HomeMy WebLinkAbout2010-05-10 Ordinance5c
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10-
00004)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND
FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48
ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO
OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH
PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR
PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1
WITH INTERSTATE 80. (REZ10-00004)
WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of
Iowa City, Iowa, an application for a planned development rezoning for an office research park
and mixed-use commercial development for a total of approximately 141.29 acres of land located
northwest of the interchange of State Highway 1 and Interstate 80; and
WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for
office and research development park uses due to its proximity to Interstate 80 and other
successful office research park firms;
WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed-use
area of office, retail, related services and higher density residential uses developed in a manner
that would complement and support the large office research park would be consistent with the
Comprehensive Plan; and
WHEREAS, the applicant has submitted a conceptual master plan for the planned
development indicating private street rights-of-way; building locations, conceptual building
designs, parking lot and parking structure locations, mid-block pedestrian connections; green
infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location
of trails, stormwater ponds, landscaping features, and other amenities; and
WHEREAS, the Planning and Zoning Commission has recommended that the conceptual
master plan for the development that was submitted by the applicant should be recorded as a part
of the planned development plan and final site plans should be reviewed by the Commission for
compliance with said master plan; and
WHEREAS, certain variations from the underlying zoning and street requirements are
necessary to allow clustering of buildings away from the sensitive areas, to facilitate green
building techniques, and to create a more cohesive, urban streetscape; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial
uses, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area;
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the Sensitive Areas Development Plan, Preliminary Planned
Development Plan, and conceptual master plan and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned
Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due
deliberation and consideration of the application materials and the staff recommendations, has
recommended approval; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request over and above existing
regulations in order to satisfy public needs caused by the requested change; and
Ordinance No.
Page 2
WHEREAS, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL:
1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and
incorporated herein, is hereby reclassified from Interim Development Research Park (ID-RP) to
Overlay Planned Development - Office Research Park (OPD-ORP), with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14-
2 D-4:
A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60
feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall
be the construction limit line as shown on the sensitive areas development plan; and the
minimum setback from the Interstate-80 right-of-way shall be 50 feet; and
2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP)
to Overlay Planned Development -Research Development Park (OPD-RDP) with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances
14-2D-4 and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 75
feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be
20 feet; and on applicable lots, the rear setback shall be the construction limit line as
shown on the sensitive areas development plan; and
B. On-street diagonal parking shall be allowed along the frontage of lots 2-4 and lots 10
and 11 as illustrated on the preliminary planned development plan and shall count toward
satisfying the minimum parking requirement for development on said lots.
3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to
Overlay Planned Development-Mixed Use (OPD-MU) with the following modifications to the lot
dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City
Code of Ordinances 14-2C and 14-4B and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 60
feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20
feet; the minimum side setback shall be zero feet, and the rear setback shall be the
construction limit line as shown on the sensitive areas development plan; and
B. For Personal Service-Oriented Retail Uses and Eating Establishments, there shall be
no floor area size limitation. For Sales-Oriented Retail uses, the maximum floor area shall
be 10,000 square feet; and
C. The building articulation standard as set forth in subsection 14-2C-8M of the zoning
code shall apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G;
and
D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single
Family Dwellings are prohibited; and
Ordinance No.
Page 3
E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed
within this zone; and
F. On-street diagonal parking as illustrated on the preliminary planned development plan
shall be allowed and shall count toward satisfying the minimum parking requirement for
development on said lots.
SECTION II. 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 and the City, following passage and approval of this Ordinance.
SECTION III. 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 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,
the associated conditional zoning agreement, planned development plan, sensitive areas
development plan, and conceptual master plan for Moss Green Urban Village 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 provi-
sions 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 unconsti-
tutional.
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 , 2010.
MAYOR
ATTEST:
CITY CLERK
Approved by ,/
City Attorney's Office S ~S ~/U
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 5 / l0 / 2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Green Development Corporation (hereinafter"Owner").
WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property
located northwest of the interchange of State Highway 1 with Interstate 80; and
WHEREAS, the Owner has requested the rezoning of said property from Interim
Development-Research Park (ID-RP) to planned development overlay (OPD) zone with
approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and
approximately 56.48 acres rezoned to OPD-Research Development. Park (OPD-RDP) and
approximately 24.49 acres rezoned to OPD-Mixed Use (OPD-MU); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding clustering of buildings and parking areas away from streams, woodlands,
and other sensitive features, promotion of energy efficiency and conservation and creation of a
cohesive, urban streetscape according to the submitted master plan, that the requested zoning
and the various requested modifications to the zoning are consistent with the Comprehensive
Plan goals of environmental stewardship, expansion of job opportunities within the community,
and the intent of a sensitive areas development, conservation development, and mixed use
development, all three of which are accepted types of planned developments; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for
commercial uses that will complement and provide goods and services to support the office and
research development uses that are listed as the intended uses according to the Comprehensive
Plan, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area; and
WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for stewardship of sensitive environment features of the land; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Moss Green Development Corporation is the legal title holder of the property legally
described on Exhibit A, attached and incorporated herein; and
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan and that the
conditions imposed upon the property are reasonable and designed to satisfy public
needs caused by the requested zoning change. Further, the parties acknowledge that
Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, except as modified by ordinance through the planned development rezoning
process, as well as the following conditions:
a. The Applicant must receive approval of the final planned development site plans on
each lot from the Planning and Zoning Commission. Site plans will be reviewed for
general compliance with the master plan as submitted by the applicant to the City on
April 1, 2010, which shall be attached to and recorded with the preliminary planned
development plan and this conditional zoning agreement; and
b. Moss Place will be constructed and platted as a private street with a public and
emergency access easement extending over the entire length and width of the
roadway and sidewalk, which easement shall be granted by Owner to the City in
writing; and
c. Moss Place must be built to the City's minimum construction standards for public
streets and shall be inspected and approved by the City prior to being opened to the
public; and
d. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached
Single Family Dwellings are prohibited in the OPD-MU zone; and
e. On land within the planned development zoned OPD-MU, residential uses are not
allowed within the first 30 feet of building depth as measured from the front building
wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and. other
building features that provide access and safety for the residents are not included in
this restriction. In addition, up to 25% of the length of the ground level frontage of a
building that faces Moss Place may include live-work units that include both
commercial and residential functions. Live-work units that do not include any
residential functions on the ground level floor do not count toward this limit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of
CITY OF IOWA CITY
Matt Hayek, Mayor
2010.
Attest:
v
Marian K. Karr, City Clerk By:
Ap r'oved b~
City Attorney's Office ~ /~,~rJ
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of A.D. 20 ,before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
is mstru nt was acknowled
--,
VOLDENIARS PELDS
C~onm~eton Number 706502
M~tCommission Expires
owr. ~0 _~~~ _ Zd ~
me ion this ~ day of~, 2010 by
of .Moss Green
~C~e~ieloprnent Corporation.
Notar`4~ub`I(c'i~rf ~nd-"for said" County and State
3
EXHIBIT A
PARCEL 1
COMMENCING at the West'/4 Corner of Section 36, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 1980.00 feet to the
POINT OF BEGINNING; THENCE South 82°24'15" West, a distance of 1,731.77 feet;
THENCE North 88°11'05" West, a distance of 925.94 feet; THENCE North 00°54'55"
West, a distance of 826.21 feet; THENCE North 62°47'54" East, a distance of 422.83 feet,
to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of
Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22°09'35",
an arc length of 232.06 feet, and a chord which bears North 16°07'19" West having a
chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of
Moss Place, North 05°02'31" West, a distance of 450.41 feet; THENCE North 84°57'29"
East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet;
THENCE South 65°24'52" East, a distance of 341.75 feet; THENCE South 12°12'33" East,
a distance of 200.43 feet; THENCE South 66°23'38" East, a distance of 486.33 feet;
THENCE South 72°38'46" East, a distance of 211.24 feet; THENCE South 52°41'52" East,
a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE
along the centerline of Moss Place, along a curve to the right having a radius of 600.00
° ,~
feet, a delta of 14 46 19 , an arc length of 154.69 feet, and a chord which bears South
44°41'18" West having a chord distance of 154.26 feet; THENCE South 37°55'33" East, a
distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or
less.
PARCEL 2
COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet to the
POINT OF BEGINNING; THENCE South 00°46'46" East, a distance of 1453.60 feet;
THENCE North 37°55'33" West, a distance of 958.63 feet, to the centerline of Moss
Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve
to the left having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69
feet, and a chord which bears North 44°41'18" East having a chord distance of 154.26
feet to a point on a line; THENCE North 52°41'52" West, a distance of 115.01 feet;
THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 66°23'38"
West, a distance of 486.33 feet; THENCE North 12°12'33" West, a distance of 200.43
feet; THENCE North 65°24'52" West, a distance of 341.75 feef; THENCE North 59°45'54"
West, a distance of 302.28 feet; THENCE South 84°57'29" West a distance of 279.49
feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South
05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the
centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta
of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°07'19" East
having a chord distance of 230.61 feet to a point on a line; THENCE South 62°47'54"
West, a distance of 422.83 feet; THENCE North 00°54'55" West, a distance of 838.39
feet; THENCE North 00°54'55" West, a distance of 359.05 feet; THENCE North 89°41'57"
West, a distance of 124.46 feet; THENCE North 00°47'26" West, a distance of 842.36
feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale
Boulevard, South 57°50'23" East, a distance of 579.85 feet; THENCE along the
centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00
feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South
73°35'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE
along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87
feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of
150.90 feet, and a chord which bears North 86°21'12" East having a chord distance of
° „
150.75 feet to a point on a line; THENCE South 00 40 34 West, a distance of 119.01
feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South
46°57'56" West, a distance of 219.04 feet; THENCE South 00°40'56" West, a distance of
122.03 feet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South
51°53'02" West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of
149.77 feet; THENCE South 76°54'00" East, a distance of 396.41 feet; THENCE South
62°33'35" East, a distance of 179.97 feet; THENCE North 70°47'47" East, a distance of
97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the
centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta
of 10°35'07", an arc length of 110.85 feet, and a chord which bears South 13°54'40" East
having a chord distance of 110.69 feet to a point on a line; THENCE North 81°22'53"
East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres,
more or less.
PARCEL 3
THENCE South 00°37'11" East, a distance of 468.89 feet to a point on the centerline of
Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00°37'11"
East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94
feet; THENCE South 81°22'53" West, a distance of 342.85 feet, to the centerline of
Moss Place, a point on a curve; THENCE along a curve to the left having a radius of
600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears
North 13°54'40" West having a chord distance of 110.69 feet to a point on a line;
THENCE South 70°47'47" West, a distance of 97.77 feet; THENCE North 62°33'35"
West, a distance of 179.97 feet; THENCE North 76°54'00" West, a distance of 396.41
feet; THENCE North 54°00'28" West, a distance of 149.77 feet; THENCE North
51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'57" West, a distance of
218.30 feet; THENCE North 00°40'56" East, a distance of 122.03 feet; THENCE North
46°57'56" East, a distance of 219.04 feet; THENCE North 63°43'48" East, a distance of
216.02 feet; THENCE North 00°40'34" East, a distance of 119.01 feet, to the centerline
of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 34°24'41 ", an arc length of
600.59 feet, and a chord which bears North 64°49'29" East having a chord distance of
591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard,
North 47°37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the
centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00
feet, a delta of 20°04'49", an arc length of 350.47 feet, and a chord which bears North
57°39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING,
containing 24.49 acres, more or less.
G
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 5224(~i~ 35656251 (10-
00004) ~: _,,, ~
e-a -~ rv
ORDINANCE NO. ~--I'-~ °~
~~;
~~,
AN ORDINANCE CONDITION LLY REZONING APPROXIMATELY 60.3~RE~ OF 1D
FROM INTERIM DEVELOPM NT-RESEARCH PARK (ID-RP) TO OV~L'Al~'PLAf~14ED
DEVELOPMENT-OFFICE RES RCH PARK (OPD-ORP); AND APPROXIMA~LY 56.48
ACRES OF LAND FROM IN ERIM DEVELOPMENT-RESEARCH 'PARK (ID-RP) TO
OVERLAY PLANNED DEVELOPM NT-RESEARCH DEVELOPMENT ARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES F LAND FROM INTERIM DEV LOP NT-RESEARCH
PARK (ID-RP) TO OVERLAY PL NNED DEVELOPMENT-MI D U (OPD-MU) FOR
PROPERTY LOCATED NORTHWE T OF THE INTERCHAN O STATE HIGHWAY 1
WITH INTERSTATE 80. (REZ10-0000 )
WHEREAS, the applicant, Moss Gr en Development Corp ate ,filed with the City Clerk of
Iowa City, Iowa, an application for a pla ned development r o ~ng for an office research park
and mixed-use commercial development r a total of appro m ely 141.29 acres of land located
northwest of the interchange of State High ay 1 and Inters, t 80; and
WHEREAS, the City's Comprehensive Ian indicate at this area is particularly suited for
office and research development park us s due to ,~~t proximity to Interstate 80 and other
successful office research park firms;
WHEREAS, the Planning and Zoning Co missi has concluded that a smaller, mixed-use
area of office, retail, related services and hig r d sity residential uses developed in a manner
that would complement and support the large ff a research park would be consistent with the
Comprehensive Plan; and
WHEREAS, the applicant has submitt a conceptual master plan for the planned
development indicating private street rig s-o way; building locations, conceptual building
designs, parking lot and parking structur locate ns, mid-block pedestrian connections; green
infrastructure systems, preservation of w odlands nd the Rapid Creek stream corridor, location
of trails, stormwater ponds, landscapin eatures, a other amenities; and
WHEREAS, the Planning and Z ing Commis ion has recommended that the conceptual
master plan for the development tha was submitted the applicant should be recorded as a part
of the planned development plan nd final site, plans hould be reviewed by the Commission for
compliance with said master pla ,and
WHEREAS, certain varia ' ns from the underlyin zoning and street requirements are
necessary to allow clusteri of buildings away from he sensitive areas, to facilitate green
building techniques, and to reate a more cohesive, urban streetscape; and
WHEREAS, to ensure hat storefronts along Moss Pla are reserved primarily for commercial
uses, the Planning and oning Commission recommend certain restrictions on the types and
location of residential es within the Mixed Use area;
WHEREAS, the epartment of Planning and Communit Development and the Public Works
Department have examined the Sensitive Areas Devel ment Plan, Preliminary Planned
Development Pla ,and conceptual master plan and recomme ded approval; and
WHEREAS the Planning and Zoning Commission ex mined the Preliminary Planned
Development Ian, Sensitive Areas Development Plan, and con eptual master plan and after due
deliberation nd consideration of the application materials and a staff recommendations, has
recommended approval; and
WHEREAS, Iowa Code §414.5 (2009) provides that the Cit of Iowa City may impose
reasonable conditions on granting an applicant's rezoning reque t over and above existing
regulations in order to satisfy public needs caused by the requested change; and
Ordinance No.
