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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4420 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of
January, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 2, 2011.
Dated at Iowa City, Iowa, this 7th day of March 2011.
Jul1 oparil
Deputy City Clerk
Printer's Fee $ I -qi
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED. ID # 42- 0330670
I, Igo _'5* JA-Arz
14 0 being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS- CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper / time(s), on the
following date(s):
PES K u A-tZ le 2- 2.4
r
Legal Cl
Subsc bed and sworn to before me
this L-1 day of
A.D. 20 ll
04140 ry Public
,.��DA KROTZ
umber 73261y sion Expires
ORDINANCE NO. 11 -4420
ORDINANCE AMENDING TITLE 4,
ENTITLED "ALCOHOLIC BEVER-
AGES," CHAPTER 3, ENTITLED
"OUTDOOR SERVICE AREAS;
SEASONAL, FIVE DAY OR FOUR-
TEEN DAY LICENSES AND PER-
MITS," TO ALLOW OUTDOOR
SERVICE AREAS WITHIN 100
FEET OF A RESIDENTIAL ZONE
IN CB2, CB5, AND CB10 ZONES.
WHEREAS, the City Code allows
sidewalk cafes to be located in
CB2, CB5, and CBio zones
( "downtown zones ") regardless of
their proximity to residential zones;
WHEREAS, the City Code prohibits
outdoor services areas in the down-
town zones unless they are 100 feet
from a residential zone;
WHEREAS, the locations of out-
door service areas in the downtown
zones should be treated similarly to
sidewalk cafes; and
WHEREAS, it is in the best interest
of the City to adopt an amendment
to eliminate the 100 foot separation
requirement for outdoor service
areas in the downtown zones.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 4, entitled "Alcoholic
Beverages," Chapter 3, entitled
"Outdoor Service Areas; Seasonal,
Five Day or Fourteen Day Licenses
and Permits," Section 1, entitled
"Outdoor Service Areas,"
Subsection C1d is hereby amended
by deleting the first sentence in its
entirety and substituting in lieu
thereof the following new sentence:
An outdoor service area shall be
permitted in any C (commercial)
zone, as provided by title 14 of this
code, provided an outdoor service
area shall not be permitted if any
part thereof lies within one hundred
feet (100') of an R (residential) zone
except in CB2, CB5, and CB10
zones.
SECTION 11. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 25th day
of January, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
82246 February 2, 2011
I r i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4421 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of
February, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 9, 2011.
Dated at Iowa City, Iowa, this 7th day of March 2011.
Julie4. Voparil
Deputy City Clerk
Printer's Fee $ '95.99
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:.
THE IOWA CITY PRESS- CITIZEN
FED. ID # 42- 0330670
I, �1OG� StrJA�QT2
being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS - CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper time(s), on the
following date(s):
F�$ru Ark q q Z0li
Legal Cler
Subscri ed and sworn Jtefore me
this 1044- day of
A.D. 20 / 1
y Public
E LINDA KRIDTZ
Commission Number 73261 My. Commission Expires Ja 27, 2M cW4
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4421
ORDINANCE REZONING
APPROXIMATELY 49.3,ACRES
OF LAND LOCATED AT FIRST
AVENUE AND MUSCATINE
AVENUE AND AMENDING SEC-
TION 14 -3C OF THE ZONING
CODE TO ESTABLISH THE
TOWNCREST DESIGN REVIEW
OVERLAY DISTRICT. (REZ10-
00015)
WHEREAS, the applicant, the City
of Iowa City, has requested a rezon-
ing of property located near the
intersection of Muscatine Avenue
and First Avenue to establish a
Design Review Overlay District; and
WHEREAS, the existing zoning in
this location is comprised of
Community Commercial (CC -2),
Commercial Office (CO -1), Medium
Density Multi - Family (RM -20), and
Low Density Single Family (RS -5);
and
WHEREAS, the purpose of the
Design Review Overlay District is to
support a unifying theme for an
area in order to spur economic
development by providing careful
review of new construction and
alterations of existing structures;
and
WHEREAS, the City hired ROG
Planning and Design to develop a
design plan for the area based on
public input gathered at public
meetings with City Staff, area prop-
erty owners, and area residents;
WHEREAS, ROG Planning and
Design developed the Towncrest
Urban Renewal Area Design Plan
Manual to establish a cohesive
vision for the Towncrest Area; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed Design Plan Manual
and the Design Review Overlay
District and has recommended
approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Property
described below is hereby designat-
ed as the Towncrest Design Review
Overlay District:
LEGAL DESCRIPTION
Lots 1 -4, Block 5; Block 6; Lots 1 -4,
Block 7; the N 100' of Lot 1 & the E
22' of the N 100' of Lot 2, Block 14;
and the S 75' of Lot 8 & the E 10' of
the S 75' of Lot 7, Block 15, and to
the centerline of all adjacent rights -
of -way, East Iowa City Subdivision,
Iowa City, Iowa, according to the
plat thereof; and
Lots 5 -19, Block 1; Lots 8 -10, Block
2; and Lots 7 -9, Block 3, and to the
center line of all adjacent rights -of-
way, Towncrest Addition, Iowa City,
Iowa as shown on the plat thereof
recorded at Book 4, Page 323 of the
Johnson County Recorder; and
Commencing at the northwest cor-
ner of Lot 12, Block 1, Towncrest
Addition, then north 200', then east
107.5', then south 200', then west
107.5', and to the centerline of the
adjacent rights -of -way; and
Blocks 1 & 2, and Lots 1 & 2, Block
3, and to the centerline of all adja-
cent rights -or -way, Towncrest
Addition Part Two Revised, Iowa
City, Iowa, as shown on the plat
thereof recorded at Book 61 Page 6
of the Johnson County Recorder;
and
Commencing at the NE corner of
Lot 1, Block 1, Towncrest Addition
Part Two Revised, thence E 160',
thence S 148', thence W 160',
thence N 148', and to the centerline
of the adjacent Muscatine Avenue
right -of -way; and
The real estate north of and adja-
cent to Muscatine Avenue between
First Avenue and Waters First
Addition, excluding the Memory
Gardens Cemetery.
