HomeMy WebLinkAbout2020-05-19 OrdinanceItem Number: 10.a.
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CITY OE IOWA CITY
www.iogov.org
May 19, 2020
Ordinance conditionally rezoning land near the intersection of Eastbrook
Street and American Legion Road from Interim Development Single -Family
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low
Density Multi -Family Residential (RM -12) for approximately 10.64 acres, and
to Low Density Single -Family Residential (RS -5) for approximately 22.51
acres. (REZ19-13) (Second Consideration)
ATTACHMENTS:
Description
Staff Report with Attachments
Ordinance & CZA
To: Planning & Zoning Commission
Item: REZ19-13
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Ray Heitner, Associate Planner
Date: April 2, 2020
Applicant: Allen Homes, Inc.
PO Box 3474
Iowa City, IA 52244
319-350-8238
allenhomesinc@gmail.com
Contact Person:
Property Owner:
Same as Applicant
Allen Development, LLC
PO BOX 3474
IOWA CITY IA 52244
Summit Ridge, LLC
PO BOX 3474
IOWA CITY IA 52244
Requested Action: Rezoning from Interim Development - Single -
Family Residential (ID -RS) to Low Density -
Multi -Family Residential (RM -12), Low Density -
Single -Family Residential (RS -5), and
Neighborhood Public (P-1).
Purpose: Development of single-family and multi -family
housing, and a fire station.
Location: East of Eastbrook Street and north of American
Legion Road
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Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
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35.29 acres
Farmland, Interim Development — Single -Family
Residential (ID -RS)
North: P-1 — Neighborhood Public (Parkland)
South: R — County Residential (Farmland and
Religious Space)
East: RS -5 - Low Density Single -Family
Residential (Residential)
West: P-1 — Neighborhood Public (Parkland)
RM -12 - Low Density Multi -Family
Residential (Residential)
Southeast District Plan
District Plan: Southeast District Plan — Low/Medium Single -
Family Residential and Duplex; Medium/High
Density Single -Family Residential and
Townhouse
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SE3
November 27, 2019 (Original Submission Date)
March 13, 2020 (Revised Submission)
The applicant has waived the 45 -day limitation
period.
BACKGROUND INFORMATION:
An application submitted by Allen Homes, Inc. for a rezoning of approximately 35.29 acres
located north of American Legion Rd and east of Eastbrook St from Interim Development -
3
Single -Family Residential (ID -RS) to 10.64 acres of Low Density Multi -Family Residential
(RM -12), 22.51 acres of Low Density Single -Family Residential (RS -5), and 2.14 acres of
Neighborhood Public (P-1). Earlier this year, the Council approved an annexation and
rezoning of the subject property to Interim Development Single -Family Residential (ID -RS)
with the following conditions:
1.The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
Due to concerns over COVID-19, staff asked the applicant not to hold an in-person good
neighbor meeting. Instead, the applicant mailed out pertinent materials to area neighbors.
ANALYSIS:
Current Zoning: Earlier this year, the City Council approved the annexation and rezoning of
the subject property from County Residential (R) to Interim Development Single -Family
Residential (ID -RS). The Secretary of State's Office is currently reviewing the application for
annexation.
The Interim Development zone is intended to provide areas of managed growth in which
agricultural and non -urban land uses can continue until the City is able to provide services
to support development. Under this zoning, the only use that is permitted by right is
agriculture. Therefore, a subsequent rezoning is necessary for the property owner to
develop the property beyond an agricultural use.
Proposed Zoning: The applicant is requesting a rezoning of the subject property to 10.64
acres of Low Density Multi -Family Residential zone (RM -12), 22.51 acres of Low Density
Single -Family Residential zone (RS -5), and 2.14 acres of Neighborhood Public zone (P-1).
The purpose of the Low Density Multi -Family Residential zone (RM -12) is to provide for the
development of high density, single-family housing and low density, multi -family housing.
This zone is intended to provide a diverse variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that
the various housing types in any one location are compatible with one another.
The applicant has submitted the attached concept plan, dated 02/26/2020. The concept
shows a total of 104 stacked -flat units and 6 townhouse units in the proposed RM -12 zone.
Six 8 -10 -unit stacked -flat buildings are shown south of the proposed Eastbrook Street
extension, with another four 12 -unit stacked -flat buildings shown to the north of Eastbrook
Street. Densities range between 8-16 units per acre on the proposed RM -12 lots, with
densities on the stacked -flat lots between 12-16 units per acre. The proposed density
conforms with what is allowed under the RM -12 zone.
The low density single-family residential zone (RS -5) is primarily intended to provide for
single-family housing opportunities. The regulations are intended to create, maintain, and
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promote livable neighborhoods. The regulations allow for some flexibility of dwelling types
to provide housing opportunities for a variety of household types. This zone also allows for
some nonresidential uses that contribute to the livability of residential neighborhoods, such
as parks, schools, religious institutions, and daycare facilities. Related nonresidential uses
and structures should be planned and designed to be compatible with the character, scale,
and pattern of the residential development. The attached concept plan shows 56 single-
family residential lots on the area to be rezoned to RS -5, with an average density of 4.41
units per acre. This range in density conforms with what is allowed under the RS -5 zone.
The Neighborhood Public (P-1) zone accommodates uses such as schools, parks, police
and fire stations, and other civic buildings owned or otherwise controlled by the county,
the city, or the Iowa City community school district. These uses are subject to certain
development standards in order to create a transition between public and private uses.