Page 2
WHEREAS, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
N
SECTION I. APPROVAL:
ca
1. The approximately 60.32 acre property described as Lots 5, 6, 8 and 9 ofdoss cg~en l~rlb~n
Village is hereby reclassified from Interim Development Research Park ~-RP)'~b Oy
Planned Development -Office Research Park (OPD-ORP), with the followii~ r~iodatiolhs to
the lot dimensional requirements set forth in Iowa City Code of Ordinances 1pn4:.~„
f ` -y
A. The minimum front setbac shall be 20 feet, the m ximum front sek mall be~`~0
feet, the minimum side setba k shall be 20 feet; on a licable lots, the'. Fear setback shall
be the construction limit line s shown on the sensiti a areas development plan; and the
minimum setback from the Int rstate-80 right-of-way hall be 50 feet; and
2. The approximately 56.48 acre prope y described as L s 2, 3, 4, 7, 10, 11 and Outlots D and
E of Moss green Urban Village is he eby reclassified rom Interim Development-Research
Park (ID-RP) to Overlay Planned Dev lopment - Re arch Development Park (OPD-RDP) with
the following modifications to the lot d ensional r quirements set forth in Iowa City Code of
Ordinances 14-2D-4 and the City's str t stands s:
A. The minimum building height sha be feet; the maximum building height shall be 75
feet; the minimum front setback shall 10 feet; and the maximum front setback shall be
20 feet; and on applicable lots, the r ar setback shall be the construction limit line as
shown on the sensitive areas developfn nt plan; and
B. On-street diagonal parking sha~#~be alto ed along the frontage of lots 2-4 and lots 10
and 11 as illustrated on the preliphinary pla ed development plan and shall count toward
satisfying the minimum parking`requirement or development on said lots.
3. The approximately 24.49 acre property describe as Lots 1 and 12 of Moss green Urban
Village, is hereby reclassified from Interim Develo ent-Research Park (ID-RP) to Overlay
Planned Development-Mixed se (OPD-MU) with a following modifications to the lot
dimensional requirements, flo r area limitations and Ian uses allowed as set forth in Iowa City
Code of Ordinances 14-2C d 14-4B and the City's stre standards:
A. The minimum b ilding height shall be 20 feet; the aximum building height shall be 60
feet; the minimu front setback shall be 10 feet; the aximum front setback shall be 20
feet; the minim m side setback shall be zero feet, a d the rear setback shall be the
construction li t line as shown on the sensitive areas de lopment plan; and
B. For Pers al Service-Oriented Retail Uses and Eating stablishments, there shall be
no floor are size limitation. For Sales-Oriented Retail uses, a maximum floor area shall
be 10,000 quare feet; and
C. The uilding articulation standard as set forth in subsection\14-2C-8M of the zoning
code sh II apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G;
and
D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single
Family Dwellings are prohibited; and
Ordinance No.
Page 3
E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed
within this zone; and
F. On-street diagonal parking as illustrated on the preliminary planned development plan
shall be allowed and shall count toward satisfying the minimum parking requirement for
development on said lots.
SECTION II. 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 and the City, following passage and approval of this Ordinance.
SECTION III. ZONING MAP. T e Building Inspector is hereby auth rized and directed to
change the zoning map of the City of wa City, Iowa, to conform to this a endment upon the final
passage, approval and publication oft is ordinance by law.
SECTION IV. CERTIFICATION A D RECORDING. Upon pa age and approval of the
Ordinance, the City Clerk is hereby au horized and directed to ce ify a copy of this ordinance,
the associated conditional zoning ag Bement, planned deve pment plan, sensitive areas
development plan, and conceptual mast r plan for Moss Gree Urban Village and to record the
same at the office of the County Recorde of Johnson Count ,Iowa, at the owner's expense, all
as provided by law. j
SECTION V. REPEALER. All ordinanc s and parts oaf ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any s ction, pGOVision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, s h adjudication shall not affect the validity of the
Ordinance as a whole or any section, provisio or part thereof not adjudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This O ~nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
L.-
2010.
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Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Green Development Corporation (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approx' ately 141.29 acres of property
located northwest of the interchange of State Highway 1 with terstate 80; and
WHEREAS, the Owner has r uested the rezo ng of said property from Interim
Development-Research Park (ID-RP) to planned deve opment overlay (OPD) zone with
approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and
approximately 56.48 acres rezoned to PD-Research Development Park (OPD-RDP) and
approximately 24.49 acres rezoned to OP -Mixed Use ( PD-MU); and
WHEREAS, the Planning and Zoning of
conditions regarding clustering of buildings c
and other sensitive features, promotion of en r~
cohesive, urban streetscape according to the
and the various requested modifications to the
Plan goals of environmental stewardship, expa
and the intent of a sensitive areas developm
development, all three of which are accepted t~
issi n has determined that, with appropriate
~rk~ g areas away from streams, woodlands,
iciency and conservation and creation of a
tted master plan, that the requested zoning
Wing are consistent with the Comprehensive
m of job opportunities within the community,
conservation development, and mixed use
of planned developments; and
WHEREAS, to ensure that storefrortits alo g Moss Place are reserved primarily for
commercial uses that will complement and provide oods and services to support the office and
research development uses that are listed as the inte ded uses according to the Comprehensive
Plan, the Planning and Zoning Commission recomm nds certain restrictions on the types and
location of residential uses within the Mixed Use area; d
WHEREAS, Iowa Code §414.5 (2009) provide that the City of Iowa City may impose
reasonable conditions on grantin ~ an applicant's rezo ing request, over and above existing
regulations, in order to satisfy pu lic needs caused by the requested change; and
WHEREAS, the c
reasonable to ensure the
Plan and the need for stev
WHEREAS, the
conditions of a Conditio
NOW, THEREFORE,
agree as follows:
Moss Green
described as
and
acknowledges that cert~
lopment of the property is
yip of sensitive environment
~ner agrees to develop this property i
Zoning Agreement.
conditions and res~ tions are
~sistent with ~e Colg~rehensive
Lures of the la~at;:an~ k~~
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accordanc€~v~'I'hh t~ terrr~s-and
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consideration of the mutual promises c ntaineciiarein~,the ies
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;lopment Corporation is the legal title holde of the property legally
1-12, and Outlots D and E of Moss Green Ur an Village subdivision;
2. The Owner cknowledges that the City wishes to ensure conformance to the principles
of the Co prehensive Plan and the Sensitive Areas Development Plan. Further, the
parties acknowledge that Iowa Code §414.5 (2009) provides that the City of Iowa City
may impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3.
In consideration of the City's
development of the subject prope
chapter, except as modified by
process, as well as the following c
rezoning the subject property, Owner agrees that
will conform to all other requirements of the zoning
o~dinance through the planned development rezoning
a.
b.
c.
d.
e.
4.
The Applicant must receive ap royal of the final planr
the Planning and Zoning Co mission. Site plans
compliance with the master plc as submitted by the
2010, which shall be attache to and recorded
development plan and this Condit nal zoning agree
Moss Place will be constructed nd platted as t
emergency access easement a ending over t e
roadway and sidewalk; and
Moss Place must be built to the Cit s minimum onsi
by the City prior to being open to the public; an
standards and inspected
Detached Single Family Dwellings, ~wo F ily Dwellings, and
Single Family Dwellings are prohibited i the PD-MU zone; and
two-unit Attached
On land within the planned development oned OPD-MU, residential uses are not
allowed within the first 30 feet of buildiri~g depth as measured from the front building
wall facing Moss Place. Residential entr , ces, lobbies, stairwells, elevators and other
building features that provide access a d safety for the residents are not included in
this restriction. In addition, up to 25% of the length of the ground level frontage of a
building that faces Moss Place ay include live-work units that include both
commercial and residential functi ns. Live-work units that do not include any
residential functions on the ground vel floor do not count toward this limit; and
The Owner and City acknowledge
conditions to impose on the Ian
conditions satisfy public needs th~
that the conditions contained herein are reasonable
I under Iowa Code §414.5 (2009), and that said
are caused by the requested zoning change.
5. The Owner and City acknowle ge that in the event the subject property is transferred,
sold, redeveloped, or subdivi d, all redevelopment will conform with the terms of this
Conditional Zoning Agreeme
6. The parties acknowledge t at this Conditional Zoning Agreement shall be deemed to be
a covenant running with t e 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 ack owledge that this agreement shall inure to the~~l,efit and bind
all successors, repres ntatives, and assigns of the parties. :r>- -, ~ b'~
~ -~~` ~
7. The Owner acknowl dge(s) that nothing in this Conditional Zoning !~c®err~t sh~"11~e
construed to relieve he Owner or Applicant from complying with ~11~th~,applle
local, state, and federal regulations. ~ ~" ~'
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ca
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development site plans from
II be reviewed for general
~licant to the City on April 1,
~h the preliminary planned
and
ite street with a public and
~e length and width of the
2
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
2010.
CITY OF IOWA CITY
Matt Hayek, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
undersigned, a notary public in and fort a State of Iowa, e
and Marian K. Karr, to me personally k own, who being b
the Mayor and City Clerk, respective) of said municipal
foregoing instrument; that the seal a fixed thereto is the se
said instrument was signed and sea don behalf of said m
City Council; and that the said M or and City Clerk as
execution of said instrument to b the voluntary act and d
them voluntarily executed. 1
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A.D. 20 before me, the
rsonally appeared Ernest W. Lehman
me duly sworn, did say that they are
orporation executing the within and
a of said municipal corporation; that
un cipal corporation by authority of its
su officers acknowledged that the
eed f said corporation, by it and by
Notary Public in and forth
My commission expires:
of Iowa
3
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of , A.D. 20 ,before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
and , to me personally knoyvn, who, being by me duly sworn,
did say that they are the and ~ ,respectively,
of said corporation executing the within nd foregoing instr~'ment to which this is attached, that
(no seal has been procured by the s id) corporation; at said instrument was signed (and
sealed) on behalf of (the seal affixed th reto is the seal said) said corporation by authority of its
Board of Directors; and that the said and as
such officers acknowledged the executi n of said ins ument to be the voluntary act and deed of
said corporation, by it and by them volun arily execu d.
Public in and for said County and State
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Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Green Qevelopment Corporation (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property
located northwest of the interchangel_of State Highway 1 with Interstate 80; and
WHEREAS, the Owner ha requested the rezoning said property from Interim
Development-Research Park (ID-R) to planned developm nt overlay (OPD) zone with
approximately 60.32 acres rezon d to OPD-Office Re earch Park (OPD-ORP) and
approximately 56.48 acres rezoned o OPD-Research D elopment Park (OPD-RDP) and
approximately 24.49 acres rezoned to PD-Mixed Use (OP -MU); and
WHEREAS, the Planning and Zon~ng
conditions regarding clustering of buildin s
Commissio has determined that, with appropriate
and parkin areas away from streams, woodlands,
and other sensitive features, promotion o energy ~
cohesive, urban streetscape according to he subn
and the various requested modifications t the zo
Plan goals of environmental stewardship, a pans'
and the intent of a sensitive areas develo me t,
development, all three of which are accepted y es
~ffi iency and conservation and creation of a
ii ed master plan, that the requested zoning
ing are consistent with the Comprehensive
~n of job opportunities within the community,
conservation development, and mixed use
of planned developments; and
WHEREAS, to ensure that storefront along Moss Place are reserved primarily for
commercial uses that will complement and o 'de goods and services to support the office and
research development uses that are listed th intended uses according to the Comprehensive
Plan, the Planning and Zoning Commissi n rec mmends certain restrictions on the types and
location of residential uses within the Mixe Use a a; and
WHEREAS, Iowa Code §414.5 (2009) pro 'des that the City of Iowa City may impose
reasonable conditions on granting a `applicant's zoning request, over and above existing
regulations, in order to satisfy public reds caused b the requested change; and
WHEREAS, the Owner a knowledges that main conditions and restrictions are
reasonable to ensure the develo ment of the property 's consistent with the Comprehensive
Plan and the need for stewardshi of sensitive environme t features of the land; and
WHEREAS, the Owne~grees to develop this prope
conditions of a Conditional Zo ng Agreement.
NOW, THEREFORE, in co~isideration of the mutual prom
agree as follows: j
in accordance with the terms and
contained herein, the parties
1. Moss Green Deve~bpment Corporation is the legal title holder of the property legally
described as Lots h-12, and Outlots D and E of Moss Green Urban Village subdivision;
and ~
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan and that the
conditions imposed upon the property are reasonable and designed to satisfy public
needs caused by the requested zoning change. Further, the parties acknowledge that
Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, Aver and above the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject pro rty will conform to all ot~'er requirements of the zoning
chapter, except as modified ordinance through the ~lanned development rezoning
process, as well as the followin conditions:
a. The Applicant must receive
each lot from the Planning a
general compliance with the i
April 1, 2010, which shall be
development plan and this coi
b.
c.
d.
e.
oval of the final panned development site plans on
Zoning Commiss'on. Site plans will be reviewed for
.ter plan as s~
ached to and
onal zoning a
Moss Place will be constructed and Platte
ing
ab fitted by the applicant to the City on
r corded with the preliminary planned
reement; and
as a private street with a public and
~r the entire length and width of the
II be granted by Owner to the City in
inimum construction standards for public
d by the City prior to being opened to the
wo Family Dwellings, and two-unit Attached
1 i the OPD-MU zone; and
m nt zoned OPD-MU, residential uses are not
Idi depth as measured from the front building
ntra ces, lobbies, stairwells, elevators and other
and safety for the residents are not included in
this restriction. In addition, up ~0 25% of t e length of the ground level frontage of a
building that faces Moss Place may i lude live-work units that include both
commercial and residential functions. Li -work units that do not include any
residential functions on the ground level floor o not count toward this limit.
emergency access easement a ei
roadway and sidewalk, which ea e
writing; and
Moss Place must be built to the
streets and shall be inspected and
public; and
Detached Single Family Dwellings,
Single Family Dwellings are prohibits
On land within the planned devel I
allowed within the first 30 feet of ~
wall facing Moss Place. Residen 'al
building features that provide a ces;
4. The Owner and City acknow edge that the condit~,ons contained herein are reasonable
conditions to impose on t e land under Iowa Ciode §414.5 (2009), and that said
conditions satisfy public ne ds that are caused by th requested zoning change.
5. The Owner and City acknowledge that in the event t e subject property is transferred,
sold, redeveloped, or subdivided, all redevelopments II conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowle /ge that this Conditional Zoning Ag ement shall be deemed to be
a covenant running ~th the land and with title to the land, and shall remain in full force
and effect as a cov,~nant with title to the land, unless or u til released of record by the
City of Iowa City. L
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
2
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this C ditional Zoning Agreement shall be incorporated by
reference into the ordinance r zoning the subject property, and that upon adoption and
publication of the ordinance, his agreement shall be recorded in the Johnson County
Recorder's Office at the Appli ant's expense.
Dated this day of
CITY OF IOWA CITY
2010.
Matt Hayek, Mayor
By:
Attest:
Marian K. Karr, City Clerk
BY;
CITY OF IOWA CITY ACKNOWLEDGEM
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of
undersigned, a notary public in a for the State of Iowa, ~
and Marian K. Karr, to me perso ally known, who being
the Mayor and City Clerk, res ctively, of said municipal
foregoing instrument; that the eal affixed thereto is the s
said instrument was signed a d sealed on behalf of said n
City Council; and that the id Mayor and City Clerk as
execution of said instrume t to be the voluntary act and ~
them voluntarily executed.