This area contains approximately
49.3 acres.
SECTION ll. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
A. Amending Subsection 14- 3C -2A,
by adding a paragraph 9, as fol-
lows:
9. Towncrest Design Review District
Any exterior alterations to, additions
to, or new construction of buildings
and structures, or alterations or
additions to site development, such
as parking areas, landscaping,
screening, signage, lighting, and
access on property within the
boundaries of the Towncrest Design
Review District, as illustrated on the
map below, are subject to Design
Review. However, on property
zoned Single Family Residential,
new construction, alterations, or
additions to Single Family Uses,
including alterations or additions to
site development associated with
said uses, are exempt from Design
Review.
a. Towncrest Design Review District
Map
B. Amending Section 14 -3C -3, by
deleting the introductory paragraph
and substituting in lieu thereof:
14 -3C -3 Design Review
Prior to issuance of a sign permit for
an exterior sign that is subject to the
design review process or of a build-
ing permit to alter the exterior of an
existing structure subject to the
design review process or to con-
struct a new building that is subject
to the design review process, said
application shall be submitted for
design review. Upon application for
any building permit, sign permit or
site plan approval for any property
within a design review district, said
application shall be submitted for
design review. The applicable level
of design review is listed below.
C. Amending Subparagraph 14 -3C-
3A-1a, by adding a sub- subpara-
graph (9) as follows:
(9) Towncrest Design Review
District
D. Amending Subsection 14 -3C-
3B, by adding a paragraph 8, as fol-
lows:
8. Towncrest Design Review District
Design Review according to the
applicable design provisions within
the Towncrest Urban Renewal Area
Design Plan Manual and according
to the applicable standards listed in
Subsection C, below. For purposes
of Design Review, Towncrest Drive
shall be considered a street, with
buildings, parking areas, pedestrian
amenities, landscape screening,
and other streetscape elements
designed and located to apprbpri-
ately address Towncrest Drive as a
street frontage as illustrated in the
Towncrest Urban Renewal Area
Desian Plan Manual.
E. Amending Paragraph 14- 3C -3C-
6, by adding a subparagraph c., as
follows:
c. Along sidewalks and pedestrian -
ways, canopies and awnings should
project a sufficient distance from the
building wall to be functional, i.e. to
provide shade and weather protec-
tion for pedestrians and to prevent
reflective glare on storefront win-
dows that may block views into the
storefront or display window.
SECTION III. ZONING MAP. The
Building Inspector is hereby author-
ized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amendment
upon the final passage, approval
and publication of this ordinance by
law.
SECTION IV. CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided by
law.
SECTION V. REPEALER. All ordi-
nances 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 1 st day
of February, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
83847 February 9, 2011
Marian Karr
From: Sara Greenwood Hektoen
Sent: Monday, March 07, 2011 3:11 PM
To: Marian Karr
Cc: Karen Howard
Subject: RE: Publication error
My reading of 380.7 is that there is no need to republish since the legal description was published in full.
From: Marian Karr
Sent: Monday, March 07, 20112:46 PM
To: Sara Greenwood Hektoen
Cc: Karen Howard
Subject: Publication error
Importance: High
This ordinance was published February, minus the map. The attachment was sent including the map but we noticed
today the map did not appear in the paper. Does it need to be re- published?
Atwdan x. xtm, .tee
City Clerk
City of Iowa City
319 - 356 -5041 (Phone)
319 - 356 -5497 (FAX)
Population 67,862
1
q
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4422 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
February, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 23, 2011.
Dated at Iowa City, Iowa, this 7th day of March 2011.