The attached concept plan shows the proposed P-1 zone lot as a site for a future City fire
station.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1.Consistency with the comprehensive plan;
2.Compatibility with the existing neighborhood character.
Consistency with the Comprehensive Plan: The Southeast District Plan shows the subject
property within the City's growth area, with two different land use designations over the
subject property (see Figure 1.0). The Low/Medium Density Single -Family and Duplex land
use designation covers the majority of the subject property and envisions development at a
density of 2-8 dwelling units per acre. The Medium/High Density Single -Family and
Townhouse designation covers the western portion of the property and envisions zero lot
line development, duplexes, townhouses, and narrow lot detached single-family at a
density of 8-13 dwelling units per acre.
Figure 1.0 — Subject Property within the Southeast District Plan Ma
Legend - —
Creeks and Streams
•---• Growth Area Limit -
17-1 SE District Boundary
Possible Elementary Sites Lt
Future Alley
- . - - Future Collector Street
Future Local Street r
Future Land Utes J
C LowNedium Density SF & Duplex
1 r
MediumrHigh Density 5F & Townhouse
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Within the western portion of the property, lots 57 and 59 in the attached concept plan
show a slightly higher density (just under 14 units/acre) than what is envisioned for this
area in the Southeast District Plan (8-13 units/acre). On these lots, the concept plan shows
stacked -flats, which is a housing type not contemplated in the Southeast District Plan.
Rather, the plan generally calls for detached and attached single-family and townhouse -
style housing. However, the Comprehensive Plan calls for increasing housing options
within the Southeast District and encouraging a mix of housing types within new
neighborhoods; which the proposed concept plan accomplishes. The Comprehensive Plan
also calls for the continued development of interconnected street networks. Specifically, the
Plan calls for new neighborhoods to be designed in a manner that contributes to the larger
interconnected street pattern of the city and that provides for safe, efficient and orderly
movement of vehicular, pedestrian, and bicycle traffic. The attached concept plan
accomplishes this objective by extending Eastbrook Street to the east, thereby providing a
connection between the future north -south road and the Eastbrook Flats neighborhood to
the west. Despite the slightly higher planned density in the RM -12 zone areas, the housing
diversity and street connectivity shown in the concept plan align with the policy direction
provided in the Southeast District Plan. Therefore, staff recommends a condition that
development on the subject property generally conform to the attached concept plan, dated
02/26/2020, which will include the extension of Eastbrook Street to the future north -south
street.
Compatibility with the Existing Neighborhood: The RS -5 zoning that is proposed along the
property's east side matches the zoning and scale of housing seen to the east in the
Windsor West neighborhood. The attached concept plan does show a transition in intensity
from the 3 -flat multi -family housing to the west, to some townhouse housing along the
southern portion of the proposed north -south street, to the detached single-family housing
proposed throughout the eastern portion of the property. While the proposed extension of
this style of multi -family housing to the east is more intense than what is detailed in the
Southeast District Plan, the relative proximity of this housing to the Eastbrook Flats
neighborhood, and to the intersection of Scott Boulevard and American Legion Road, help
to justify the proposed extension of density eastward.
Sanitary Sewer: The developer will be required to pay a water main extension fee of
$456.75 per acre before public improvements are constructed. The subject property is
located outside of the sewer tap -on fee district and will not be required to pay sanitary
sewer tap -on fees.
Stormwater: There is a stormwater detention easement over the northwestern portion of
the property. The attached concept plan shows this detention easement decreasing in
overall area but maintaining enough volume for the proposed development in the concept.
Public Works staff has reviewed these preliminary estimates on the proposed changes to
the detention easement area. The existing detention easement will need to be amended
before any building permits can be issued for the proposed development. Staff is also
recommending a condition that a permanent drainage easement from the American Legion
Road improvement project, be dedicated to the City at a location to be determined by
Public Works staff. In addition, staff is recommending a condition that no building permit
shall be issued for any of the subject property until the City Council approves a final plat
resubdividing the subject property to conform to the zoning boundaries established by the
rezoning ordinance.
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Environmentally Sensitive Areas: The subject property does not contain any
environmentally sensitive features. The northern and western portions of the property are
in the 100 and 500 -year flood plains.
Access and Street Design: Staff is recommending carrying over conditions from the
property's previous rezoning to ID -RS with respect to dedication of 17 feet of additional
right-of-way to the City when the property is platted for future development, and another
condition to allow for the conveyance of a temporary construction easement to the City
along the north side of American Legion Road. These conditions support the public need
for enhancing American Legion Road, thereby allowing it to be used as an arterial road.
Staff views the extension of Eastbrook Street as a positive aspect of the concept plan. The
plan also provides internal connections to the existing street network that has been
established in the Windsor West and Eastbrook Flats neighborhoods. Proposed
connections to the City's established trail network on the property's west side to Scott Park,
and in the far northeast corner of the property also align with Southeast District Plan goals
for enhancing walkability and connectivity. Staff is recommending a condition that trail
connections to the City's park and trail networks are provided as shown in the concept plan.
The trail connection on the property's far west side must be built to the northern property
line. The trail connection between Lots 23 and 24 must be made all the way to the existing
trail on City property.
Staff does have some concerns related to the potential for speeding, due to the proposed
block lengths shown in the attached concept plan. It appears that several proposed blocks
in the concept plan are greater than the City's maximum block length recommendation of
600' for local streets. Additionally, the distance between the proposed north -south street
and Buckingham Lane (to the east of the subject property) is less than the recommended
600' block length for arterial streets. Staff is recommending a condition that the applicant
work with staff to implement traffic calming measures that staff deems necessary during
the plat review stage of the property's development.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration of the application by the City Council. Pending approval by the
City Council, the applicant will be required to submit applications for preliminary and final
plats to subdivide the land into lots that follow the proposed zoning boundaries.