_, A. D. 20 before me, the
rsonally appeared Matthew J. Hayek
me duly sworn, did say that they are
:orporation executing the within and
I of said municipal corporation; that
a icipal corporation by authority of its
h officers acknowledged that the
;e of said corporation, by it and by
Notary Public in and for
My commission expires:
of Iowa
3
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY) ~
On this day of , A.D.
a Notary Public in and for the State of to a, personally aK
before me, the undersigned,
and , t me personally nown, who, being by me duly sworn,
did say that they are the
of said corporation executing the within an foregoing
(no seal has been procured by the said corporati~
sealed) on behalf of (the seal affixed theret is the s <
Board of Directors; and that the said
such ofFcers acknowledged the execution of aid nst
said corporation, by it and by them voluntarily ute~
~ ,respectively,
strument to which this is attached, that
~; that said instrument was signed (and
of said) said corporation by authority of its
and as
invent to be the voluntary act and deed of
Public in and for said County and State
4
~s~
City of Iowa City
MEMORANDUM -,~
Date: April 14, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: REZ10-00004/SUB10-00005 -Moss Green Urban Village
Per the discussion at your informal meeting on Monday regarding the application for a
planned development for Moss Green Urban Village, there are several additional zoning
modifications that the applicant would like to request regarding the Mixed Use area of their
development. Since they are also requesting that uses allowed in the CO-1 Zone be
allowed on lots 1 and 12, in addition to the uses allowed in the Mixed Use Zone, we need to
clarify the development standards for those uses that are allowed in both zones, but under
different provisional standards.
Following are the additional modifications to the underlying zoning standards of the Mixed
Use Zone that the applicant is requesting:
No size limitation for Personal Service-Oriented Retail Uses: In the CO-1 Zone there is
no limitation on the size of Personal Service Uses, whereas in the MU zone these uses are
limited to 2,400 square feet or up to 5,000 square feet by special exception.
The maximum size for Sales-Oriented Retail Uses be increased to allow uses up to
10,000 square feet. In the Mixed Use Zone, Sales-Oriented Retail is limited to 2,400 square
feet or up to 5,000 square feet by special exception.
No size limitation for Eating Establishments: Eating establishments are limited to a
maximum occupancy of 100 in both the CO-1 and MU Zones, with an option to increase up
to 125 by special exception.
The building articulation standard in the CB-5/CB-10 Zones, 14-2C-8M, be substituted
for the building scale standard in the Mixed-Use Zone, 14-2C-9G: As discussed at your
informal meeting, the smaller building module size of 30 feet required in the Mixed Use Zone
assumes smaller-scale buildings with a maximum height of 35 feet. Given that the buildings
in the applicant's development will be up to 60 feet in height, the building articulation
standard established in Iowa City's downtown zones (CB-5 and CB-10) is more appropriate.
The CB-5/CB-10 Zone standard allows larger buildings with modules up to 50 feet wide.
Staff Analysis and Recommendation: The size restrictions that are in place in the Mixed
Use Zone are intended to ensure that low density residential uses, such as single family and
duplexes can co-exist comfortably in the same area as commercial uses. Given that single
family and duplexes will not be allowed in the proposed Mixed Use area and since Moss
Green Urban Village is envisioned to include larger, taller buildings and a more urban
character, staff recommends approval of the above-listed modifications in addition to the
modifications noted in the previous staff memo dated April 9.
April 15, 2010
Page 2
For residential uses, staff recommends and the applicant has agreed to a prohibition on
detached single family dwellings, two-unit attached single family dwellings, and duplexes.
Some on the Commission have expressed a concern about the amount of residential that
will be allowed in the Mixed Use area and do not want residential to become the
predominate use on the ground floor. The applicant agrees that the intent of this area is to
encourage a vibrant commercial area along the street frontage of Moss Place, so intends to
reserve a significant portion of the ground floor level of street-facing buildings for
commercial uses. The Mixed Use zone requires that the ground level of all buildings be built
to commercial standards to encourage and facilitate a mix of uses based on market
conditions over time. Staff has discussed the issue with the applicant and has suggested a
possible standard to ensure that a commercial character be maintained along Moss Place.
If a majority of the Commission would like to establish a restriction on the location of
residential uses, staff suggests the following standard:
For buildings located in the Mixed Use area, residential uses are not allowed within
the first 30 feet of building depth as measured from the front building wall facing
Moss Place. Residential entrances, lobbies, stairwells, elevators and other building
features that provide access and safety for residents are not included in this
restriction. In addition, up to 25% of the length of the ground level frontage of a
building that faces Moss Place may include live-work units that include both
commercial and residential functions. Live-work units that do not include any
residential functions on the ground level floor do not count toward this limit.
City of Iowa City
MEMORANDUM
Date: April 9, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: REZ10-00004/SUB10-00005 -Moss Green Urban Village
At your last meeting there were a number of issues that still needed to be worked
out with regard to the proposed planned development plan, sensitive areas
development plan and the preliminary plat for Moss Green Urban Village. We have
received a new plan set that addresses a number of these issues. The City
Engineer's office is working with the applicant to address the remaining technical
deficiencies on the preliminary plat. Following is an overview of the issues
discussed at your fast meeting and how these have been addressed.
Sensitive Areas Development Plan
On the original submittal, the building and parking lot footprints illustrated on lots 1,
12, and 8 of the plan conflicted with the construction limit lines that were drawn. On
the most recent submittal the parking areas and building footprints have been pulled
back from the construction limit lines and the construction limit lines no longer
extend into the stream corridor buffer, so the plan now complies with the stream
corridor standards in the sensitive areas ordinance.
With regard to potential wetlands on the property, a final delineation report has not
yet been completed and approved by the U.S. Army Corps of Engineers. The only
potential wetland that has been identified is located on Outlot B. The applicant has
adjusted the alignment of Oakdale Boulevard to avoid disturbance of this potential
wetland.. Given that the only apparent wetland is located on an outlot that is not
being re-zoned for development, staff is comfortable recommending approval of the
planned development rezoning on the property owned by Moss Green Development
Corporation located south of Oakdale Boulevard. However, if there are other
wetlands identified on the property in the final delineation report or if the wetland
identified in the preliminary report is more extensive that what is noted on the
sensitive areas development plan, the applicant will need to adjust the proposed
development accordingly and if the changes are significant may need to submit
revised plats and planned development plans through the rezoning process. In
addition, if and when development is proposed on either Outlot A or B, a rezoning,
revised plat, and sensitive areas development plan will be required prior to any
development activity.
April 9, 2010
Page 2
Planned Development Overlay Rezoning
At your last meeting the applicant presented a more detailed master plan for Moss
Green Urban Village showing proposed building and parking lot footprints,
conceptual building elevations, walking trails and other amenities, and describing the
various "green" elements that will be featured in the development. Staff finds that
this more detailed master plan should be adopted as part of the planned
development so that any development applications that are submitted will be
required to substantially comply with what is shown on this plan. The applicant has
agreed that since specific building and parking lot designs have not yet been
determined for each lot, that it is reasonable for site plans to be reviewed by the
Planning and Zoning Commission.
Modifications to underlying zoning - In their original application the developer
requested modifications to the underlying zoning standards in the MU, RDP, and
ORP Zones. These were noted in the previous staff report. Please note that the
applicant has requested an additional height allowance in the RDP zone of 75 feet
instead of the 60 feet originally requested.
Street Design -There are a number of modifications to the collector street standards
requested by the applicant for Moss Place, including:
• A request for a wider right-of-way for a portion of Moss Place; 90 feet along
lots 5-9 and Outlots D and E to provide for wider sidewalks and green space
along the street corridor.
• A request for a narrower right-of-way for a portion of Moss Place; 60 feet
along lots 1-4 and 10-12, which is the area where buildings will be located
closer to the street and in closer proximity to provide for a more urban street
character and to pull development away from the sensitive areas along the
stream corridor;
• Geothermal lines, stormwater catchment chambers located within the street
right-of-way;
• On-street diagonal parking located along lots 1-4 and 10-12 potentially
utilizing pervious pavement; and
• Street trees located within the street right-of-way.
Staff finds that these requests for modifications are reasonable given the desire of
the applicant to showcase green street technologies and geothermal energy
systems throughout their development. However, due to uncertainties with regard to
long term maintenance of these private stormwater systems and other unique
amenities, the Public Works Department is recommending that Moss Place be
designated a private street. All maintenance, snow removal, street cleaning, etc will
be the responsibility of the developer and subsequent owner's association and will
need to be addressed in the legal papers during final platting. The City Engineer
has also indicated that Moss Place should meet the City's minimum construction
standards and should be inspected prior to it being opened for public use. A public
and emergency access easement will be required during final platting.
April 9, 2010
Page 3
In order to reduce the footprint of off-street parking areas, staff also recommends
that as a part of the planned development any on-street parking be counted toward
the minimum parking requirement for uses in the development. The parking
requirements will be determined at the time of site plan review based on the specific
uses proposed on individual lots in the development.
Pedestrian connection -The Commission requested more detail on the design of the
pedestrian walkway from Pearsons to Moss Place to ensure that vehicles cannot
improperly use this connection. The applicant has provided a proposed cross
section showing an 8-foot walkway with concrete bollards positioned in the center at
either end to prevent vehicular access. The walkway is shown on the preliminary
plat between lots 3 and 4. The applicant has indicated that they feel this is the best
location for employees of Pearson to walk to Moss Place. This location may be
adjusted at the time of final platting if a better location is identified based on
topography and pedestrian ease of use.
Residential Uses in the Mixed Use Zone -Some on the Commission expressed a
concern about the type of residential uses allowed in the Mixed Use Zone and the
timing of construction relative to the development of commercial and office park
uses. The Mixed Use Zone allows a mix of commercial and residential uses.
Residential uses are allowed both above commercial uses in mixed use buildings
and within stand-alone residential apartment buildings. Even single family and
duplex units are allowed. To allow and encourage maximum flexibility to respond to
the market over time, the ground level floor of all buildings must be built to
commercial standards even if used for residential purposes.
Given that the developer is intending to foster an urban character with mixed use
buildings, staff recommends that residential uses in the Mixed Use Zone be limited
to apartments and/or condominiums. Some flexibility to allow live-work units with
some living space on the ground level may be reasonable and can be reviewed at
the time a detailed site plan is submitted. Staff recommends a prohibition on single
family and two family dwellings given that they would be out of character with the
master plan that is proposed. If the Commission feels that it is necessary to ensure
that the ground level is primarily reserved for commercial uses, staff suggests that
residential uses be limited to no more than 10% of the total ground level floor area in
the Mixed Use Zone based on the concept plan.
The applicant is making a significant investment in road and utility infrastructure for
this development and is anticipating that this outlay of funds can be recouped
through a tax increment financing (TIF) agreement with the City as new property
taxes are generated from development of the property. Staff is still working out the
details of the TIF agreement and how tax rebates would be structured to create
incentives for the types of commercial and research park uses intended for this
development. It is possible structure the agreement to limit tax rebates for
residential uses. Staff will discuss this in more detail at your informal meeting.
April 9, 2010
Page 4
Preliminary Plat
The City Engineer's Office is reviewing revised plats submitted by the applicant and
is working with the applicant to resolve and correct technical deficiencies.
Preliminary stormwater calculations have yet to be submitted by the applicant. The
exact location of sewer extensions to adjacent properties to the north of the
development has not been worked out given that some of the property to the north is
within the conservation area managed by the Johnson County Heritage Trust.
If these issues have not been resolved to the satisfaction of the City Engineer by
your meeting next Thursday, staff recommends deferral of the preliminary plat.
Deferral of the plat is not likely to hold up the review process since the planned
development rezoning will require a public hearing and three votes of the City
Council for approval. The preliminary plat only requires one vote of the City Council
and will be considered after the final vote of the planned development rezoning.
Staff Recommendation
Staff recommends approval of a planned development overlay rezoning, REZ10-00004
for:
• approximately 60.32 acres of land from Interim Development-Research Park
(ID-RP), to Overlay Planned Development-Office Research Park, OPD-ORP
• approximately 56.48 acres of land from Interim Development- Research Park
(ID-RP) to Overlay Planned Development-Research Development Park (OPD-
RDP); and
• approximately 24.49 acres of land from Interim Development-Research Park
(ID-RP) to Overlay Planned Development-Mixed Use, OPD-MU,
subject to a Conditional Zoning Agreement (CZA) or specific restrictions or allowances
noted on the Planned Development Plan and plat as set forth below:
• Planning and Zoning Commission approval of the final OPD site plans is
required. Site plans will be reviewed for compliance with the master plan as
submitted to the City on April 1, 2010, which shall be attached to and recorded
with the preliminary planned development plan;
• Detached Single Family Dwellings, Two Family Dwellings, and two-unit
Attached Single Family Dwellings are prohibited;
• Modifications to the underlying zoning standards are allowed as noted in the
staff report dated April 1, 2010 and as adjusted and noted in this memo;
• On property zoned OPD-MU Zone, uses allowed in the Commercial Office
Zone are also allowed;
• Moss Place will be constructed and platted as a private street with a public and
emergency access easement extending over the entire length and width of the
rig ht-of-way;
• Moss Place must be built to the City's minimum construction standards and
inspected by the City prior to being open to the public; and
• On-street diagonal parking will be allowed along the frontage of lots 1-4 and
lots 10-12 on Moss Place. Said on-street parking spaces will count toward the
April 9, 2010
Page 5
number of parking spaces required for development on these lots.
Upon resolution of deficiencies and discrepancies, staff recommends approval of SUB10-
00005, apreliminary plat for a12-lot, approximately 243-acre property located northwest
of the interchange of State Highway 1 with Interstate 80.
ATTACHMENTS:
1. Revised preliminary plat
2. Revised sensitive areas development plan
3. Revised preliminary planned development plan
Approved by: ~ ~~~~'~/~'
Robert Miklo, Senior Planner
Department of Planning and Community Development
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C
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo & Karen Howard
Item: REZ10-00004/SU610-00005 Date: April 1, 2010
Moss Green Urban Village
GENERAL INFORMATION:
Applicant: Moss Green Development Corporation
3354 Kenruth Circle
Iowa City, IA 52240
319-351-8593
Owners Moss Green Development Corporation
(address same as above)
Neal Llewellyn &
Hills Bank & Trust Co., Trustee of the Otologic Medical
Services, PC4019(k) Profit Sharing Plan FBO Guy E.
McFarland
2771 Oakdale Blvd., Suite 4
Coralville, Iowa 52241
Contact Person: Wally Pelds
2323 Dixon Street
Des Moines, IA 50316
Phone: (515)265-8196
Requested Action: Rezoning from ID-ORP to OPD-ORP, OPD-RDP and
OPD-MU and preliminary sensitive areas development
plan and preliminary plat.
Purpose: Development of an office park and mixed use
commercial and residential buildings.
Location: Northwest of the intersection of Hwy 1 and Interstate 80
Size: Approximately 60.32 acres for rezoning from ID-ORP
to OPD-ORP;
approximately 56.48 acres from ID-ORP to OPD-
RDP; and
approximately 24.49 acres from ID-ORP to OPD-MU.