Ju .e . Voparil
Deputy City Clerk
Printer's Fee $ 101, .(o j
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED. Ill # 42- 0330670
I, R oG f e- , St,J A1ATZ.
being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS- CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper I time(s), on the
following date(s):
FFFB214 A ICY j'Li . 6 l
Legal Cle
Subscrred d sworn to before me
this day of
A.D. 20
Notary Public
dy.e LINDA KROTZ
>g Cmwissim Number 73261
My Commissim Expires
�%. o7F31
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4422
AN ORDINANCE CONDITIONAL-
LY REZONING APPROXIMATLEY
2.79 ACRES OF PROPERTY
LOCATED AT THE NORTHWEST
CORNER OF MUSCATINE
AVENUE AND SCOTT BOULE-
VARD, FROM LOW DENSITY SIN-
GLE FAMILY RESIDENTIAL (RS-
5) TO LOW DENSITY MULTI -FAM-
ILY RESIDENTIAL (RM -12).
(REZ10- 00016)
WHEREAS, the owner,
Hieronymus Family Partnership,
LLC, and the applicant, TNT Land
Development LLC, have requested
a rezoning of property 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);
and
WHEREAS, the Comprehensive
Plan indicates that the intersections
of arterial and collector streets are
appropriate for multi- family zoning
and that multi - family structures be
of a scale that is compatible with the
surrounding neighborhoods; 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 adequate pedestrian
connections and compatibility of
multi - family buildings with the sur-
rounding single, family neighbor-
hoods; and
WHEREAS, Iowa Code §414.5
(2009) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, the owner and appli-
cant have agreed that the property
shall be .developed in accordance
With the terms and conditions of the
Conditional Zoning Agreement
attached hereto to ensure appropri-
ate development in this area of the
city.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL 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, Iowa City,
Johnson County, Iowa; Thence
S87 °58'47 "W, along the South line
of the Southeast One - Quarter of the
Northeast One - Quarter of said
Section 13, a distance of 50.00 feet,
to its intersection with the West
Right -of -Way line of Scott
Boulevard; Thence N01 °06'43 "W,
along said West Right -of -Way line,
52.29 feet, to the POINT OF
BEGINNING; Thence S88 °46'53 "W,
279.96 feet; Thence N01 °06'43 "W,
434.89 feet; Thence N88'53'17"E,
279.96 feet, to a point on.the West
line of Ralston Creek South
Property Acquisition From Wilfreda
A. and Albert N. Heironymous, in
accordance with the Plat thereof
recorded in Plat Book 19, at Page
84, in the Records of the Johnson
County Recorder's Office; Thence
S01 106143 "E, along said West line,
and the said West Right -of -Way line
of Scott Boulevard, 434.37 feet, to
said POINT OF BEGINNING, con-
taining 2.79 acres, 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.
SECTION III. ,CONDITIONAL ZON-
ING AGREEMENT. The Mayor is
hereby authorized and directed to
sign, and the City Clerk attest, the
Conditional Zoning Agreement
between the property owner and the
City, following passage and
approval of this Ordinance.
SECTION 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 ordi-
nance, 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 ordi-
nances 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 Ordi -nance shall be in effect
after its final passage, approv -al
and publication, as provided by law.
Passed and approved this 15th day
of February, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
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 2.79 acres
of property located at the northwest
comer of Muscatine Avenue and
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 deter-
mined that, with appropriate condi-
tions regarding pedestrian connec-
tivity and neighborhood compatibili-
ty the requested zoning is consis-
tent with the goals of the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5
(2009) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, the Owner and
Applicant acknowledge that certain
conditions and restriction are rea-
sonable to ensure the de+elopment
of the property is consistent with the
Comprehensive Plan, the need for
neighborhood compatibility and
pedestrian connections; and
WHEREAS, the Owner and
Applicant agrees to develop this
property in accordance with the
terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in considera.
tion of the mutual promises con-
tained herein, the parties agree as
follows:
1. 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, Iowa City,
Johnson County, Iowa; Thence
S87 °58147 "W, along the South line
of the Southeast One - Quarter of the
Northeast One - Quarter of said
Section 13, a distance of 50.00 feet,
to its intersection with the West
Right -of -Way line of Scott
Boulevard; Thence N01 °06'43 "W,
along said West Right -of -Way line,
52.29 feet, to the POINT OF
BEGINNING; Thence S88 °46'53 "W,
279.96 feet; Thence N01- 06'43 "W,
434.89 feet; Thence N88 °53'17 "E,
279.96 fbet, to a point on the West
line of Ralston Creek South
Property Acquisition From Wilfreda
A. and Albert N. Heironymous, in
accordance with the Plat thereof
recorded in Plat Book 19, at Page
84, in the Records of the Johnson
County Recorder's Office; Thence
S01"06'43 "E, along said West line,
and the said West Right -of -Way line
of Scott Boulevard, 434.37 feet, to
said POINT OF BEGINNING, con-
taining 2.79 acres, and subject to
easements and restrictions of
record.
