HomeMy WebLinkAbout2015-04-21 OrdinancePrepared by: John Yapp, Development Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-
00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made betweehe City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Pleiades LLC (h reinafter "Owner"), ad Focus Commercial Real Estate
LLC (hereinafter "Applicant").
WHEREAS, Owner is the le' al title holder of app ximately 4.26 acres of property
located at the north east corner of Du uque Rd and N Dodge/St in Iowa City; and
WHEREAS, the Owner has rekluested the rezonin of said property from Low Density
Single Family (RS -5) to Mixed Use (M ; and
WHEREAS, Iowa Code §414.5 015) provides hat the City of Iowa City may impose
reasonable conditions on granting an a plicant's rez ing request, over and above existing
regulations, in order to satisfy public need caused by a requested change; and
WHEREAS, the Owner acknowle
reasonable to ensure the development of
Plan specifically the need for additional land
parking area, and addressing the size of th
parking that can be paved unless a need for
WHEREAS, the Planning and Zoning
conditions regarding landscaping and the
zoning is consistent with the Comprehensive
NOW, THEREFORE, in consideration of
agree as follows: j
ges th certain conditions and restrictions are
e pro erty is consistent with the Comprehensive
apin at the west and north sides of the proposed
e ar ng area through a limitation on the amount of
a it' nal parking can be demonstrated; and
mission has determined that, with appropriate
of the proposed parking area, the requested
I; and
al promises contained herein, the parties
1. Pleiades, LLC is the legal title hoyder of the pllpperty legally described as:
A PORTION OF THE SOUT AST QUAR ]
AND A PORTION OF T NORTHEAS
QUARTER ALL OF SECTI 2, TOWNSHIP
FIFTH PRINCIPAL ME DIAN, IOWA Cl
INCLUDING A PORTION F LOTS 2 AND 3 <
IN ACCORDANCE WIT THE PLAT THERE
AT PAGE 146 OF THE RECORDS OF THE
OFFICE, DESCRIBED FOLLOWS:
Beginning at the Sot
Section 2, Township
Johnson County, Io,
185.85 feet; Thence
Point on the Nor
S53°42'55"W, alora
Z OF THE NORTHWEST QUARTER
QUARTER OF THE SOUTHWEST
9 NORTH, RANGE 6 WEST, OF THE
Y, JOHNSON COUNTY, IOWA,
JACOB RICORD'S SUBDIVISION,
D RECORDED IN DEED BOOK 15
JO SON COUNTY RECORDER'S
.vest Corner of the Southeast Qu er of the Northwest Quarter of
#rNorth, Range 6 West, of the Fifth rincipal Meridian, Iowa City,
Thence N18°00'31"E, along the enterline of Dubuque Road,
88°45'25"E, 301.21 feet; Thence S3 °18'18"E. 261.91 feet, to a
;rly Right -of -Way Line of Iowa Highway No. 1; Thence
said Northerly Right -of -Way Line, 496.25 feet; Thence
ppdadaVagUcza- pleaides (2).doc 1
S57°59'36"W, along said Northerly Right -of -Way Line, 117.95 feet, to its intersection
with the Easterly Right -of -Way Line of said Dubuque Road; Thence N18° 11'31 "W,
along said Easterly Right -of -Way Line, 65.81 feet, to the Southwest Corner of Lot 2 of
Jacob Ricord's Subdivision, in accordance with the Plat thereof Recorded in Deed Book
15, at Page 146 of the Records of the Johnson County Recorder's Office; Thence
N01 ° 11'05 "E, along the East Line of said Lgr'2, a distance of 1;1
4.60 feet, to the Point of
Beginning. Said Tract of Land contains .4.26 Acres, and is ubject to easements and
restrictions of record. /
2. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject propert will conform to I requirements of the zoning
chapter, as well as the following conditio s:
A. General conformance with the site coilicept plan dat d March 5, 2015 attached hereto
and incorporated by reference herein.
s
B. Staff approval of a landscaping plan in'conjuncti n with site plan approval for Lot 1 of
Pleiades First Addition in conformance ith the ite concept plan dated March 5, 2015,
showing a minimum S3 screening alon the est and north sides of the parking area
including a minimum15 foot setback an be m separating the parking area from the
Dubuque Rd right of way, and no parkin s IIs directly opposite the RS -5 zone on the
west side of Dubuque Rd.
C. Parking along the north east sides of th arking area, identified as 'Phase 2 Parking'
on the attached site concept plan, r m in unpaved unless approved by the City
Manager, or designee, based on evid nce f need.
3. The conditions contained herein are r asonabl conditions to impose on the land under
Iowa Code §414.5 (2015), and that id conditi ns satisfy public needs that are caused
by the requested zoning change.
4. In the event the subject propert is transferred, old, redeveloped, or subdivided, all
redevelopment will conform with a terms of this C nditional Zoning Agreement.
5. This Conditional Zoning Agre ent shall be deeme to be a covenant running with the
land and with title to the land, and shall remain in full rce and effect as a covenant with
title to the land, unless or un
I released of record by th City of Iowa City.
The parties further acknowledge that this agreement sha inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
6. Nothing in this Conditiopal Zoning Agreement shall be const ued to relieve the Owner or
Applicant from comply'' g with all other applicable local, state,', and federal regulations.
7. This Conditional Z ning Agreement shall be incorporated by reference into the
ordinance rezoning he subject property, and that upon adoption and publication of the
ordinance, this agr ement shall be recorded in the Johnson County Recorder's Office at
the Applicant's ex ense.
Dated this day of
ppdadm/agUcza- pleaides (2).doc 2
ON
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMEI4T :
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me
Hayek and Marian K. Karr as Mayor and City CIE
FOCUS COMMERICAL REAL EST
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknoied
in
En
, 20_ by Matthew J.
ly, of the City of Iowa City.
Publics in and for the State of Iowa
(Stamp or Sea -b
Title (and Rank))
LLC ACKNOWLEDGISMENT:
before me on
as
20_ by
of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
ppdadm/agVcza- pleaides (2).doc 3
Title (and Rank)
PLEIADES, LLC ACKNOWLEDGMENT:
State of _
County of
This record was acknowledged before me on (Date)
by (Name(s) of Individual(s)
(type of a thority, such as officer or trustee) of
(name party on behalf of whom record
was executed).
i
Notary Pu lic in and for the State of Iowa
p Or Seal)
Title (ind Rank)
My 4orhmission expires:
ppdadm/agt/cza- pleaides (2).doc 4
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CITY OF IOWA CITY
-CITYOF IOWA CITY
MEMORANDUM
UUN�NEES�S;C��O CITY OF LITERATURE
Date: April 15, 2015
To: Tom Markus, City Manager
From: John Yapp, Development Services Coordinator
Re: REZ15-00002: Request for a rezoning from Single Family Residential (RS -5) Zone to
Mixed Use (MU) Zone associated with Pleiades First Addition — Revised site concept
plan
Introduction:
Following the Planning and Zoning Commission's April 16 meeting, the applicant for REZ15-
00002 revised their site concept plan to remove all parking spaces from the west side of the
proposed parking area (see attached site concept plan).
History/Background:
Consistent with the recommendation of the Planning and Zoning Commission, the site concept
plan has been revised by removing parking spaces from the west side of the parking area. The
west side of the parking area was of concern due to the residential zoning on the west side of
Dubuque Road. The applicant has also shown enhanced screening and landscaping along the
west side of the parking area to screen it from Dubuque Road.
Recommendation:
Staff recommends approval of this site concept plan as a part of approval of the Conditional
Zoning Agreement for this rezoning request. The site concept plan will be attached to the
Conditional Zoning Agreement.
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04-21-15
6a
Prepared by: John Yapp, Development Services Coor., PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5252 (REZ15-00002)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.26 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF DUBUQUE RD AND N DODGE ST, FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO MIXED USE (MU). (REZ15-00002)
WHEREAS, the Applicant (Focus Commercial Real Estate, LLC) and Owner (Pleiades, LLC) have
requested a rezoning of property located at the north east corner of Dubuque Rd and N Dodge St from Low
Density Single Family Residential(RS-5) to Mixed Use (MU); and
WHEREAS, the Comprehensive Plan, specifically the North District Plan indicates that Mixed Use is
appropriate at the NE corner of Dubuque Rd and N Dodge St; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for additional landscaping on the west and north sides of the proposed parking area, and addressing
the size of the parking area through a limitation on the amount of parking that can be paved unless a need for
additional parking can be demonstrated; and
WHEREAS, Iowa Code §414.5 (2015) 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 and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Low Density
Single Family (RS -5) to Mixed Use (MU):
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A
PORTION OF LOTS 2 AND 3 OF JACOB RICORD'S SUBDIVISION, IN ACCORDANCE
WITH THE PLAT THEREOF RECORDED IN DEED BOOK 15 AT PAGE 146 OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS
FOLLOWS:
Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of Section
2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence N18°00'31"E, along the Centerline of Dubuque Road, 185.85 feet; Thence
S88°45'25"E, 301.21 feet; Thence S36°18'18"E. 261.91 feet, to a Point on the Northerly Right -
of -Way Line of Iowa Highway No. 1; Thence S53°4255"W, along said Northerly Right -of -Way
Line, 496.25 feet; Thence S57°59'36"W, along said Northerly Right -of -Way Line, 117.95 feet, to
its intersection with the Easterly Right -of -Way Line of said Dubuque Road; Thence
N189 931 "W, along said Easterly Right -of -Way Line, 65.81 feet, to the Southwest Corner of Lot
2 of Jacob Ricord's Subdivision, in accordance with the Plat thereof Recorded in Deed Book 15,
at Page 146 of the Records of the Johnson County Recorder's Office; Thence N019 1'05"E, along
the East Line of said Lot 2, a distance of 334.60 feet, to the Point of Beginning. Said Tract of
Land contains 4.26 Acres, and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
MAYOR
ATTEST:
CITY CLERK
Appr ved by
City Attorney's Office )� /S
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
Vote for passage:
Dobyns, Hayek.
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
04/21/2015
AYES: Mims, Payne, Throgmorton, Botchway,
NAYS: None. ABSENT: Dickens.
that the
Prepared by: John Yapp, Dev.Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Pleiades LLC (hereinafter "Owner"), and Focus Commercial Real Estate
LLC (hereinafter "Applicant").
WHEREAS, Owner is the legal title holder of approximately 4.26 acres of property
located at the north east corner of Dubuque Rd and N Dodge St in Iowa City; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single Family (RS -5) to Mixed Use (MU); and
WHEREAS, Iowa Code §414.5 (2015) 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 specifically the need for additional landscaping at the west and north sides of the proposed
parking area, and addressing the size of the parking area through a limitation on the amount of
parking that can be paved unless a need for additional parking can be demonstrated; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding landscaping and the size of the proposed parking area, the requested
zoning is consistent with the Comprehensive Plan; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Pleiades, LLC is the legal title holder of the property legally described as:
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL
OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
LOTS 2 AND 3 OF JACOB RICORD'S SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN DEED BOOK 15 AT PAGE 146 OF THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE, DESCRIBED AS FOLLOWS:
Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of
Section 2, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City,
Johnson County, Iowa; Thence N18°00'31"E, along the Centerline of Dubuque Road,
185.85 feet; Thence S88°45'25"E, 301.21 feet; Thence S36°18'18"E. 261.91 feet, to a
Point on the Northerly Right -of -Way Line of Iowa Highway No. 1; Thence S53042'55"W,
along said Northerly Right -of -Way Line, 496.25 feet; Thence S57°59'36"W, along said
Northerly Right -of -Way Line, 117.95 feet, to its intersection with the Easterly Right -of -
Way Line of said Dubuque Road; Thence N18°11'31"W, along said Easterly Right -of -
Way Line, 65.81 feet, to the Southwest Corner of Lot 2 of Jacob Ricord's Subdivision, in
ppdadm/agt/cza- pleaides.doc
accordance with the Plat thereof Recorded in Deed Book 15, at Page 146 of the
Records of the Johnson County Recorder's Office; Thence N01'1 1'05"E, along the East
Line of said Lot 2, a distance of 334.60 feet, to the Point of Beginning. Said Tract of
Land contains 4.26 Acres, and is subject to easements and restrictions of record.
2. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
A. Development shall be in general conformance with the site concept plan dated March
5, 2015 attached hereto and incorporated by reference herein.
B. Staff approval of a landscaping plan shall be required in conjunction with site plan
approval for Lot 1, Pleiades First Addition, in conformance with the attached site
concept plan, showing a minimum S3 screening along the west and north sides of the
parking area, a minimum15 foot setback and berm separating the parking area from
the Dubuque Rd right of way, and no parking stalls directly opposite the RS -5 zone on
the west side of Dubuque Rd.
C. Parking along the north and east sides of the parking area, identified as 'Phase 2
Parking' on the attached site concept plan, shall remain unpaved unless approved by
the City Manager, or designee, based on evidence of need.
3. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused
by the requested zoning change.
4. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this Conditional Zoning Agreement.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of , 20_
CITY OF IOWA CITY
Matthew J Hayek, Mayor
ppdadm/agUcza- pleaides.doc 2
Attest:
Marian K. Karr, City Clerk
Approved by:
u .1"'
4 -"City Attorney's Office 2( iS
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
Zz
20_ by Matthew J. Hayek and
Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
FOCUS COMM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
_LC ACKNOWLEDGEMENT:
This instrument was acknowledged before me on 20 1-5 by
as of cv-s Caw Inc.
Notary Public in and for said County and State
(Stamp or Seal),.;;
T- Con hlumti r 742-151
•E My CM eAo n !-as
ppdadm/agt/cza- pleaides - clean 4-16-15.docx 3
Title (and Rank)
PLEIADES, LLC ACKNOWLEDGMENT:
Mary Hitch'll-
Member
State of
Fl -
County of L,,_
This record was ackn Wedged before me onq �j? (Date)
by ar /c ca (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
P e.r,-Jes LLL (name of party on behalf of whom record was
executed).
of ublic in an ort to of Iowa
CNAD CANFIELD
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CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
CITY OF IOWA CITY
MEMORANDUM
Date: March 19, 2015
To: Planning and Zoning Commission
From: John Yapp, Dev. Services Coordinator 7y ----
Re: REZ15-00002: Additional information associated with Pleiades First Addition
Following the Commission's March 16 Work Session, staff received an updated site concept for
the proposed development of Lot 1 of Pleiades First Addition, including a graphic of a berm and
shrubbery along the west side of the proposed parking area. Staff will incorporate reference to
the berm in its recommendation. Please note the site will be required to comply with all City tree
and screening requirements, and that staff has recommended a higher level of screening along
the west and north sides of the parking area (Screening to the `S3' standard).
Staff also notes the # of parking spaces in `Phase 1' has increased to 180 spaces. Staff is
maintaining its recommendation that the parking along the north and northeast sides of the
proposed parking area remain unpaved unless approved by the Director of Neighborhood and
Development Services based on evidence of need.
Staff Recommendation
Staff recommends approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5)
to Mixed Use (MU) for 4.26 acres of property located at the northeast corner of Dubuque Road
and N. Dodge Street subject to a Conditional Rezoning Agreement requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a
minimum S3 screening along the west and north sides of the parking area, and a minimum
15 foot setback including a berm separating the parking area from the Dubuque Rd right of
way.
2. Parking along the north and northeast property lines of Lot 1, identified as `Phase 2
Parking' on the Site Concept Plan, remain unpaved unless approved by the Director of the
Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan dated March 5, 2015.
Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot,
7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street.
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp and Bailee McClellan,
Planning Intern
Item: REZ15-00002/SUB15-00004
Pleiades First Addition Date: March 19, 2015
GENERAL INFORMATION:
Applicant: Focus Commercial Real Estate, LLC
1805 State Street, Suite 101
Bettendorf, IA 52722
Contact: Jason Harder
319-360-2564
jasonh@buildtosuitinc.com
Property Owner: Pleiades LLC
6320 Berkshire Pass
Leesburg, FL 34748
Requested Action: Rezoning from Low Density Single Family
Residential (RS -5) to Mixed Use (MU) for one lot
(4.26 acres) and Preliminary Plat approval for the
entire property
Purpose: To allow a 2 -lot subdivision and development of a
medical clinic
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
Dubuque Road and N. Dodge Street
7.15 acres
Vacant, RS -5
North: Residential, OPD -5
South: Developing Residential, RM -12 and Vacant,
RS -8
East: Sensitive Areas, RS -5
West: Commercial, CN -1 and Residential, RS -8
North District Plan
N1- Dubuque Road
January 29, 2015
Waived to March 19
2
BACKGROUND INFORMATION:
The applicant, Focus Commercial Real Estate, LLC, has requested a rezoning from Low Density
Single Family Residential (RS -5) zone to Mixed Use (MU) zone for 4.26 acres of property and
preliminary plat approval of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision located at the
northeast corner of Dubuque Road and N. Dodge Street. Lot 1 of the proposed subdivision
consists of the southwestern 4.26 acres of the property and Lot 2 consists of the northeastern
2.78 acres. 0.32 acres will be dedicated as a right-of-way along Dubuque Road. The applicant has
requested a rezoning for Lot 1 to the MU zone to allow for the development of a medical clinic.
The applicant has used the Good Neighbor policy and held a neighborhood meeting on March 10.
A summary of the Good Neighbor meeting is attached.
ANALYSIS:
Current and proposed zoning: The current zoning of this property is for Low Density Single
Family Residential (RS -5), which allows single family homes with a minimum of 8,000 square feet
of lot area and a minimum lot width of 60 feet. Lot 2 of the proposed subdivision will remain zoned
RS -5 for single family use.
The applicant has requested rezoning to Mixed Use (MU) zone for Lot 1 which provides a
transition from commercial areas to less intensive residential zones. Permitted uses in the MU
zone include lower scale retail and office use, and a variety of residential uses. Medical offices are
permitted uses in the MU zone. Special consideration of building and site design is required for
developments in the MU zone.