STAFF RECOMMENDATION:
Staff recommends approval of REZ19-13, a rezoning from Interim Development — Single -
Family Residential (ID -RS) to Low Density Multi -Family Residential (RM -12) for
approximately 10.64 acres, Low Density Single -Family Residential (RS -5) for approximately
22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following
conditions (Conditions 1-3 are carried over from REZ 19-09):
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
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2. The dedication of 17 feet of additional public right-of-way to along American Legion
Road, to be dedicated to the City within seven days of execution of the Conditional
Zoning Agreement for REZ19-09.
3. Conveyance of a temporary construction easement along the north side of American
Legion Road within seven days of execution of the Conditional Zoning Agreement
for REZ19-09.
4. No building permit shall be issued for any development on the subject property until
the City Council approves a final plat resubdividing the subject property to conform
to the zoning boundaries established by the rezoning ordinance.
5. Any development on the subject property shall generally conform to the attached
concept plan, dated 02/26/2020, which will include the extension of Eastbrook Street
to the future north -south street, and the development of single-family, townhouse,
and stacked -flat multi -family housing as shown in said concept plan.
6. Trail connections to the City's park and trail networks are provided as shown in the
attached concept plan. The trail connection on the property's far west side must be
built to the northern property line. The trail connection between Lots 23 and 24 must
be made all the way to the existing trail on City property. The developer shall be
responsible for installing these trails at such time as described in a subdivider's
agreement to be executed at the time any portion of this land is subdivided, and in
accordance with the specifications for such improvements as to be set forth therein.
7. That a permanent drainage easement from the American Legion Road improvement
project be dedicated to the City in a form of agreement acceptable to the City
Attorney at the time of platting at a location to be determined by Public Works staff.
8. At platting, traffic calming measures, such as traffic circles, narrower lane widths,
etc., must be incorporated to the satisfaction of City staff to address concerns related
to speeding.
ATTACHMENTS:
1. Aerial Map
2. Zoning Exhibit
3. Applicants Statement
4. Concept Plan from 02/26/2020
Approved by:
Danielle Sitzman, AICP
Department of Neighborhood and Development Services
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A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North,
Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence
S89°26'40"E, along the South Line of the Northwest Quarter of said Section
18, a distance of 461.91 feet, to the Southeast Corner of Eastbrook Flats
Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office, and the
Point of Beginning; Thence N00°33'49"E, along the East Line of said
Eastbrook Flats Addition, 299.19 feet; Thence Northeasterly, 138.82 feet,
along an arc of a 150.00 foot radius curve, concave Southeasterly, whose
133.92 foot chord bears N64°02'03"E; Thence S89°27'12"E, 145.99 feet;
Thence S00°32'48"W, 359.01 feet, to a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South
Line, 265.91 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains
2.14 Acres, and is subject to easements and restrictions of record.
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A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: �\v
Commencing at the West Quarter Corner of Section 18, Township 79 North, <\"�
Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence v
S89°26'40"E, along the South Line of the Northwest Quarter of said Section
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Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at O
Page 20 of the Records of the Johnson County Recorder's Office; Thence
N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19
feet, to the Point of Beginning; Thence continuing N00°33'49"E, along said
East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats
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Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
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Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South
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Commencing at the West Quarter Corner of Section 18, Township 79 North,
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Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
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Page 20 of the Records of the Johnson County Recorder's Office; Thence
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feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1
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of "Ralston Creek South Property Acquisition", in accordance with the Plat
thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson
County Recorder's Office; Thence S89°26'59"E, along said South Line,
373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the
East Line of said Parcel 1, a distance of 230.90 feet, to the Point of Beginning;
Thence continuing N01 °31'04"W, along said East Line, 525.20 feet; Thence
N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along
said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part
Three, in accordance with the Plat thereof Recorded in Plat Book 58, at Page
235 of the Records of the Johnson County Recorder's Office; Thence
S00°50'20"E, along said West Line, and the West Line of Windsor West - Part
One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page
266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to
the Southwest Corner of said Windsor West - Part One, and a Point on the
South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W,
along said South Line, 165.48 feet; Thence N00°48'17"W, 359.23 feet;
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Parcel #3 contains 22.51 Acres, and is subject to easements and restrictions
of record. PARCEL I
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GOOK' AT PA&E 174 OF THE RECORDS OF THE JOHNSON IN AGCORDANGE WITH THE PLAT THEREOF RECORDED IN PLAT p100K 51 AT COUNTY RECORDER'S OFFICE THE RECORDS OF THE JOHNSON aJNTY RECORDER'S OFFICE
COUNTY RECORDER', OFFICE I I PAGE 34G OF THE RECORD, OF THE JOHNSON COUNTY RECORDER'S OFFICE
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This property is surrounded on three sides by City corporate limits, and is within the growth area
of Iowa City. American Legion Road is currently being designed to be upgraded to City
standards, including a wide sidewalk/trail and utility infrastructure. The Iowa City School
District recently established Hoover Elementary School approximately 1/2 mile to the
east. These factors make the property ripe for development.