Preliminary Plat contains approximately 243.24 acres
(approx. 101.94 acres will remain ID-ORP)
Existing Land Use and Zoning: Farmland and natural areas surrounding Rapid Creek -
ID-ORP
2
Surrounding Land Use and Zoning
North: Farmland & rural residential -County-AG
South: Farmland & Office Research - ID-ORP & ORP
East: Farmland and rural residential -County AG & R
West: Farmland and rural residential -County R
Comprehensive Plan: North Corridor District -Office Research park and
associated uses and protection of Rapid Creek
floodplain
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Not yet a complete application
(Not yet determined)
The City recently annexed approximately 132 acres of property located north of Interstate 80 and
west of Dodge Street (Hwy 1) to accommodate the construction of Oakdale Boulevard to allow
access to the proposed Moss Green Urban Village. This proposal includes the 132 acres plus
approximately 111 acres that was already within the city limits. The Moss Green Development
Corporation, the applicant, is now proposing to rezone the property that they own to a mix of Office
Research Park (ORP), Research Development Park (RPD) and Mixed Use (MU). They are also
requesting a Planned Development Overlay (OPD) rezoning to allow modification of underlying
zoning requirements and to address sensitive areas that are present on the property. Property
owned by the Neal Llewellyn and Hills Bank and Trust will remain zoned ID-ORP, since there are no
plans to develop this land at present.
The applicant is also requesting approval of a preliminary plat fora 243.24-acre, 12-lot industrial and
commercial subdivision with several outlots set aside for future development, conservation areas or
stormwater management.
ANALYSIS:
Rezoning
Currenf ID zone: The Interim Development (ID) zoning is intended to provide for areas of managed
growth in which agricultural and other non-urban uses may continue until infrastructure is in place to
serve urban development. Since the construction of Oakdale Boulevard, which will be necessary to
gain access to the subject property, is not currently included in the Iowa City Capital Improvement
Plan, the applicant proposes to fund and build Oakdale Boulevard, Moss Place and the necessary
utilities, including sanitary sewer and water line improvements to make this property suitable for
development. The applicant may be able to re-coup some of their costs through rebate of a portion
of future property taxes generated by new development within the office research park through an
Urban Renewal District and Tax Increment Financing proposal, which is currently being forwarded to
the City Council for their consideration. With this commitment to construct the necessary
infrastructure it is appropriate to consider rezoning the property for development.
Proposed zoning: The applicant is proposing three zoning classifications and a Planned
Development Overlay zone. The proposed zoning districts and their compliance with the
Comprehensive Plan are discussed below.
The proposed Office Research Park (ORP) Zone and the Research Development Park (RDP)
Zone are intended to provide areas for the development of large office and research firms and
complementary uses, such as hotels and services for area employees and clients. These zones
3
also allow for some light manufacturing and wholesale sales, which would allow a firm the ability to
have both the research and the development and production functions located in proximity. Both the
RDP and ORP Zones allow the same land uses. However, they differ in scale. The ORP zone is
intended for larger entities with a minimum lot size of 7 acres, minimum front setbacks of 150 feet,
and side and rear setbacks of 100 feet to promote acampus-like environment. There is no building
height limit in the ORP Zone. The RDP provides opportunities for smaller operations with a minimum
lot size of 1 acre and a minimum front setback of 20 feet. There is a maximum height limit of 45 feet
in the RDP Zone.
The attached zoning exhibit indicates that the applicant is proposing approximately 60 acres of the
larger-lot ORP zoning adjacent to Interstate 80 where the potentially taller, larger buildings will be
visible from the highway. Approximately 56.48 acres of Research Development Park (RDP) zoning
is proposed north of the ORP zone and generally through the middle of the property.
The applicant is proposing approximately 24 acres of Mixed Use (MU) zoning south of the
easternmost intersection of Oakdale Boulevard and Moss Place. The MU zone is intended to provide
a transition from commercial and employment centers to less intensive residential uses. The zone
permits a mix of uses including lower-scale retail and office uses, and a wide variety of residential
uses including detached single family, two-family, attached single family (townhouses), multi-family
buildings, and mixed use buildings with residential units located above commercial. The MU zone
has no minimum lot size requirements for commercial uses. Residential uses are required to have
1800 square feet of lot area per dwelling unit (for attached units) and 3000 square feet lot area per
dwelling unit (for detached single family). Up to 24 dwelling units are allow per acre. The setback
requirements are: minimum front setback of 5 feet and a maximum setback of 15 feet; 5 to 7 feet for
side and rear setbacks (duplexes and single family require a 20-foot rear setback but these types of
dwellings are not anticipated in the area). There is a 35-foot height limit.
Compliance with the Comprehensive Plan: Both the RDP and the ORP zones are compatible with
the Comprehensive Plan land use designation for this area. The plan states that "the I-80
interchange with Highway 1 provides one of the few opportunities for office research park
development in Iowa City... With the tone set by [NCS Pearson and ACT] and the advantages of
interstate exposure, land around this interchange should continue to be preserved for office research
park and research development park opportunities."
Although the Comprehensive Plan's land use map does not indicate mixed use in this area, in staff's
opinion a mixture of office, retail, related services, and residential uses could complement and
support the large office park contemplated by the Comprehensive Plan. The residential component
has the public benefit of providing potential housing for employees in the office park. If the MU zone
is part of master plan for the office park, in staff's opinion a Comprehensive Plan amendment would
not be necessary. However, staff questions whether a MU zone would be appropriate in this location
if it is not developed in conjunction with the larger office park. Because of environmental constraints
of the floodplain in this area, there will be limited nearby residential development that would provide a
market for commercial uses. The development of the zone will .depend primarily on the market
generated by the workers in the proposed office park. The residential uses on the upper floors may
also help support commercial uses and services, but in themselves they are not likely to be sufficient
to create a demand for commercial uses.
As discussed below, under the Planned Development Overlay section of the report, the applicant is
requesting a number of modifications to the underlying zoning standards for the ORP, RDP, and MU
zones. In general, they are requesting modifications to some minimum setbacks and establishment
of certain maximum setbacks with the intent to preserve and protect open space and environmental
features, reduce costs for extension of utilities, and create a more urban character with buildings
located closer to the street. In addition, they are requesting greater flexibility to increase the height of
buildings beyond the limits established in the RDP and MU zoned areas of the development with the
4
intent of encouraging smaller building footprints and preservation of open space. In general, these
requests meet the comprehensive plan goals of preservation of open space and environmentally
sensitive lands.
The Planned Development Overlay (OPD) zone is established to permit flexibility in the use and
design of structures and land in situations where conventional development may be inappropriate
and where modifications to requirements of the underlying zone will not be contrary to the intent
and purpose of the zoning code, inconsistent with the Comprehensive Plan, or harmful to the
surrounding neighborhood. An OPD may also be required if disturbance of certain
environmentally sensitive features or required buffers is requested. The applicants have requested
a planned development overlay to create more flexibility in zoning standards to meet their goals of
preserving more green space in the development and avoiding sensitive environmental features.
In addition, they would like some flexibility in the Mixed Use area to allow uses allowed in the
Commercial Office (CO-1) Zone. The applicant's statement outlining their intent to make their
development a model for green building and site development is attached.
Applications for planned developments are to be reviewed for compliance with the standards listed
in section 14-3A of the zoning ordinance. Following is staffs analysis regarding these standards.
Land Uses Allowed:
The planned development encourages a mix of land uses, so it provides flexibility to include other
land uses not allowed in the underlying zone. This is the first commercial planned development
considered under the City's planned development ordinance. To date, all planned developments
have been residential in nature. The ordinance does not allow flexibility in the uses allowed in the
RDP and ORP Zones. However, other uses can be considered for commercial zones. In this
instance the applicant has requested that in the MU zoned area, land uses allowed in both the
Mixed Use and Commercial Office (CO-1) Zone be permitted. There is considerable similarity in
the uses allowed in these two zones. However, the Commercial Office zone allows indoor
commercial recreational uses, such as fitness centers and movie theaters. In addition, the CO-1
Zone does not have a size limitation on personal service uses and does not have any express
restrictions on specialized educational facilities. Given the scale of this overall office park
development and the potential for many employees living and working in this area, staff finds that
these requests for CO-1 Zone uses and standards are reasonable in addition to the uses allowed
in the MU Zone.
Staff, however, recommends a restriction on the types of residential dwellings allowed in the MU
area. Residential uses in the MU Zone area should be limited to multi-family or townhouse-style
attached single family. These are in keeping with the stated objective of compact development, taller
buildings and a more urban character. Staff finds that detached single family or duplex development
would not be appropriate in this setting and may discourage uses intended for the larger office park.
Maximum Residential Density
The only area of the development that will allow residential uses is the MU zoned area. The
maximum residential density allowed in the MU Zone is 24 units per acre of net land area. "Net
land area" is defined as total land area minus public and private street rights-of-way. As indicated
on the preliminary plat, lots 1 and 12 are proposed for MU zoning. The combined lot area is 21.23
acres resulting in a maximum residential density of 509 units. As it states in the ordinance, "the
City will approve a residential density based on the underlying density allowed in the base zone
and what is compatible with the natural topography of the site and the surrounding development."
Given that a considerable portion of these lots will not be developable and will remain as
conservation area, the actual residential density that is possible on the remainder of the property
may be less than the maximum allowed. One of the reasons that the applicants have requested
5
modification to the height limit is to allow taller, compact building designs with the potential for
multiple floors of apartments. This increase in height may be warranted to provide the opportunity
for more residents to support the commercial uses on the lower levels of the building. However,
since the applicants do not yet have specific buildings plans and unit counts for these lots, staff
recommends that the actual density of units be reviewed by staff and the Commission at the final
site plan stage.
Dimensional Requirements
The planned development ordinance states that "variations in the dimensional requirements of the
underlying base zone may be necessary in order to facilitate the provision of desired neighborhood
amenities or open space; to preserve or protect natural, historic, or cultural features; to achieve
compatibility with surrounding development; or to create a distinctive or innovative neighborhood
environment for area residents."
The planned development process requires a specific plan with location, dimensions, land uses
and elevations drawings showing the general character of the proposed development. This level
of planning allows staff, the Planning and Zoning Commission and City Council the information
necessary to determine if the proposed flexibility being requested is consistent with the underlying
zone, the Comprehensive Plan and the surrounding area. At this time the applicant has
submitted a concept plan, but given the large scale of the project and that the actual building users
have not been identified, the designs are included with the application are intended to convey a
general character rather than give specific building designs and locations. Attached is the
applicant's preliminary concept plan indicating a possible layout of buildings, parking areas, and
green spaces. The applicant is not yet prepared to submit a more specific plan for the Planning
and Zoning Commission's review and is unlikely to know specific building and site design details
until lots are sold and the end users are identified.
To allow the flexibility requested by the applicant and also to allow a sufficient opportunity for
public and Commission review, staff recommends that a Conditional Zoning Agreement (CZA)
require Planning and Zoning Commission review and approval of final site plans and that these
final site plans be compatible with the character established in their preliminary plan. Typically
final site plans are administratively approved by staff based on the preliminary development plan.
The proposed CZA will allow the applicant to proceed without requiring the level of detail normally
reviewed at the preliminary stage.
However, it is important to establish some basic parameters for the dimensional requirements.
Attached is a table outlining the basic dimensional standards for buildings and parking the
applicant has set forth for the development in Moss Green Urban Village. The applicant has
identified and is requesting variations in the setback and height requirements for the MU and RDP
zones and the setback requirements for the ORP zone as outlined in the table below.
Moss-Green Urban Village -Requested Zoning Requirement Variations
Mixed Use Current Requirement Requested Variation
Building Height 35' Minimum 20'; Maximum 60'
Front Yard Setback 5'/15' Minimum 10'; Maximum 20'
Side Yard Setback 7' 0'
Rear Yard Setback 0'/20' Construction Limit Line per SADP
RDP Current Requirement Requested Variation
Building Height 45' Minimum 20'; Maximum 60'
Front Yard Setback 20' Minimum 10'; Maximum 20'
6
ORP Current Requirement
Front Yard Setback 150'
Side Yard Setback 100'
Rear Yard Setback 100'
Requested Variation
Minimum 20'; Maximum 60'
20'
Construction Limit Line;
Minimum setback from I-80: 50'
Staff finds that these requests for modifications to the underlying zoning requirements are
consistent with the goal of clustering the development in taller buildings on land that was
previously farmed in order to preserve the existing woodlands, stream corridor, and slopes. To
ensure that the overall character of a "green" development is maintained over time, staff
recommends that the location of surface parking areas and parking structures be carefully
considered. In general, parking should not be the predominate view from the street and should be
set behind or to the side of buildings. Any parking structures planned for this area should be
designed with similar quality building materials and facade detailing as area buildings.
Streets and traffic circulation: As illustrated on the preliminary plat the proposed Oakdale Boulevard
extends from Dodge Street (Hwy. 1) across the Llewellyn/Hills Bank Trust property and then across
the Moss property. Moss Place, a local commercial loop street, would intersect Oakdale Boulevard
in two places. The concept is for development to occur along both this loop street and along Oakdale
Boulevard on portions owned by the Moss Green Development Corporation. The parcels owned by
Neal Llewellyn and the Hills Bank Trust property would remain undeveloped for the foreseeable
future.
A potential street connection from Moss Place to undeveloped property to the west is located south
of Outlot E. Staff has requested the applicant to provide additional topographic information for the
property to the west of the development to determine if this is the best location for a street
connection. It is unknown at this time whether the property to the west will be commercial or
residential. In the future if the proposed development on that property is commercial in nature, then a
connection to Moss Place will be appropriate. If, however, the development of the neighboring
property mirrors the low density residential character of Prairie View Estates, then providing a street
connection may not be necessary. Staff recommends that this connection be shown on the map and
an escrow established for its future construction at such time as it is warranted.
To provide pedestrian circulation between the Office Research Zone (Pearson property) and the
Moss Green development, staff recommends that a minimum 8' pedestrian walkway be constructed
within a minimum 15-foot easement from Moss Place to the Pearson property located east of the
subdivision. This is illustrated on the plat between lots 3 and 4.
For Moss Place, the applicant is requesting a number of modifications to the City's collector street
standards. Moss Place is designed with a wider r.o.w. and wider sidewalks than is required. Staff
finds this to be acceptable, but the final plat and subdivider's agreement should make it clear that the
applicant is responsible for these oversize costs.
The developer has also requested some underground stormwater catchment chambers to be located
in the parkway area between the street pavement and the sidewalk and on-street diagonal parking
spaces designed with porous pavement. Staff is in the process of working through the street design
elements with the applicant. The City encourages innovative designs and development techniques
and features that provide an amenity to future lot owners, employees and visitors. However, given
that some of the "green" features included in the public r.o.w. are untested in Iowa City and there are
concerns about long term maintenance, the City Engineer's office is still working through the street
design elements with the applicant. Revised plans were received on March 26, the City Engineer has
not yet had time to adequately review and make recommendations on the requested modifications.
7
Environmentally Sensitive Areas: Moss Green Urban Village contains regulated slopes,
woodlands, a stream corridor and a potential wetland. For the most part the preliminary plat and
planned development have been designed to avoid disturbance of the sensitive features. The
preliminary plat and sensitive areas plan show outlots C, D and E as being set aside for
conservation areas and stormwater management (as disused below some disturbance of the
sensitive features within these outlots is being proposed to allow construction of streets and
essential public utilities).