Comprehensive Plan: The Comprehensive Plan- North District Plan land use map indicates
that the southern portion of Lot 1 is appropriate for Mixed Use development while the northern
portion is appropriate for low density residential uses. The plan indicates that Mixed Use areas
are appropriate for commercial uses that emphasize retail, service, and office uses that are
compatible with the surrounding neighborhood. Staff believes that the MU zone is appropriate
for Lot 1 due to the low -intensity office/commercial nature of the proposed medical office
building. As noted, the Comprehensive Plan identifies this corner for mixed use development.
The North District Plan land use map indicates that residential use is preferred on the north end
of the property — Lot 2, which is proposed to remain single family residential, accomplishes this
goal.
Compatibility with neighborhood: The area between Prairie du Chien Road and Dubuque
Road currently contains commercial uses, including the old and new HyVee grocery stores,
along the north side of N. Dodge Street and a mix of residences, offices, and a cemetery along
the south side of N. Dodge Street. The proposed medical clinic on Lot 1 will be compatible with
the commercial uses to the west. North Dodge Street will provide separation between the
subject property and the property to the south that is currently being developed with multifamily
residences.
Lot 2 is adjacent to existing single family homes; low density single family development on this
property will be compatible with the surrounding neighborhood.
Environmentally Sensitive Areas: Lot 1 of the property contains steep slopes and Lot 2
contains steep, critical, and protected slopes as designated in the Sensitive Areas Ordinance.
Both lots together also contain 4.29 acres of woodland. The Sensitive Areas Ordinance
indicates that a property zoned MU is required to retain 10 percent of the woodlands and that
property zoned RS5 must retain 50 percent of the woodlands. Additionally the retained
3
woodland area must be surrounded by a 50 foot buffer. The applicant has indicated that all of
the required woodland retention will occur on the eastern portion of Lot 2, to retain a contiguous
approximate 58,000 SF of wooded area. Staff notes that the critical and protected slopes also
occur on the eastern portion of Lot 2, and will be undisturbed.
As the applicant is meeting the requirements for a Level I Sensitive Areas review (critical and
protected slopes are not proposed to be disturbed, and the required woodland retention
requirement is being met) therefore a Sensitive Areas rezoning is not required. Conformance to
the Sensitive Areas Ordinance will be reviewed administratively.
Lighting: Light trespass standards are intended to prevent light from one property extending
beyond the property line onto adjacent properties. Lighting fixtures must be downcast and
shielded such that the bulb is not directly visible from any adjacent residential zoned property or
public right of way. Light fixtures within 300 feet of a residential zone are required to be no more
than 25 feet in height. The City will review the lighting plan for Lot 1 during the site plan
process.
Screening: S2 screening is the generally required buffering treatment that uses distance and
low level screening to separate uses from the public right of way, from other zones, to define
edges and separate vehicular areas from pedestrians. Staff recommends that for the parking
area of Lot 1, S3 screening be implemented. The S3 standard is a buffering treatment that uses
dense landscape screening to provide a visual and physical separation between uses and
zones. The S3 screen requires enough shrubs and evergreens to form a continuous screen or
hedge which matures to at least five feet to six feet in height more than 50 percent solid year
round. Berms may be used in conjunction with a hedge to achieve an overall height of six feet.
Staff recommends S3 screening be implemented along the west and north sides of the parking
area for Lot 1. Staff also recommends that the parking area be set back at least 15 feet from
the Dubuque Rd right of way — this setback is equivalent to the minimum setback for a structure
in a residential zone. These conditions help address one of the concerns expressed at the
Good Neighbor meeting regarding screening of the parking area.
Parking Area: One comment staff had, and which was brought up at the Good Neighbor
meeting, was the proposed size of the parking area. The full size of the parking area would be
223 stalls. While the design and mix of exam rooms in the proposed medical clinic is not yet
finalized, 223 stalls is in excess of what the City would require for parking. Staff has discussed
'landbanking' rows of parking along the north and north-east sides of the parking area (shown
as 'Phase 2 Parking' on the concept plan) and not paving this parking initially. Staff
recommends a condition of zoning that the 'Phase 2 Parking' be permitted to be paved only if
approved by the Director of Neighborhood and Development Services based on evidence of
need.
Traffic implications: Access to the proposed medical clinic on Lot 1 is off of Dubuque Road,
opposite the access drive to the Hy Vee site. Expected traffic generation from a medical clinic of
this size is in the range of 1,300 vehicles per day, using the Institute of Transportation
Engineer's Trip Generation Manual. Staff notes that for a clinic use, the majority of this traffic is
spread throughout office hours (typically during the day and early evening). N Dodge St and the
short segment of Dubuque Rd that is affected are easily able to accommodate this traffic. N
Dodge St already has left- and right -turn lanes at Dubuque Rd, and Dubuque Rd has a left turn
lane onto N Dodge St.
Traffic generation on Dubuque Road from a single family dwelling on Lot 2 will be minimal.
Neighborhood Open Space: The Neighborhood Open Space Requirements require 2,621
square feet of dedicated open space or fees in lieu of for the 2.78 acres of Lot 2 of the proposed
4
subdivision. Given that the small size of this dedication is insufficient for use as public open space,
staff recommends fees in lieu of open space dedication be paid equal to 2,621 square feet of
property. The Parks and Recreation Director has concurred. This requirement will need to be
addressed in the legal papers for the final plat.
Stormwater: Stormwater management is provided in the regional Hickory Hill stormwater facility.
No on-site stormwater management is required, provided the applicant can show stormwater
runoff can be handled by the existing stormwater pipes under N Dodge St. This will be confirmed
as part of the site plan review process for Lot 1
Infrastructure fees: A water main extension fee of $415 per acre is required.
STAFF RECOMMENDATION:
Staff recommends approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5)
to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road
and N. Dodge Street subject to a Conditional Rezoning Agreement requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a
minimum S3 screening along the west and north sides of the parking area, and a minimum
15 foot setback of the parking area from the Dubuque Rd right of way.
2. Parking along the north and east property lines of Lot 1, identified as `Phase 2 Parking' on
the Site Concept Plan, remain unpaved unless approved by the Director of the
Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan dated March 5, 2015.
Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot,
7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street.
ATTACHMENTS:
1. Location Maps
2. Rezoning Exhibit
3. Concept Site Plan
4. Aerial Photograph
5. Excerpt from North District Plan land use ap
6. Summary of Good Neighbor
7. Preliminary Plat, �'
Approved by:
Neighborhood and Developme t Services
S:\PCD\Staff Reports\2015\REZ15-Oa0�2 SUB15-00004 Dubuque Road\REZ15-000 SUB15-00002 Dubuque Road staff report
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Summary Report for
Good Neighbor Meeting
Project Name: 1-0(' !�(/�� I`� Project Location:
Meeting Date and Time: ) 'SC)
Meeting Location:
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Names of Applicant Representatives attending:
Names of City Staff Representatives attending:
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Number of Neighbors Attending: /
Sign -In Attached? Yes
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CITY OF IOWA CITY
Concerns expressed regarding project (attach additiona sheets if nec ssary) -
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Will there be any changes made to the proposa based on this input? If so, describe:
Staff Representative Comments
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Good Neighbor Meeting Sign in Sheet
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Planning and Zoning Commission
March 16, 2015 — Work Session
Page 5 of 8
Hektoen noted it is difficult to remember exactly what can be done with a comprehensive plan
amendment and amendments to the CB -2 and CB -5 zone would have an immediate effect.
Eastham asked what were the property owner's objections to the mixed use zone. Yapp replied
it is a significant reduction in allowable density and size of building and would devalue the
property. It reduces the residential use, potential use.
Eastham noted they have to get back to the three blocks in the Civic District that was deferred
last time. Hektoen said Eastham can make a request to add something to the agenda at
Thursday's meeting, for the next meeting.
REZONING / DEVELOPMENT ITEM REZ15-000021SUB15-00004
Discussion of an application submitted by Focus Commercial Real Estate, LLC for a rezoning
of 4.26 -acres of land located at 1406 and 1506 N Dubuque Road from Low Density Single -
Family (RS -5) zone to Mixed Use (MU) zone and for a preliminary plat of Pleiades First
Addition, a 2 -lot, 7.15 acre subdivision
Yapp presented the background on the application. This is a property at the northeast corner of
Dubuque Road and North Dodge Street, this property is currently zoned RS -5. The applicant has
submitted a two lot subdivision; lot one would be on the corner, fronting on Dubuque Road, lot
two would be to the north. The applicant has applied for mixed use zoning designation on lot
one, lot two would remain RS -5 single family.
The North District Plan does identify that corner as mixed use, the southern portion, the
applicants application for mixed use does go a bit further north than what is on the
comprehensive plan. What they are proposing is a medical clinic on lot one.
Staff has recommended some conditions of the rezoning because the mixed use zoning
boundary would extend further north. The Code normally requires what is called S2 screening
around a parking lot which is a mixture of low shrubs and canopy trees. Staff is recommending
S3 screening along the Dubuque Road frontage and along the north property line. S3 screening
is a denser evergreen screen that grows up to five or six feet in height because there are single
family homes in the area.
The access point for this property will be opposite of the driveway to HyVee. Staff has also
recommended 15 feet between the property line and the beginning of the parking lot along
Dubuque Road. They are also recommending land banking part of the parking lot. The applicant
doesn't have final building designs yet so it is unsure how much parking will be needed, but it is
clear the amount of parking indicated well exceeds what the minimum requirement would be.
Therefore Staff is recommending that not be allowed to be paved initially and only be allowed to
be paved on evidence of need such as parking lot is full and people have no place to park. The
mechanism of land banking the parking is after discussions with the applicant who really wanted
a lot of parking but admitted they were unsure if they really needed it.
Eastham asked if they would do the lighting in the proposed parking area and then if extended,
add the additional lighting. Are there any issues with that? Yapp doesn't believe so; all
Planning and Zoning Commission
March 16, 2015 — Work Session
Page 6 of 8
regulations regarding lighting will be followed. City lighting standards do require that lighting be
down cast and shielded.
Swygard asked if there were any parking lot maximum limitations due to business sizes. Yapp
replied not in this zone. The only zone where the City has maximum parking limitations is
Neighborhood Commercial (CN -1) zone.
Freerks asked about the grove of mature trees along north Dubuque Street that could buffer
headlights there from the house across the street and is asking if there is a way to bank that row
of parking along where those mature trees currently are. She would like to know if that line of
trees is considered a grove by City standards. Yapp said they would look into that prior to
Thursday's meeting.
Thomas agreed with that idea, and also it appears that the most critical issues with adjacent
properties would be along the Dubuque Road and whether in the wider setback berm would help
with that. Yapp is working with the applicant on these issues.
Eastham asked if the landscaping proposed in this parking area is similar to the landscaping that
was required for the HyVee parking lot. Yapp would have to refer to the HyVee parking lot plans.
Freerks noted the Commission did work there to preserve some of the existing mature trees.
Eastham asked if there was a concept plan for the building. Yapp replied that he does have a
rough concept plan for the building, and the applicant has indicated there will be a lot more
windows than what is shown on the concept plan. Freerks noted that the design standards will
address building issues.
Dyer noted again the parking lot seems too large. Freerks agreed and likes the compromise that
the full parking lot will only be built if needed. Especially since they are extending the area of the
lot that should be considered mixed use. Eastham asked what the number of parking spaces
being proposed, Yapp replied 223, but just the first phase would be 161. Staff is recommending
not paving 62 of the spaces.
Thomas asked if the landscape plan would change before Thursday's meeting, as this time he is
not seeing any trees or screening shown. Yapp noted this was the applicant's concept plan, not
the full site plan, but they will have to meet right-of-way requirements. Thomas noted it would be
nice to see the whole picture at this time.
Eastham asked if the applicant has already waived the timeline once, and Yapp replied yes, this
application came in last January and they waived it to this Thursday. )
Yapp noted that Staff's interest in the landscaping was on the northern border along the
residential. Dyer noted if there is going to be residential in lot two of this plan that needs to be a
concern as well. Freerks agreed it would be better to have a more specific site plan to view all
this.
OTHER AGENDA ITEMS
Swygard submitted changes to the February 19 meeting minutes.
Planning and Zoning Commission
March 19, 2015 — Formal Meeting
Page 17 of 25
REZONING / DEVELOPMENT ITEM (REZ15-00002/SUB15-00004
Discussion of an application submitted by Focus Commercial Real Estate, LLC for a rezoning
of 4.26 -acres of land located at 1406 and 1506 N Dubuque Road from Low Density Single -
Family (RS -5) zone to Mixed Use (MU) zone and for a preliminary plat of Pleiades First
Addition, a 2 -lot, 7.15 acre subdivision.
Yapp explained that this is a two part application, both a rezoning and a subdivision. He showed
a map of the 4.26 acres proposed for rezoning from RS -5 Single Family Residential to Mixed
Use zone. The next map showed the preliminary plat of Pleiades First Addition, a 2 -lot, 7.15
acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street. The
area between Prairie du Chien Road and Dubuque Road currently contains commercial uses,
including the old and new HyVee grocery stores, along the north side of N. Dodge Street and a
mix of residences, offices, and a cemetery along the south side of N. Dodge Street. The North
District Plan land use map indicates the corner as a Mixed Use development. Yapp showed a
map of the proposed subdivision, a two -lot subdivision, Lot 1 of the proposed subdivision
consists of the southwestern 4.26 acres of the property and Lot 2 consists of the northeastern
acres. 0.32 acres will be dedicated as a right-of-way along Dubuque Road. The applicant has
requested a rezoning for Lot 1to the MU zone to allow for the development of a medical clinic.
The applicant has requested rezoning to Mixed Use (MU) zone for Lot 1 which provides a
transition from commercial areas to less intensive residential zones. Permitted uses in the MU
zone include lower scale retail and office use, and a variety of residential uses. Medical offices
are permitted uses in the MU zone. Special consideration of building and site design is required
for developments in the MU zone. Lot 2 is adjacent to existing single family homes; low density
single family development on this property will be compatible with the surrounding neighborhood.
Lot 1 of the property contains steep slopes and Lot 2 contains steep, critical and protected
slopes as designated in the Sensitive Areas Ordinance. Both lots together also contain 4.29
acres of woodland. The Sensitive Areas Ordinance indicates that a property zoned MU is
required to retain 10 percent of the woodlands and that property zoned RS5 must retain 50
percent of the woodlands. Additionally the retained woodland area must be surrounded by a 50
foot buffer. The applicant has indicated that all of the required woodland retention will occur on
the eastern portion of Lot 2, to retain a contiguous approximate 58,000 SF of wooded area. Staff
notes that the critical and protected slopes also occur on the eastern portion of Lot 2, and will be
undisturbed.
As the applicant is meeting the requirements for a Level I Sensitive Areas review (critical and
protected slopes are not proposed to be disturbed, and the required woodland retention
requirement is being met) therefore a Sensitive Areas rezoning is not required. Conformance to
the Sensitive Areas Ordinance will be reviewed administratively.
Access to the proposed medical clinic on Lot 1 is off of Dubuque Road, opposite the access
drive to the HyVee site. Expected traffic generation from a medical clinic of this size is in the
range of 1,300 vehicles per day, using the Institute of Transportation Engineer's Trip
Generation Manual. Staff notes that for a clinic use, the majority of this traffic is spread
throughout office hours (typically during the day and early evening). N Dodge Street and the
short segment of Dubuque Road that is affected are easily able to accommodate this traffic.
N Dodge Street already has left- and right -turn lanes at Dubuque Road, and Dubuque Road
has a left tum lane onto N Dodge Street. Traffic generation on Dubuque Road from a single
family dwelling on Lot 2 will be minimal.
Planning and Zoning Commission
March 19, 2015 - Formal Meeting
Page 18 of 25
Yapp noted that regarding the parking area one comment staff had, and which was brought up
at the Good Neighbor meeting, was the proposed size of the parking area. The full size of the
parking area would be 223 stalls. While the design and mix of exam rooms in the proposed
medical clinic is not yet finalized, 223 stalls are in excess of what the City would require for
parking. Staff has discussed 'land banking' rows of parking along the north and north-east
sides of the parking area (shown as 'Phase 2 Parking' on the concept plan) and not paving
this parking initially. Staff recommends a condition of zoning that the 'Phase 2 Parking' be
permitted to be paved only if approved by the Director of Neighborhood and Development
Services based on evidence of need.
Yapp explained that S2 screening is the generally required buffering treatment that uses
distance and low level screening to separate uses from the public right of way, from other
zones, to define edges and separate vehicular areas from pedestrians. Staff recommends
that for the parking area of Lot 1, S3 screening be implemented. The S3 standard is a buffering
treatment that uses dense landscape screening to provide a visual and physical separation
between uses and zones. The S3 screen requires enough shrubs and evergreens to form a
continuous screen or hedge which matures to at least five feet to six feet in height more than
50 percent solid year round. Berms may be used in conjunction with a hedge to achieve an
overall height of six feet. Staff recommends S3 screening be implemented along the west and
north sides of the parking area for Lot 1. Staff also recommends that the parking area be set
back at least 15 feet from the Dubuque Road right of way -this setback is equivalentto the
minimum setback for a structure in a residential zone. These conditions help address one of
the concerns expressed at the Good Neighbor meeting regarding screening of the parking
area.
Stormwater management is provided in the regional Hickory Hill stormwater facility. No on-site
stormwater management is required, provided the applicant can show stormwater runoff can be
handled by the existing stormwater pipes under N Dodge Street. This will be confirmed as part of
the site plan review process for Lot 1.
Staff recommends approval of REZ15-00002, a rezoning from Low Density Single Family (RS -5)
to Mixed Use (MU) for 4.26 acres of property located at the northeast comer of Dubuque Road
and N. Dodge Street subject to a Conditional Rezoning Agreement requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a
minimum S3 screening along the west and north sides of the parking area, and a
minimum 15 foot setback of the parking area from the Dubuque Road right of way.