The zoning of surrounding properties include Low Density Multi -Family (RM -12) to the west,
Public property to the north (Scott Park), Low Density Single Family (RS -5) to the east, and
High Density Single Family (RS -12) to the south. We have strove to be consistent with the
surrounding zoning, by transitioning from multi -family to single family from west to
east. Another factor in the rezoning proposal is meeting the City requirement that 10% of units
be designated for affordable housing.
Thank you for your consideration.
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Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ19-13)
Ordinance No.
Ordinance conditionally rezoning land near the intersection of Eastbrook
Street and American Legion Road from Interim Development Single -Family
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low
Density Multi -Family Residential (RM -12) for approximately 10.64 acres,
and to Low Density Single -Family Residential (RS -5) for approximately
22.51 acres. (REZ19-13)
Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at
Eastbrook Street and American Legion Road from Interim Development Single -Family Residential
(ID -RS) to Neighborhood Public (P-1) for approximately 2.14 acres, to Low Density Multi -Family
Residential (RM -12) for approximately 10.64 acres, and to Low Density Single -Family Residential
(RS -5) for approximately 22.51 acres; and
Whereas, the Iowa City Fire Department's Community Risk Assessment and Standards of
Cover plan, indicate that a fifth fire station in the vicinity of the subject area is necessary to meet
City response time goals; and
Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the
subject area is appropriate for low/medium density and medium/high density single-family
residential development; and
Whereas, this rezoning creates public needs for affordable housing, street connectivity,
housing diversity and scale, the enhancement of American Legion Road, traffic calming, and
connection to the City's trail network; and
Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation
Agreement; and
Whereas, by operation of this Pre -Annexation Agreement, Owner shall execute an
affordable housing agreement detailing compliance with those obligations prior to issuance of
any building permit for the subject property; and
Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by this
rezoning; and
Whereas, the Comprehensive Plan calls for increasing housing options within the Southeast
District and encouraging a mix of housing types within new neighborhoods; and
Whereas, to ensure that the following policy goals from the comprehensive plan related to
neighborhood connectivity and housing scale are accomplished, the subject property shall
generally conform to the attached concept plan;
a. Ensure a mix of housing types within each neighborhood, to provide options for
households of all types (singles, families, retirees, etc.) and people of all incomes.
Ordinance No.
Page 2
b. Encourage development on smaller lots that conserve land and allow for more
affordable single-family housing options.
C. Concentrate new development in areas contiguous to existing neighborhoods
where it is most cost effective to extend infrastructure and services.
d. Recognize the important relationship between transportation and land use by
requiring new neighborhoods to be designed in a manner that contributes to the
larger interconnected street pattern of the city and that provides for safe, efficient
and orderly movement of vehicular, pedestrian, and bicycle traffic; and
Whereas, there is a public need to improve American Legion Road for use as a modern
arterial road, which must include off-site stormwater drainage onto the subject property; and
Whereas, due to the long roadway, there is a public need to provide safe, efficient, and
orderly movement of vehicular traffic with traffic calming measurements such as traffic circles
and/or narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly
movement of vehicular traffic; and
Whereas, there is a public need for interconnected trails to provide safe, efficient and
orderly movement of pedestrian and bicycle traffic; and
Whereas, the trail connection on the property's far west side must be built to the
northern property line. The trail connection between Lots 23 and 24 must be made all the way
to the existing trail on City property; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of public needs through the provision of affordable housing,
conformance with the attached concept plan to allow for development of interconnected streets
and trails and diverse housing types, provision of a drainage easement to allow for
improvements to American Legion Road, the provision of traffic calming measures, the
requested zoning is consistent with the Comprehensive Plan; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, the property described below is hereby reclassified from its current zoning
designation of Interim Development Single -Family Residential (ID -RS) zone to:
P-1
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Comer of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence
N00°33'49"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence
Ordinance No.
Page 3
Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears N64002'03"E; Thence S89027'12"E, 145.99 feet; Thence
S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section
18; Thence N89°26'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said
parcel contains 2.14 Acres, and is subject to easements and restrictions of record.
RM -12:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Comer of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along the East
Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence continuing
N00°33'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said Eastbrook Flats
Addition, and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition",
in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a
distance of 230.90 feet; Thence S72019'56"E, 481.11 feet; Thence S00048'17"E, 239.99 feet;
Thence S89°27'12"E, 165.05 feet; Thence S00048'17"E, 359.23 feet, to a Point on the South Line
of the Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 738.21
feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W, 145.99 feet; Thence
Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears S64°02'03"W, to the Point of Beginning. Said parcel contains
10.64 Acres, and is subject to easements and restrictions of record.
RS -5:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Comer of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line of
the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner of
Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at Page
20 of the Records of the Johnson County Recorder's Office; Thence N00'33'49"E, along the East
Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Comer thereof, and a Point on
the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in accordance with the
Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County
Recorder's Office; Thence S89026'59"E, along said South Line, 373.32 feet, to the Southeast
Corner thereof; Thence N01 *31'04"W, along the East Line of said Parcel 1, a distance of 230.90
feet, to the Point of Beginning; Thence continuing 1\101°31'04"W, along said East Line, 525.20
feet; Thence N20°10'51"E, along said East Line, 209.78 feet; Thence N50°29'32"E, along said
East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89045'05"E, 177.85 feet, to a
Point on the West Line of Windsor West - Part Three, in accordance with the Plat thereof
Recorded in Plat Book 58, at Page 235 of the Records of the Johnson County Recorder's Office;
Thence S00°50'20"E, along said West Line, and the West Line of Windsor West - Part One, in
Ordinance No.