2. The Owner acknowledges that
the City wishes to ensure confor-
mance to the principles of the
Comprehensive Plan. Further, the
parties acknowledge that Iowa
Code §414.5 (2009) provides that
the City of Iowa City may impose
reasonable conditions on granting
an applicant's rezoning request,
over and above the existing regula-
tions, in order to satisfy public
needs caused by the requested
change.
3. In consideration of the City's
rezoning the subject property,
Owner agrees that development of
the subject property will conform to
all other requirements of the zoning
chapter, as well as the following
conditions:
a. Sidewalk on the north side of
Muscatine Avenue shall be extend-
ed from Juniper Drive to Scott
Boulevard. Said side walk and the
sidewalk along Terrence Lane adja-
cent to 3330 Muscatine Avenue
shall be installed concurrently with
the construction of Terrence Lane,
b. The myRi- family buildings shall
substantially comply with the
November 30, 2010 file stamped
site plan and building elevations.
Changes to the site plan or building
design must be approved by the
Staff Design Review Committee.
4. The Owner and City acknowl-
edge that the conditions contained
herein are reasonable conditions to
impose on the land under Iowa
Code §414.5 (2009), and that said
conditions satisfy public needs that
are caused by the requested zoning
change.
5. The Owner and City acknowl-
edge that in the event the subject
property is transferred, sold, rede-
veloped, or subdivided, all redevel-
opment will conform with the terms
of this Conditional Zoning
Agreement.
6. The parties acknowledge that this
Conditional Zoning Agreement shall
be deemed to be a covenant run-
ning 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 succes-
sors, representatives, and assigns
of the parties.
7. The Owner acknowledges that
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. The parties agree that this
Conditional Zoning Agreement shall
be incorporated by reference into
the ordinance rezoning the subject
property, and that upon adoption
and publication of the ordinance,
this agreement shall be recorded in
the Johnson County Recorder's
Office at the Owner's expense.
Dated this 15th day of February,
2011.
CITY OF IOWA CITY
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
OWNER:
Hieronymus Family Partnership,
LLC
s/John A. Hieronymus
82478 February 23, 2011
R�- _�
I r j
CITY OF IOWA CITY
410 East Washington Strcct
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4423 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
February, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 23, 2011.
Dated at Iowa City, Iowa, this 7th day of March 2011.
Voparil
Deputy City Clerk
Printer's Fee $ 250. 7-9
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED. ID # 42- 0330670
I, ��D N CSJ anAT2.
being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS- CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper time(s), on the
following date(s):
fEBQNA�� 2 �, Lo 1l
Legal Clerk
Subscribe and sworn to b re me
this day of
A.D. 20
Nnt. v Public
t LINDA KROTZ
Commission Number 73261
My. Commission Expires
January 27,20 3-1014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4423
ORDINANCE REZONING
APPROXIMATELY 2.97 ACRES
LOCATED NORTHWEST OF THE
INTERSECTION OF FIRST
AVENUE AND HICKORY TRAIL
TO AMEND A PREVIOUSLY
APPROVED PLAN FOR A
PLANNED DEVELOPMENT
OVERLAY, MEDIUM DENSITY
SINGLE FAMILY (OPD -8) ZONE.
(REZ10- 00013)
WHEREAS, the applicant, Casey
Boyd, LLC, has requested an
amendment of a previously
approved Planned Development
Overlay Medium Density Single
Family (OPD -8) zone located north-
west of the intersection of First
Avenue and Hickory Trail; and
WHEREAS, the Comprehensive
Plan's design guidelines for new
neighborhoods emphasize efficient
and compact design with densities
of 5 -7 dwelling units per acre;
WHEREAS, the Northeast District
Plan identifies lots fronting on the
west side of First Avenue as appro-
priate for townhouse and multifam-
ily development; and
WHEREAS, the applicant has pro-
posed a 16 -unit multi - family build-
ing with vehicle access from an
extension of Hickory Trail, reserv-
ing a large portion of the lot as nat-
ural open space; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed rezoning and site
p
plies with the Comprehensive Plan
provided that it meets conditions
related to minimizing impacts on
the adjacent park from urban devel-
opment and compliance with all
standards for the Planned
Development Overlay; and
WHEREAS,,lowa Code Section
414.5 (2009) ptovides that the City
of Iowa City may impose reason-
able conditions on granting an
applicant's rezoning request, over
and above exi §ting regulations, in
order to satisfy public needs
caused by the rezoning request;
and
WHEREAS, the applicant/ owner
acknowledges that certain condi-
tions and restrictions are reason-
able to ensure that development of
this property as an OPD -8 zone
complies with the Comprehensive
Plan's vision for the Bluffwood
Neighborhood as described in the
Northeast District plan;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL 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)
zone to Planned Development
Overlay Medium Density Single
Family (OPD -8) zone:
HICKORY POINTE, IOWA CITY,
IOWA IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED
IN BOOK 55, AT PAGE 13, IN THE
RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE,
CONTAINING 2.97 ACRES, AND
SUBJECT TO EASEMENTS AND
RESTRICTIONS OF THE
RECORD.
e!S\(3,� L-\
SECTION III. ZONNNG MAP. The
Building Inspector is hereby author-
ized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publioatlon of this
ordinance by law.