2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2 Parking' on
the- Site Concept Plan, remain unpaved unless approved by the Director of the
Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan dated March 5, 2015.
Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -
lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street
Freerks asked if there were trees along Dubuque Road constitutes a grove. Yapp said the
applicant's engineer has reviewed that and can address that question.
Planning and Zoning Commission
March 19, 2015 — Formal Meeting
Page 19 of 25
Theobald noted it looked like the remnants of an old windbreak.
Freerks also had questions about the landscaping overall, and asked if it meets requirements
along the streetscape. Yapp noted this is just a concept plan and not a full site plan so it does
not include all the landscaping and streetscape details, but would be required to meet all City
requirements.
Theobald had a question regarding the screening as well. If S3, 5-6 feet with 50% solid year
around is required, she reviewed the list of shrubbery listed with that requirement, and it seems
outdated. She believes because the list of acceptable shrubbery is outdated, it explains why
some of the plans that come before the Commission are incorrect, because developers are using
that list and requests that list be updated.
Freerks noted it would be important to maintain some of the mature trees as the portion that was
slated for Mixed Use in the North District Plan is much smaller and is being extended quite a
ways from what is shown in the Comprehensive Plan and it is closer to the residential area and
needs a better transition.
Eastham asked about the number of parking spaces would exist with the staff recommendations.
Yapp noted they received an updated site concept today from the applicant that did increase to
180 spaces; staff's recommendation is still based on what was in the staff report, which is 161
spaces. Eastham asked if that would be clear, as there are not a number of parking spaces
listed in the recommendations. Yapp replied that the recommendation refers to the graphic, the
site concept plan.
Eastham asked what the building will look like. Yapp showed drawings and said it is conceptual
for example the window coverage is not included in the sketch and the building will have lots of
windows. Eastham asked then what the process would be to give some assurance that the
building will be compatible with other buildings in the area. Yapp said the building will have to
follow the Mixed Use design standards embodied in that zone. It will also be reviewed as part of
the site plan review stage.
Freerks opened public hearing.
Duane Musser, MMS Consultants, spoke representing the applicant. He stated they do have an
updated parking count, and are looking at 180 spaces, and includes the land banking on the
northeast side. The applicant is also willing to do the S3 screening along Dubuque Road and the
northeast edge, along lot 2 with the berm and the evergreen trees. They are questioning the 15
foot setback, unsure why that setback in the staff recommendation is critical; they are providing
the S3 screening. He noted that the grove of trees, they do not believe that single line of
windbreak trees would constitute a grove. A grove of trees is usually a larger, broader span of
shade trees that cover a greater area.
Freerks asked if the applicant would be willing to keep that line of windbreak trees there stating
that there is way more parking on the plan than is necessary, and required. Musser replied that
he believes the applicant's choice would be to remove those trees, if you look at them closely
they are limbed up quite a bit and from an eye view they would not screen any of the cars. So
they feel it would be better to remove those trees, put in the S3 screening and berm and give the
property screening and shade along that area.
Musser noted that as far as the parking banking, their numbers are being estimated from the
Planning and Zoning Commission
March 19, 2015 — Formal Meeting
Page 20 of 25
architect based on the number of exam rooms, physicians, and staff for the medical clinic is 180
spaces are needed for the first phase of parking.
Freerks noted she is not satisfied with the landscaping shown, and is leaning towards deferring
this application until there is more detail. Musser noted that a landscaping plan is not part of the
requirements for a rezoning application and the concept plan does have enough detail on it to
meet the requirements for a site plan. Freerks noted it just is a lot of parking, more than is
required.
Dyer noted it seems like more parking than is at the Iowa River Landing parking for a four story
medical building. Musser could not speak to how many parking spots were in that ramp.
Eastham questioned how the architect is proposing there will be 180 cars in the parking lot.
Musser answered that the applicant believes based on the employees and the patient needs that
would be the appropriate number of spaces. Eastham then asked what would happen if there
were 180 cars in this lot at 5:00 p.m. and wanted to all leave at the same time, this area has a
concern regarding the traffic Dubuque Road. can handle or that intersection. Yapp explained
that for a clinic use the patient traffic is spread out throughout the day. Eastham noted then
perhaps 180 parking spaces is not needed. Musser noted the client has a right to estimate what
their needs are based on the type of business. Eastham asked Yapp that when the traffic study
was done for this plan, did they figure 180 cars at one time. Yapp replied they did look at peak
hour traffic, but it would not be 180 cars at one time.
Dyer questioned again the need for 180 spaces if 180 cars would not be there all at one time.
Musser could only state this is what the client is estimating they will need.
Freerks noted again that perhaps this needs to be deferred and developed a bit more. The idea
of the development is a good one, however there needs to be a better transition.
Hektoen noted that they should continue with the public hearing.
David Dunlap, said he lives across the street from the area, across from the grove of trees. He
likes what he hears regarding the Commission's concerns, since he lives across from this area,
he is concerned as well. He feels those windbreak trees do go a long way mitigating this
development. He questioned the existing line now behind HyVee that is the boundary between
his house and HyVee, he doesn't agree why this project needs to go further north than the Hy -
Vee. The parking lot could go to the west, as opposed to going to the north.
Jo Dickens, lives on Dodge Street, stated she is a big proponent of this project and thinks there
could be something much different that no one would like in this place. She likes that they are
leaving so many of the trees in that protected area, and it's great that a medical office wants to
stay in Iowa City, so many are moving to Coralville and North Liberty. She feels the area can
handle the traffic, there is an office currently in a similar neighborhood, Pediatric Associates is on
Jefferson Street and they empty in and out of there all the time. She does not foresee a problem
with traffic; her driveway accesses Dodge Street and goes in and out of there all the time. The
only time there has been a problem is during a flood and everyone has to come off the interstate
on Dodge Street. She noted the lighting was discussed at an earlier planning meeting and she
feels that will not be an issue due to rules and regulations and also is happy there is that 150 foot
residential area that backs up to the trees, it will be a nice lot especially with the berms and trees.
Dickens reiterated she is a big proponent of this and hopes to see this project develop through.
Planning and Zoning Commission
March 19, 2015 —Formal Meeting
Page 21 of 25
Terry Dickens (noted he would not be voting on this issue at any future City Council meetings
because he is a neighbor of the project), stated he has only lived up in this area for six years, but
a lot of the neighbors have been there 50 or 60 years, his grandparents lived in the area and sold
the land that was their old farm to the Friends of Hickory Hill. He wants to see this area grow,
and this project, which he feels is a good project, is needed in this area. There will be new
housing going up in the middle of the block. Dickens noted that at the Good Neighbors Meeting
he did talk to the applicants and discussed the berm and the applicants were agreeable to
including the berm. He also noted he would like to see this project move forward.
Freerks closed public hearing.
Thomas moved to approve REZ15-00002, a rezoning from Low Density Single Family
(RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer
of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement
requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot
1 showing a minimum S3 screening along the west and north sides of the
parking area, and a minimum 15foot setback of the parking area from the
Dubuque Road right of way.
2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2
Parking' on the- Site Concept Plan, remain unpaved unless approved by the
Director of the Department of Neighborhood Services based on evidence of
need.
3. General conformance with the site concept plan dated March 5, 2015.
Additionally Thomas moved to approve SUB15-00004, a preliminary plat of Pleiades First
Addition, a 2-11ot, 7.15 acre subdivision located at the northeast corner of Dubuque Road
and N. Dodge Street.
Martin seconded the motion.
Theobald noted that the trees that are already there are called red cedar, but they are actually a
juniper and were often used as windbreaks and they do have a certain look to them. They
maybe aren't as valuable of a tree, they can be invasive, and Iowa is full of red cedars. They are
large trees and have a really interesting shape and she noted she would also like to see
something more interesting than this concept plan with one long row of shrubs. She said the S3
screening does require more height than is shown on the concept plan, a mix of trees and a mix
of shrubs would be more appropriate. She suggested that the landscape plan include something
native, some good shrubs that may or may not be on the list provided by the City.
Eastham asked if the developer could put in shrubs that are not on the City's list. Yapp believed
they can, with the City Forrester's approval.
Freerks stated the devil is in the details, but it seems like if the details aren't discussed at this
point, they come back to haunt at another time. We need to remember that there are people that
have to live by this area, and if there are a few things that can be done, a few trees saved, it can
make a difference.
Planning and Zoning Commission
March 19, 2015 — Formal Meeting
Page 22 of 25
Thomas noted he is enthused by what he sees in the project, it is a good project that could be a
better project, and would stress it's not just the neighbors but also the people that will be going to
this facility. To have some signature trees, there seems to be some float in the parking lot
design, and could use some of that float to save some of the landmark trees on the property.
Dyer stated that one option would be to preserve the area containing the parking along Dubuque
Road for later on if needed. She noted she is disturbed by the amount of parking when in this
day and age of sustainability, and it is on a bus route with a bus stop right there.
Theobald can see the need for enough parking, because it is a medical office, and it's not always
convenient to get to a medical facility by bus.
Yapp noted Staff did discuss with the applicant of land banking the parking along Dubuque
Road, it is important to the applicant to have parking closer to the front door and the concern was
that some of the parking be closer to the entrance rather than in the north and northeast corner
given the type of use this is.
Eastham noted that on Dubuque Road there are parking spaces adjacent to the road and there
are parking spaces that are close to the building that are just adjacent to the one larger island
that is shown in the concept plan. Therefore, to not have parking in that area does not mean
there would not be parking adjacent to the building, or close to the building.
Freerks stated there is a motion for approval, and a second. The Commission needs to have a
goal of what to do here, either approve as is or request some changes.
Martin asked if the Commission agrees to this, will they see the project again. Yapp replied that
they would not. Martin then agreed it is important to figure this out now then as it this is part of
the gateway to the city.
Eastham asked if there was any way this building could have a featureless wall along Dodge
Road. Yapp said Mixed Use designs to require a percentage of windows, so it won't be
featureless wall.
Eastham made an amendment to the motion to preserve the cedar trees along Dubuque
Road
Yapp requested a minute to talk with the applicant.
Hektoen noted that the applicant has already waived the 45 day period.
Yapp stated the applicant would rather defer at this time to address some of the issues brought
up this evening.
Thomas withdrew his motion.
Theobald made a motion to defer this item, as requested by the applicant.
Swygard seconded.
A vote was taken and the motion carried 7-0.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 2, 2015 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Phoebe Martin,
Paula Swygard, Jodie Theobald, John Thomas
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Robert Miklo
OTHERS PRESENT: Jason Harder, Duane Musser, Nancy Carlson
CALL TO ORDER
Freerks called the meeting to order at 7:00 PM.
A. The Commission moved by a vote of 7-0 to recommend Council approve REZ15-00002, a
rezoning from Low Density Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property
located at the northeast comer of Dubuque Road and N. Dodge Street subject to a Conditional
Rezoning Agreement requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a
minimum S3 screening along the west and north sides of the parking area, and a minimum
15 foot setback of the parking area from the Dubuque Rd right of way with additional
setback where shown on option 3.
2. Parking along the north and east property lines of Lot 1, identified as'Phase 2 Parking' on
the. Site Concept Plan, remain unpaved unless approved by the Director of the
Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan known as option 3 shown at the April 2,
2015 meeting.
Additionally approve SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -lot, 7.15
acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street.
B. amendments to the Comprehensive Plan for the portions of blocks north of Iowa Ave and east
of Gilbert St; and east of Van Buren St and north of Burlington St, which are not in the Central
Planning District.
1. The portions of blocks north of Iowa Ave and east of Gilbert St; and east of Van Buren
St and north of Burlington St, which are not in the Central Planning District, be added to
the Central Planning District as shown in Exhibit B.
2. The Central District Plan be amended to add the following goals:
Housing and Quality of Life Goal #1(i): Develop Zoning Code standards in the CB -2 and
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 2 of 14
CB -5 Zones when CB -2 and CB -5 properties are on the same block as residential
properties to require setbacks, building height step-downs, landscaping, open space and
other techniques to promote compatibility with residential properties on the same block.
Develop a mechanism to provide an exemption from the requirement for commercial land
uses on the first floor in the CB -2 and CB -5 zones, and provide for multi -family design
standards to apply to CB -2 and CB -5 multi -family properties.
3. The IC2030 Comprehensive Plan be amended to update the Central Planning District
Map.
4. Consider creating a form based code for the commercial properties in this portion of
the Central Planning District.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
None.
REZONING / DEVELOPMENT ITEM (REZ15-00002/SUB15-00004
Discussion of an application submitted by Focus Commercial Real Estate, LLC for a
rezoning of 4.26 -acres of land located at 1406 and 1506 N Dubuque Road from Low
Density Single- Family (RS -5) zone to Mixed Use (MU) zone and for a preliminary plat
of Pleiades First Addition, a 2 -lot, 7.15 acre subdivision.
Miklo explained that the Commission received the staff report at a previous meeting regarding this
application, however the applicant has since provided some photos showing the relationship of
the cedar trees to Dubuque Road and how they would not necessarily screen the residential
across the street. The applicant has also submitted three options for landscaping along Dubuque
Road, which the applicant will address.
Staff reiterates their recommendation of approval of REZ15-00002, a rezoning from Low Density
Single Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast
comer of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement
requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1 showing a
minimum S3 screening along the west and north sides of the parking area, and a
minimum 15 foot setback of the parking area from the Dubuque Rd right of way.
2. Parking along the north and east property lines of Lot 1, identified as'Phase 2 Parking' on
the- Site Concept Plan, remain unpaved unless approved by the Director of the
Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan dated March 5, 2015.
Staff recommends approval of SUB15-00004, a preliminary plat of Pleiades First Addition, a 2 -
lot, 7.15 acre subdivision located at the northeast corner of Dubuque Road and N. Dodge Street
Freerks questioned if all of these options had a 15 foot setback, noting it appears some are more.
Miklo said the applicant could address that but believes that options 1 and 2 have a 15 foot
setback and in option 3 for the portion across from the single family homes, it is increased to to be
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 3 of 14
several feet wider.
Eastham asked if there would still be a berm along Dubuque Road. Miklo said the applicant could
address that as well, it is not clear from the plans the Staff received.
Thomas asked if there were any detention on the stormwater. Miklo answered that it was
addressed in the staff report that this area is within the area that is served by the detention
facilities in Hickory Hill Park so no onsite detention is required.
Freerks opened public hearing.
Jason Harder (2004 Crestline Drive, Muscatine Iowa) with Focus Commercial discussed what
they had done with this project, from the beginning to now. They chose this property, although it
was expensive and more than they needed, because they think it is a great project not only for the
area and Iowa City but for this neighborhood to bring a service oriented clinic to the
neighborhood.
The building started as a rectangle, and to be efficient started out in the middle of the lot, so the
distance from the parking to the front door was not too long. They worked with staff on possible
zoning options, as there was more than one, with the intent of trying to be a good neighbor and
wanted to do the opposite of the old HyVee across the road, to not butt the building up to the
residential with all the parking out front. Therefore they designed the building to not just be a big
rectangle, to pull it as far away from the residential areas as possible, which creates a building
that is not an efficient layout and creates parking issues, but chose these options anyway to show
they are trying to be good neighbors to the residential surrounding areas.
Next, they looked at the lot, and discussed their client's needs, and attempted to figure out the
accurate parking needs. They would rather err on the side of having too much parking, because if
they did not have enough parking people would be parking on the street or the HyVee parking lot,
which is not being a good neighbor. They have reduced the number of parking spots from 223 to
the 160's now though. They don't want to put in more parking than necessary, but also don't want
to have a situation where there is not enough.
They have agreed to S3 screening, which is called out in the City Code as not required; only S2 is
required. S3 is fairly dense and tall and will try to accomplish that through berming and
vegetation, not just vegetation alone.
Harder noted there is tree preservation on lot 2, they created the balance when they chose to
shrink the parking lot, and also wish to design the building with as many doors into the building as
the developer will deem appropriate. They could have chosen to drive the cost of lot 2 up to
counter the high costs of the lot 1 needs, which would result in having duplexes or multifamily on
lot 2, but that would not result in being a good neighbor. So they made it a single family lot to
create more buffer, there is at least a 150 foot buffer in the narrowest part of lot 2 from the existing
single family to the edge of the S3 screening.
They have worked with Staff, from a 10 foot required setback along north Dubuque Road to 15
feet (Staff's request) which created more space. It does impact more trees but it creates more
space for screening along Dubuque Road.
Harder said they took note of what the Commission said at the last meeting and have developed
three options, specifically looking at the northwest corner of the property, trying to protect the
residential area from the parking lot. Option one is the applicant's preferred option, it is 15 feet
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 4 of 14
back, the sidewalk jogs out towards the street, and leaves plenty of space to create berming and
create the S3 screening through trees, vegetation and maybe some planting beds. The berm will
allow for permanent screening year round, it doesn't come and go with the vegetation. The S3
screening is so dense that from the street, with a 6 foot high screening requirement you won't see
what's on the other side of it. They would prefer to keep the parking close to the front door, on the
backside, because it really cannot be seen with the berming and vegetation.
Harder noted there was conversation last time also about the cedar trees, but this option does not
keep those trees. So they created option 2, which would keep the cedar trees, but does not have
a berm. Keeping the cedar trees takes up valuable real estate that a berm could be built on.
Additionally it will be harder to add vegetation around the cedar trees due to the roots so that
would mean the headlight shielding vegetation would be pushed right next to the edge of the
parking lot. The cedar trees provide zero screening from the parking lot. Additionally the cedar
trees will not protect screening of the building, as the building is not at that end of the lot. So
keeping those trees does not contribute to the goal of screening the parking lot.