Page 4
accordance with the Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the
Johnson County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor West -
Part One, and a Point on the South Line of the Northwest Quarter of said Section 18; Thence
N89°26'40"W, along said South Line, 165.48 feet; Thence N00048'17"W, 359.23 feet; Thence
N89-27'11 2"W, 165.05 feet; Thence N00°48'17"W, 239.99 feet; Thence N7201 9'56"W, 481.11 feet,
to the Point of Beginning. Said parcel contains 22.51 Acres, and is subject to easements and
restrictions of record.
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 120.
Attest:
City Clerk
Mayor
A v d by:4.0
City Attorney's Office
(Sara Greenwood Hektoen — 04/30/2020)
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
that the
First Consideration 05/05/2020
Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner,
Bergus. NAYS: None. ABSENT: None.
Second Consideration 05/19/2020
Vote for passage•
AYES: Mims, Salih, Taylor, Thomas, Weiner,Bergus.
NAYS: None. ABSENT: Teague.
Date published
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-13)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Summit Ridge, LLC and Allen Development, LLC (hereinafter collectively
referred to as "Owners'), and Allen Homes, Inc. (hereinafter "Applicant").
Whereas, Owners are the collective legal title holders of approximately 35.29 acres of
property located at the northeast corner of Eastbrook Street and American Legion Road; and
Whereas, prior to annexation, Owners executed an Affordable Housing Pre -Annexation
Agreement; and
Whereas, said Pre -Annexation Agreement, recorded in Book 6021, Page 535, in the
records of the Johnson County Recorder, requires Owner to:
i. rent or sell 10% of the total units constructed on the above-described real estate to
income -eligible families for a period of 20 years from the date certificates of occupancy are
issued for each such affordable unit, to be administered in accordance with Iowa City Code of
Ordinance 14-213-8, or a similar state or federal housing program; or
ii, convey 10% of the total units to the City or an affordable housing provider for such
affordable housing purposes; or
iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an
amount established by Resolution 18-213, approved on July 17, 2018, or, if said resolution has
been rescinded at the time Owners apply for a building permit, as otherwise established by
Council resolution; and
Whereas, by operation of this Pre -Annexation Owner shall execute an affordable
housing agreement detailing compliance with those obligations prior to issuance of any building
permit for the subject property; and
Whereas, the Pre -Annexation Agreement remains in full force and effect, unchanged by
this rezoning; and
Whereas, to ensure that the following policy goals from the comprehensive plan related
to neighborhood connectivity and housing scale are accomplished, the subject property shall
generally conform to the attached concept plan;
a. Ensure a mix of housing types within each neighborhood, to provide options for
households of all types (singles, families, retirees, etc.) and people of all incomes.
b. Encourage development on smaller lots that conserve land and allow for more
affordable single-family housing options.
c. Concentrate new development in areas contiguous to existing neighborhoods where
it is most cost effective to extend infrastructure and services.
d. Recognize the important relationship between transportation and land use by
requiring new neighborhoods to be designed in a manner that contributes to the
larger interconnected street pattern of the city and that provides for safe, efficient and
orderly movement of vehicular, pedestrian, and bicycle traffic; and
Whereas, there is a public need to improve American Legion Road for use as a modern
arterial road; and
Whereas, said improvements require off-site stormwater drainage onto the subject
property; and
Whereas, a drainage easement must be provided, at a location to be determined by the
City Engineer; and
Whereas, there is a public need to provide safe, efficient, and orderly movement of
vehicular traffic; and
Whereas, staff may impose traffic calming measurements such as traffic circles and/or
narrower traffic lanes to reduce vehicular speeds and achieve safe, efficient, and orderly
movement of vehicular traffic; and
Whereas, there is a public need for interconnected trails to provide safe, efficient and
orderly movement of pedestrian and bicycle traffic; and
Whereas, the trail connection on the property's far west side must be built to the
northern property line. The trail connection between Lots 23 and 24 must be made all the way to
the existing trail on City property; and
Whereas, Owners and Applicant have requested the rezoning of said property from
Interim Development Single -Family Residential (ID -RS) zone to Neighborhood Public (P-1) for
approximately 2.14 acres; to Low Density Multi -Family Residential (RM -12) for approximately
10.64 acres, and to Low Density Single -Family Residential (RS -5) for approximately 22.51
acres; and
Whereas, this rezoning creates public needs for affordable housing, street connectivity,
housing diversity and scale, the enhancement of American Legion Road, traffic calming, and
connection to the City's trail network; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, conformance with the attached concept plan to allow for development of
interconnected streets and trails and diverse housing types, provision of a drainage easement to
allow for improvements to American Legion Road, the provision of traffic calming measures; and
Whereas, Iowa Code §414.5 (2020) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owners and Applicant agree to develop this property in accordance with
the terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
Summit Ridge, LLC and Allen Development, LLC are the collective legal title holders of
the property legally described as:
DESCRIPTION - REZONING PARCEL #1 (ID -RS TO P-1)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office, and the Point of Beginning;
Thence N00°3349"E, along the East Line of said Eastbrook Flats Addition, 299.19 feet; Thence
Northeasterly, 138.82 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly,
whose 133.92 foot chord bears N64°02'03"E; Thence S89027'12"E, 145.99 feet; Thence
S00°32'48"W, 359.01 feet, to a Point on the South Line of the Northwest Quarter of said Section
18; Thence N89026'40"W, along said South Line, 265.91 feet, to the Point of Beginning. Said