SECTION IV. CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance, the
City Clerk is hereby authorized and
directed to certify a copy of this
ordinance and to record the same,
at the office of the County Recorder
of Johnson County, Iowa, at the
owner's expense, all as provided
by law.
SECTION V. REPEALER. All ordi-
nances 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 15th day
of February 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Merian K. Karr, City Clerk
CONDITIONAL ZONING AGREE-
MENT
THIS AGREEMENT is made
between the City of Iowa City, Iowa,
a municipal corporation (hereinafter
"City "), and Casey Boyd, LLC
(hereinafter "Owner");
WHEREAS, Owner is the legal title
holder of approximately 2.97 acres
of property located at the northwest
corner of First Avenue and Hickory
Trail; and
WHEREAS, on March 10, 2009,
Council approved Ord. (09 -4327)
zoning this land Planned
Development Overlay Medium
Density Single. Family (OPD -8) to
allow for the development of three
six -unit residential structures; and
WHEREAS, the Owner has
requested an amendment to the
development plan to allow for the
construction of one 16 -unit residen-
tial structure; and
WHEREAS, the Planning and
Zoning Commission has deter-
mined that, with appropriate condi-
tions regarding site design, building
and retaining wall elevations, vehic-
ular and pedestrian access, land-
scaping, the establishment and
maintenance of a natural open
space, and stabilization of slopes,
the requested change to the devei-
opment plan is appropriate in this
location to allow the proposed 16-
unit mufti- family building; and
WHEREAS, Iowa Code §414.5
a that. the C11 ,ot
Iowa City may impose reasonable'
conditions on granting an appli-
cant's rezoning request, over and
above existing regulations, in order
to satisfy public needs'caused by
the requested change; and
WHEREAS, the Owner acknowl-
edges that certain conditions and
restrictions are reasonable to
ensure the development of the
property is consistent with the
Comprehensive Plan and the vision
for the Bluflwood Neighborhood as
expressed in the Northeast District
Plan; and
WHEREAS, the Owner agrees to
develop this property in accordance
with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in considera-
tion of the mutual promises con-
tained herein, the parties agree as
follows:
1. Owner is the legal title holder of
the property legally described as
follows:
HICKORY POINTE, IOWA CITY,
IOWA IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED
IN BOOK 55, AT PAGE 13, IN THE
RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE,
CONTAINING 2.97 ACRES, AND
SUBJECT TO EASEMENTS AND
RESTRICTIONS OF THE
RECORD.
2. The Owner acknowledges that
the City wishes to ensure confor-
mance to the principles of the
Comprehensive Plan. Further, the
parties acknowledge that Iowa
Code §414.5 (2009) provides that
the City of Iowa City may impose
reasonable conditions on granting
an applicant's rezoning request,
over and above the existing regula-
tions, in order to satisfy public
needs caused by the requested
change.
3. In consideration of the City's
rezoning the subject property,
Owner agrees that development of
the subject property will conform to
all other requirements of the zoning
chapter, as well as the following
conditions:
a. Substantial compliance with the
Preliminary Planned Development
Plan submitted January 5, 2011,
sttaottsd and incorporated herein,
wfh regard to the layout, including
ft location and size of the build -
Ing, retaining wall, and rear access
drive.
b. Substantial compliance with the
buNdkrg elevations submitted
January 10, 2011, particularly with
regard to the variation in fagads;
use of quality materials, including
cement board siding and stone
veneer; roofline; and window pat-
tern and bays which break up the
mass of the buildings and ensure
compatibility with the character of
the surrounding neighborhood,
including single - family areas within
the neighborhood.
c. All landscaping (trees and
shrubs) must comply with the
species list provided by Johnson
County Heritage Trust or similar list
from the Iowa State extension.
d. Prior to the issuance of a building
permit, Owner shall obtain:
L Design Review Committee
approval of building materials
(including colors), and design and
materials for the proposed retaining
wall.
It. Planning staff approval of a
detailed plan for all landscaping,
including landscape screening of
the retaining wall, and plans for
establishing and maintaining prairie .
in the proposed open space,
including species selection and
lonq term maintenance.
ing change.
5. The Owner and City acknowl-
edge that in the event the subject
property is transferred, sold, rede-
veloped, or subdivided, all redevel-
opment will conform with the terms
of this Conditional Zoning
Agreement.
6. The parties acknowledge that
this Conditional Zoning Agreement
shall be deemed to be a covenant
running with the land and with title
to the land, and shall remain in full
force and effect as a covenant with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owner acknowledges that
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.