Harder introduced option 3, which shows the best way to screen the parking lot (from option 1
with the berm and vegetation) but also to lose the parking lot on the backside which creates more
green space. There is not enough space without becoming too intrusive into the lot to create a
berm with the adequate headlight screening and save the cedar trees. So if they were to
eliminate those parking stalls on the backside of a 6 foot high screening for the protection of the
residential areas, then option 3 is the best. However, they do believe strongly that after already
shrinking the parking spots from 200 plus down to 160 they would need to forgo the landbanking
of spots and include all the spots in the first phase. He said this option would lose the cedar
trees, but gain a berm where they could plant new trees.
Freerks noted that there are various types of screenings, even within the categories of S2 and S3
and it's not always just about headlights.
Harder agreed, saying headlights are the hardest thing to scree, parking lot lights can be
controlled with timers.
Theobald asked for clarification on options 1 and 3 - seeing there is more greenspace on option 3
but otherwise what is the difference or point of option 3? Harder noted that at the last meeting
there was concern about there even being parking spots in that area, so close to existing
neighbors, so that is why they are introducing option 3. He stated that option 3 is not their choice,
but wanted to show that they did listen to the concerns brought up at the last meeting.
Thomas asked how the vegetation was different on option 3 as it looks similar. Harder answered
that the vegetation in options 1 and 3 are the same. As S3 screening it creates a very solid
screening. Thomas said they were the same with the exception of the expansion of the planting
area. Harder confirmed that was the case, and that option 3 would lose parking which is not as
desirable to the applicant.
Eastham asked if option 3 would then add a dozen or so parking on the north border next to lot 2.
Harder replied yes, because that would be closest to the building front door.
Theobald asked if both option 1 and 3 included a berm and Harder confirmed that was the case.
Theobald asked if there are any plans looked at saving the Norway spruce or the white pine that
are actually more valuable trees than the cedar. There is a large white pine located alongside the
building. Harder answered no, but was unsure exactly where all those trees were located.
Theobald noted the large Norway spruce looks to be located about where there is a green space.
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 5 of 14
She noted on the preliminary plat map approximately where the trees she was questioning were
located. Harder said that in all honesty they did not look at saving those trees, but with some
more homework they can look and see where those trees will fall in the footprint and see if they
might fall into greenspace and be able to be saved.
Harder said he is happy to answer any of the commission's questions, he has team members with
him tonight that can address specific items as well, they really want to work towards moving this
project forward.
Dyer asked if they had elevations of the building. Harder believed those were shown at the last
meeting, however noted the building is in programming with the architects, it is a budgetary 14
million dollar building, it will be a high-end attractive building.
Miklo showed the concept drawings of the building and pointed out that the mixed use zone
requires some articulation of the building so there won't be blank walls.
Freerks stated that normally they require 20 feet buffer from commercial parking across from a
residential area, mixed use is the only situation where only 10 is required. She appreciates that
they expanded to 15 feet. Mixed use is only 10 feet because that is usually in the downtown area,
and that might be something the Commission will need to revisit in the future. Miklo pointed out
that option 3 would result in more than 20 feet setbacks for the portion of the property directly
across from the single-family zone.
Theobald corrected a previous statement, there are two Norway spruces and the better looking of
the two is more in the corner where the crabapples are, so it might be a nice focal point for
whatever landscaping is done at that end.
Eastham commented regarding his appreciation to the applicant for trying so diligently to put a
good project together that does meet the need for medical space as well as neighborhood
compatibility. He noted he was not aware there might have been an option to put the building
more in the center of the lot, which may or may not have worked out very well, but appreciates
them looking at all possibilities.
Freerks noted that Harder has addressed previous questions and concerns and sees no reason
not to try to move this forward this evening.
Hektoen noted that the staff recommendation requires substantial compliance with the March 5
site plan, and that has now changed, so if the Commission makes a motion, they need to pick one
of the options. Miklo agreed that the Commission would need to pick an option (1, 2 or 3) and tie it
to that site plan.
Eastham asked if they could discuss the options before having a motion.
Freerks replied that yes, they can.
Freerks noted that are three options available, and there is a home directly across from where
that green space has been placed in option 3 so that is a nice option perhaps if it is landscaped a
bit more in some fashion that does not need to be outlined in any detail this evening. Freerks
noted this project will be a lovely addition to Iowa City and that neighborhood.
Martin noted that having the berm is what is really important in her opinion.
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 6 of 14
Thomas agreed that the berm from a screening standpoint is most important. He also
appreciated Freerks mentioning that in the mixed use having more space, more landscaping on
option 3; in this situation has some value.
Martin is not opposed to option 3 but it seems awkward with just grass there. Thomas noted it just
looks unfinished in the current plan. Freerks noted they could say the additional green space
needs to be landscaped in some fashion. They do not need to outline it exactly, it is always a
given to try to maintain any trees that can be saved and are beneficial to a design.
Eastham stated that option 1 seems to have the advantage to him at least in that the applicant
prefers that option which is not inconsequential. Additionally option 3 does put 10 or 11 parking
spaces on the north boundary which is next to a residential area.
Freerks noted that would initially be a vacant lot, there currently is no home there. It is quite a
large lot and the residential would be far enough away. Her bigger concern is for the residential
already in the area, across the street.
Martin asked for clarification that lot 2 is not to be built on.
Duane Musser, MMS Consultants, stated that lot 2 would be placed for sale for a residential
home. With option 3 those parking spaces that would no longer be landbanked could potentially
be right next to a single family home versus along Dubuque Road and separated by the right-of-
way.
Freerks noted there is a lot of space on lot 2 and feels that the land banked area shown in options
1 and 2 will become parking spaces in the future anyway.
Musser noted that lot 2 will be sold as a single family home lot, and they will have no control over
where they place the house.
Martin noted the parking lot would be in place first, so the buyer of lot 2 would know what they are
getting into.
Freerks closed public hearing.
Theobald made a comment about the landscaping, stating she did not have an objections with
either option 1 or 3, she prefers option 3, but would like to see exploring saving those two lovely
trees.
Miklo asked Theobald for more clarification where the trees were on the property.
Freerks stated she was uncomfortable having the trees noted as -a requirement, but to request
that it be explored.
Eastham made a motion to approve REZ15-00002, a rezoning from Low Density Single
Family (RS -5) to Mixed Use (MU) for 4.26 acres of property located at the northeast comer
of Dubuque Road and N. Dodge Street subject to a Conditional Rezoning Agreement
requiring:
1. Staff approval of a landscaping plan in conjunction with the site plan for Lot 1
showing a minimum S3 screening along the west and north sides of the parking
area, and a minimum 15 foot setback of the parking area from the Dubuque Rd right
Planning and Zoning Commission
April 2, 2015 — Formal Meeting
Page 7 of 14
of way with additional setback where shown on option 3.
2. Parking along the north and east property lines of Lot 1, identified as 'Phase 2
Parking' on the- Site Concept Plan, remain unpaved unless approved by the
Director of the Department of Neighborhood Services based on evidence of need.
3. General conformance with the site concept plan known as option 3 shown at the
April 2, 2015 meeting.
Dyer seconded the motion.
Freerks noted it will be a wonderful addition to Iowa City, the architecture would be nice along that
area as well, and to have a medical clinic in that part of Iowa City.
Swygard questioned the motion Eastham made, noting that the subdivision portion was not
included.
Eastham amended his motion to also approve SUB15-00004, a preliminary plat of Pleiades
First Addition, a 2 -lot, 7.15 acre subdivision located at the northeast corner of Dubuque
Road and N. Dodge Street.
Dyer seconded the amendment.
Thomas noted it was nice to see at a gateway into Iowa City a project that looks like it's raising
the bar in terms of architectural design.
Freerks stated she was happy to see the applicant put in some effort and give options and that
the end result will be better.
Dyer noted she was concerned about the excessive amount of parking at the last meeting and
wanted to say she appreciated the applicant's consideration of that by removing some of the
parking.
A vote was taken and the motion carried 7-0.
COMPREHENSIVE PLAN ITEMS
Martin recused herself from the discussion of this item and left the room.
Discussion of proposed amendments to the Comprehensive Plan for the blocks north of
Iowa Ave and east of Gilbert St; and east of Van Buren St and north of Burlington St,
which are not in the Central Planning District.
Miklo noted again this was an item the Commission has discussed at previous meetings so he
would not go into a lot of detail on the staff report. He will address some key items, staff had
outlined some zoning options that might be explored in the future and implementing amendments
to the plan and finally to explore height step downs for the commercial zones where they are
adjacent to residential zones. Staff did point out that they did not have time to do a detailed
analysis to come up with specifics, but they did look at how other cities deal with building heights
when higher density area and lower density areas are adjacent to each other. They will do that
analysis at the next level, when they actually draft the code language but the concept is where
Prepared by: John Yapp, Development Services Coor., PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5252 (REZ15-00002)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.26 ACRES OF PROPERTY
LOCATED AT THE NORTH EAST CORNER OF DUBUQUE RD D N DODGE ST, FROM LOW
DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO MIXED USEA U). (REZ15-00002)
WHEREAS, the Applic nt (Focus Commercial Real Estate, LL and Owner (Pleiades, LLC) have
requested a rezoning of prop rty located at the north east corner of D buque Rd and N Dodge St from Low
Density Single Family Residen ' I(RS-5) to Mixed Use (MU); and
WHEREAS, the Comprehe sive Plan, specifically the North istrict Plan indicates that Mixed Use is
appropriate at the NE corner of D uque Rd and N Dodge St; and
WHEREAS, the Planning an Zoning Commission has t e reviewed the proposed rezoning and
determined that it complies with the omprehensive Plan provi ed that it meets conditions addressing the
need for additional landscaping on th west and north sides o the proposed parking area, and addressing
the size of the parking area through all Ili ' ation on the amount f parking that can be paved unless a need for
additional parking can be demonstrated; a d
WHEREAS, Iowa Code §414.5 (201 provides that he City of Iowa City may impose reasonable
conditions on granting an applicant's rezon g request, ver and above existing regulations, in order to
satisfy public needs caused by the requested anger a
WHEREAS, the owner and applicant have greed at the property shall be developed in accordance
with the terms and conditions of the Conditional oni Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY E CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Condi onal oning Agreement attached hereto and incorporated
herein, property described below is hereby r sified m its current zoning designation of Low Density
Single Family (RS -5) to Mixed Use (MU):
A PORTION OF THE SOU/RH
T QUART OF THE NORTHWEST QUARTER
AND A PORTION OF THE NOST QUART OF THE SOUTHWEST QUARTER
ALL OF SECTION 2, TOWN9 NORTH, NGE 6 WEST, OF THE FIFTH
PRINCIPAL MERIDIAN, IOW, JOHNSON UNTY, IOWA, INCLUDING A
PORTION OF LOTS 2 AND 3 OB RICORD'S S BDIVISION, IN ACCORDANCE
WITH THE PLAT THEREOF DED IN DEED BOK 15 AT PAGE 146 OF THE
RECORDS OF THE JOHNSOUNTY RECORDER OFFICE, DESCRIBED AS
FOLLOWS:
Beginning at the Southwest Co er of the Southeast Quarter of the Northwest Quarter of Section
2, Township 79 North, Rang 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; ThenceN18°00' 1 "E, along the Centerline of Dubuque'Road, 185.85 feet; Thence
S88°45'25"E, 301.21 feet; Th nce S36018'18"E. 261.91 feet, to a Point, on the Northerly Right -
of -Way Line of Iowa Highwa No. 1; Thence S53°42'55"W, along said Northerly R�i t -of --Way
Line, 496.25 feet; Thence S5 °59'36"W, along said Northerly Right -of -Way Line, 1`,995 feet, to
its intersection with the asterly Right -of -Way Line of said Dubu Ra; T=
N18°11'31"W, along said E sterly Right -of -Way Line, 65.81 feet, to the Sout t Giner
2 of Jacob Ricord's Subdi ision, in accordance with the Plat thereof Recordelt jr1rC � Boc 'T5,
at Page 146 of the Record of the Johnson County Recorder's Office; ThenceI 11'05"E, ft
the East Line of said Lot , a distance of 334.60 feet, to the Point of Begi SM Trt+
f
Land contains 4.26 Acres, and is subject to easements and restrictions of recor p
X*
,Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon pnd approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of ance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinconflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or paOrdinance shall be adjudged to be
invalid or unconstitutional, uch adjudication shall not affect the the Ordinance as a whole or any
section, provision or part the eof not adjudged invalid or unconstit
SECTION VII. EFFECT E DATE. This Ordinance shall b: ct after its final passage, approval
and publication, as provided by w.
Passed and approved this day of Z, 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
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Prepared by: John Yapp, Development Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-
00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Pleiades LLC (hereinafter "Owner"), and Focus Commercial Real Estate
LLC (hereinafter "Applicant").
WHEREAS, Owner is the legal title holder of approxima ely 4.26 acres of property
located at the north east corner of Dubuque Rd and N Dodge St in I wa City; and
WHEREAS, the Owner has requested the rezoning of sajd property from Low Density
Single Family (RS -5) to Mixpd Use (MU); and
WHEREAS, Iowa C de §414.5 (2015) provides that th City of Iowa City may impose
reasonable conditions on g nting an applicant's rezoning r quest, over and above existing
regulations, in order to satisfy ublic needs caused by the reqVested change; and
WHEREAS, the Owner cknowledges that cert ' conditions and restrictions are
reasonable to ensure the develo ent of the property is consistent with the Comprehensive
Plan specifically the need for additio al landscaping at the/west and north sides of the proposed
parking area, and addressing the size f the parking are through a limitation on the amount of
parking that can be paved unless a nee or additional pa/king can be demonstrated; and
WHEREAS, the Planning and ZoningN
conditions regarding landscaping and the
zoning is consistent with the Comprehensive
NOW, THEREFORE, in consideration of the
agree as follows:
1. Pleiades, LLC is the legal title holder of,
missn has determined that, with appropriate
of a proposed parking area, the Muested
I; d 4n
I t I promises contained hereip,, thej parti�5"
w M
e prope legally described as: iito
A PORTION OF THE SOUTHEAS7 QUARTER O THE NORTHWE QUAgTER
AND A PORTION OFTHE N THEAST QUA ER OF THE SOUTHWEST
QUARTER ALL OF SECTION 2, OWNSHIP 79 NOR ,RANGE 6 WEST, OF THE
FIFTH PRINCIPAL MERIDIA IOWA CITY, JO SON COUNTY, IOWA,
INCLUDING A PORTION OF TS 2 AND 3 OF JACOB R ORD'S SUBDIVISION,
IN ACCORDANCE WITH TH PLAT THEREOF RECORD IN DEED BOOK 15
AT PAGE 146 OF THE RE ORDS OF THE JOHNSON CO TY RECORDER'S
OFFICE, DESCRIBED AS F LLOWS:
Beginning at the Southwes Corner of the Southeast Quarter of the Northwest Quarter of
Section 2, Township 79 N rth, Range 6 West, of the Fifth Principal Meridian, Iowa City,
Johnson County, Iowa; 7bence N18°00'31"E, along the Centerline of Dubuque Road,
185.85 feet; Thence S8 45'25"E, 301.21 feet; Thence S36°18'18"E. 261.91 feet, to a
Point on the Northerly Right -of -Way Line of Iowa Highway No. 1; Thence
S53°42'55"W, along said Northerly Right -of -Way Line, 496.25 feet; Thence
ppdadm/agUrez15-00002 cza.doc 1
S57°59'36"W, along said Northerly Right -of -Way Line, 117.95 feet, to its intersection
with the Easterly Right -of -Way Line of said Dubuque Road; Thence N18°11'31"W,
along said Easterly Right -of -Way Line, 65.81 feet, to the Southwest Corner of Lot 2 of
Jacob Ricord's Subdivision, in accordance with the Plat thereof Recorded in Deed Book
15, at Page 146 of the Records of the Johnson County Recorder's Office; Thence
N01'1 1'05"E, along the East Line of said Lot 2, a distance of 334.60 feet, to the Point of
Beginning. Said Tract of Land contains 4.26 Acres, and is subject to easements and
restrictions of record.
2. In consideration of the City's rezoning the subject prop rty, Owner and Applicant agree
that development of the subject property will conformall requirements of the zoning
chapter, as well as the following conditions. -
A. General c(�formance with the site concept plan date
/d March 5, 2015 attached hereto
and incorpo ated by reference herein.
B. Staff approvaf a landscaping plan in conjunc
Pleiades First A dition in conformance with the
showing a minim S3 screening along the
including a minim 15 foot setback and be
Dubuque Rd right of ay, and no parking st I:
west side of Dubuque d.
ty n with site plan approval for Lot 1 of
ite concept plan dated March 5, 2015,
:st and north sides of the parking area
separating the parking area from the
directly opposite the RS -5 zone on the
C. Parking along the north e t sides of the arking area, identified as 'Phase 2 Parking'
on the attached site con__
p Ian, remai unpaved unless approved by the Director of
Neighborhood and Developm t Servi s based on evidence of need.
3. The conditions contained herein are ea onable conditions to impose on the land under
Iowa Code §414.5 (2015), and that sa conditions satisfy public needs that are caused
by the requested zoning change.
4. In the event the subject property iV transkred, sold, redeveloped, or subdivided, all
redevelopment will conform with the/terms of tkis Conditional Zoning Agreement.
5. This Conditional Zoning Agreeme t shall be dee ed to be a covenant running with the
land and with title to the land, anj shall remain in ftX.1 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 acknowled9b that this agreement sha inure to the benefit of and bind
all successors, representativeA, and assigns of the parties.
6. Nothing in this Conditional oning Agreement shall be construed to relieve the Owner or -
Applicant from complying th all other applicable local, state, and federal regulations.
a
7. This Conditional Zoni Agreement shall be incorporated by erenc� into -the
ordinance rezoning th subject property, and that upon adoption an lid%on o" e
ordinance, this agreement shall be recorded in the Johnson County deA Offie�t
the Applicant's expense. w [
M
Dated this day of , 20_.,IZI
ppdadMagUrez15-00002 cza.doc 2
CITY OF IOWA CITY
Matthew J Hayek, Mayor By:
Attest:
Marian K. Karr, City
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before
Hayek and Marian K. Karr as Mayor and City
By:
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20_ by Matthew J.
of the City of Iowa City.