Rezoning Parcel #1 contains
2.14 Acres, and is subject to easements and restrictions of record.
DESCRIPTION - REZONING PARCEL #2 (ID -RS TO RM -12)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 299.19 feet, to the Point of Beginning; Thence
continuing N00033'49"E, along said East Line, 210.61 feet, to the Northeast Corner of said
Eastbrook Flats Addition, and a Paint on the South Line of Parcel 1 of "Ralston Creek South
Property Acquisition", in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84
of the Records of the Johnson County Recorder's Office; Thence S89°26'59"E, along said
South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W, along the East
Line of said Parcel 1, a distance of 230.90 feet; Thence S72019'56"E, 481.11 feet; Thence
S00048'17"E, 239.99 feet; Thence S89°27'12"E, 165.05 feet; Thence S00048'17"E, 359.23 feet,
to a Point on the South Line of the Northwest Quarter of said Section 18; Thence N89°26'40"W,
along said South Line, 738.21 feet; Thence N00°32'48"E, 359.01 feet; Thence N89°27'12"W,
145.99 feet; Thence Southwesterly, 138.82 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 133.92 foot chord bears S64°02'03"W, to the Point of
Beginning. Said Rezoning Parcel #2 contains 10.64 Acres, and is subject to easements
and restrictions of record.
DESCRIPTION - REZONING PARCEL #3 (ID -RS TO RS -5)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89026'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Corner
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and
a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in
accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a
distance of 230.90 feet, to the Point of Beginning; Thence continuing N01031'04"W, along said
East Line, 525.20 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence
N50029'320E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
accordance with the Plat thereof Recorded In Plat Book 58, at Page 235 of the Records of the
Johnson County Recorder's Office; Thence S00050'20"E, along said West Line, and the West
Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50
at Page 266 of the Records of the Johnson County Recorders Office, 1910.78 feet, to the
Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89°26'40"W, along said South Line, 165.48 feet;
Thence N00°48'17"W, 359.23 feet; Thence N89°27'12"W, 165.05 feet; Thence N00°4817"W,
239.99 feet; Thence N72019'56"W, 481.11 feet, to the Point of Beginning. Said Rezoning Parcel
#3 contains 22.51 Acres, and is subject to easements and restrictions of record.
2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2020) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. No building permit shall be issued for any portion of the subject property unless and
until the property has been subdivided pursuant to Iowa City Code Chapter 15; and
b. Any final plat shall generally conform to the attached concept plan, dated
02/26/2020, particularly with regard to the extension of Eastbrook Street to the north -
south street, and the development of single-family, townhouse, and stacked -flat
multi -family housing; and
c. Final plat of the eastern portion of land shall include a drainage easement of a size
and in a location to be determined in coordination with the City Engineer, which shall
be dedicated to the City, in a form of agreement acceptable to the City Attorney; and
d. Any final plat shall include traffic calming measures such as traffic circles and
narrower lane widths, and must be incorporated to the satisfaction of City staff to
address concerns related to speeding; and
e. Owner shall install the trail connections described above and shown in the attached
concept plan at such time as the public improvements are installed for any
subdivision of the subject property and in accordance with any subdivider's
agreement executed at the time a final plat is approved.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of
City of Iowa City
20_
Summit Ridqe LLC
Bruce Teague, Mayor B
Attest: Allen Develol
Kellie Fruehling, City Clerk By:
fZd by: / Allen Homes,
City Attorney's Office S 5 2-02O By: I
City of Iowa City Acknowledgement:
5
LLC
State of Iowa )
) ss:
Johnson County )
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
d. Any final plat shall include traffic calming measures such as traffic circles and
narrower lane widths, and must be incorporated to the satisfaction of City staff to
address concerns related to speeding; and
e. Owner shall install the trail connections described above and shown in the attached
concept plan at such time as the public improvements are installed for any
subdivision of the subject property and in accordance with any subdivider's
agreement executed at the time a final plat is approved.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this j day of 20_
City of Iowa City r Summit Ridge LLC
J(---
Bruce Te pue, Mayor By;
Attest:
Approved by:
City
City of logia City Acknowledgement:
Allen Development LLC
By:
Allen Homes, Inc.
By:
Summit Ridge LLC Acknowledgement:
State of iv/q
County of _%b/fa,/
This record was acknowledged before me on M l 2020 b
rP�Jt /�I� ail (Name(s) of individual(s) as cw dim �M
(type of authority, such as officer or trustee) of Summit Ridge LLC. —�
-7 vlt a
Notary Public in and for4he Site of Iowa
(Stamp or Seal)
Title (and Rank) =Marc"hi
W YApp
on
Number 815696
My 81 20 xpires
My commission expires:22
Allen Development LLC Acknowledgement:
State of _�4'
County of Jy&l Pols/
This record was acknowledged before me on ax if 2020 by
_�r/ro /-�//6 • (Name(s) of individual(is) as Cirri-/ tlf r,.!r-
(type of authority, such as officer or trustee) of Allen Development, LLC. 'V
-/ 4 x �-
Notary Public in and for thtf, St of Iowa
(Stamp or Seal) zzoz '9 u»eW
wgex3 ueisfnuua� RW
Title (and Rank) 869518 "M""N'rel"p"W°�� o
ddYA M NMOf > tl'r
My commission expires:
Allen Homes, Inc. Acknowledgement:
State of 14
County of SbWvw'✓
This record was acknowledged before me on / 2020 by
(Name(s) of individual( as ,±t6
(type of authority, such as officer or trustee) of Allen Homes, Inc.
