16, 2020
Page 6 of 29
conversations that need to be had between the County and City staff regarding the Fringe Area
Agreement. By shifting the focus of the development to those four to five lots along the Isaac
Walton Road extension allows CJ Moyna to come in, go ahead and get that development
process started while those other issues can get worked out. It allows that area to start to
develop and a little bit of progress to begin to move forward and hopefully that stimulates some
conversation about what truly wants to be there.
Dyer asked if they knew who the other occupants in the development will be. Kos replied they
feel like it would be folks will be similar to them, what they are seeing right now in Tiffin is a small
industrial park that's coming online that has some electricians there and other businesses similar.
Kos noted that particular area and the proximity to the interstate is appealing. For them they
have big equipment and trucks so for them to come rolling down through Highway 6 or through
town and hit all the stoplights is probably not a good idea. The proximity to the interstate is a
better location for them. They would continue to have their main facility up in Elkader but would
like to have a location here where they could bring equipment in a heated shop to service.
Parsons closed the public hearing.
Parsons noted with staff making two separate recommendations he feels it makes sense to have
two separate votes.
Signs moved to recommend approval of CZ19-05 an application submitted by CJ Moyna &
Sons for a rezoning of approximately 32.19 acres of County Residential (R) to County
Highway Commercial (CH) and approximately 32.87 acres from County Agricultural (A) to
County Highway Commercial (CH) and 0.09 acres from County Residential (R) to County
Commercial (CH) in unincorporated Johnson County.
Martin seconded the motion.
Parson stated with its position close to Highway 218 and South Riverside Drive he does see a
path that there could be some commercial development in this area down the road, especially
with its proximity to the fairgrounds, Colonial Lanes and other industrial activity. However, he
thinks staff makes a compelling argument that based on what the Fringe Area Agreement says
right now this wouldn't comply and so he would have to submit his vote for denial.
Baker stated there's a cliche here about putting the cart before the horse that we are going to let
the applicant proceed to do everything they could and then we'll work out the rules and
regulations later. Martin agrees that's the way she understands it as well. Baker stated he has
not heard a compelling case argument that the staff's concerns don't have more merit here in this
case right now so he will be voting against this rezoning as well.
Signs stated that based on the current Fringe Area Agreement staff's assessment is correct.
Ultimately, however we vote it still is going to County and ultimately is their decision. His biggest
concern is that we have a lot of vacant commercial industrial lots around the community and he
personally doesn't see a need for more. Additionally because of this would be kind of bending
the rules a little bit he doesn't find terribly compelling
A vote was taken and the motion failed 0-6.
Planning and Zoning Commission
January 16, 2020
Page 7 of 29
Parsons next moved to item B.
Signs moved approval of SUB19-16, an application submitted by CJ Moyna & Sons for a
preliminary plat of the 218 Commercial Park subdivision, an 11 -lot commercial
subdivision with four outlots in unincorporated Johnson County.
Dyer seconded the motion.
Signs acknowledged it was odd to deny the rezoning but approve the plan but understand staff's
approach on both of them. Also the County may approve the rezoning even with the
recommended denial.
Baker disagreed and said until the County approves the rezoning the plat is a moot point so why
approve the plat before the County approves the zoning.
Signs noted if the Commission doesn't approve either one then it's just totally dead. By denying
the rezoning they are basically putting the decision in the County's lap and by approving the plat
they are acknowledging if the County approves the rezoning then the plat does meet the Rural
Area Development standards.
Baker asked why it is necessary to approve the plat before the County does. Russett noted this
is because the applications were submitted together as a rezoning and a preliminary plat so they
are reviewed together. Baker asked if the Commission were to vote down the plat the applicant
could come back in with a resubmission once the rezoning is in place. Russett said she was not
sure. Some ordinances have clauses that do not allow for immediate resubmittals after an action
has been taken and she is not familiar with the County's ordinance.
Signs stated based on the logic of the staff's arguments about why the plat should be approved
he would agree and will vote for it.
A vote was taken and the motion passes 4-2 (Baker and Martin dissenting).
Hensch rejoined the meeting.
February 4, 2020
Johnson County Planning and Zoning Commission
913 S. Dubuque Street
Iowa City, IA 52240
r
ZA Iry
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(3 19) 356-5000
(319) 3S6-5009 FAX
RE: Rezoning and Preliminary Plat of 218 Commercial Park Subdivision www.icgo`org
Dear Members of the Commission:
The Iowa City City Council and the Planning and Zoning Commission have reviewed the request
submitted by Adam Kos to rezone 32.96 acres of property located in unincorporated Johnson
County south of Route 218 and Riverside Drive from County Agricultural (A) and County
Residential (R) to County Commercial (C).
The Fringe Area Agreement allows for City review of County rezoning cases for property within
two miles of Iowa City. The subject property is located in Fringe Area C - Outside of Iowa City's
Growth Area. For property located in this area, the Fringe Area Agreement states that land uses
shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the
Johnson County Land Use Plan, and as designated for a Rural/Agriculture area in Chapter 8:1.6
Class A District of the Johnson County Unified Development Ordinance, as amended.
According to Johnson County's Land Use Plan, agricultural uses include agriculture with "very
limited residential development." However, the Johnson County Board of Supervisors recently
approved a request for a Future Land Use Map amendment of the subject property from
Agricultural to Commercial. City staff provided an advisory position expressing concerns over this
map amendment. City staff is primarily concerned with the wide variety of commercial land uses
a rezoning to a County Commercial zoning designation presents, which violates the intent of the
current Fringe Area Agreement.