Notary Public i\and the State of Iowa
(Stamp or Seal)
Title (and Rank)
FOCUS COMMERICAL REAL EST TE LLC ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 20_ by
as of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
ppdadm/agt/rez15-00002 cza.doc 3
Title (and Rank)
PLEIADES, LLC ACKNOWLEDGMENT:
State of _
County of
This record was ackno edged before me on (Date)
by (Name(s) of individual(sfaarty�on
(type of , such as officer or trustee) of
(name behalf of whom record
was executed).
Notary Public n and for the State of Iowa
(Stamp or Soal)
Title (and Wank)
My comnXission expires:
0
JV"
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240, 319-356-5241 6b
(REZ14-00008)
ORDINANCE NO. 15-4616
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property
located near the northwest corner of Muscatine Avenue and Scott Boulevard from Low Density Single
Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, this 1.36 acres was shown as right-of-way adjacent to an RM -12 zoned lot on the Terra
Verde Final Plat, and
WHEREAS, in lieu of Terra Verde, the applicant has submitted Silver Slope, a new plat, showing a
change to the street configuration resulting in this 1.36 acres being incorporated into the adjacent multi-
family lot, and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to the
Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the Johnson County
Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde is paved, and requiring that the multi -family buildings be constructed
in substantial compliance with a November 30, 2010 site plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the vacation of the
Terra Verde final plat including Terrance Lane to require that sidewalks be installed adjacent to Muscatine
Avenue at the time Silver Lane, the replacement street for Terrance Lane, is paved; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby reclassified from its current zoning designation
of Low Density Single Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12):
Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S87°35'12"W, along the South line of the Northeast One -Quarter of
said Section 13, a distance of 50.00 feet, to the POINT OF BEGINNING; Thence continuing
S87°35'12"W, along said South line, 340.00 feet, to the Southeast corner of a Tract of Land described
in the Warranty Deed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County
Recorder's Office; Thence N01°30'01"W, along the East line of said Warranty Deed, and its Northerly
extension thereof, 527.19 feet; Thence N44°52'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet;
Thence Southeasterly, 173.66 feet, along an arc of a 150.00 foot radius curve, concave
Northeasterly, whose 164.12 foot chord bears S78°17'00"E; Thence Northeasterly, 90.67 feet, along
an arc of a 150.00 foot radius curve, concave Southeasterly, whose 89.30 foot chord bears
N85°52'01"E; Thence S76°48'58"E, 13.77 feet, to a point on the West line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at Page 84, in said
Records, Thence S01°30'01"E, along said West line, 33.29 feet; Thence S88'29'59"W, 279.96 feet;
Thence S01°30'01"E, 434.89; Thence N88023'07"E, 279.96 feet, to a point on said West line of
Parcel "3"; Thence S01°30'01"E. along said West line, 5229 feet, to said POINT OF BEGINNING,
containing 1-36 acres, more or less, and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law
Ordinance No. 15-4616
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 21st day of April 20_L5
ATTEST: JYJ h.<n.zl
Cilry CLERK
Ap4ovad tb,� L
City Attorney's Office 3 f J� {5
7
Ordinance No. 15-4616
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
First Consideration
Vote for passage: AYES:
Throgmorton. NAYS:
Second Consideration _
Vote for passage:
x
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
04/15/2015
Botchway, Dickens, Hayek, Mims, Payne
None. ABSENT: Dobyns.
Date published 04/30/2015
Moved by Mims , seconded by Pavne , that the rule requiring
ordinances to be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be suspended, the second consideration
and vote be waived and the ordinance be voted upon for final passage at this time.
AYES: Payne, Throgmorton, Botchway, Dobyns, Hayek, Mims.
NAYS: None. ABSENT: Dickens.
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 1.36 acres of property
located at north of Muscatine Avenue and west of Scott Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single -Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, the Planning and Zoning Commission has recommend approval of the
rezoning of this property form RS -5 to RM12; and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to
the Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the
Johnson County Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine
Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is paved, and requiring that
the multi -family buildings be constructed in substantial compliance with a November 30, 2010 site
plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the
vacation of the Terra Verde final plat including Terrance Lane to require that sidewalks be
installed adjacent to Muscatine Avenue at the time Silver Lane, the replacement street for
Terrance Lane, is paved; and
WHEREAS, Iowa Code §414.5 (2013) 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 pedestrian connections; 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:
Hieronymus Family Partnership, LLC is the legal title holder of the property legally
described as: Commencing at the East Quarter Corner of Section 13, Township 79 North,
Range 6 West, of the Fifth Principal Meridian; Thence S87°35'12"W, along the South line of the
Northeast One -Quarter of said Section 13, a distance of 50.00 feet, to the POINT OF
BEGINNING; Thence continuing S87°35'12"W, along said South line, 340.00 feet, to the
Southeast corner of a Tract of Land described in the Warranty Deed, as recorded in Book 1146,
at Page 59, in the Records of the Johnson County Recorder's Office; Thence N01030'01"W,
along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet;
Thence N44°52'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, 173.66
feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord
ppdadmlagUconditional zoning agreement- hicronymus,doc
bears S78017'00"E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77
feet, to a point on the West line of Parcel "3" of the Ralston Creek South Property Acquisition Plat
of Survey, as recorded in Plat Book 19, at Page 84, in said Records; Thence S01°30'01"E, along
said West line, 33.29 feet; Thence S88029'59"W, 279.96 feet; Thence S01°30'01"E, 434.89;
Thence N88023'07"E, 279.96 feet, to a point on said West line of Parcel "3"; Thence
S01°30'01"E. along said West line, 52.29 feet, to said POINT OF BEGINNING, containing 1.36
acres, more or less, and subject to easements and restrictions of record.
2. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following condition: A sidewalk on the north side of Muscatine
Avenue shall be extended from Juniper Drive to Scott Boulevard. Owner shall install said
sidewalk concurrently with the construction of the public improvements installed on
property described above and in Ordinance 11-4422..
3. The Conditional Zoning Agreement recorded at Book 4723, Page 906-912 is hereby
amended as follows: The condition stated in Paragraph 3(a) therein to install the
sidewalk described above shall be required at the time the public improvements are
installed on the property described in said agreement and rezoned according to
Ordinance 11-4422. All other conditions of said agreement not amended herein shall
remain in full force and effect.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this Conditional Zoning Agreement.
6. 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 Citv of Iowa Citv.
Tthis agreement shall inure to the benefit of and bind all successors, representatives,
and assigns of the parties.
7. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
8. 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 21stday of April , 20 15
CITY OF IOWA CITY OWNER:
_p Hier n us lPartnership, LLC
Matthew Hayek, Mayor "¢y:
ppdadmlagVcontlgional zoning egreemenl- hieronymus.Coc
Attest:
Maria -in -K. Karr, City Clerk
Approved by:
jai C'�
City Attorney's Office 3 /11//S-
CITY
1i//S_CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on n St , 20/5 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
k --L- 6�—, k Tc. f-�L.,,
Notary Public in and for the State of Iowa
(Stamp or Seal) is ai4ewF rc TurnE
um cslon E Pres
Title (and Rank) �doA
Hieronymus Family Partnership, LLC Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this TYCCdayof fl, 1c. rC I^ 20 1 S , before me, the unders,ig�ned, a Notary Public
in and for the State of Iowa, personally appeared ink /� l �x (_4 N,e Y -on rr,uS to me
personally known who being by me duly sworn, did say that theJ person is
(VAO-1 : n a I r J r e (title) of Hieronymus Family Partnership, LLC, and that said
instrumer was signed on be alf of the said limited liability company by authority of its managers
and the said W x (poo I -6r v r- acknowledged the execution of said instrument to be the
voluntary act and deet of 4d limited liability company by it voluntarily executed.
ppdadmlagUconditional zoning agreement- nieronymus.doc
Notary Public in and for the State of Iowa
My commission expires:
(Stamp or Seal)
v�tR�s,
KELLIE K. TUTTLE
rri n f!urnber 221819
Title (and Rank)
l-
Coen sslo Expires
L%—
JA
ppdadmna9Vconditional zoning agreement- hieronymus.don 4
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ14-00008)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus
located near the northwest corner of Mus
Family Residential (RS -5) to Low Density M
WHEREAS, this 1.36 acres was
Verde Final Plat; and
WHEREAS; in lieu of Terra Verde, the
change to the street configuration resulting
family lot; and
16 F ily Partnership, has requested a rezoning of property
tine Avenue and Scott Boulevard from Low Density Single
-Family Residential (RM -12); and
as right-of-way adjacent to an..RM-12 zoned lot on the Terra
applicant has submitted ,Silver Slope, a new plat, showing a
,in this 1.36 acres being' incorporated into the adjacent multi -
WHEREAS, the existing RM -12 zoic
Conditional Zoning Agreement recorded at Bai
Recorder's Office, requiring that sidewalks be I
the time Terrence Lane in Terra Verde is pave
in substantial compliance with a November 30,
WHEREAS, a Conditional Zoning AgreemO
Terra Verde final plat including Terrance Lane t
Avenue at the time Silver Lane, the replacement
WHEREAS, the Planning and Zoning
recommended approval.
to which this f5 operty is being added is subject to the
4723, Page 906-912 in the records of the Johnson County
talled adjacent to Muscatine Avenue and Terrence Lane at
and requiring that the multi -family buildings be constructed
)10 site plan and building elevations; and
it is necessary to reflect the change in the vacation of the
require that sidewalks be installed adjacent to Muscatine
ptreet for Terrance Lane, is paved; and
NOW, THEREFORE, BE IT ORDAINED BY THE
SECTION I APPROVAL. Subject to the
incorporated herein, property described below is hE
of Low Density Single Family Residential (RS -5) to
ission has reviewed the proposed rezoning and has
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
litional Zoning Agreement attached hereto and
reclassified from its current zoning designation
Density Multi -Family Residential (RM -12):
Commencing at the East Quarter Corner of Se tion 13, Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S87°35'12"W, a ng the South line of the Northeast One -Quarter of
said Section 13, a distance of 50.00 feet, to he POINT OF BEGINNING; Thence continuing.
S87035'1 2"W, along said South line, 340.00 feet, t the Southeast corner of a Tract of Land described
in the Warranty Deed, as recorded in Book 1146, t Page 59, in the Records of the Johnson County
Recorder's Office; Thence N01 030'01 "W, along the ast line of said Warranty Deed, and its Northerly
extension thereof, 527.19 feet; Thence N44°5258' , 80.43 feet; Thence S45°07'02"E, 28.16 feet;
Thence Southeasterly, 173.66 feet, along an a c of a 150.00 foot radius curve, concave
Northeasterly, whose 164.12 foot chord bears S7801 '00"E; Thence Northeasterly, 90.67 feet, along
an arc of a 150.00 foot radius curve, concave S utheasterly, whose 89.30 foot chord bears
N85°52'01 "E; Thence S76°48'58"E, 13.77 feet, to a poi t on the West line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Survey, as r corded in Plat Book 19, at Page 84, in said
Records; Thence S01 °30'01 "E, along said West line, 3 .29 feet; Thence S88°29'59"W, 279.96 feet;
Thence S01°30101"E, 434.89; Thence N88°23'07"E, 2 .96 feet, to a point on said West line of
Parcel "3'; Thence S01°30'01"E. along said West line, .29 feet, to said POINT OF BEGINNING,
containing 1.36 acres, more or less, and subject to easem is and restrictions of record.
SECTION 11. ZONING MAP. The building official is hereby authod and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendmen upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION 111. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
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 adjudg4d invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. Thi 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
Approved b
City Attorney's Office j ill tS,
l t
i
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008)
CONDITIONAL ZONING -AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is the legal Ititle holder of approximately 1.36 acres of property
located at north of Muscatine Avenue an4 west of Scott Boulevard; and
WHEREAS, the Owner has requ$sted the rezoning of said property from Low Density
Single -Family Residential (RS -5) to Low De11 nsity Multi -Family Residential (RM -12); and
WHEREAS, the Planning and Zo6ing Commission has recommend approval of the
rezoning of this property form RS -5 to RM1�; and
WHEREAS, the existing RM -12 zona
the Conditional Zoning Agreement recorded
Johnson County Recorder's Office, requiring
Avenue and Terrence Lane at the time Terrer
the multi -family buildings be constructed in su
plan and building elevations; and
to which this property is being added is subject to
3t Book 4723,; Page 906-912 in the records of the
that sidewalks be installed adjacent to Muscatine
e Lane in,terra Verde is paved, and requiring that
:)tantial compliance with a November 30, 2010 site
WHEREAS, a Conditional Zoning Agreeipbrit is necessary to reflect the change in the
vacation of the Terra Verde final plat includinTerrance Lane to require that sidewalks be
installed adjacent to Muscatine Avenue at the ime Silver Lane, the replacement street for
Terrance Lane, is paved; and
WHEREAS, Iowa Code §414.5 (29113) pro 'des that the City of Iowa City may impose
reasonable conditions on granting an applicant's zoning request, over and above existing
regulations, in order to satisfy public needs caused b the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the prope y is consistent with the Comprehensive
Plan and the need for pedestrian connections; and
WHEREAS, the Owner agrees to develop this p perry in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual p omises contained herein, the parties
agree as follows:
1. Hieronymus Family Partnership, LLC is the leg a title holder of the property legally
described as: Commencing at the East Quarter Cor er of Section 13, Township 79 North,
Range 6 West, of the;°Fifth Principal Meridian; Thence S 7°35'12"W, along the South line of the
Northeast One -Quarter of said Section 13, a distanc of 50.00 feet, to the POINT OF
BEGINNING; Thence continuing S87035'12"W, along s id South line, 340.00 feet, to the
Southeast corner of :a Tract of Land described in the Warra y Deed, as recorded in Book 1146,
at Page 59, in the ;`Records of the Johnson County Recor is Office; Thence N01 °30'01 "W,
along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet;
Thence N44°52'58"E, 80.43 feet; Thence S45007'02"E, 28.16 feet; Thence Southeasterly, 173.66
feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord
ppdadm/agt/conditional zoning agreement- hieronymus.doc
bears S78017'00"E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77
feet, to a point on the West line of Parcel "3" of the Ralston Creek South Property Acquisition Plat
of Survey, as recorded in Plat Book 19, at Page 84, in said Records; Thence S01 °30'01 "E, along
said West line, 33.29 feet; Thence S88029'59"W, 279.96 feet; Thence S01 °30'01 "E, 434.89;
Thence N88°23'07"E, 279.96 feet, to a point on said West line of Parcel "3'; Thence
S01030'01"E. along said West line, 52.29 feel, to said POINT OF BEGINNING, containing 1.36
acres, more or less, and subject to easements and restrictions of record..
2. In consideration of the City's rez ing the subject property, Owner agrees that
development of the subject grope will conform to all requirements of the zoning
chapter, as well as the following c dition: A sidewalk on the north side of Muscatine
Avenue shall be extended from Juni er Drive to Scott Boulevard. Owner shall install said
sidewalk concurrently with the co struction of the public improvements installed on
property described above and in Or inance 11-4422..
3. The Conditional Zoning Agreement tl
amended as follows: The conditioll
sidewalk described above shall be r
installed on the property described
Ordinance 11-4422. All other conditii
remain in full force and effect.
.corded at Book4723, Page 906-912 is hereby
stated in Paragraph 3(a) therein to install the
quired at the time the public improvements are
in said agreement and rezoned according to
�s of said agreement not amended herein shall
4. The conditions contained herein are rea onab.le conditions to impose on the land under
Iowa Code §414.5 (2013), and that said onditions satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is tranaXerred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms 4 this Conditional Zoning Agreement.
6. This Conditional Zoning Agreement shall be eemed to be a covenant running with the
land and with title to the land, and shell rernak in full force and effect as a covenant with
title to the land, unless or until released of rec rd by the City of Iowa City.
Tthis agreement shall inure to the benefit of Ind bind all successors, representatives,
and assigns of the parties.
7. Nothing in this Conditional Zoning Agreementsh II be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
8. 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 ohnson County Recorder's Office at
the Applicant's expense.
Dated this day of
CITY OF IOWA CITY
Matthew Hayek, Mayor
ppdadmlagticonditional zoning agreement- hieronymus.doc 2
20_
Partnership, LLC
Attest:
Marian K. Karr, City Clerk
Approved by:
C 1,74
City Attorney's Office 3
CITY OF IOWA CITY ACKNOWLEDGEME
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
Hayek and Marian K. Karr as Mayor and City Clerk,
Pu
or
(and
Hieronymus Family Partnership, LLC
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
20_ by Matthew J.
, of the City of Iowa City.
in and for the State of Iowa
On this L r�day of 20 before me)
in and for the State of Iowa, personolly appeared h
personally known who being "by me duly sworn, d
�irlG� n cx� i ,1 , r-} r e..r" ; '(title) of Hieronymus Family
instrumen was signed on be%alf 9f the said limited liability comr
and the said t c i,1 vl r acknowledged the exec
voluntary act and dee of sidirl limited liability company by it volur
ppdadm/agt/conditional zoning agreement- hieronymus.doc 3
undersi ned, a Notary Public
- 7? ront4n2u§ to me
say that thej person is
rtnership, LLC, and that said
r by authority of its managers
n of said instrument to be the
Iv executed.
Notary Public in and for the State of Iowa
ppdadm/agt/conditional zoning agreement- hieronymus.doc
16Z
Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5156
ORDINANCE NO. 15-4617
ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE
SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS
ORGANIZED: TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND
TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED
POSITIONS.