Outlots A, B, and F are set aside for future development. Outlots A and B are controlled by the
owners of the property, Neal Llewellyn and Hills Bank and Trust. The sensitive areas plan
addresses the construction of Oakdale Boulevard on Outlots A and B but does not provide details
regarding the development of those lots. A rezoning from ID-ORP and a detailed sensitive areas
analysis will be required for their development in the future.
Outlot B may contain a jurisdictional wetland but a delineation has not been accepted by the U.S.
Army Corp of Engineers and final report has not been submitted to the City. If the potential
wetland is determined to be a jurisdiction wetland, a 100 foot buffer will be required around the
wetland. Oakdale Boulevard has been located to avoid the wetland and buffer area. Prior to
approval of the plat and sensitive areas plan, the wetland delineation must be approved by the
Corp of Engineers. If the property owner certifies that no development activity will occur within
150 feet of the potential wetland, the City may waive the delineation requirement provided that the
applicant establishes a conservation easement in favor of the City or an approved conservation
group. This would not, however, waive the requirement for any necessary Federal permits. In the
event that additional wetlands are delineated in the development any approved plans would need
to be amended to address those wetlands and buffers.
Although outlots C, D and E are being set aside as conservation areas, the sensitive areas plan
indicates that there will be removal of woodlands and disturbance of the regulated slopes and the
stream corridor on the outlots and within the adjacent right-of-way to allow the construction of
Oakdale Boulevard, Moss Place and stormwater management facilities. Section 14-51-2 D of the
zoning code allows for the construction of stream crossings, such as bridges, roads and culverts
within sensitive areas and buffers, provided that they are designed to minimize any reduction of
the flood carrying capacity of the stream and are in compliance with Federal and State regulations.
The City Engineer is in the process of reviewing grading and erosion control plans. Corp of
Engineers and the Iowa Department of Natural Resources (IDNR) approvals will also be required
to allow construction of the bridges and roadways within the floodway.
Woodlands, regulated slopes and the stream corridor are also located on lots 1, 5, 6, 8, 9, 10, 11
and 12. The applicant has illustrated a construction limit line on the sensitive areas plan to help
assure that disturbance of these features is minimized during development. The current draft of
the plan shows proposed construction activity on lots 1, 8 and 12 and the east side of Outlot F,
which conflict with the required stream corridor buffer. Construction activity and the construction
limit line in these areas will need to be moved to coincide with the outer limit of the required buffer.
Where protected features and/or their required buffers are incorporated into individual lots, they
must be included in a recorded conservation easement or protected by restrictive covenants in the
legal papers filed with the City during final plat approval. For the protected sensitive areas located
in outlots, there will need to be a legally binding instrument at the time of final plat approval, setting
forth the responsible part(ies) and the procedures to be followed for maintaining the areas and for
financing maintenance costs over time.
A large portion of the property is located within the 100-year floodplain. We have asked the
applicant to illustrate the floodplain on the sensitive areas plan and plat. Considerable fill will be
8
necessary to allow Oakdale Boulevard and Moss Place to be elevated above the floodplain. Some
of the building sites may also require fill to comply with the floodplain regulations.
Staff finds that the sensitive areas plan in general complies with the purpose of the Sensitive
Lands and Features Article of the zoning code. The potential wetland and the required 100 foot
buffer are not proposed to be disturbed (a wetland delineation is necessary before a complete
assessment can be completed). Approximately 85% of the woodlands within the development will
be retained. This is well within the minimum woodland retention requirement of the code (20% in
the RDP and ORP zones and 10% within the MU zone). The stream corridor and buffer are being
disturbed only where necessary to allow the construction of Oakdale Boulevard, Moss Place, and
storm water detention facilities. Except for a relatively small area of grading on lots 9 and 11, the
only areas where slopes will be graded are where grading is necessary to allow construction of
Oakdale Boulevard and Moss Place. As noted at the end of this report there are deficiencies and
discrepancies that will need to be corrected in the sensitive areas plan prior to approval.
Preliminary plat:
Note: As is Typical with a development of this size, there were a number of discrepancies and
corrections noted on the original plat maps submitted by the applicant. A revised preliminary plat,
sensitive areas development plan and planned development plan were received on March 26, the
day this report was mailed to the Commission. Staff recommends deferral of the rezoning and the
preliminary plat to provide adequate time for Staff to review the revised documents. Following is
staffs preliminary analysis of the plat.
Subdivision Layout: Moss Green Urban Village is an approximately 243-acre, 12-lot commercial
subdivision, with 7 outlots. The property contains sensitive areas, including a stream corridor and
extensive woodlands, which are largely being preserved as private open space. This large-lot
subdivision is intended primarily for office and research park uses with complementary office, retail,
and residential uses. Lots are laid out along a commercial loop street, Moss Place, designed to
collector street standards, which intersects in two locations with a proposed segment of Oakdale
Boulevard, an arterial street that will provide access to State Highway 1. Lot sizes correspond with
the underlying zoning requested. Construction area limit lines have been established to protect
extensive woodlands and the Rapid Creek stream corridor and associated sensitive areas. Given
the environmental constraints of the property it may be necessary to locate needed parking in
structures when enough land is not available to serve the uses proposed at the time of development.
Arterial street design: The applicant has indicated that Oakdale Boulevard will be designed as a 4-
lane arterial street with a planted median within a 110' r.o.w. A ten-foot sidewalk is planned on the
south side and a 5' walk on the north. Oakdale Boulevard will cross Rapid Creek in three different
locations. The City Engineer's office is reviewing the plat and the construction plans for the street
and the bridge designs to ensure that they meet City standards.
The City's transportation planning division has trip generation estimates for the area shown on the
Moss Green Urban Village -Planned Development Preliminary Plan. The estimates are based, in
part, on employment and residential unit estimates provided to staff from Wally Pelds, the
applicant's engineer. According to the information provided, the Oakdale Boulevard extension to
Highway 1 would likely necessitate afour-lane arterial cross-section upon build-out of the
development. This takes into account the approximately 16,000 vehicles per day that were
estimated to be generated by the Moss Green development as well as future through-traffic
anticipated within the corridor. It should be noted that there may be other modifications to the
Oakdale Boulevard /Highway 1 intersection necessary as a result of the development. These
modifications would be under the purview of the Iowa Department of Transportation and the City of
Iowa City and may include improvements such as dedicated left and right turn-lanes at the
Oakdale Boulevard extension, and full signalization of the future intersection. The applicant will
9
also need a permit from the Iowa DOT to establish the connection of the future Oakdale Boulevard
with Highway 1. Necessary improvements to the Oakdale Boulevard /Highway 1 intersection will
be clarified as the applicant prepares information for the Iowa DOT permit.
Since the construction of Oakdale Boulevard is not currently included in the City's Capital
Improvements Budget, the cost for construction of the arterial street shall be borne by the
developer. The applicant and the City are working through the details of an urban renewal plan
and potential TIF agreement through which the developer may re-coup these costs as
development occurs over time and new property taxes are generated. Since Oakdale Boulevard
will cross property not owned by the developer, the subdivider's agreement, dedication and
consent and other legal papers will need to be executed by both the developer and the intervening
property owners to ensure that Oakdale Boulevard may be final platted, constructed and dedicated
to the City upon completion.
Street connectivity and block length: The subject property is located west of land that is already
developed with a large office use (Pearson). No public street connection is provided through the
Pearson property, so it is not possible for a street connection from the Moss Green property.
However, staff recommends a pedestrian connection from the Moss Green development to
Pearson. Moss Green Urban Village will rely on the Oakdale Boulevard for a vehicular connection
to Hwy 1 to the east. To the west, there is undeveloped land. A street connection is possible.
However, as noted above, a street connection may or may not be appropriate depending on the
land uses proposed for the adjacent property. If a vehicular connections is not deemed necessary
in the future, at a minimum there should be a pedestrian walkway constructed within the r.o.w that
has been reserved on the plat.
The development is planned for large-lot commercial development so the long block length is
warranted with the connections noted above.
Storm water management: Two large stormwater management basins are proposed on outlots D
and E. The applicant is also proposing a linear stormwater and constructed wetland easement on
the south side of Oakdale Boulevard. Because a revised preliminary plat was submitted on March
26, the City Engineer has not had time to complete review of the proposed stormwater facilities. This
review should be completed prior to Commission's vote on the plat.
Energy and Communications Distribution Systems, Sanitary Sewers, and Water Systems:
Infrastructure necessary to provide electricity, communications, sewer and water must be designed
and constructed to City standards. Costs for these systems and required connections is the
responsibility of the developer. The City Engineer's office is reviewing revised plats and this review
should be completed prior to Commission's vote on the plat.
STAFF RECOMMENDATION:
Staff recommends deferral pending resolution of deficiencies and discrepancies noted. Upon
resolution of these items staff recommends that REZ10-00004 a rezoning of:
• approximately 60.32 acres of land from Interim Development-Research Park (ID-RP), to
Overlay Planned Development-Office Research Park, OPD-ORP
• approximately 56.48 acres of land from Interim Development- Research Park (ID-RP) to
Overlay Planned Development-Research Development Park (OPD-RDP); and
• approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to
Overlay Planned Development-Mixed Use, OPD-MU, be approved subject to a Conditional
Zoning Agreement (CZA) or specific restrictions noted on the Planned Development Plan
and plat requiring Planning and Zoning Commission approval of the final OPD site plans as
10
development occurs and a prohibition of Detached Single Family Dwellings, Two Family
Dwellings, and two-unit Attached Single Family Dwellings.
Upon resolution of deficiencies and discrepancies, staff recommends approval of SUB10-00005, a
preliminary plat for a12-lot, approximately 243-acre property located northwest of the interchange of
State Highway 1 with Interstate 80.
DEFICIENCIES AND DISCREPANCIES:
1. Various deficiencies and discrepancies noted by the City Engineer (Revised plats and
plans received March 26 and have not yet been reviewed.)
2. Final Wetland Delineation Report has not been submitted. (Must be approved by the U.S.
Army Corp of Engineers).
3. A construction limit line should be shown on lot 8 and Outlot D along the east side of the
area to be disturbed for the construction of Moss Place.
4. The sensitive areas plan shows proposed construction activity on lots 1, 8 and 12 and the
east side of Outlot F which would conflict with the required stream corridor buffer.
Construction activity and the construction limit line in these areas will need to be moved to
coincide with the outer limit of the required buffer.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Sensitive areas development plan
4. Preliminary planned development plan
5. Applicant's intent statement and drawings
Approved by: % ~/ " ' ~-~"`~~~~
Jeff Davidson, Director,
Department of Planning and Community Development
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Moss green Urban Village
Applicant's Statement for Rezoning
Proposed alongside this application for rezoning is the progressive, 170-acres, mixed-use project to be
known as Moss green Urban Village. The first of its kind in Iowa, Moss green Urban Village promises not
only thoughtful planning and innovation, but also environmentally conscious design, green building
techniques, and fresh technology implementations.
Currently the subject site is zoned ID-ORP. With this application, We are requesting that the entire 170-
acres be rezoned to Planned Development Overlay Zoning. OPD zoning is ideally suited for a project such
as Moss green Urban Village. Construction is specifically intended to occur within those areas currently
being farmed. This will create minimal impact on wooded areas, respect the existing land features and
protect sensitive areas. OPD Zoning will further provide the necessary flexibility in design considerations
such as land use, building placement, parking and purposeful use of open space.
Along with the request for rezoning we are asking for a building height and setback variance within the
OPD for the Moss green Urban Village. This project is to be developed using a conservation development
approach and to limit the disturbed areas. This can be achieved by building up rather than out. Buildings
are to be located closer to the right-of-way to shorten proposed utilities, and parking ramps are
encouraged, to minimize the impervious footprint.
Moss green Urban Village
Legal Descriptions
Moss green Urban Village
A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North,
Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat
Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa,
more particularly described as follows:
Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and
the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of
Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson
County, Iowa, containing 60.67 acres, more or less.
And
All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter
of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East
63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80
Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa, being more particularly described as follows:
BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a
distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South
82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23
feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North
88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of
2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South
89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of
2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less.
And
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6
West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of
the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal
Meridian,lohnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35
acres, more or less.
Moss green Urban Village
Requested Zoning Requirement Variations and Development Guidelines
Mixed Use Current Requirement Requested Variation/Guideline
Lots 1 and 12
Building Height 35' 20' min. 60' max.
Front Yard Setback 5'/15' 10' min. 20' max.
Side Yard Setback ~' 0~
Rear Yard Setback 0'/20' Construction Limit Line per SAPD
RDP Current Requirement Requested Variation
Lots 2, 3, 4, 7, 10 and 11
Building Height 45' 20' min. 60' max.
Front Yard Setback 20' 10' min. 20' max.
Side Yard Setback 0' 0'
Rear Yard Setback 0' Construction Limit Line per SAPD
ORP Current Requirement Requested Variation
Lots 5, 6, 8 and 9
Building Height None None
Front Yard Setback 150' 20' min. 60' max.
Side Yard Setback 100' 20'
Rear Yard Setback 100' Construction Limit Line per SAPD
Intestate 80 Setback 100' S0'
Parkins Garaee/Lot Guidelines Current Requirement Requested Variation
All Lots
Parking Garage Height None Comply with Zones listed above
Front Yard Setback - Must be located behind or
adjacent to the proposed
building. No parking lots
allowed closer to right-of-way
line than the front setback of the
proposed building(s).
Side Yard Setback - 10'
Rear Yard Setback - Construction Limit Line per SAPD
Intestate 80 Setback - 30'
PROJECT INTENT
With Moss green Urban Village, the objective will be to create a unique, pedestrian- friendly business,
research, commerce, and education community that will employ a comprehensive, holistic approach to
sustainability. By using green construction and infrastructure, the environment will take top priority in
this sustainable futures development.
DESIGN CONCEPT
Moss green Urban Village will consist of three distinct, yet tightly interwoven localities: an Office
Research Park zone, Research Development Park zone and aMixed-Use Village Area.
^ Mixed-Use Village Area (24.49 Ac.)
The vision for buildings in this area features ground-floor retail spaces, with professional office
spaces and apartments in the levels moving upward. Living spaces could extend to the ground
level as well. Permissible uses within this area will comply with those listed in the City's
ordinances for Mixed Use Zones (MU) and Commercial Office Zones (CO-1).
Research Development Park (56.48 Ac.)
The central portion of the development is a natural fit for a Research Development Park. This
area will allow for support companies to the ORP zone to be located in close proximity for
efficient business operations. Most of the buildings are expected to be build to suit. Permissible
uses within this area will comply with those listed in the City's ordinances for Research
Development Park Zones (RDP).
Office Research Park (60.32 Ac.)
The largest portion in terms of development area, the office park will accommodate any new
business, from
small, start-up companies, to large employer companies. Permissible uses shall comply with
those listed in the City's ordinances for Office Research Parks Zones (ORP).
Future Development Space (101.94 Ac.)
With uncertainty as to how the northern and eastern areas will develop, we have chosen to not
request a zoning change.