B. The parties agree that any previ-
ous conditional zoning agree -
ment(s) for this property are hereby
declared null and void and shall
have no further effect.
9. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by reference
into the ordinance rezoning the
subject property, and that upon
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Owner's
expense.
Dated this 15th day of February,
2011.
CITY OF IOWA CITY
s /Matthew J. Hayek, Mayor
Attest: s/ Marian K. Karr, City Clerk
CASEY BOYD, LC
By: s /Casey J. Boyd
82480 February 23, 2011
a��
a
J
e. Owner shall obtain a grading
permit for the site and newly creat-
ed slopes must be stabilized prior
to issuance of a building permit.
4. The Owner and City acknowl-
edge that the conditions contained
herein are reasonable conditions to
impose on the land under Iowa
Code §414.5 (2009), and that said
conditions satisfy public needs that
are caused by the requested zon-
ing change.
5. The Owner and City acknowl-
edge that in the event the subject
property is transferred, sold, rede-
veloped, or subdivided, all redevel-
opment will conform with the terms
of this Conditional Zoning
Agreement.
6. The parties acknowledge that
this Conditional Zoning Agreement
shall be deemed to be a covenant
running with the land and with title
to the land, and shall remain in full
force and effect as a covenant with
title to the land, unless or until
released of record by the City of
Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owner acknowledges that
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.
B. The parties agree that any previ-
ous conditional zoning agree -
ment(s) for this property are hereby
declared null and void and shall
have no further effect.
9. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by reference
into the ordinance rezoning the
subject property, and that upon
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Owner's
expense.
Dated this 15th day of February,
2011.
CITY OF IOWA CITY
s /Matthew J. Hayek, Mayor
Attest: s/ Marian K. Karr, City Clerk
CASEY BOYD, LC
By: s /Casey J. Boyd
82480 February 23, 2011
a��
OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
V
41,
5
PRELIMINARY PLANNED DEVELOPMENT PLAN
HICKORY POINTE 2ND ADDITION
'A RESUBMWN @? Hmmy Powe
IOWA CITY, IOWA
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(3 19) 3S6 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4424 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of
February, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on February 23, 2011.
Dated at Iowa City, Iowa, this 7th day of March 2011.
Voparil
Deputy City Clerk
Printer's Fee $ '31
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED. ID # 42- 0330670
I, t*� 5v>AJ4-r2.
being duly sworn, say
that I am the legal clerk of the IOWA
CITY PRESS- CITIZEN, a newspaper
published in said county, and that a
notice, a printed copy of which is
hereto attached, was published in said
paper % time(s), on the
following date(s):
FEF31Kg A Q-1 ,JA 1 2 o it
Legal Cler
Subscri d and sworn to before me
this day of
A.D. 20
LINDA KROTZ o a y Public
���� Commission Number 73261
• My Commission Expires
ar•
janury 27,30 ��
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4424
AN ORDINANCE AMENDING THE
TITLE 14, ARTICLE 4E, SUBSEC-
TION 8C, NONCONFORMING
SIGNS, TO ALLOW MODIFICA-
TION OR REPLACEMENT OF A
SIGN FACE ON CERTAIN NOW
CONFORMING SIGNS LOCATED
WITHIN 1000 FEET OF AN INTER-
STATE HIGHWAY RIGHT -OF -WAY
(REZ10- 00017).
WHEREAS, the City's Sign
Ordinance allows modifications to
existing nonconforming signs in
only very limited circumstances with
the intent to eliminate nonconformi-
ties over time;
WHEREAS, the sign ordinance
allows taller, larger signs in the
Highway Commercial Zone within
1000 feet of an interstate highway
so that the signs are visible to trav-
elers along the.interstate highway;
and
WHEREAS, there are only two
interstate highway interchanges in
Iowa City that are intended for com-
mercial development and the
Highway Commercial zoning desig-
nation is no longer used at one of
those interchanges, making an
existing tall highway sign in this
area nonconforming; and
WHEREAS, significant private
investment is made to install a taller,
larger sign structure, so limited
allowance to replace a sign face on
such an existing nonconforming
sign is reasonable provided the
property is still zoned for commer-
cial use, the sign is in good condi-
tion, it doesn't violate airport height
restrictions; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed zoning code amend-
ment and found it consistent with
the broad intent and purpose of the
zoning ordinance and therefore rec-
ommends approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
Deleting paragraph. 14- 4E -8C -3 of
the zoning ordinance and substitut-
ing in lieu thereof:
3. Other than for routine mainte-
nance, if a nonconforming sign is
changed or altered in any way it
must be brought into compliance
with the provisions of Article 14 -56,
Sign Regulations, with the following
exceptions:
a. Nonconforming signs that are
deemed historic, signs for a historic
structure and signs on structures in
a Historic Preservation Overlay
Zone may qualify for a special
exception as described in para-
graph 4, below.
b. On signs located within 1000 feet
of an interstate highway that are
legally non - conforming with regard
to sign area or height limitations, the
existing sign race may be changed
or replaced, provided the sign
meets all of the following criteria:
(1) The sign is located on property
that is zoned commercial;
(2) The sign is not a hazardous
sign, as defined in this Title; and
(3) If the sign is located in an area
subject to regulation due to its prox-
imity to the Iowa City Municipal
Airport, a determination of "no haz-
ard to air navigation" has been
received from the FAA.