WHEREAS, restructuring within the City organization to realign the Landfill and Refuse divisions from
the Public Works Department into the Transportation Services Department, creating the Transportation
and Resource Management Department will result in name changes to departments and the department
head; and
WHEREAS, during the City Council's budget work session, this realignment was identified as a way
to enhance City operations; and
WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the
names of departments and the titles of said department heads within the City and to extend the powers
and duties of the former positions to the revised positions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
A. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS,
SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, is hereby
amended by striking Department of transportation services and Director of transportation services
and replacing with Department of transportation and resource management and Director of
transportation and resource management;
B. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS,
SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, shall be further
amended by adding the following provision at the end of Section 1-8-1. "After July 1, 2015, any
reference to Director of transportation services shall mean the Director of transportation and
resource management, with the latter having all of the powers and duties granted to the former
under the provisions of this code."
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 21 day of April 2015.
ATTEST:. 1�1 u� 4A)
CITY CLERK
ordinance Na 15-4617
Page 2
Approved by
City Attorney's Office
Ordinance No. 15-4617
Page 3
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 04/07/2015
Voteforpassage: AYES: Botchway, dickens, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: Dobyns.
Second Consideration _
Vote for passage:
Date published
----------------------
04/30/2015
Moved by Mims, seconded by Payne, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Hayek, Mims, Payne,
Throgmorton, Botchway, Dobyns. NAYS: None. ABSENT: Dickens.
04-21-15
18
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 15-4618
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH PROVISIONS FOR
FOOD TRUCK VENDING ON CITY STREETS.
WHEREAS, in 2014 the City engaged in a pilot project for food truck vending;
WHEREAS, food truck vending should be allowed on City streets except in certain restricted areas,
including the downtown area, residential areas, and within 150 feet of any restaurant; and
WHEREAS, it is in the City's best interest to establish a permitting system to allow food truck vending
on City streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby
amended to add a new Section 16, entitled "Food Trucks" and will read as follows:
A. Definitions
Downtown Zone. The areas illustrated on the map at the end of this section.
Food Truck. A motorized vehicle specially equipped to prepare and sell food items to the general
public.
Truck Permit. Written authorization by the City to operate a Food Truck on public right of way as
provided in this chapter.
Operate. To offer for sale food and beverage items to the general public; it does not mean either
loading or unloading food or beverage items in bulk or other materials.
Restaurant. Restaurant as that term is defined in Section 10-3-1 of this code.
B. No person may operate a food truck on public right of way without a food truck permit as provided
herein.
C. Permit.
1. An application for a food truck permit shall be filed with the City Manager or designee on a form
provided by the City.
2. The permit shall require the permittee to pay on behalf of the City all sums which the City shall be
obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from
use of public property and the public right of way, whether sustained by any person or persons, caused by
accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the
City arising out of the use of public property and the public right of way.
3. The permit shall require the permittee to obtain insurance in an amount determined by the City's
risk manager.
4. The City Manager or designee shall grant or deny the application for a permit in writing within thirty
(30) calendar days after the application being filed. The City Manager or designee shall grant the
application and issue a permit if the requirements set forth in the administrative rules have been met.
5. The applicant may appeal the denial in the same manner as mobile vending permits in Title 10.
6. The City Manager or designee, or City Council if issued following an appeal, may revoke a food
truck permit as provided in the administrative rules. A permittee may appeal the revocation in the same
manner as appealing the issuance or denial of a permit.
7. The administrative rules may limit the number of permits granted.
8. Permits shall be issued for one (1) year.
9. The permittee shall not offer tobacco or alcoholic beverages for sale.
10. The sale, transfer, or assignment of a permit is expressly prohibited.
D. No person shall operate, and no permittee shall allow a food truck to be operated, on public right of way
in the following locations:
1. Inside the Downtown Zone;
2. Within 150 feet of an entrance to a restaurant;
Ordinance No. 15-4618
Page 2
3. In a residential zone, as defined in the Zoning Code; or
4. Ina loading zone.
The administrative rules may expand the areas where a food truck is prohibited from operating.
E. Notwithstanding any other provision in the code, a person may:
1. Operate a food truck in two metered spaces if the parking meters for both spaces are operational.
2. Operate for up to three (3) hours in a metered space with an established time period of two (2)
hours or less if the meter is operational,
3. Back a food truck into and park and operate it in an angled stall.
F. Fees for food truck permits shall be set by resolution of the City Council.
G. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to
carry out the provisions of this chapter. A copy of said rules shall be on file with the City Clerk and
available on the City's website.
SECTION II. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 21 s t day of April , 2015.
MAYOR
ATTEST: J {'(�/�,CCZyc� �C -&aA .)
CITY CLERK
Approved by
City Attorney's Office
Ordinance No. 15-4618
Page 3
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 03/23/2015
Voteforpassage: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Second Consideration 04/07/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: Dobyns.
Date published 04/30/2015
ON
1" = 200'
"DOWNTOWN ZONE"
FOOD TRUCK RESTRICTED AREAS
ADMINISTRATIVE RULES GOVERNING FOOD TRUCKS
Effective Date: April 21, 2015
Title 9, Chapter 4 of the Code of Ordinances of the City of Iowa City provides that
the City Manager may establish administrative rules for vending from mobile food
trucks. Reference to the "City' in the following administrative rules shall mean the
City Manager or his/her appointed designee.
1. Length of Permit
Permit shall be issued for a period of 1 year and shall be valid for 1 year
providing the vendor meets all requirements, operational policies and has paid
the fee. The permit period runs from January 1 st to December 31 st of each year.
The permit may be revoked using the criteria found in Section 6 of these
Administrative Rules at any time during the 1 year period. At the end of each 1
year period, all current permit holders will be required to re -apply.
2. Application
Applications will be received on a form provided by the City and available on the
City's web site or at the Building Division's office at any time. However, any
permit issued between January and November of a given year will always expire
on December 31 st of that year. Fees will be prorated on a monthly basis.
Applicants must contact the Johnson County Health Department prior to
submission of the City application to review health code compliance
requirements. The Health Department is located at 855 S. Dubuque Street, Iowa
City. Phone is 319-356-6040.
3. Approval Criteria
The application for a Food Truck permit shall be approved if the following
conditions are met:
a. The applicant has obtained all necessary permits required by the
Johnson County Health Department and provided the City with a copy of
said permits.
b. All applicable fees have been paid.
c. The application is fully completed and executed.
d. The indemnification agreement has been signed.
e. A Certificate of Liability insurance showing the City of Iowa City as
"Additional Insured" has been provided.
f. The application contains no material falsehood or misrepresentation.
g. The applicant has not damaged City property, and, If the applicant has,
the damage has been paid in full and the applicant has paid all other
outstanding debts to the City.
h. The applicant has complied with all applicable laws concerning the sale
or offering for sale any food related items.
i. The use or activity intended by the applicant is not prohibited by law.
j. There is a permit available. The number of permits is limited to five (5).
Criteria for approval of future renewal applications shall include the following in
addition to the criteria set forth above:
a. Prior satisfactory operation, including problems (if any) occurring
during past operations. - - - - -
b. The appearance and maintenance of the food truck. The exterior and
interior of the food truck must be maintained in a clean and sanitary
manner.
4. Fees and Charges
Fees for all permits are established by resolution of the City Council and must be
paid promptly and prior to the issuance of a permit. No Food Truck vendor shall
be allowed to operate until the appropriate fee has been paid to the City.
The Food Truck vending permit fee is $1,000 per year and the entire amount or
prorated amount must be paid before a permit is issued. The fee will be prorated
on a monthly basis for those permits issued after January in any given year. No
prorated fees will be refunded if permitee voluntarily ceases operation before the
permit expires.
5. Operational Policies
Food Trucks may operate seasonally or all year round.
The permitted hours of operation are from 7:00 AM to 9:00 PM any day of the
week.
The Food Truck vendor may sell any type of food or non-alcoholic beverage.
Food Trucks must be entirely self-contained. No outside source of electrical
power, either public or private is permitted.
All Food Trucks must be equipped with a 51b multi-purpose fire extinguisher.
The Food Truck's mode of operation must not impede the free flow of pedestrian
traffic along the public right of way, or in or out of adjacent properties or vehicles.
All trash and debris generated by the Food Truck must be kept off of City right of
way and the public sidewalks and the area left clean and litter free when the
Food Truck departs. The Food Truck vendor must provide trash receptacles for
customer use and removes said receptacles when leaving the site. Any grease,
fat or oil generated by the Food Truck shall be disposed of in proper containers
and not deposited on City right of way. The Food Truck vendor shall not dispose
of any grease, fat, oil, trash or debris in a City trash receptacle.
At no time shall a Food Truck in operational mode be left unattended on City right
of way.
Specific locations are prohibited for the operation of Food Trucks. Food Trucks
are not permitted to operate within the area defined by the attached boundary
map, within 150ft of any restaurant established in a building, within 150ft of any
food service operation in a University building, any area adjacent to the
Pentacrest or in any residential zone. Food trucks can operate in any commercial
zone and the River Front Crossings districts.
No Food Track shall operate in a manner that violates the Noise Ordinance of
Iowa City set forth in Title 6, Chapter 4 of City Code. No amplified sound is
permitted and no person shall offer for sale or sell anything from a Food Truck by
shouting or raised voice.
Food trucks can occupy parking spaces for no more than 3 hours in metered
spaces that normally allow up to 1 or 2 hours. For spaces that permit parking in
excess of 3 hours, the Food Truck can operate for as long as the space legally
permits.
The vendor shall display on the Food Truck a copy of the Johnson County Health
Department permit.
The sale, transfer or assignment of a Food Truck permit is expressly prohibited. If
the permitted vendor is not a natural person (for example a partnership, LLC or
corporation) and there is a substantial change, as determined by the City, in the
stock ownership, membership interest or partnership distribution, this will be
considered a sale, transfer or re -assignment of the permit and will not be
permitted. The permit will be revoked.
6. Revocation of a Permit
The City Manager or designee, or City Council if issued after an appeal may
revoke a Food Truck permit based on the following criteria:
a. It is determined by the Chief of Police or Fire Chief that, by reason of
disaster, public calamity, riot or other emergency, the public safety
requires such revocation.
b. The vendor has misstated any material fact in the application.
c. There is a substantial and material variance between the information in
the application and the actual facts or those facts which appear
reasonably to have occurred.
d. The Food Truck, both exterior and interior, is not being maintained in
clean and sanitary manner.
e. The vendor is operating a Food Truck in violation of the terms of the
permit, City ordinance, and all associated policies.
f. The vendor's insurance has been cancelled.
g. Vendor has past due parking violations.
h. The vendor violates any of the previously stated administrative rules and
requirements.
A vendor may appeal the revocation in the same manner as appealing the
issuance or denial of a permit.
Upon revocation of any Food Truck permit, a pro -rated portion of the permit fee
based on the month of revocation, less 20% of the pro -rated amount will be
returned to the vendor.
7. Minimum Insurance Requirements
The applicant shall agree to indemnify, defend, and save harmless the City of
Iowa City, its agents, officers, and employees, from and against all claims,
damages, losses and expenses in a manner resulting from, arising out of or
connected with, the Food Truck permit The applicant shall at all times, maintain a
policy of liability insurance from a company authorized to do insurance business
in the State of Iowa in the minimum amount of $1,000,000 for personal injuries
and $50,000 for property damage arising out of the permitted operation. The
applicant shall submit to Neighborhood and Development Services, prior to
vending, a Certificate of Liability insurance showing the City of Iowa City as
"Additional Insured". Such cancellation or change without written approval shall
be grounds to revoke the permit.
V* = 200'
"DOWNTOWN ZONE"
FOOD TRUCK RESTRICTED AREAS
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE IOWA CITY CHARTER PREAMBLE, AND ARTICLE II (CITY
COUNCIL) SECTION 2.06 (MAYOR), ARTICLE III (NOMINATION, PRIMARY ELECTION AND
REGULAR ELECTION) SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER)
SECTION 4.02 (ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND
COMMITTEES), SECTION 5.01 (ESTABLISHMENT) AND SECTION 5.02 (APPOINTMENT;
REMOVAL), ARTICLE VI (CAMPAIGN CONTRIBUTIONS AND EXPENDITURES) SECTION 6.03
(DEFINITION) AND ARTICLE VII (INITIATIVE AND REFERENDUM) AS RECOMMENDED BY
THE CHARTER REVIEW COMMISSION.
WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at
least once every ten (10) years;
WHEREAS, on January 7, 2014 by resolution No. 14-9 the City Council established a nine (9)
member Commission to review the Charter with a term beginning April 1, 2014 and ending no later than
April 1, 2015;
WHEREAS, the Charter Review Commission met twenty-five (25) times to review the Charter and
held two public hearings and a public meeting with interactive discussion;
WHEREAS, the Charter Review Commission submitted its recommendations to the Council bywritten
report dated March 9, 2015;
WHEREAS, the Charter requires that the City Council either adopt each Commission
recommendation by ordinance or submit it to the voters; and,
WHEREAS, it is in the best interest of the City to adopt said recommendations by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. The Preamble of the Charter is amended by deleting the entire preamble and substituting the
following new preamble in lieu thereof:
We, the people of Iowa City, Iowa, pursuant to the Constitution and statutes of the State of Iowa and the
principle of self-determination, proclaim that the government of Iowa City belongs to all its residents and
all share the responsibility for it. We hereby adopt this Charter and confer upon it the full home rule
powers of a charter city. By this action we adopt the following principles:
1. Resident participation on an inclusive basis in democratic self-government.
2. The provision of service relating to the health, safety, and welfare of its residents in a fair,
equitable and efficient manner.
3. The conduct of city business in conformity with due process, equal protection under the laws, and
those individual liberties protected by the Constitution of the United States, the State of Iowa, and
local ordinances.
4. Civility by city employees in their interactions with the public
2. Article II, entitled "City Council", Section 2.06, entitled "Mayor", subparagraph B is amended by
deleting subparagraph B in its entirety and substituting the following new subparagraph B in lieu thereof:
B. The mayor is a voting member of the council, the official representative of the city, presiding officer
of the council and its policy spokesperson. The mayor may add items to the City Council agenda. The
Ordinance No.
Page 2
mayor shall present to the city no later than February 28 an annual state of the city message. ((
3671, 3-2
3. Article III, entitled "Nomination, Primary Election and Regular Election", Section 3.01, entitled
"Nomination" is amended by deleting Section 3.01 in its entirety and substituting the following new Section
3.01 in lieu thereof:
Section 3.01. Nomination
A. An eligible elector of a council district may become a candidate for a council district seat by filing with
the city Glerk Johnson County Commissioner of Elections a valid petition requesting that his or her name
be placed on the ballot for that office. Unless otherwise provided by state law, tThe petition must be filed
not more than sixty five (W eighty-five (85) days nor less than ferty-(40) sixty-eight (68) days before the
date of the election and Unless otherwise provided by state law, the petition must be signed by eligible
electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill
the same office at the last regular city election, but not less than ten (10) persons. (Ord. 05-4152, 3-1-
2005)
B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the sity
clerk Johnson County Commissioner of Elections a petition requesting that the candidate's name be
placed on the ballot for that office. Unless otherwise provided by state law, tThe petition must be filed not
more than sAyfive (65) eighty-five (85) days nor less than fogy (40) sixty-eight (68) days before the date
of the election and Unless otherwise provided by state law, the petition must be signed by eligible
electors equal in number to at least two (2) percent of those who voted to fill the same office at the last
regular city election, but not less than ten (10) persons. (Ord. 85-3227, 3-12-1985)
4. Article IV, entitled "City Manager", Section 4.02, entitled "Accountability, Removal" is amended by
deleting subparagraph A in its entirety and substituting the following new subparagraph A in lieu thereof:
Section 4.02. Accountability; Removal.
A. The city manager is under the direction and supervision of the council and holds office at its pleasure. A
city manager removed by the council is entitled to receive termination pay as provided by contract. I Inless
5. Article V, entitled "Boards, Commissions and Committees", Section 5.01, entitled "Establishment" is
amended by deleting Section 5.01 in its entirety and substituting the following new Section 5.01 in lieu
thereof:
Section 5.01. Establishment.
A With the exception of the community police citizens review board, the council may establish
boards in addition to those required by state law and shall specify the title, duties, length of term,
qualifications of members and other appropriate matters. The council may reduce or increase a board's
duties, transfer duties from one board to another or dissolve any board, except as otherwise provided by
state law or this charter.
A- B There shall be a permanent community police ctizens review board, which shall have vested in it
the following minimum powers:
Ordinance No.
Page 3
1. To hold at least one community forum each year for the purpose of hearing ^'''�ze„^s' views on the
policies, practices, and procedures of the Iowa City police department,. and
2 To make recommendations regarding such policies, practices, and procedures to the city council.
2. 3 To investigate citizen claims of misconduct by sworn police officers and to issue independent reports
of its findings to the city council; and
3. 4 The authority to subpoena witnesses. (Res. 07-262, 8-31-2007)
6. Article 5, entitled "Boards, Commissions and Committees", Section 5.02, entitled "Appointment,
Removal", is amended by replacing he word "citizens" with the word "residents".
7. Article VI, entitled "Campaign Contributions and Expenditures", Section 6.03, entitled "Definition", is
amended by deleting "chapter 56" and substituting "chapter 68K in lieu thereof.
8. Article VII, entitled "Initiative and Referendum", Section 7.01, entitled "General Provisions", Section
7.03, entitled "Petitions, Revocation of Signatures', Section 7.04, entitled "Procedure After Filing", Section
7.05, entitled "Action on Petitions", Section 7.06, entitled "Results of Election" and Section 7.07, entitled
"Prohibition on Establishment of Stricter Conditions or Requirements", are amended by deleting said sections
in their entirety and substituting the following new Sections 7.01, 7.03, 7.04, 7.05, 7.06 and 7.07 in lieu
thereof:
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority
(1)lnitiative. The qual4ied-eli ible electors have the right to propose measures to the council and, if the
council fails to adopt a measure so proposed without any change in substance, to have the measure
submitted to the voters at an election.
(2)Referendum. The qualified -eligible electors have the right to require reconsideration by the council of an
existing measure and, if the council fails to repeal such measure, to have it submitted to the voters at an
election.