BUILDING GREEN
Collaboration in managing environmental and energy issues will be encouraged among entities owning
property and building in Moss green Urban Village. The United States Green Building Council's (USGBC)
Leadership in Energy and Environmental Design (LEED®) Bronze level certification will be recommended,
although development will not be limited to this metric if newer models, metrics or measures are
approved for use by a "Green Review Committee. "
This committee, appointed collaboratively by the City of Iowa City and the Developer, will be established
to review all construction projects brought to Iowa City. The committee will encourage environmental
stewardship through eco-friendly practices such as incorporation of green roofs, community
composting, rainwater irrigation, gray-water recycling, on-site waste management, lighting enhanced
with photovoltaic cells, use of glass-phalt or similar recycled product on bike trails and sidewalks, use of
native plantings, and smart site management to minimize grading impact to the native soils.
GREEN INFRASTRUCTURE
Green infrastructure will integrate functions and make life-giving processes visibility and meaning within
the development. Parks, trails, greenways, and other open spaces will be designed to link communities
within a regional landscape matrix, thus preserving open space as an integral part of new development.
This linking will also serve as a regenerative solution to urban challenges associated with storm water
management. For example, infiltration, underground chambers, and underground storage units will be
utilized in order to clean, contain and harvest rain water for reuse in irrigation.
Finally, design and layout will be intentional and particular. To limit soil contamination, new technology
pipe will be specified for sanitary sewer. To minimize change to natural topography, soils, and
vegetation, the proposed roadway alignment will be carefully planned to make the least impact on the
environment, yet remain practical and functional for its end users.
GREEN DEVELOPMENT
Utilizing three bridge crossings, the major efforts have been taken for ecological preservation, with
special attention being paid to the sensitive areas such as the existing features of Rapid Creek as well as
floodways, trees and woodland areas. Open spaces will feature park like areas within the 100-year
floodway, a potential amphitheater and meandering walking/biking trails.
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING,"
CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE,"
TO CHANGE THE EFFECTIVE DATE OF SECTION 313.1 OF THE INTERNATIONAL RESIDENTIAL
CODE.
WHEREAS, on December 1, 2009, the City adopted the 2009 edition of the International
Residential Code ("IRC"), which is codified at section 17-1;
WHEREAS, with limited exception, section 313.1 of the IRC requires that townhouses and one
and two family occupancies protect lightweight materials such as trusses or engineered lightweight
material in the structural floor or ceiling areas in a particular manner;
WHEREAS, said section was adopted on the assumption that the State would be requiring
sprinklers in single family homes and the State is no longer going to do require sprinklers in single family
homes;
WHEREAS, issues have arisen with the implementation of said section; and
WHEREAS, it is in the City's best interest to amend the effective date of said section to allow time
for a committee comprised of staff, the Greater Iowa City Area Home Builders Association ,the truss
manufacturing industry, area fire departments, and other interested parties to discuss this issue and make
further recommendation to City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 17, entitled "Building and Housing," Chapter 1, entitled "Building Code," Section 3, entitled
"Amendments to Code," is amended by deleting section 313.1 of the IRC in its entirety and substituting in
lieu thereof the following:
R313.1 Fire Protection Requirements for Townhouses and One Family and Two Family Occupancies.
Effective January 3, 2011, Townhouses and One Family and Two Family Occupancies incorporating
designed lightweight materials such as trusses or engineered lightweight material (including but not
limited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the structural floor or ceiling
areas, shall protect the floors/ceilings areas with not less than'/2 -inch gypsum board with joints taped
and fastener heads treated on the underside of the floor/ceiling system.
Exception:
1. If the underside of a floor system is a crawl space where no combustible materials
are stored.
2. If the townhouse has an automatic residential fire sprinkler system designed and
installed in accordance with Section P2904.
3. If the one family and two family occupancies has an automatic residential fire
sprinkler systems shall be designed and installed in accordance with Section P2904
or NFPA 13D.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2010.
MAYOR
Approved:
ATTEST:'
CITY CLERK
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 5 / l0 / 2010
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None.
ABSENT: Champion.
Second Consideration
Vote for passage:
Date published
~-~~
~r ,,
May 3, 2010
iowa City Board of Appeals
410 [Washington Street
Iowa City IA 52240
Dear Board of Appeals Members:
11 South Gilbert
RO. Box 3396
Iowa City, Iowa 52244
phone: (319) 351-5333
Fax: (319j 35$-2443
E-mail: jaan@hbaofic.org
www. iowacityhomes. com
Thank you for taking time to talk with us about the amendment for lightweight construction, Section
R313 of the 2009 International Residential Code. Doug Boothroy and Tim Hennes recommended the
formation of a review committee consisting of fire officials, board of appeals, truss manufacturers,
building officials and HBA members to review this amendment and make a recommendation on
supporting lightweight construction by January 2011. We believe this is a positive step toward
addressing an important issue in residential construction.
The Greater Iowa City Area Horne Builders Association supports the formation of a committee and will
work closely with the City to address this important issue related to fire safety in residential homes.
Sincerely,
41c~1~yryw
Rob Phipps
2010 President
Greater Iowa City Area Home Builders Association
~tffilitated with ;Vatiarz~rl~lssiu;iatia~x r~f'~onzt' 13uitclers & Harne t~uitders Assacdatian gjlt~rs~a
r!-
~:It°
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE MOSS
GREEN URBAN VILLAGE URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO
A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH SAID URBAN RENEWAL REDEVELOPMNENT PROJECT.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. passed and approved on the
day of , 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan")
for an urban renewal area known as the Moss Green Urban Village Urban Renewal Project Area,
(the "Urban Renewal Project Area"), which Urban Renewal Project Area includes the lots and
parcels located within the area legally described as follows:
MOSS-GREEN URBAN VILLAGE
A part of the subdivision of the Northeast One-Quarter of Section 3 5, Township 80 North, Range
6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page
11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly
described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six
(6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of
Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa, containing 60.67 acres, more or less; and
All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the
Southeast Quarter lying North of the Interstate 80 Right-of--Way line and the East 63.75 acres of
the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of--Way line, all of
said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson
County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter
Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson
County, Iowa;
THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of--Way line of
Interstate 80;
THENCE South 82°24' 15" West, along the North Right-of--Way line of Interstate 80, a distance
of 646.23 feet;
THENCE continuing west along the North Right-of--Way line of Interstate 80, North 88°11'05"
West, a distance of 1,731.77 feet;
THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast
Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian,
Johnson County, Iowa;
THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35,
Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a
distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less;
and
HILLS BANK & TRUST and NEAL N. LLEWELLYN:
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range
6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast
Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the
Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge
Street) containing 71.35 acres, more or less.
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of
Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance
of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the
division of revenue from taxation in the Urban Renewal Project Area, as above described, in
accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Urban Renewal Project
Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of
Iowa City, County of Johnson, Iowa City Community School District, and all other taxing
districts from and after the effective date of the Ordinance shall be divided as hereinafter in the
Ordinance provided.
Section 2. That portion of the taxes which would be produced by the rate at which the
tax is levied each year by or for each of the taxing districts upon the total sum of the assessed
value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll
as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa
City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness,
or bonds payable from the division of property tax revenue described herein, shall be allocated to
and when collected be paid into the fund for the respective taxing district as taxes by or for the
taxing district into which all other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be
paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay
the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether
funded, refunded, assumed or otherwise, including bonds or obligations issued under the
authority of Section 403.9 or 403,.12 of the Code of Iowa, as amended, incurred by the City of
Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken
within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for
the payment of bonds and interest of each taxing district shall be collected against all taxable
property within the Urban Renewal Project Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in the
Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban
Renewal Project Area as shown by the assessment roll referred to in Section 2 of the Ordinance,
all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area
shall be paid into the funds for the respective taxing districts as taxes by or for said taxing
districts in the same manner as all other property taxes.
Section 5. At such time as the loans, grants, rebates, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal Project
Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on
all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as
amended, with respect to the division of taxes from property within the Urban Renewal Project
Area as described above. In the event that any provision of this Ordinance shall be determined to
be contrary to law, it shall not affect other provisions or application of the Ordinance which shall
at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with
reference to the Urban Renewal Project Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Ap~ra~vetYby.
,~
\~~ ~. ,'
pity Attorney' ffice ~ ~_Z~ _~~
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 4/27/2010
Vote for passage: AYES: Hayek, Mims, Wilburn,
NAYS: None. ABSENT: None.
Second Consideration 5 F 10 / 2010
Vote for passage: AYES: Hayek, Mims, Wilburn,
ABSENT: Champion.
Date published
that the Ordinance
Wright, Bailey, Champion, Dickens.
Wright, Bailey, Dickens. NAYS: None.
~~ ~
Marian Karr
From: fared@eco-4. net
Sent: Thursday, May 06, 2010 10:46 PM
To: Marian Karr
Cc: Voldemars Pelds
Subject: Moss Green Urban Village
Dear Ms. Marian Karr,
On behalf of Moss Green Urban Village; we request that the second and third readings of
the Urban Renewal Plan and TIF Ordinance be consolidated at the next Iowa City Council
Meeting.
Sincerely,
Jared M. Vincent
Eco-4 Partners, LLC
515.975.9747
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
.,
5, ENTITLED MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED
"AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN
LIMITED AREAS IN THE DOWNTOWN.
WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes
to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation
and disorder;
WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation,
pressure, and harassment from solicitors;
WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an
interest in public safety, and an interest in the free flow of pedestrian traffic;
WHEREAS, solicitors on sidewalks near the entrance to a crosswalk cause pedestrians to cross
streets at places other than crosswalks;
WHEREAS, solicitors in close proximity to each other can impede pedestrian traffic and can be
intimidating;
WHEREAS, for purposes of understanding and enforcing the restrictions on soliciting in City Plaza,
a/k/a the ped mall, it is preferable to allow soliciting in a certain area rather than restricting it by varying
distances from sidewalk cafes, mobile venders, and the playground equipment;
WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right
to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to
protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are
unwelcome, to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
~~ ~~
1. Title 8, entitled "Police Regulations, Chapter 5, entitled Miscellaneous Offenses, Section 2,
entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following
new definitions:
"City Plaza" is defined in section 10-5-2 of this code.
"Crosswalk" is defined in section 9-1-1 of this code.
"Zone 3 of City Plaza" means "zone 3" as that term is defined in section 10-5-2 of this code.
2. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," Subsection A, entitled "Definitions," is amended by adding the following
to the definition of "aggressive soliciting":
Using a sign to solicit that includes obscene, profane or abusive language
3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," Subsection B, entitled "Illegal Activities," is amended by deleting it in its
entirety and substituting the following new Subsection B in lieu thereof:
B. In the "downtown" except for city plaza, it is illegal:
1. To solicit in an aggressive manner.
2. To solicit within ten feet (10') of the anchored or temporary fencing to a sidewalk cafe.
3. To solicit within ten feet (10') of any building.
4. To solicit within fifteen feet (15') of a crosswalk.
5. To solicit within twenty feet (20') of an automated teller machine.
6. To solicit within ten feet (10') of a mobile vendor.
7. To solicit within fifteen feet (15') of another solicitor.
In city plaza, it is illegal:
1. To solicit in an aggressive manner.
2. To solicit in a location other than the area in Zone 3 as illustrated in the map below.
3. To solicit within fifteen feet (15') of a crosswalk.
4. To solicit within twenty feet (20') of an automated teller machine.
Ordinance No.
Page 2
5. To solicit within ten feet (10') of a mobile vendor.
6. To solicit within fifteen feet (15') of another solicitor.
4. Title 8, entitled "Police Regulations, Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," Subsection C, entitled "Citations," is amended by deleting Subsection C
in its entirety and substituting the following new Subsection C in lieu thereof:
Except for soliciting in an aggressive manner, no person shall be cited under subsection B above unless
the person engages in conduct prohibited by said subsections after having been notified by a peace
officer that the conduct violates the City ordinance.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2010.
MAYOR
ATTEST:
CITY CLERK
Approa[~ed bye
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 4/27/2010
Vote for passage: AYES: Mims, Wilburn, Bailey, Champion, Dickens, Hayek.
NAYS: Wright. ABSENT: None.
Second Consideration 5/10/2010
Vote for passage: AYES: Mims, Wilburn, Bailey, Hayek. NAYS: Wright. ABSENT: Champi
ABSTAIN: Dickens.
Date published
City Plaz a
Soliciting Area
//~~ 0 50 100
The names of businesses are for purposes
of illustrating where soliciting is allowed
in City Plaza and where it is prohibited.
The names are subject to change.
Soliciting is prohibited in City Plaza except
in the areas marked by ®or within:
1. 20 feet of an ATM
2. 10 feet of a mobile vendor
3. 15 feet of another solicitor
Planter
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Apri12010
18
Marian Karr
From: KLEIN, GARRY S [garry-klein@uiowa.edu]
Sent: Wednesday, May 05, 2010 10:03 AM
To: Council
Subject: Ped Mall Ordinance
Attachments: Iowa City Council Members.docx
Please see attached.
Garry Klein
628 2"d Ave
Iowa City, IA 52245
This correspondence will become a public record.
5/5/2010
Dear Mayor Hayek and City Council Members,
I watched the City Council meeting last week and was particularly interested in an item pertaining to
reducing the area in which panhandlers and street musicians/buskers can operate. In the last two years,
there have been three different laws enacted to reduce aggressive panhandling and loitering in Iowa
City. As panhandling is a form of free speech (as is the right for a person to say "no" to panhandlers,
street musicians/buskers), I wonder how far the Council has decided to go to clear the Ped Mall and
downtown of "undesirables"?
Attempting to make persons who are seen as "problems" less visible is not likely to have the intended
result. If anything, it tends to exacerbate problems. As the links below highlight, homeless people are
being targeted nationally with increased violence toward them. The episode with John Deng untimely
and tragic death locally illustrates what can happen when the citizenry decide to take law into their own
hands.
Additionally, it is not a good precedent to set regarding any person's right of assembly and free speech:
Today the panhandlers, tomorrow who is next? We have already seen the chilling effect of
demonstrations being moved away from WHO conferences, political conventions, and even meetings
involving controversial figures. Sometimes defining what is in the public good is a gray line.
I understand that the council is a governing body that balances the needs of the whole community in
making decisions, but in this case, I perceive there also is another issue at play: putting commerce over
human rights. For some members, this creates a potential conflict of interest. For example, when
Council member Dickens, who has a business located on the Ped Mall, said that his customers told him
that they are afraid to come downtown to shop at his store, I believe he is in a position where his
judgment as a councilor may be impaired by his economic self-interest as a business owner. Not to put
too fine a point on it, I believe that any council member whose livelihood is impacted by clientele who
have businesses in the central district has to consider whether they are representing a constituency or
merely acting in their own self-interest. As I see it, in Council member Dickens' case, he would be correct
to recuse himself from voting on this issue, similar to how Council member Wilburn has chosen to do so
when he worked for the Crisis Center from the discussions of the Council's disbursement of human
services funding or more recently when he did not attend the meeting regarding the school district who
is his employer.