Notary Public in and or they State of Iowa
(Stamp or Seal)o ,r _T_AFP
ComM W Number s15C9°
Title (and Rank) = Mr FoWmbelai ¢xpue:
_ Marcb B, 2022
My commission expires:
l 'y � i,��€�Y
�9
., � � � I ��as����i U1�3
���
Item Number: 12.
AL CITY OF IOWA CITY
=�c�-
COUNCIL ACTION REPORT
May 19, 2020
Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees,"
Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And
Penalties," Section 3-4-5, Entitled "Solid Waste Disposal. (Pass & Adopt)
Prepared By: Jacklyn Fleagle, Budget and Compliance Officer
Reviewed By: Dennis Bockenstedt, Finance Director
Fiscal Impact: Solid Waste Disposal rate adjustments for FY2021 amounting to an increase
of approximately $170,000 per year in revenues for the Refuse fund and
$330,000 per year in revenues for the Landfill fund.
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The Finance Department requests the City Council hold a public hearing for April 21, 2020 to
consider amending Title 3, Chapter 4 of the City Code.
Title 3, Chapter 4 amendments include an increase in residential solid waste collection fees for
curbside recycling fees by $.90 per dwelling unit per month, an increase in residential solid waste
collection fees for all TVs or monitors to $21.50, an increase in landfill use fees for all TVs or
monitors to $15.00 per item, an increase in landfill contaminated soil rates to $50 per ton, an
increase in landfill use fees for solid waste disposal fees by $2.50 per ton, and an increase of
landfill use fees for minimum fee in lieu of tonnage fees by $.50 in fiscal year 2021.
Background /Analysis:
Title 3, Chapter 4 of the City Code is the `Schedule of Fees, Rates, Charges, Bonds, Fines and
Penalties'
Solid Waste Disposal Rate Adjustments
In the fiscal year 2019, the Refuse Collection fund had an ending unassigned fund balance of
$1,563,487. The revised projected fund balance for fiscal year 2020 is estimated to be
$1,405,923, a 10.1% decrease. The City's curbside recycling program has seen an increase in
the number of customers and a 30% increase in materials recycled by weight with the addition of
larger recycling carts and the transition to single -stream recycling. Without the $.90 per unit per
month rate increase from $5.10 per dwelling unit per month to $6.00 per dwelling unit per month,
the fund balance would continue to decline.
The majority of the other rate adjustments largely impact the Landfill fund. In fiscal year 2020, the
Landfill fund had an ending unassigned fund balance of $2,509,229. The revised projected fund
balance for fiscal year 2020 is estimated to be $1,679,658, a 33.1 % decrease. The City needs to
increase electronics recycling rates for TVs and monitors to cover the per -item cost from the
City's electronics recycling vendor. The electronics rate for residential solid waste collection fees
is going from $18.50 per item for TVs or monitors less than 18 inches and $23.50 per item for
TVs or monitors 18 inches or greater to $21.50 per item for all TVs or monitors. The electronics
rate for landfill use fees is going from $12.00 per item for TVs or monitors less than 18 inches
and $17.00 per item for TVs or monitors 18 inches or greater to $15.00 per item for all TVs or
monitors. The contaminated soil rate needs to be increased from $15.00 per ton to $50.00 per ton
to cover the costs of administrative work associated with receiving the material and the potential
liability. Finally, the solid waste disposal fees for City residents is going from $42.50 to $45.00 per
ton and for non -City residents from $47.50 to $50.00 per ton. The minimum fee in lieu of tonnage
fees is going from $6.50 to $7.00 for City residents and from $7.00 to $7.50 for non -City
residents. These landfill use fee increases are necessary to ensure the long-term ability to fund
operations and financial assurance reserves.
The Refuse Collection fund and the Landfill fund are enterprise or business -type funds that are
expected to be self -funding. The primary solution is to review user rates to ensure that the funds
are generating sufficient revenue to cover both their operating and capital expenses. By
implementing the solid waste and landfill rate increases mentioned previously in fiscal year 2021,
the anticipated declines in the funds' cash balances are greatly reduced. This solution also
provides for a much healthier and sustainable fund over time versus financing the necessary
capital improvements through revenue bonds or other debt.
The proposed fee increases are expected to generate enough revenue to support the increase in
operating costs and ensures that the Refuse Collection and Landfill funds remain self -funding
enterprises. The expected increase in revenues for the Refuse Collection fund is approximately
$170,000 a year, and the expected increase in revenues for the Landfill fund is approximately
$330,000 a year.