(3)Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of
a legislative nature, however designated, which (a) are of a permanent rather than temporary character
and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as
opposed to one providing for the execution or administration of a law, policy or plan already enacted by
council.
B. Limitations.
(1)Subject Matter. The right of initiative and referendum shall not extend to any of the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
e No.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this charter.
0) Amendments affecting the city zoning ordinance or the land use maps of the comprehensive plan,
including the district plan maps.
(k) Public improvements subsequent to city council action to authorize acquisition of property for that
public improvement, or notice to bidders for that public improvement, whichever occurs earlier. 'Public
improvement" shall mean any building or construction work.
(2)Resubmission. No initiative or referendum petition shall be filed within two years after the same
measure or a measure substantially the same has been submitted to the voters at an election.
(3)Council Repeal, Amendment And Reenactment. No measure proposed by initiative petition and
adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to
this article, may for two years thereafter be repealed or amended except by a vote of the people, unless
provision is otherwise made in the original initiative measure. No measure referred by referendum petition
and repealed by the vote of the council without submission to the voters, or repealed by the voters
pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless
provision is otherwise made in the original referendum petition.
C. Construction.
(1)Scope Of Power. It is intended that this article confer broad initiative and referendum powers upon the
qualified-gli ible electors of the city.
(2)lnitiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure
in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an
existing measure.
(3)Referendum. It is intended that a referendum petition may repeal a measure in whole or in part.
D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate
any measure under consideration. Such measure shall remain in full force and effect until its amendment
or repeal by council pursuant to section 7.05(A) or until a majority of the qualified electors voting on a
Ordinance No.
Page 5
measure vote to repeal or amend the measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part
does not affect any obligations entered into by the city, its agencies or any person in reliance on the
measure during the time it was in effect. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions; Revocation Of Signatures.
A. Number Of Signatures. Initiative and referendum petitions must be signed by qualified-eli ible electors
equal in number to at least twenty-five percent 25% of the number of persons who voted in the last
regular city election, but such signatures of eligible electors shall be no fewer than hve theusand ffve
hundredthree thousand six hundred quaf'f'^F',�-��.o^^'Re supplementary pet tiGR shall be peFmitled (Ord. 90 3462, 6 26 1990)
B. Form And Content. All papers of a petition prepared for filing must be substantially uniform in size and
style and must be assembled as one instrument. Each person signing shall provide, and the petition form
shall provide space for, the signature, printed name, address of the person signing and the date the
signature is executed. The form Shall a'60 PFOVIG18 6PaG6 for the signer's biFthdate, 1361t a failUF6 to enter a
birthdate . Petitions prepared for circulation must contain or have
attached thereto throughout their circulation the full text of the measure proposed or sought to be
reconsidered. The petition filed with the city clerk need have attached to it only one copy of the measure
being proposed or referred.
C. Affidavit Of Circulator. Each paper of a petition containing signatures must have attached to it when
filed an affidavit executed by a-anquali#ied gli ible elector certifying: the number of signatures on the
paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he
or she believes them to be genuine signatures of the persons whose names they purport to be and that
each signer had an opportunity before signing to read the full text of the measure proposed or sought to
be reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state
law. (Ord. 05-4152, 3-1-2005)
D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition
filed within six months after the date the affidavit required under section 7.02(Aj was filed. (Ord. 85-3227,
3-12-1985)
E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final
adoption by the council of the measure sought to be reconsidered, or subsequently at any time more than
two years after such final adoption. The signatures on a referendum petition must be secured during the
sixty days after such final adoption; however, if the petition is filed more than two years after final adoption,
the signatures must be secured within six months after the date the affidavit required under section
7.02(A) was filed. (Ord. 05-4152, 3-1-2005)
F. Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a signatory may revoke
Ordinance No.
Page 6
his or her signature for any reason by filing with the city clerk a statement of his or her intent to revoke his
or her signature. After a petition is filed a signatory may not revoke his or her signature. The city clerk shall
cause to be prepared and have available to the public, forms suitable for the revocation of petition
signatures. (Ord. 85-3227, 3-12-1985)
Section 7.04. Procedure After Filing.
A Validity Of A Petition. A petition is valid if it contains the minimum required signatures by eligible
electors in the required form and with the required content and accompanied by the Affidavit of Circulator
as set forth in Section 7.03. The petition shall be examined by the city clerk before it is accepted for filing.
If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of
signatures it shall be considered invalid and returned to the petitioners. Petitions which have been
accepted for filing are valid unless written objections are filed with the city clerk within five working days
after the petition is received.
A. GWtifiGate Of City GleFk; Amendment. Within twenty days afteF a p8titiGR s f led wh Ph c;nnta nq the
FRONFRUFA required s gnatures, as set feFth R GeGtiGR 7.03.P4 above, the Gity clerk 6hall complete a
paFtiGUIaF6 WheFe n the pet tion s dGfOGt'.'e. The clerk. Shall A169 PFGFAptly 6end a GOPY Of the GeFt f Gate W
the petitioners by regi6teF8d mail. A petit AR GRFtif Ad n;; --#iniAnt Fnay be amended GRGe, pmvided,
petition. SUGh Rat Ge must be filed with the Gity GleFk with n two days afteF F8GeiViRg a GOPY Of the
FequiFeFn8nt6 of ruhsnr;t ons R RRkI G- Of RASt OR 7.03. OqfithiA fiftBeR days after a supplementary petit a
f led, the city clerk shall GOMPlete a GeFtifiGate as to the suffinienGy of the petit on, as amended and
I-IRder subs;Anfian R Of this 6eGtion within the time PFeGGFibed, the G tY derk 6hall promptly pre6ent the
ReFtifigate to the nnungd,
B. Hearing On Objections: Obiections Committee. Written objections timely filed with the city clerk shall be
considered by an Objections Committee made up of the mayor and city clerk and one member of the
council chosen by the council by ballot and a maiority decision shall be final. The hearing on the
objections shall be held within ten days of receipt of the objections.
Ordinance No.
Page 7
C. Court Review. To the extent allowed by law, court review of the Obiections Committee's actions shall
be by writ of certiorari.
C. Cn---Ft RA;4gi.y. To the extent allowed by law, GGUFt FeVieW Af thA GGYRAWS RGtiARS Shall be by Wit 0
GeFtiorarl. (Ord. 05 4162, 3 1 2905
Section 7.05. Action On Petitions.
A. Action By Council. When an initiative or referendum petition has been determined su#isientvalid, the
council shall promptly consider the proposed initiative measure or reconsider the referred measure. If the
council fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in
substance within sixty days, or if the council fails to repeal the referred measure within thirty days after the
date the petition was finally determined valid ffo,„s.`.'� , it shall submit the proposed or referred measure to
the qualified electors of the city as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the council adopts the proposed initiative measure or adopts a
measure which is similar in substance or if the council repeals a referred measure, the initiative or
referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to
the voters.
B. Submission To Voters.
(1) Initiative. The vote of the city on a proposed measure shall be held at the regular city election or at the
general election which next occurs more than forty days after the expiration of the sixty day period
provided for consideration in section 7.05(A) , provided that the initiative petition was filed no less than
8044,0 days prior to the deadline imposed by state law for the submission of ballot questions to the
commissioner of elections
(2) Referendum. The vote of the city on a referred measure shall be held at the regular city election or at
the general election which next occurs more than forty days after the expiration of the thirty day period
provided for reconsideration in section 7.05(AZ, provided that the referendum petition was filed no less
than50 80 days prior to the deadline imposed by state law for the submission of ballot questions to the
commissioner of elections. The council may provide for a special referendum election on a referred
measure any time more than 120 days after the filing of the referendum petition with the city clerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at
the polls and shall be advertised at the city's expense in the manner required for "questions” in section
Ordinance No.
Page 8
376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be
indicated on the ballot. (Ord. 05-4152, 3-1-2005)
Section 7.06. Results Of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it
shall be considered adopted upon certification of the election results. The adopted measure shall be
treated in all respects in the same manner as measures of the same kind adopted by the council, except
as provided in section 7.01 j13j(3). If conflicting measures are approved by majority vote at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of
repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 05-
4152,3-1-2005)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements.
The council shall may not set, except by charter amendment, conditions or requirements affecting initiative
and referendum. WhiGh are h gher or more st: ^^^^' ":e^ these : ^^^sem' by th:s charter. (Ord. 76-2792, 1-
2-1976)
SECTION ll. 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 become effective after its final passage,
approval and publication as required by law.
Passed and approved this day of 2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE IOWA CITY CHARTER PREAMBLE, AND ARTICLE II (CITY
COUNCIL) SECTION 2.06 (MAYOR), ARTICLE III (NOMINATION, PRIMARY ELECTION AND
REGULAR ELECTION) SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER)
SECTION 4.02 (ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND
COMMITTEES), SECTION 5.01 (ESTABLISHMENT) AND SECTION 5.02 (APPOINTMENT;
REMOVAL), ARTICLE VI (CAMPAIGN CONTRIBUTIONS AND EXPENDITURES) SECTION 6.03
(DEFINITION) AND ARTICLE VII (INITIATIVE AND REFERENDUM) AS RECOMMENDED BY
THE CHARTER REVIEW COMMISSION.
WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at
least once every ten (10) years;
WHEREAS, on January 7, 2014 by resolution No. 14-9 the City Council established a nine (9)
member Commission to review the Charter with a term beginning April 1, 2014 and ending no later than
April 1, 2015;
WHEREAS, the Charter Review Commission met twenty-five (25) times to review the Charter and
held two public hearings and a public meeting with interactive discussion;
WHEREAS, the Charter Review Commission submitted its recommendations to the Council by written
report dated March 9, 2015;
WHEREAS, the Charter requires that the City Council either adopt each Commission
recommendation by ordinance or submit it to the voters; and,
WHEREAS, it is in the best interest of the City to adopt said recommendations by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. The Preamble of the Charter is amended by deleting the entire preamble and substituting the
following new preamble in lieu thereof:
We, the people of Iowa City, Iowa, pursuant to the Constitution and statutes of the State of Iowa and the
principle of self-determination, proclaim that the government of Iowa City belongs to all its residents and
all share the responsibility for it. We hereby adopt this Charter and confer upon it the full home rule
powers of a charter city. By this action we adopt the following principles:
1. Resident participation on an inclusive basis in democratic self-government.
2. The provision of service relating to the health, safety, and welfare of its residents in a fair,
equitable and efficient manner.
3. The conduct of city business inconformity with due process, equal protection under the laws, and
those individual liberties protected by the Constitution of the United States, the State of Iowa, and
local ordinances.
4. Civility by city employees in their interactions with the public.
2. Article II, entitled "City Council", Section 2.06, entitled "Mayor", subparagraph B is amended by
deleting subparagraph B in its entirety and substituting the following new subparagraph B in lieu thereof:
B. The mayor is a voting member of the council, the official representative of the city, presiding officer of
the council and its policy spokesperson. The mayor may add items to the City Council agenda. The mayor
Ordinance No.
Page 2
shall present to the city no later than February 28 an annual state of the city message. (Ord. 95-3671, 3-
28-1995)
3. Article III, entitled "Nomination, Primary Election and Regular Election", Section 3.01, entitled
"Nomination" is amended by deleting Section 3.01 in its entirety and substituting the following new Section
3.01 in lieu thereof:
Section 3.01. Nomination
A. An eligible elector of a council district may become a candidate for a council district seat by filing with
the Johnson County Commissioner of Elections a valid petition requesting that his or her name be placed
on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more
than eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless
otherwise provided by state law, the petition must be signed by eligible electors from the candidate's
district equal in number to at least two (2) percent of those who voted to fill the same office at the last
regular city election, but not less than ten (10) persons. (Ord. 05-4152, 3-1-2005)
B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the
Johnson County Commissioner of Elections a petition requesting that the candidate's name be placed on
the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than
eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless otherwise
provided by state law, the petition must be signed by eligible electors equal in number to at least two (2)
percent of those who voted to fill the same office at the last regular city election, but not less than ten (10)
persons. (Ord. 85-3227, 3-12-1985)
4. Article IV, entitled "City Manager", Section 4.02, entitled "Accountability; Removal" is amended by
deleting subparagraph A in its entirety and substituting the following new subparagraph A in lieu thereof:
Section 4.02. Accountability; Removal.
A. The city manager is under the direction and supervision of the council and holds office at its pleasure. A
city manager removed by the council is entitled to receive termination pay as provided by contract.
5. Article V, entitled "Boards, Commissions and Committees", Section 5.01, entitled "Establishment' is
amended by deleting Section 5.01 in its entirety and substituting the following new Section 5.01 in lieu
thereof:
Section 5.01. Establishment.
A. With the exception of the community police review board, the council may establish boards in addition
to those required by state law and shall specify the title, duties, length of term, qualifications of members
and other appropriate matters. The council may reduce or increase a board's duties, transfer duties from
one board to another or dissolve any board, except as otherwise provided by state law or this charter.
B. There shall be a permanent community police review board, which shall have vested in it the following
minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views on the policies,
practices, and procedures of the Iowa City police department;
2. To make recommendations regarding such policies, practices, and procedures to the city council;
Ordinance No.
Page 3
3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its
findings to the city council; and
4. The authority to subpoena witnesses. (Res. 07-262, 8-31-2007)
6. Article 5, entitled "Boards, Commissions and Committees", Section 5.02, entitled "Appointment;
Removal', is amended by replacing he word "citizens" with the word "residents".
7. Article VI, entitled "Campaign Contributions and Expenditures", Section 6.03, entitled "Definition", is
amended by deleting "chapter 56" and substituting "chapter 68A" in lieu thereof.
8. Article VII, entitled "Initiative and Referendum", Section 7.01, entitled "General Provisions", Section
7.03, entitled "Petitions; Revocation of Signatures", Section 7.04, entitled "Procedure After Filing", Section
7.05, entitled "Action on Petitions", Section 7.06, entitled "Results of Election" and Section 7.07, entitled
"Prohibition on Establishment of Stricter Conditions or Requirements", are amended by deleting said sections
in their entirety and substituting the following new Sections 7.01, 7.03, 7.04, 7.05, 7.06 and 7.07 in lieu
thereof:
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1)lnitiative. The eligible electors have the right to propose measures to the council and, if the council fails
to adopt a measure so proposed without any change in substance, to have the measure submitted to the
voters at an election.
(2)Referendum. The eligible electors have the right to require reconsideration by the council of an existing
measure and, if the council fails to repeal such measure, to have it submitted to the voters at an election.
(3)Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of
a legislative nature, however designated, which (a) are of a permanent rather than temporary character
and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as
opposed to one providing for the execution or administration of a law, policy or plan already enacted by
council.
B. Limitations.
(1)Subject Matter. The right of initiative and referendum shall not extend to any of the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
Ordinance No.
Page 4
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this charter.
Q) Amendments affecting the city zoning ordinance or the land use maps of the comprehensive plan,
including the district plan maps.
(k) Public improvements subsequent to city council action to authorize acquisition of property for that
public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public
improvement" shall mean any building or construction work.
(2)Resubmission. No initiative or referendum petition shall be filed within two years after the same
measure or a measure substantially the same has been submitted to the voters at an election.
(3)Council Repeal, Amendment And Reenactment. No measure proposed by initiative petition and
adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to
this article, may for two years thereafter be repealed or amended except by a vote of the people, unless
provision is otherwise made in the original initiative measure. No measure referred by referendum petition
and repealed by the vote of the council without submission to the voters, or repealed by the voters
pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless
provision is otherwise made in the original referendum petition.
C. Construction.
(1)Scope Of Power. It is intended that this article confer broad initiative and referendum powers upon the
eligible electors of the city.
(2)lnitiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure
in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an
existing measure.
(3)Referendum. It is intended that a referendum petition may repeal a measure in whole or in part.
D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate
any measure under consideration. Such measure shall remain in full force and effect until its amendment
or repeal by council pursuant to section 7.05(A) or until a majority of the qualified electors voting on a
measure vote to repeal or amend the measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part
does not affect any obligations entered into by the city, its agencies or any person in reliance on the
measure during the time it was in effect. (Ord. 05-4152, 3-1-2005)
Ordinance No.
Page 5
Section 7.03. Petitions; Revocation Of Signatures.
A. Number Of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in
number to at least twenty-five percent (25%) of the number of persons who voted in the last regular city
election, but such signatures of eligible electors shall be no fewer than three thousand six hundred.
B. Form And Content. All papers of a petition prepared for filing must be substantially uniform in size and
style and must be assembled as one instrument. Each person signing shall provide, and the petition form
shall provide space for, the signature, printed name, address of the person signing and the date the
signature is executed. Petitions prepared for circulation must contain or have attached thereto throughout
their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with
the city clerk need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit Of Circulator. Each paper of a petition containing signatures must have attached to it when
filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper, that he
or she personally circulated it, that all signatures were affixed in his or her presence, that he or she
believes them to be genuine signatures of the persons whose names they purport to be and that each
signer had an opportunity before signing to read the full text of the measure proposed or sought to be
reconsidered. Any person filing a false affidavit will be liable to criminal penalties as provided by state law.
(Ord. 05-4152, 3-1-2005)
D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition
filed within six months after the date the affidavit required under section 7.02(A) was filed. (Ord. 85-3227,
3-12-1985)
E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final
adoption by the council of the measure sought to be reconsidered, or subsequently at any time more than
two years after such final adoption. The signatures on a referendum petition must be secured during the
sixty days after such final adoption; however, if the petition is filed more than two years after final adoption,
the signatures must be secured within six months after the date the affidavit required under section
7.02(A) was filed. (Ord. 05-4152, 3-1-2005)
F. Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a signatory may revoke
his or her signature for any reason by filing with the city clerk a statement of his or her intent to revoke his
or her signature. After a petition is filed a signatory may not revoke his or her signature. The city clerk shall
cause to be prepared and have available to the public, forms suitable for the revocation of petition
signatures. (Ord. 85-3227, 3-12-1985)
Section 7.04. Procedure After Filing.