Finally, on a related issue, I want to applaud the city looking for creative avenues to support social
services in Iowa City. Iowa City has been a champion in Johnson county to attempt to meet human
service needs. I understand the use of "goodwill" meters has been helpful in Denver, CO for allowing for
more needed services. However, I don't think it is antithetical for a person who is homeless to use
services that are available and also seek to survive when other options are not possible. Given expensive
medications for those who are mentally ill and a need for funds to food or other basic necessities on
weekends and when social service agencies are closed or generally unable to meet the need (for
example any kind of overnight shelter for a person with a drug or alcohol addiction), it would be
shortsighted to believe that this good idea would "fix" what is hugely broken in our community. If Iowa
City is looking for a model to effectively deal with homelessness, I'd recommend also considering
adopting Denver's Road Home as a roadmap to address the full nature of the problem.
For other sources on the effects of law on the homeless:
http•//www nationalhomeless orb/publications/crimreport/summary.html
http•//www newsobserver com/2010/04/27/456497/soldier-arrested-in-assault-on.html
http•//www buzzle.com/editorials/1-14-2006-86377.asp
Denver's Road Home:
http://www.denversroadhome.or~/
Best regards,
Garry Klein
628 2"d Ave
Iowa City, IA 52245
319-354-2600
Page 1 of 1
~f~
Marian Karr
From: Darcy Bennett [dm.business@gmail.com]
Sent: Friday, May 07, 2010 10:33 AM
To: Council
Subject: Panhandling Ordinance
Attachments: Final Letter.docx
Hello all,
My name is Darcy Bennett and I am the Executive Business Director for the University of Iowa
Dance Marathon. We have been informed of the panhandling ordinance that is in the process of
being passed and would like to inform you how this ordinance may affect the University of Iowa
Dance Marathon. Please view the attached letter and feel free to direct questions to myself or the
other two representatives on the letter.
Thank you for your time!
Darcy Bennett
Darcy Bennett
Executive Business Director
The University of Iowa
Dance Marathon 2011
E-mail: dm.business(a(a~gmail.com
Phone: (563) 212-5114
www. dancemarathon. orb
"The best thing about miracles is that they happen."
"When cancer is stopped we will dance for joy. Until then, we DANCE4LIFE."
5/7/2010
UNIVERSITY OF IOWA n ~~ 145 Iowa Memorial Union
V Iowa City, Iowa 52242
319.353.2094
www.dancemarathon.org
dance marathon@uiowa.edu
CREATING TOMORROW BY DANCING TODAY
To Whom It May Concern:
We are representatives from the University of Iowa Dance Marathon. UI Dance Marathon is a student
philanthropy that raises funds and awareness for the pediatric oncology patients and families treated at the University of
Iowa Children's Hospital. The money raised by UI Dance Marathon goes to the University of Iowa Children's Hospital,
specifically pediatric oncology patients, families, staff and programs. This past year we raised $1,058,658.16 for pediatric
cancer patients and their families. With the money raised we provide financial, emotional and social support to these
families. Programs implemented from funds raised include Child Life Assistants, summer camps for oncology patients and
their siblings, hospital renovations and many more. UI Dance Marathon recently donated one million dollars to The
University of Iowa College of Medicine to fund renovations to a research laboratory, and the establishment of a research
fund. This will allow practitioners to conduct research in an updated facility with state of the art equipment.
Recently the Iowa City City Council proposed an ordinance to decrease the area that would allow panhandling to
occur in the downtown pedestrian mall. Panhandlers would be provided a very limited area in which they could ask for
donations. In compliance with this, public donation meters would be placed in the downtown area, providing the
community the opportunity to donate to programs for the poor and lower-income class.
While we understand the main objective of this new ordinance, it poses many problems for non-profit
organizations like UI Dance Marathon. One of our many fundraisers, dubbed "canning", invites dancers or student
participants to ask for donations in the pedestrian mall from approximately 11:OOpm until 2:OOam. On a full night, we will
allow up to 15 teams of two participants each to raise funds. In years past the organization has raised upwards of $30,000
from donations downtown. This fundraising opportunity allows students of any socioeconomic status to raise funds for
pediatric oncology, and continue participation in an educationally beneficial activity during late night, weekend hours.
The new ordinance will greatly decrease the amount of participants allowed to fundraise in this manner. This
ordinance will restrict us from having 15 teams, or 30 students, to approximately 5 teams, or 10 students per night. This
has the potential to greatly reduce the individual fundraising amounts these participants are able to bring in on a given
night, limiting their participation and potentially limiting their experience within the organization.
UI Dance Marathon is constantly revising the canning program to abide by city ordinances and University of Iowa
cash handling stipulations. We would be willing to make adjustments to our program in order to please the general public.
However, if this ordinance is passed in its current format, it may dramatically impact the downtown canning program's
effectiveness and efficacy. We ask that the city council please take into consideration a revision of this panhandling
ordinance to exclude or exempt non-profit organizations who can show documented proof of charity work reflected in
the community. UI Dance Marathon would be happy to attain any needed permits from the city to verify status as a
recognized student philanthropy or non-profit organization. We thank you for your time and invite any questions,
comments or concerns. You can contact us, please see our contact information below.
Sincerely,
Darcy Bennett
Business Director, UI Dance Marathon 2011
319-353-2094
dm.business@~mail.com
Elyse Meardon
Sponsorship Director, UI Dance Marathon 2011
319-353-2094
dm.sponsorship@smail.com
Mark Baccei
Assistant Director, Office of Student Life
Advisor, UI Dance Marathon
319-335-3059
mark-bacceiCc~uiowa.edu
Our Mission: university of Iowa
University of Iowa Dance Marathon creates and sustains special projects to provide emotional and financial support for pediatric ~ ~ Children's
oncology and bone marrow transplant patients and their families treated at University of Iowa Children's HospdaL Hospital
~/ ~'
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This guide is one in a series of crime prevention publications designed to equip current and potential Safe City partners
with low-cost tools to assess their crime problems and to develop strategies to address them. Other guides in this series
include vandalism, car crimes, public disorder, retail burglary, and shoplifting.
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~K~~~ pity is a model community-based initiative that aims to reduce crime, build awareness, and
develop communities into safer places to live, work, and shop. Community partners in cities across the
U.S. modify the model to best suit their needs and resources. The goal is to leverage existing resources
by building collaborative relationships between law enforcement, businesses, residents, government
leaders, property managers, and community organizations. This approach maximizes the tactical,
financial, technological, and human resources available to address a community's crime problems.
The Safe City model promotes partnerships and technical solutions as instrumental building blocks for
success. These partnerships are further strengthened by individual retailers taking ownership over the
crime and disorder problems occurring in and around their businesses.
Safe City has partnered with the Urban Institute, anon-profit policy research firm, to develop a variety
of crime prevention strategies for use in retail settings, many of which are inexpensive and easy to
implement. For more information about the Safe City program, please visit www.mysafecity.com.
For more information about the Urban Institute's justice policy research activities, please visit
www. urban.org/justice.
Panhandling is synonymous with begging
and typically involves individuals soliciting for
cash. However, panhandlers may also solicit
donations in exchange for nominal labor,
such as cleaning windshields, saving parking
spaces, guarding parked cars, or helping to
carry groceries. While panhandlers are typically
passive, some may become aggressive by
soliciting in a coercive or threatening manner.
Panhandling is often viewed as an indication
of social deterioration that can lead to more
serious crime.
PANHANDLERS. Panhandlers are typically
unmarried, unemployed men with few
family ties. Although often associated with
homeless populations, panhandlers may
not be homeless. Likewise, panhandlers
are not necessarily mentally ill. While many
panhandlers have criminal records, they are
also likely to have been victimized themselves.
People who engage in panhandling commonly
use the money for alcohol, drugs, and food.
PANHANDLING TARGETS. Panhandlers
target individuals perceived to be sympathetic
or generous, such as male-female couples,
conventioneers or tourists, college students,
women, and grocery shoppers.
LOCATION. Panhandlers strategically position
themselves in areas where soliciting yields
high returns, such as areas of high pedestrian
or vehicular traffic. Common panhandling
locations include: ATMs; pay phones; subway,
bus, or train stations; freeway entrances or
exits; grocery or convenience stores; and
crowded sidewalks. Other environments that
attract panhandlers include areas that provide
seating, easy access to restrooms or water, and
unsecured trash bins. Transient panhandlers
also migrate to areas where the climate is
warmer during the winter months.
TIME. Panhandling is more prevalent in
moderate climates and/or during warmer
weather months. It often increases during
periods of economic decline, when government
benefit programs decrease, or during periods
of high drug-abuse levels, such as the
crack epidemic.
Panhandling is legal in many jurisdictions.
However, even where it is not legal, police
typically tolerate or give a low priority to
passive panhandling activity. Police are more
likely to intervene in cases of aggressive
panhandling or when excessive panhandling
causes apprehension among the public. Even
then, arrests are rare and typically result in
the panhandler missing a court date or failing
to pay a fine, which ultimately may result
in a few days in jail. Enforcing laws against
panhandling plays a relatively small role in
controlling the problem. Public education to
discourage donations, and providing adequate
access and availability of social services -
especially treatment for drug or alcohol abuse
-are more effective tactics in a comprehensive
community response to panhandling.
This guide is designed to help you and
your partners understand and address
the panhandling problem affecting your
business area and to help promote
dialogue among retailers, police, and
community stakeholders about these
issues. Keep in mind that when
implementing these strategies you
should tailor your solution to the unique
nature of your crime problem and
business environment.
Other guides in this series address
vandalism, retail burglary, public
disorder, car crimes, and shoplifting.
Here are a few guiding steps that
can help prevent panhandling:
~1,.": Measure your panhandling problem.
~;2; Identify business practices that
may make you vulnerable to
panhandling.
3,'; Choose a practical strategy to
reduce panhandling and try it.
'4 i Measure your panhandling problem
again to assess the impact of
your strategy.
~_5r Modify your strategy if necessary.
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For citation purpo~es: La Vigne, Nancy G.,
Michelle L Scott, and Tobi Palmer. 2007.
"Preventing Panhandling." Washington, DC
The Urban Institute Justice Policy Center.
;' URBAN INSTITUTE ~'~
National
lusucc Yulir; Q:nn_r Institute
- of Justice
Opinions expressed in this document are [hose of the
authors and do not necessarily represent the official
position or policies of the U.S. Department otJustice,
the Urban Institute, its trustees, or its tunders.
t~c~ ~ .~ ~ .. _ -. to prevent panhandling, it is important to define the nature of the particular panhandling problem
for your area. Although there are many methods you may use to address panhandling on your own, acommunity-wide response that incorporates
other area businesses, agencies, and public services is beneficial to address any underlying community problems which may be related to panhandling.
Community partners should consider the questions that appear below. Answers to these questions will help you understand the problem affecting your
business area so that you can select an appropriate response strategy.
Are customers reluctant to patronize your business
because of panhandlers?
Are other area businesses having problems similar
to yours?
What are panhandlers doing to solicit donations?
Is panhandling particularly pronounced during certain
times of day, day of week, month, or season?
Are there specific locations that pose continuous
problems?
Are the panhandlers transient or "regulars"?
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Yes, businesses located along the same block have t#'e
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same issues.
Most panhandlers will ask a passerby for change.
There are more panhandlers on the weekends, when it is the
busiest. There is more activity in nicer weather months.
They mostly loiter on the sidewalk in front of the building
near the ATM.
I typically see the same 3 or 4 people panhandling.
What are the specific reasons an individual is panhandling? We asked the regular panhandlers and they said they often
Are they ill or unemployed, or are they "professionals"? make more money panhandling than working a minimum
wage job.
Does your city or town have a law or ordinance prohibiting
panhandling activity?
We checked with our city attorney and there is no city
ordinance related to panhandling.
How do the police respond to reports of panhandling?
What social services or agencies in your community can
you recommend to panhandlers in need of support?
I have called the police on occasion but they cannot
take enforcement action unless the panhandlers are
being aggressive.
I requested a list of social service providers from city hall
and learned about food/shelter providers as well as
employment services.
JJ fi/ 9P ~.a S ~/ 8-r ~ H 6 ~S~ A ~ 4... ._~t A.~ ~..P T ~4 ~6 ~ .,.:Y 1. }
r :: , .r; .' . with your partners to define the
panhandling problem for your area, you are ready to develop a response
strategy to prevent it. The following are strategies that can be used for
common panhandling scenarios. Do not forget that situations vary and
that yours may require a tailored response. In addition, be prepared
for potential implementation challenges, such as unanticipated costs
and delays in both the implementation and impact of your crime
prevention strategy.
Your measurement may also provide evidence that the strategy is not
reducing panhandling as you expected, suggesting an adjustment to the
response is in order. While you may note improvements immediately, it is
advisable to wait at least a few months after implementing a response
to see whether it has had an impact. The following table outlines ways
that you can measure the state of your panhandling problem, outcomes
that will indicate whether the panhandling problem has improved, and
possible data sources.
It is important to measure your panhandling problem before and after
initiated a response. Doing so will tell you whether the response you
selected is effective. Proof of effectively reducing panhandling (or any
other crime) can be useful in persuading other area businesses to join
collaborative efforts to reduce crime throughout the community.
When measuring outcomes it is important to note that a temporary
increase in reporting of incidents to police may represent a positive
outcome, indicating that community members are paying greater
attention to panhandling. However, reported incidents should decline
over time as the number of panhandlers decrease.
"Regular" panhandlers
• Number of known panhandlers Local police Discourage patrons from giving to panhandlers by handing out Fewer known
• Number of complaints • Business records educational brochures or posting educational signs panhandlers
• Number of calls for service Survey of customers Require panhandlers to obtain solicitation permits through a city Fewer complaints
• Level of concern about Personal ordinance or law Fewer calls for
panhandling observations Prohibit panhandling in specific locations (such as within 50 feet of service
ATMs or in particularly popular panhandling areas) through a city .Less concern about
• Number of customers avoiding ordinance or law panhandling
business Modify environment to discourage loitering or panhandling, for .Fewer customers
• Volume of litter and number of example remove benches or trees, install "no loitering" signs avoiding business
public urination incldents • Provide informational brochures about available social services Reduced litter and
to panhandlers signs of disorder
in panhandling
locations
Individuals offering nomina l services
• Number of complaints • Local police Control access to windshield washing materials, such as water or • Fewer complaints
• Number of calls for service • Business records areas to store buckets • Fewer calls for
• Number of known offenders Survey of customers Require all "vendors" to have permits service
• Level of concern about • Personal Initiate civilian patrols to monitor and discourage activity • Fewer known
offenders
observations • Prohibit interference with vehicles or edestrians throw h cit
p 9 Y offenders
• Type of serious offenses ordinance or law Less concern about
related to services
• Prohibit activity in specific locations, such as within 20 feet of offenders
• Number of customers intersections through city ordinance or law, or in specific commercial Less serious offenses
avoiding business parking lots through private property owner regulations • Increased number of
customers
• Fewer customers
avoiding business
Chronically intoxicated indi viduals
• Number of complaints Local police Prohibit alcohol sales of single serving containers of beer or wine Fewer complaints
• Number of calls for service Business records through city ordinance or law Fe~escalls for
• Number of intoxicated Survey of customers Initiate civilian patrols to monitor and discourage activity _~, seRV~
individuals in public Personal Modify environment to discourage loitering or panhandling, such
~ Fc~eT intoxicated
• Level of concern about observations ` irduals •~-~..
removing benches or trees ~~ ~
individuals Provide informational brochures about available social services and ° "t • Les4concern ab'~u~
substance abuse treatment to panhandlers with suspected alco~ w irtdi iduals
• Volume of litter and number of
public urination incidents drug addiction problems ~ ~~ ? (~uced litu`sir and
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originated to address increasing concerns of problems along Dalton's
one-mile stretch of Main Street's commercial corridor. DMSI is comprised
of a few dozen retail establishments and small community agencies
located along Main Street. DMSI members have a variety of concerns
and decided to begin by soliciting the opinions of Dalton's citizens with
a survey. The survey included several questions about each of the group's
concerns, including panhandling, vandalism, and disorderly youth. A
portion of the panhandling survey questions is provided here (see chart).