SECTION It. REPEALBR. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or parUbf 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, apptov -al
and publication.
Passed and approved this 15th day
of February, 2011.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
82479 February 23, 2011
ww ®���
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4425 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of May,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 11, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Ju . Voparil
Deputy City Clerk
7Printer's Fee $ S(o
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I,— A :�;g Ag r?T
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper ---I_
time(s), on the following date(s):
Al�:
Legal Cr le
Subscribed and sworn to
before me this ) 1 4g- day of
A.D. 20�.
I
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V
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OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4425
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.17 ACRES OF LAND LOCATED AT THE
SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMER-
CIAL(CN-1) TO PLANNED DEVELOPMENT OVERLAY-LOW DENSITY MULTI - FAMILY RESIDENTIAL(OPD-
RM12). (REZ10- 00018)
WHEREAS, the applicant, Arlington Development LLC, has requested a rezoning of property located at the south-
west corner of Taft Avenue and Court Street, from Neighborhood Commercial (CN -1) to Planned Development
Overlay -Low Density Multi - Family Residential (OPD- RM12); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a mixed use neighborhood town
center that creates a urban frontage onto the public open space and promotes a mix of residential and commercial
uses in the area surrounding the public open space; 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 neighborhood
compatibility and infrastructure improvements; and
WHEREAS, Iowa Code §414.5 (2011) 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 has 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 Neighborhood Commercial
(CN -1) to Planned Development Overlay Low Density Mufti - Family Residential (OPD /RM12): '
Beginning at the southeast corner of Lot 257, Windsor Ridge Part Fourteen, Iowa City, Johnson County, Iowa in•
accordance with the plat thereof recorded in Book 41, at Page 57 of the records of the Johnson County Recorder's
Office; thence S89 °41'12 "W, along the south line of said Lot 257, a distance of 262.67 feet, to the southwest cor-
ner thereof; thence N00 °23'59 "W, along the west line of said Lot 257, a distance of 357.77 feet; thence
N89 °02'11 "E, 262.68 feet to a point on the east line of said Lot 257; thence S00 123'59 "E along said east line, 360.75
feet to the said point of beginning, said tract of land contains 2.17 acres and is subject to easements and restric-
tions 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 ordi-
nance 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 Vl. 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 Ordi -nance shall be in effect after its final passage, approv -al and publi-
cation, as provided by law.
Passed and approved this 3rd day of May, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Prepared by: Christine Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319358 -5243 (REZ10- 00018)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Arlington Development, Inc. (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 2.17 acres of property
located at the southwest corner of Taft Avenue and Court Street; and
WHEREAS, the Owner has requested the rezoning of said property from Neighborhood
Commercial (CN -1) to Planned Development Overlay -Low Density Multi - Family (OPD -RM12)
zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding building design, infrastructure improvements, and maintenance
agreements for visitor parking, that the requested zoning and the various requested
modifications to the zoning is consistent with the Comprehensive Plan goals of compact, mixed
use development and neighborhood compatibility, which are accepted types of planned
developments; and
WHEREAS, Iowa Code §414.5 (2011) 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 neiahborhood compatibility and infrastructure improvements; and
WHEREAS, the Owner agrees'to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Arlington Development, Inc. is the legal title holder of the property legally described as:
Beginning at the southeast corner of Lot 257, Windsor Ridge Part Foutteen, Iowa
City, Johnson County, Iowa in accordance with the plat thereof recorded in Book 41,
at Page 57 of the records of the Johnson County Recorder's Office; thence
S89 °41'12 "W, along the south line of said Lot 257, a distance of 262.67 feet, to the
southwest corner thereof; thence N00 °23'59 "W, along the west line of said Lot 257, a
distance of 357.77 feet; thence N89 "02'1 1"E, 262.68 feet to a point on the east line
of said Lot 257; thence S00 °23'59 "E along said east line, 360.75 feet to the said
point of beginning, said tract of land contains 2.17 acres.
Said property to be subdivided as Lot 2, Windsor Ridge- Part Twenty -Two.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2011) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
code, as well as the following conditions:
a. The buildings shall substantially comply with the attached building elevations.
b. Prior to the issuance of a building permit for the property, Owner shall contribute
12.5% of the cost to improve the adjacent portion of Taft Avenue to arterial street
standards in accordance with .Iowa City code Section 15- 3- 2(K)(1)(c). Said
contribution shall be in the amount of $25,089.50 ($69.50 x 361 lineal feet).
c. Owner shall construct and maintain the adjacent visitor parking spaces located within
the City Park.
d. Owner shall replace any trees or landscaping removed due to the construction of
said parking spaces with like -kind trees or landscaping.