A. Validity Of A Petition. A petition is valid if it contains the minimum required signatures by eligible
electors in the required form and with the required content and accompanied by the Affidavit of Circulator
as set forth in Section 7.03. The petition shall be examined by the city clerk before it is accepted for filing.
If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of
Ordinance No.
Page 6
signatures it shall be considered invalid and returned to the petitioners. Petitions which have been
accepted for filing are valid unless written objections are filed with the city clerk within five working days
after the petition is received.
B. Hearing On Objections; Objections Committee. Written objections timely filed with the city clerk shall be
considered by an Objections Committee made up of the mayor and city clerk and one member of the
council chosen by the council by ballot, and a majority decision shall be final. The hearing on the
objections shall be held within ten days of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the Objections Committee's actions shall
be by writ of certiorari.
Section 7.05. Action On Petitions.
A. Action By Council. When an initiative or referendum petition has been determined valid, the council
shall promptly consider the proposed initiative measure or reconsider the referred measure. If the council
fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in substance
within sixty days, or if the council fails to repeal the referred measure within thirty days after the date the
petition was finally determined valid, it shall submit the proposed or referred measure to the qualified
electors of the city as hereinafter prescribed. If at any time more than thirty days before a scheduled
initiative or referendum election the council adopts the proposed initiative measure or adopts a measure
which is similar in substance or if the council repeals a referred measure, the initiative or referendum
proceedings shall terminate and the proposed or referred measure shall not be submitted to the voters.
B. Submission To Voters.
(1) Initiative. The vote of the city on a proposed measure shall be held at the regular city election or at the
general election which next occurs more than forty days after the expiration of the sixty day period
provided for consideration in section 7.05(A), provided that the initiative petition was filed no less than 80
days prior to the deadline imposed by state law for the submission of ballot questions to the commissioner
of elections.
(2) Referendum. The vote of the city on a referred measure shall be held at the regular city election or at
the general election which next occurs more than forty days after the expiration of the thirty day period
provided for reconsideration in section 7.05(A), provided that the referendum petition was filed no less
than 50 days prior to the deadline imposed by state law for the submission of ballot questions to the
commissioner of elections. The council may provide for a special referendum election on a referred
measure any time more than 120 days after the filing of the referendum petition with the city clerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors at
the polls and shall be advertised at the city's expense in the manner required for "questions" in section
376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure shall be
indicated on the ballot. (Ord. 05-4152, 3-1-2005)
Ordinance No.
Page 7
Section 7.06. Results Of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its favor, it
shall be considered adopted upon certification of the election results. The adopted measure shall be
treated in all respects in the same manner as measures of the same kind adopted by the council, except
as provided in section 7.01(6)(3). If conflicting measures are approved by majority vote at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of
repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 05-
4152, 3-1-2005)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or Requirements.
The council shall not set, except by charter amendment, conditions or requirements affecting initiative
and referendum. (Ord. 76-2792, 1-2-1976)
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 become effective after its final passage,
approval and publication as required by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
Aporo+dby
mo -
City Attorneys Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
Vote for passage: AYES:
Throgmorton. NAYS:
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
04/21/2015
that the
Botchway, Dobyns, Hayek, Mims, Payne,
None. ABSENT: Dickens.
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE IOWA CITY CHARTER PREAMBLE, AND ARTICLE II (CITY
COUNCIL) SECTION 2.06 (MAYOR), ARTICLE III (NOMINATION, PRIMARY ELECTION AND
REGULAR ELECTION) SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER)
SECTION 4.02 (ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND
COMMITTEES), SECTION (ESTABLISHMENT) AND SECTION 5.02 (APPOINTMENT;
REMOVAL), ARTICLE VI (C MPAIGN CONTRIBUTIONS AND EXPENDITURES) S TION 6.03
(DEFINITION) AND ARTICL VII (INITIATIVE AND REFERENDUM) AS RECOMM NDED BY
THE CHARTER REVIEW CO ISSION.
WHEREAS, the Iowa City Charter pr vides for the establishme/4and
arter Review ommission at
least once every ten (10) years;
WHEREAS, on January 7, 2014 by r solution No. 14-9 theuncil esta fished a nine (9)
member Commission to review the Charter ith a term beginning 014 and riding no later than
April 1, 2015;
WHEREAS, the Charter Review Commis 'on met twenty -fives to eview the Charter and
held two public hearings and a public meeting w h interactive discus
WHEREAS, the Charter Review Commissio submitted its reco' ns to the Council by written
report dated March 9, 2015;
WHEREAS, the Charter requires that a City Councadopt each Commission
recommendation by ordinance or submit it to the v ers; and,
WHEREAS, it is in the best interest of the City t adopt said rections by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THEA CITY
SECTION I. AMENDMENTS.
1. The Preamble of the Charter is amended
following new preamble in lieu thereof:
We, the people of Iowa City, Iowa, pursuant/apt
or
principle of self-determination, proclaim thatrt
all share the responsibility for it. We herebyis
powers of a charter city. By this action we afc
1. Resident participation on an inclusive basis in
L OF THE CITY OF CITY, IOWA:
the entire preamble and substituting the
m and statutes of the State of Iowa and the
of Iowa City belongs to all its residents and
Br and confer upon it the full home rule
a principles:
self-government.
2. The provision of service relal g to the health, safety,nd welfare of its residents in a fair,
equitable and efficient marcher. \
3. The conduct of city bus(ness inconformity with due pro ess, equal protection under the laws, and
those individual libero4s protected by the Constitution of he United States, the State of Iowa, and
t
local ordinances. ;"
4. Civility by city eryfployees in their interactions with the
2. Article II, en ' led "City Council', Section 2.06, entitled "Mayr
", subparagraph B is amended by
deleting subparagraph B in its entirety and substituting the following neB in lieu thereof:
B. The mayor is a voting member of the council, the official representativeof the city, presiding officer of
the council and its policy spokesperson. The mayor may add items to the City Council agenda. The mayor
Ordinance No.
Page 2
shall present to the city no later than February 28 an annual state of the city message. (Ord. 95-3671, 3-
28-1995)
3. Article III, entitled "Nomination, Primary Election and Regular Election", Sqction 3.01, entitled
Nomination is amended by deleting Section 3.01 in its entirety and substituting the foll ing new Section
3.01 in lieu thereof:
Section 3.01. Nomination
A. An eligible elector of a council district m become a candidate for a council district eat by filing with
the Johnson County Commissioner of Elects ns a valid petition requesting that his r_ her name be
placed on the ballot for that office. Unless otherwise provided by state law, the pe ' ion must be filed not
more than eighty-five (85) days nor less than s ty-eight (68) days before the dat of the election. Unless
otherwise provided by state law, the petition mu be signed by eligible elector rom the candidate's
district equal in number to at least two (2) percen f those who voted to fill tIs same office at the last
regular city election, but not less than ten (10) pers ns. (Ord. 05-4152, 3- 005)
B. An eligible elector of the city may become a candido for an at -lar council seat by filing with the
Johnson County Commissioner of Elections a petition equesting th,pt the candidate's name be placed on
the ballot for that office. Unless otherwise provided by Vfcpetition must be filed not more than
eighty-five (85) days nor less than sixty-eight (68) days ate of the election .Unless otherwise
provided by state law, the petition must be signed by eligs equal in number to at least two (2)
percent of those who voted to fill the same office at the lacity election, but not less than ten (10)
persons. (Ord. 85-3227, 3-12-1985)
4. Article IV, entitled "City Manager', Section 4.K en itled "Accountability; Removal" is amended by
deleting subparagraph A in its entirety and/dsupervision
the foll wing new subparagraph A in lieu thereof:
Section 4.02. Accountability; Removal
A. The city manager is under the directioof he council and holds office at its pleasure. A
city manager removed by the council is aeive ter ination pay as provided by contract
5. Article V, entitled "Boards, Com 711ssions and Committeet", Section 5.01, entitled "Establishment' is
amended by deleting Section 5.01 in
il entirety and substituting I
the following new Section 5.01 in lieu
thereof:
Section 5.01. Establishment.
A. With the exception of the ommunity police review board, th council may establish boards in addition
to those required by state w and shall specify the title, duties, I ngth of term, qualifications of members
and other appropriate m tters. The council may reduce or incre se a board's duties, transfer duties from
one board to another o dissolve any board, except as otherwis provided by state law or this charter.
B. There shall bea�(iermanent community police review board,
minimum powers:
1. To hold at leat one community forum each year for the pur
practices, and p ocedures of the Iowa City police department,.
shall have vested in it the following
of hearing -views on the policies,
2. To make rec&n# ndations regarding such policies, practices, arld procedures to the city council.
Ordinance No.
Page 3
3. To investigate claims of misconduct by sworn police officers and to issue independent reports of its
findings to the city council; and
4. The authority to subpoena witnesses
6. Article 5, entitled "Boards, C
Removal', is amended by replacing he
7. Article VI, entitled "Campaign
amended by deleting "chapter 56" and
07-262, 8-31-2007)
issions and Committees", Section 5.02; , entitled "Appointment;
"citizens" with the word "residents". Z
s and Expenditures", Section 6.03, enjitled "Definition", is
"chapter 68A" in lieu thereof.
8. Article VII, entitled "Initiative and eferendum", Section 7.01, entitled "General rovisions", Section
7.03, entitled "Petitions; Revocation of Si atures", Section 7.04, entitled "Procedure After Filing", Section
7.05, entitled "Action on Petitions", Sectio 7.06'entitled "Results of Election" an Section 7.07, entitled
"Prohibition on Establishment of Stricter Con 'tions or Requirements", are amended y deleting said sections
in their entirety and substituting the followin new Sections 7.01, 7.03, 7.04, 7 5, 7.06 and 7.07 in lieu
thereof:
ARTICLE VII. INITIATIVE AND REFEREND
Section 7.01. General Provisions.
A. Authority.
(1)lnitiative. The eligible electors have the right to
to adopt a measure so proposed without any chat
voters at an election.
(2)Referendum. The eligible electors have the
measure and, if the council fails to repeal such
:s to the council and, if the council fails
to have the measure submitted to the
uire reconsideration by the council of an existing
to have it submitted to the voters at an election.
(3)Definition. Within this article, "measure" deans all or nances, amendments, resolutions or motions of
a legislative nature, however designated,,vWch (a) are o permanent rather than temporary character
and (b) include a proposition enacting, amending or repea 'ng a new or existing law, policy or plan, as
opposed to one providing for the execution or administratio of a law, policy or plan already enacted by
council.
B. Limitations.
(1)Subject Matter. The right of initiative and referendum shall
(a) Any measure of aft executive or administrative nature.
(b) The city
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
extend to any of the following:
Ordinance No.
Page 4
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be
(i) Amendments to this charter.
(j) Amendments affecting the city zon
including the district plan maps.
by state or federal law.
finance or the land use maps�`of the comprehensive plan,
council action to authorize acquisition of property for that
that public improvement, whichever occurs earlier. 'Public
�struction work.//
(k) Public improvements subsequent to c
public improvement, or notice to bidders
improvement' shall mean any building or
(2)Resubmission. No initiative or referendum etition shall be filed within two years after the same
measure or a measure substantially the same has been submitted to the voters at an election.
(3)Council Repeal, Amendment And Reenact nt:
Ordinance No.
Page 5
Section 7.03. Petitions; Revocation Of
A. Number Of Signatures. Initiative and referen um petitions must be signed by Iligible electors equal in
number to at least twenty-five percent (25%) of t e number of persons who vote in the last regular city
election, but such signatures of eligible electors s all be no fewer than three tho sand six hundred
B. Form And Content. All papers of a petition prep ed
style and must be assembled as one instrument. Ea h
shall provide space for, the signature, printed name, i
signature is executed. Petitions prepared for circulatio
their circulation the full text of the measure proposed o
the city clerk need have attached to it only one copy of
for filing must be subst ntially uniform in size and
person signing shall Ovide, and the petition form
dress of the person igning and the date the
must contain or he attached thereto throughout
sought to be r%C9
nsidered. The petition filed with
t e measure beproposed or referred.
C. Affidavit Of Circulator. Each paper of a petition containi g
filed an affidavit executed by an eligible elector certifying: t
or she personally circulated it, that all signatures were affixe
believes them to be genuine signatures of the persons whos
signer had an opportunity before signing to read the full text
reconsidered. Any person filing a false affidavit will be liabl t
(Ord. 05-4152, 3-1-2005)D. Time For Filing Initiative Petit' ns
secured and the petition filed within six months after the ate
was filed. (Ord. 85-3227, 3-12-1985)
signat res must have attached to it when
nu er of signatures on the paper, that he
in is or her presence, that he or she
ames they purport to be and that each
the measure proposed or sought to be
o riminal penalties as provided by state law.
'gnatures on an initiative petition must be
the ffidavit required under section 7.02(A)
E. Time For Filing Referendum Petitions. ReferendyIn petitions ma be filed within sixty days after final
adoption by the council of the measure sought to a reconsidered, o subsequently at any time more than
two years after such final adoption. The signatur s on a referendum tition must be secured during the
sixty days after such final adoption; however, if ie petition is filed mor than two years after final adoption,
the signatures must be secured within six mo hs after the date the affi avit required under section
7.02(A) was filed. (Ord. 05-4152, 3-1-2005)
F. Revocation Of Signature. Prior to the
his or her signature for any reason by fili
or her signature. After a petition is filed
cause to be prepared and have availa E
signatures. (Ord. 85-3227, 3-12-198
Section 7.04. Procedure After
e a petition is filed with the citAclerk, a signatory may revoke
with the city clerk a statement Af his or her intent to revoke his
signatory may not revoke his or hr signature. The city clerk shall
to the public, forms suitable for th revocation of petition
A. Validity Of A Petition. A petiti n is valid if it contains the minimum required s natures by eligible
electors in the required form an with the required content and accompanied t a Affidavit of Circulator
as set forth in Section 7.03. Th petition shall be examined by the city clerk befor it is
accepted for filing.
If the petition appears valid on i face it shall be accepted for filing. If it lacks the r quired number of
signatures it shall be considere ' valid a d returned to the petitioners. Petitions wh h have been
accepted for filing are valid unless written objections are filed with the city clerk within five working days
Ordinance No.
Page 6
after the petition is received.
B. Hearing On Objections; Objections Commi e. Written objections timely fi d with the city clerk shall be
considered by an Objections Committee mad up of the mayor and city clerkAnd
one member of the
council chosen by the council by ballot, andmajority decision shall be final. a hearing on the
objections shall be held within ten days of re eipt of the objections.
C. Court Review. To the extent allowed by
be by writ of certiorari.
Section 7.05. Action On Petitions.
, court review of the Objectiono Committee's actions shall
A. Action By Council. When an initiative or refe ens
shall promptly consider the proposed initiative eE
fails to adopt a proposed initiative measure and i
within sixty days, or if the council fails to repeal th
petition was finally determined valid, it shall submi
electors of the city as hereinafter prescribed. If at
initiative or referendum election the council adopts
which is similar in substance or if the council repeE
proceedings shall terminate and the proposed or n
B. Submission To Voters.
lura petition has be n determined valid, the council
sure or reconside the referred measure. If the council
s to adopt a me sure which is similar in substance
referred meas re within thirty days after the date the
the propose or referred measure to the qualified
Ltime
mo than thirty days before a scheduled
ropo ed initiative measure or adopts a measure
I a ref red measure, the initiative or referendum
;f rre easure shall not be submitted to the voters.
(1) Initiative. The vote of the city on a proposed m s re shall be held at the regular city election or at the
general election which next occurs more than fo da s after the expiration of the sixty day period
provided for consideration in section 7.05(A)., ovide that the initiative petition was filed no less than 80
days prior to the deadline imposed by state la for the ubmission of ballot questions to the commissioner
of elections
(2) Referendum. The vote of the city on referred meas
the general election which next occurs Oore than forty d
provided for reconsideration in section .05(A)., provided
than50 days prior to the deadline imp sed by state law fo
commissioner of elections. The cou cil may provide for a
measure any time more than 120 ys after the filing of ti
C. Ballot. Copies of the prop
the polls and shall be adverti
376.5 of the Iowa Code. The
indicated on the ballot. (Ord.
Section 7.06. Results Of
re shall be held at the regular city election or at
ys after the expiration of the thirty day period
that the referendum petition was filed no less
the submission of ballot questions to the
pecial referendum election on a referred
I
referendum petition with the city clerk.
Cor referred measure shalll
at the city's expense in the
ject matter and purpose of
X152, 3-1-2005)
on.
made available to the qualified electors at
inner required for "questions" in section
referred or proposed measure shall be
A. Initiative. If a majority oft a qualified electors voting on a pro sed initiative measure vote in its favor, it
shall be considered adopted upon certification of the election res ts. The adopted measure shall be
Ordinance No.
Page 7
treated in all respects in the same manner as measures of the same kind adopted by the council, except
as provided in section 7.01(6)(3). If co cting measures are approved by majority vote at the same
election, the one receiving the greatet number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qq
repealing the measure, it shall be con
4152, 3-1-2005)
Section 7.07. Prohibition On Establ
The council shall not set, except by c
and referendum. (Ord. 76-2792, 1-2-1
electors voting on a referred m
d repealed upon certification of
!nt Of Stricter Conditions Or
amendment, conditions or 4
ure vote in favor of
election results. (Ord. 05-
irements.
affecting initiative
SECTION II. REPEALER. All ordinanc s and parts of ordina es in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any ection, pro
be invalid or unconstitutional, such adjudicati shall not
section, provision or part thereof not adjudged invalid or i
SECTION IV. EFFECTIVE DATE. Thi Ordinal
approval and publication as required by law. /
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
T117 -
y
City Attorneys Office
y-i�;---/,
m r part of the Ordinance shall be adjudged to
t the validity of the Ordinance as a whole or any
institutional.
shall become effective after its final passage,
2015.