At its January 16th meeting, the Iowa City Planning & Zoning Commission recommend denial of
the rezoning application, but recommended approval of the preliminary plat. The City does not
believe that a future conflict resolution committee meeting with Johnson County on this rezoning
is necessary, since the City's concerns over the future land use of the subject property have not
changed since the meeting with the County on September 23, 2019. The preliminary plat was
recommended for approval, due to its conformance with the City's Rural Design Standards, that
are outlined in the Fringe Area Agreement. The City Council concurs with the Commission, and
recommends that this rezoning from County Agricultural (A) and County Residential (R) to County
Commercial (C) be denied, but that the preliminary plat for the 218 Commercial Park Subdivision
be approved.
Thank you for your consideration of our comments on this application.
Sincerely,
Bruce Teague
Mayor, City of Iowa City
February 4, 2020
Johnson County Planning and Zoning Commission
913 S. Dubuque Street
Iowa City, IA 52240
�
OL-
INS
i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319)356-5000
(319)356-5009 FAX
RE: Rezoning and Preliminary Plat of 218 Commercial Park Subdivision www•i`gov.org
Dear Members of the Commission:
The Iowa City City Council and the Planning and Zoning Commission have reviewed the request
submitted by Adam Kos to rezone 32.96 acres of property located in unincorporated Johnson
County south of Route 218 and Riverside Drive from County Agricultural (A) and County
Residential (R) to County Commercial (C).
The Fringe Area Agreement allows for City review of County rezoning cases for property within
two miles of Iowa City. The subject property is located in Fringe Area C - Outside of Iowa City's
Growth Area. For property located in this area, the Fringe Area Agreement states that land uses
shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the
Johnson County Land Use Plan, and as designated for a Rural/Agriculture area in Chapter 8:1.6
Class A District of the Johnson County Unified Development Ordinance, as amended.
According to Johnson County's Land Use Plan, agricultural uses include agriculture with "very
limited residential development." However, the Johnson County Board of Supervisors recently
approved a request for a Future Land Use Map amendment of the subject property from
Agricultural to Commercial. City staff provided an advisory position expressing concerns over this
map amendment. City staff is primarily concerned with the wide variety of commercial land uses
a rezoning to a County Commercial zoning designation presents, which violates the intent of the
current Fringe Area Agreement.
At its January 16th meeting, the Iowa City Planning & Zoning Commission recommend denial of
the rezoning application, but recommended approval of the preliminary plat. The City does not
believe that a future conflict resolution committee meeting with Johnson County on this rezoning
is necessary, since the City's concerns over the future land use of the subject property have not
changed since the meeting with the County on September 23, 2019. The preliminary plat was
recommended for approval, due to its conformance with the City's Rural Design Standards, that
are outlined in the Fringe Area Agreement. The City Council concurs with the Commission, and
recommends that this rezoning from County Agricultural (A) and County Residential (R) to County
Commercial (C) be denied, but that the preliminary plat for the 218 Commercial Park Subdivision
be approved.
Thank you for your consideration of our comments on this application.
Sincerely,
hruce Teague v
Mayor, City of Iowa City
STAFF PRESENTATION TO FOLLOW:
1 r I
C04;qui h
CITY OF lOVVA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 356-5000
(3I9) 356-5009 FAX
www.icgov.org
Item 11.a.: 218 Commercial Park -Rezoning
CZ19-05 County Rezoning
A letter to the Johnson County Planning and Zoning Commission
recommending denial of a rezoning from County (A) and County
Residential (R) to County Commercial (C) for approximately 32.96 acres
of property located in unincorporated Johnson County south of Route
218 and Riverside Drive.
Fringe Area Agreement:
Is a component of the City's Comprehensive
Plan.
Applies to area outside of the City's jurisdiction
that are not yet planned for in the City's
Comprehensive Plan.
Provides guidance regarding land development
within 2 miles of the Iowa City corporate limits.
Staff relies on the Fringe Area Agreement
policies in reviewing rezonings in the fringe
area
Background Information -Rezoning
County
County
1 32.87 Agricultural
Commercial
(A)
(C)
County
County
2 0.09 Residential (R)
Commercial
(C)
The current rezoning request applies to
only two parcels, covering 32.96 acres.
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Review Criteria
Rezoning criteria:
• Compliance with the comprehensive plan
• Compatibility with the existing neighborhood
Background Information -General
The applicant applied for a Johnson County Comprehensive Plan
amendment in June, 2019 to amend the subject area's future land use
from Agricultural to Commercial.
City staff provided advisory comments on this potential plan
amendment, expressing several concerns.
City and County staff and officials had a consult on the matter, however,
the County Board of Supervisors still voted to amend the Future Land
Use Map from Agricultural to Commercial.
Compliance with the Fringe
Area Agreement
Proposed rezoning is located in Fringe Area C — Outside the City's
Growth Area:
Agricultural uses are preferred
o Restricted to land uses consistent with Rural / Agricultural land use and
zoning designations of the County, such as row crops, animal husbandry, and
very limited residential development
Compliance with County's
Comprehensive Plan
The recently changed County Future Land Use Map identifies this area as
Commercial. The previous designation was Agricultural.
Agricultural land use category typically includes land devoted to agriculture
with limited residential development.
The commercial land use category includes retail, service and office uses of
an unspecified intensity.
Johnson County Future Land Use Plan Update
(September 2019)
Johnson County Rezoning from County A and
R to County C -City Council recommendation to
Johnson County Planning and Zoning
Commission
Preliminary Plat-P&Z recommendation
(January 2020) City Council approval (pending)
Final Plat -City Council approval
Planning &Zoning Commission
Recommendation -Rezoning
The Planning & Zoning Commission recommends denial of rezoning case
CZ19-05 and approval of subdivision case SUB19-16, for approximately
32.96 acres of property located in unincorporated Johnson County south
of Route 218 and Riverside Drive.
STAFF PRESENTATION CONCLUDED
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CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www. icgov. o rg