ATTACHMENTS:
Description
Ordinance
Prepared by: Jacklyn Fleagle, Budget R Compliance Officer, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5063
Ordinance No. 20-4823
Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees,"
Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And
Penalties," Section 3-4-5, Entitled "Solid Waste Disposal"
Whereas, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City is authorized to establish and
provide for the collection of rates to pay for the City's utility systems, including the City's solid waste disposal
services at the municipal landfill; and
Whereas, the City's financial policies dictate that the Refuse and Landfill funds shall be self-supporting; and
Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the
necessary operations; and
Whereas, the Iowa City Council intends to provide a solid waste disposal rate and fee structure that makes
the City's refuse and landfill utilizes self-sustaining; and
Whereas, it is in the public interest to increase certain fees and charges associated with said solid waste
disposal services at the municipal landfill; and
Whereas, the Iowa City City Council proposes to increase residential solid waste collection fees for curbside
recycling by $.90 per dwelling unit, per month, to change residential solid waste collection fees for all TVs or
monitors to $21.50, to change landfill use fees for all TVs or monitors to $15.00 per item, to increase
contaminated soil to $50 per ton, to increase landfill use fees for solid waste disposal by $2.50 per ton, and
to increase landfill use fees for minimum fee in lieu of tonnage fees by $.50 on July 1, 2020, to adequately
finance the municipal landfill and refuse operational costs;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of
Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the
Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows:
3-4-5: Solid Waste Disposal:
Description Of Fee, Charge, Bond, Fine Or Penalty
Charge
Yard waste collection fees:
F
Per dwelling unit, per month $2.00
r -
Low income discount
75 percent of monthly charge
r—
Untreated wood waste
Free
Collection of large items fees:
r—
Appliance collection, per item collected
$20.00
Ordinance No. ?0-4973
Page 2
Description Of Fee, Charge, Bond, Fine Or Penalty
Charge
r
Bulky solid waste
$12.50 per stop and 1 item; $6.00 per
additional items
Tire collection
$3.75 per tire; $7.50 tire and rim
Residential solid waste collection fees:
Curbside household refuse:
Per dwelling unit, per month
$12.00
Low income discount
175 percent of monthly charge
Per sticker for each additional bag beyond each unit's
$ 2.50 each
monthly allotment
Additional refuse carts -over -1, per month
112.00 each
Per 2 rooming units, per month (in addition to the
115.90
dwelling unit fees)
I Electronic waste
TVs or monitors $21.50 per item
r'
- --- -- --— ------ - - - ----- --------r
Curbside recycling:
- - -- ---- - ----
I
Per dwelling unit, per month
$0.00
Low income discount
75 percent of monthly charge
Iowa City community compost
$20.00 per ton, $2.00 minimum
Wood chip mulch
$10.00 per ton, $2.00 minimum
Deposit and delinquency fee combined for City water and/or
sanitary sewer and/or solid waste collection accounts:
r-
-
Residential owner account, per combined residential service
$ 0.00
for City water and/or sanitary sewer and/or solid waste
collection service
Residential tenant account, per combined residential service
120.00
for City water and/or sanitary sewer and/or solid waste
collection service
5 percent delinquency charge on current billed portion of the5
percent current billed portion. Can be
outstanding amount on combined water and/or sanitary
waived once every 12 months
sewer and/or solid waste account that is not paid within 22
days of billing date
Delinquency deposit for combined water and/or sanitary sewer
and/or solid waste collection service
An amount equal to an average 2 -month
billing for the delinquent account. Can be
waived if the account holder enrolls in
SurePay
Special wastes disposal fees:
r- -
Disposal of special wastes (except for asbestos containing [section mes the landfill use fees in this
material and contaminated soils)
r Minimum fee 2 times the landfill use fee for 1 ton
Ordinance No. 20-4823
Page 3
Description Of Fee, Charge, Bond, Fine Or Penalty
Charge
r—f
Asbestos containing material (ACM):
r
Nonfriable ACM, from Iowa City premises subject to a
Property Tax and City owned property
I
$100.00/tan
Nonfriable ACM, from other locations
105.00/ton
100.00/cubic yard
Friable ACM, from Iowa City premises subject to a
Property Tax and City owned property
TiFriable
ACM, from other locations
105.00/cubic yard
Minimum fee for any regulated ACM
100.00
Contaminated soil:
f 50.00/ton
r
I Minimum fee for contaminated soil
150.00
F--- -
Disposal of large items fees (see also Collection of large items
fees above):
-- — - --- --
Appliance disposal fees:
fI Commercial per item disposed
11.00/cubic foot
r
- -
Residential per item disposed
$12.50 (at landfill scale house)
Tire disposal fee:
—r
Per pound-- -- - -- - - -- -
F -- 5 - - — -
0.
rTi
Subject to minimum fee
13.00
r -f—
---- -
Untreated wood waste and yard waste:
- - --- -- - -
24.00/ton
71
Minimum
2.00
Landfill use fees:
Arriving at the landfill with an unsecured or uncovered load:
Warning
First instance in trailing 12 months
r
(
I Second or subsequent instances in trailing 12 months
F50.00
$3.00 per item; TVs or monitors $15.00
per item
Electronic waste
Solid waste from Iowa City premises subject to a Property
Tax and City owned property:
Total landfill fee per ton (includes State fee per ton)
r—
All other solid waste:
—r —
Total landfill fee per ton (includes State fee per ton)
r --
Minimum fee in lieu of tonnage fees (300 pounds or less):
$45.00
50.00
Tr -
Solid waste from Iowa City premises subject to a 7.00
�_ _- Property Tax and City owned property
Ordinance No. 70-4973
Page 4
Description Of Fee, Charge, Bond, Fine Or Penalty Charge
--- --------- -- --- — - ---- - ------- ---- --- -
( All other solid waste 7.50
- - -- - -- --- --- - --- -- -- -- - - - - - --- - -- --- - - -
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect on July 1, 2020.
Passed and approved this 19 th day of r
City Attorney's Office - 4/14/2020
2020
Ordinance No. 20-4891
Page 5
It was moved by Thomas and seconded by Taylor that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 04/21/2020
Vote for passage: AYES: Thomas, Weiner, Bergus, Mims, Salih,
Taylor, Teague. NAYS: None. ABSENT: None.
Second Consideration 05/05/2020
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner,
Bergus, Mims. NAYS: None. ABSENT: None.
Date published 05/28/2020