While surveying customers of each business and agency, DMSI also
mailed the survey to 500 randomly selected Dalton residents who lived in
close proximity to Main Street. After collecting survey information, DMSI
tabulated the survey results to guide their planning process. By far, the
greatest concern among survey respondents was panhandling. Given this
information, DMSI was better prepared to address a problem that likely
has a great impact on business along Main Street.
DMSI implemented the following changes to address panhandlers:
dissuade Main Street patrons from donating cash through poster and
brochure campaign; post "no panhandling" signs at each business; and
establish a civilian patrol to monitor panhandling activity. The group also
petitioned the town council to strengthen alcohol regulations and pass
a resolution prohibiting panhandlers from specific areas. In addition, a
subcommittee was formed to speak with the panhandlers about why they
solicit for money and what kind of help they need. The subcommittee
also gathered information about all social service providers and agencies
that could provide support services for panhandlers and shared the
information with the panhandlers and the full DM51.
DMSI decided that after six months of addressing panhandlers, they
would re-survey the community and determine if there have been any
improvements in shoppers' and citizens' perceptions of panhandling.
Very Somewhat Not at all
Disorderly Youth
Panhandling
Vandalism
Other
Increased Decreased Same
Disorderly Youth
Panhandling
Vandalism
Other
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Disorderly Youth Panhandling
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Here are examples of how other retail establishments addressed panhandling in their communities.
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The downtown business district of Evanston experienced a significant
increase in aggressive panhandling that threatened the vitality of
businesses. A panel of residents and representatives from business,
law enforcement, education, and religious groups formed to study
the problem and present strategies to prevent panhandling. The panel
decided to focus on changing the behaviors of the givers and reducing
the rewards (of money) to panhandlers. The group established a public
education campaign to educate givers and dissuade donations, and
selected individuals spoke directly with givers on the street to direct
them to alternative methods of assistance. The police increased patrols
throughout the business district. After several months, the number
of panhandlers in the district dropped from 36 to 23, a 64 percent
reduction; the panhandlers that remained were much less aggressive.
In a survey of downtown business owners, 75 percent of respondents
were satisfied with the strategies to reduce panhandling and felt the
aggressive panhandling had declined (Anti-Panhandling Strategy, Evanston,
Illinois 1995).
7b~~I i`5 ~i~.~. _,: ... __.
State Street businesses and the Madison Police Department partnered
to address aggressive panhandling. After studying the panhandlers and
their habits along State Street, The partnership determined that changes
to the panhandling ordinance were in order. The city ultimately passed
an amendment and police officers educated the panhandlers about the
new regulations and gave them warnings for violations. To clarify the
ordinance even further, the partnership identified two locations to be
legal sites for panhandling. These changes resulted in a decrease from 80
panhandlers along State Street to only two. State Street also experienced
a 50 percent decrease in transports due to alcohol incapacitation (State
Street Spare Change: Solution for Rampant Menacing and Aggressive
Panhandling 2006).
~.
The City of Vancouver experienced aggressive panhandling and squeegee
activity near a downtown intersection. The neighborhood policing center,
a partnership with business owners, Vancouver police, and residents,
initiated several projects to address the problem. Police increased patrol
and enforcement activities and developed a list of repeat offenders. The
partnership removed a bench used primarily by intoxicated people, as
well as newspaper boxes, which people used to hide bottles or squeegee
materials. Two banks at the intersection eliminated alcoves and ledges,
which provided shelter and hiding spaces for unwanted individuals. In
addition, the partnership redesigned landscaping and removed graffiti
near the intersection. After three months of implementation, calls to
police decreased by more than 50 percent compared to the previous year
(Intersecting Solutions 1999).
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• Your Local Police Department
• Your Local Safe City Partnership
• Center for Problem-Oriented Policing: www.popcenter.org
• Public Safety Education Unit: www.pseu.info/publicdisordershtml
• PBS/Web Lab's NeedCom Market Research for Panhandlers: www.pbs.org/weblabineedcom/home2.htm1
• Memphis Center City Commission: www.downtownmemphis.com/domain/cleansafelcleansafe_panhandling.asp
• Criminal Justice Legal Foundation Guide to Regulating Panhandling: www.cjlf.org/publctns/Panhandling/Plll.htm
• National Crime Prevention Council: http://www.ncpc.org
• Small Business Administration: www.sba.gov
• National Retail Federation: http://www.nrf.com
• National Restaurant Association: www.restaurant.org
• National Association of Convenience Stores: http://www.nacsonline.comINACS/default.htm
Sources consulted for this guide include:
Anti-Panhandling Strategy. 1995. Evanston, Illinois: www.popcenter.orgllibrarylgoldsteinl1995195-22.PDF
Intersecting Solutions. 1999. Vancouver Police Department, Canada: www.popcenter.orgllibrarylgoldsteini1999/99-70(F).pdf
Scott, Michael C. 2002. Panhandling. Problem-Oriented Guides for Police Series, No. 13. Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services.
Available: httpalwww.popcenter.orglProblems/problem-panhandling.htm.
State Street Spare Change: Solution for Rampant Menacing and Aggressive Panhandling. 2006. Madison, Wisconsin: www.popcentecorgllibrarylgoldstein/2006!06-31.pdf
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Iowa City Citizens Community Committee
Mr. Libris Fidelis, founder
Post Office Box 2164
Iowa City, Iowa 52244
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May 10, 2010 %'-T° -c '~""
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To Iowa City Council =ice
presented in person ;°~~;.; --a
Iowa City, Iowa ~ ~ a
Topic: A Prejudiced Ordinance To Exclude Citizenship < ;
'~._ ~
The pending Iowa City ordinance concerning the allegations of "panhandling" is both labeled vVi#h prejudice
and is excessive in its effect upon denying basic United States civil and Constitutional rights to a minority of
this City's impoverished citizens.
In the four years that I have lived downtown in Capitol House Apartments, I have regularly almost daily made
at least six or more round trips per week walking on the downtown sidewalks and right through the Ped Mall,
which is now being labeled by the Sheriton Hotel as City Plaza. Those daily walks have been especially going
to the Wesley Center Free Lunch program on north Dubuque Street from Capitol House Apartments, but also
randomly going to The Wedge for occasional breakfasts, to the Iowa City Public Library, to Bread Garden
Market for groceries, to the post office, to the downtown transit center, to Old Capitol Mall, and to various
food establishments for meals. Never in my four years of walking downtown have I witnessed anything
remotely resembling what is described in the proposed ordinance as aggressive behavior as the result of the
impoverished solicitations that have regularly been asking for charitable assistance from the present public.
Yes, I have witnessed the very rare occasional minor violent or threatening gang altercations in the Ped Mall
area, but those are very rare and has never involved impoverished solicitors who are regularly asking for
charitable handout donations.
There are two very serious civil rights denial issues that our city is attempting to pass in to ordinance. First is
to deny by city ordinance the right of certain minority citizens to be present in certain locations of our City. The
second is to deny by City ordinance the right of certain citizens to communicate their plight with the public in
the hope that some minor monetary aid will be forthcoming from an understanding and sympathetic public.
Any restriction or denial of these two basic fundamental human and Constitutional rights results in civic
disqualification of citizenship rights upon a certain selected disadvantaged segment of our society. Such an
act by ordinance if passed by Iowa City Council will be therefore a response to a perceived non-reality that
the issue might concern public safety when directed to historically peaceful impoverished solicitors. But
rather, this is actually a personal vendetta by certain commercial economic special interests that originates
from a dislike for seeing in the public presence the apparent low-income or non-income disadvantaged
citizens who come to the central downtown area to solicit for generous but meager charitable assistance.
The end result if this ordinance is approved by Iowa City Council will be a prejudiced ordinance that is aimed
at excluding citizenship on a particular segment of our society just because of their personal appearance
and activity to solicit charitable handouts in a typically peaceful manner.
This Committee urges that this ordinance must be stopped now by a City Council vote against passage. It is
both immoral and presents acaste-making precedence for our City, which I believe will only result in a very
probable civil rights lawsuit which our city cannot win and which will incur the wasted legal expenses thereto
for our City to pay. Vote against this potentially tragic and defaming ordinance now.
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Mr. Libris Fidelis, founder
Iowa City Citizens Community Committee
t,. ~s
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER
10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT SMOKING THROUGHOUT CITY
PLAZA AND NEAR SIDEWALK CAFES AND TO MAKE THE SMOKING PROHIBITION AT
THE FARMERS MARKET CONSISTENT WITH THE EXPANSION IN HOURS AND
LOCATION.
WHEREAS, the Smokefree Air Act ("the Act"), which is codified at chapter 142D of the Code of Iowa,
prohibits smoking in many public places;
WHEREAS, the Act allows the City to declare additional areas within its custody or control, which are
otherwise exempt under the Act, to be nonsmoking places;
WHEREAS, the City previously declared a portion of City Plaza, a/k/a the ped mall, to be smoke free;
WHEREAS, the City previously declared Chauncey Swan Ramp and Park to be smoke free
beginning thirty (30) minutes prior to the Farmers Market;
WHEREAS, smoking should be prohibited. within ten (10) feet of all sidewalk cafes not in City Plaza;
and
WHEREAS, it is in the City's best interest to declare the entire City Plaza to be smoke free, to prohibit
smoking within ten (10) feet of sidewalk cafes located outside City Plaza, and to make the smoking
prohibition during the Farmers Market consistent with the change in hours of the market and the
expansion of the market onto Washington Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 1,
entitled "Smoke Free Places Itemized," is amended by deleting Subsections B, C, D, O, and P in their
entirety and substituting the following new Subsections in lieu thereof:
B. Municipal Parking Ramps except in privately owned vehicles that are not located in the Chauncey
Swan Parking Ramp during the Farmers Market as provided in this Section.
C. City plaza except the public alleys. "City plaza" is defined in section 10-5-2 of this code.
D. The area between the public library and Linn Street including the sidewalk, as illustrated on the
diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in city plaza. "Sidewalk
cafe" is defined in section 10-3-1 of this code.
O. Farmers Market beginning thirty (30) minutes prior to the opening of the Farmers Market.
"Farmers Market" is defined in section 10-11-1 of this code.
P. The area within fifty feet (50') of any outdoor stage or location where musicians are performing
during any outdoor entertainment venues where members of the general public assemble to witness
entertainment events, such as but not limited to Arts Fest and Jazz Fest.
2. The diagram at the end of Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke
Free Places," Section 1, entitled "Smoke Free Places Itemized," is deleted in its entirety and the following
new diagram is substituted in lieu thereof.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2010.
MAYOR
ATTEST:
CITY CLERK
Approved by
~-~a c ,«
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 4 / 2 7 / 2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration 5/10/2010
Vote for passage: AYES: Wilburn,Wright, Bailey, Dickens, Hayek, Mims. NAYS: None.
ABSNET: Champion.
Date published
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Prepared by: Brad Neumann, JCCOG, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 10-4389
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS,"
SUBSECTION B, ENTITLED "EXCEPTIONS."
WHEREAS, the current Iowa City Code Section 9-3-6(B) does not define the speed limit for Taft
Avenue between Lower West Branch Road and American Legion Road; and
WHEREAS, the City wishes to amend the maximum speed limits by reducing the speed limit from 55
miles per hour (not posted) to 35 miles per hour and clarify the location where those limits apply; and
WHEREAS, increased vehicle, pedestrian, and bicycle use from increased development are
contributing factors in the corridor described above; and
WHEREAS, it is in the public interest to reduce maximum allowable speeds for all vehicles on that
portion of Taft Avenue described above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions' is hereby amended by adding the
following language under the headings of "Name of Street" and "Maximum Speed Limit (MPH)" and
"Where Limit Applies":
Maximum
Speed Limit
Name of Street MPH Where Limit A lies
Taft Avenue 35 Between Lower West Branch Road and
American Le ion Road
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this 10th day of M~ , 2010.
~'~t
MAYOR
ATTEST: ~iL'U
I LERK
Approved by
City Attorney's Office
~~~o
jccogtp\ORD\OldHwy218SpeedRestrictl2 4 09.dw
Ordinance No. 10-4389
Page 2
It was moved by Bailey and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
~- Dickens
~_ Hayek
x Mims
g Wilburn
x Wright
First Consideration 4/27/2010
Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 5 / 19 / 2010
Moved by Bailey, seconded by Wright, that the rule requiring ordinances to be considered any
voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this. time. AYES: Wright, Bailey, Dickens, Hayek, Mims,
Wilburn, NAYS: None. ABSENT: Champion.
M~ ~.{~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. ~ ~-4390
ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED
"GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER-
OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND
AND SUBSEQUENT VIOLATIONS UNDER BOTH THE ZONING CODE AND THE HOUSING CODE.
WHEREAS, in Ordinance No. 09-4332, City Council increased the civil penalties for violating the
maximum occupancy limits of dwelling units under the Zoning Code to $750.00 for first violation and
$1,000 for second and subsequent violations; and
WHEREAS, the Housing Code also limits the maximum occupancy of dwelling units;
WHEREAS, the current civil penalties for violating the maximum occupancy limits under the Housing
Code is $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent
violations; and
WHEREAS, the civil penalties for over-occupancy should be the same regardless if a person is cited
under the Zoning Code or the Housing Code; and
WHEREAS, it is in the best interest of the City to raise the civil penalty for over-occupancy under the
Housing Code to $750.00 for first violation and 1,000.00 for second and subsequent violations.
NOW, THEREFORE, BE IT ORDAINEQ BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil
Penalties for Municipal Infractions," Subsection D2 is hereby amended by deleting it in its entirety and adding
the following new Subsection D2 in lieu thereof:
The civil penalty for violation of sections 14-2A-5, 14-26-5, and 17-5-19X1 shall be punishable as
provided in the following schedule for each day a violation exists or continues:
First offense $ 750.00
Second and subsequent offense $1,000.00
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional,. such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved thislOth day of Mav , 2010.
/ ~' Cl ..
MAYOR
ATTEST: iY~'(r~.w-~r,->i % /l - 7''S ~t~t/
CITY ~LEC RK ~, ~
Approved by ~`v''L' 3 ' a ~ - ( U
City Attorney's Office
Ordinance No. 10-4390
Page 2
It was moved by Wright and seconded by Wilburn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x Champion
_~_ Dickens
_~ Hayek
x Mims
x Wilburn
x Wright
First Consideration
Vote for passage: AYES:Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek.
NAYS: None. ABSENT: None.
Second Consideration 4/27/2010
Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
NAYS: None. ABSENT: None.
Date published 5/19/2010