4. Upon satisfaction of the conditions contained in paragraph 3 above, the City shall
promptly Issue to the Owner a good and sufficient .release for the property or a partial
release of constructed condominium units so that this Conditional Zoning Agreement will
not constitute a cloud upon the property.
5. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
6. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment wlll conform with the terms of this
Conditional Zoning Agreement.
7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
8. The Owner acknowledges that 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.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
a nn�.y �
Dated this 3' day ofidla�eh, 2011.
CITY OF IOWA CITY ARLINGTON DEVELOPMENT,' INC:
BY: A BY: 1
I
Matthew J. Hayek, Mayor John MMoreland , Jr., President and Sb1 cretary
Attest:
Marian K. Ka , City Clerk
—i_ flllll lu •:�_' I II I _� �= I.-I- Elm I..I gglim. = i II Il 11 i1
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FRONT ELEVATION •I
SIDE ELEVATION (FACMG CARDIGAN)
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FRONT ELEVATION •I
83019 May 11, 2011
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4426 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of May,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 11, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Ju �K. Voparil
Deputy City Clerk
Printer's Pee $ 3$. (o3
CERTIFICATE OF OP PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CI'T'IZEN
PED.ID #42- 0330670
beiiig duly sworn, say that I ani
the legal clerk ol'the IOWA CITY
PRESS - CITIZEN, a newspaper
published hi said county, and
that a rtotice, a printed copy of
which is hereto attached, was
published in said paper i
time(s), on the following date(s):
Legal Jr, k
Subscribed and sworn to
before the this 1)44- day of
A.D. 20_1.
Notary Public
UIVA
�.NWAWi=
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4426
ORDINANCE AMENDING TITLE
10 OF THE CITY CODE, ENTI-
TLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTI-
TLED "COMMERCIAL USE OF
SIDEWALKS," SECTION 5, ENTI-
TLED, "USE BY MOBILE VEN-
DORS," TO DECREASE THE
NUMBER OF VENDORS IN CITY
PLAZA, TO ELIMINATE THE MIN-
IMUM HOURS REQUIREMENT,
AND TO ALLOW ANY TYPE OF
FOOD OR BEVERAGE.
WHEREAS, regulating the public
right -of -way by commercial busi-
nesses ensures the safe movement
of pedestrians and fair commercial
use of the right -of -way;
WHEREAS, section 10 -3 -5 present-
ly provides that the City may issue
eight permits for mobile vending in
City Plaza and that the vendors
operate a minimum number of
hours;
WHEREAS, one of the conditions
for granting a mobile vendor permit
is that the vendor not sell substan-
tially the same food or beverage
product as another vender;
WHEREAS, decreasing the number
of vendors will lessen the conges-
tion in City Plaza;
WHEREAS, decreasing the mini-
mum hours of operation will allow
vendors more flexibility in operating
their businesses;
WHEREAS, eliminating the variety
of products requirement will allow
vendors more flexibility and
decrease staff time needed to
administer this requirement;
WHEREAS, it is in the City's inter-
est to decrease the vendors in City
Plaza, to eliminate the minimum
hours requirement, and to allow any
type of food or beverage.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways
and Property," Chapter 3, entitled
"Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection A, Paragraph
2a in its entirety and by substituting
in its place the following new para-
graph:
No more than six (6) permits shall
be issued each calendar year. All
permits shall be issued for city plaza
except that up, to two (2) permits
may be issued for the 100, 200, and
300 blocks of Iowa Avenue.
2. Title 10, entitled "Public Ways
and Property," Chapter 3, entitled
"Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection A, Paragraph
2c in its entirety and by substituting
in its place the following new para-
graph:
At a minimum, mobile vendors
shall operate from May 1 to October
1.
3. Title 10, entitled "Public Ways
and Property," Chapter 3, entitled
"Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection A, Paragraphs
3d, 3h, and 3i in their entirety.
4. Title 10, entitled "Public Ways
and Property," Chapter 3, entitled
"Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile
Vendors," is hereby amended by
deleting Subsection B, Paragraphs
1 o and 2b in their entirety.
SECTION II. REPEALER. All
ordinances and parts of ordinances
in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR
VIOLATION. The violation of any
provision of this ordinance is a
municipal infraction or a simple mis-
demeanor.
SECTION IV. SEVERABILITY. If
any section, provision or part of
the Ordinance shall be adjudged to
be invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication, as provided by law.
Passed and approved this 3rd day
of May, 2011.
s /Matthew J, Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
83013 May 11, 2011
i ` °I `A
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4427 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
May, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 25, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Julie K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Q (. 54 S 0prk r'z,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper %
time(s), on the following date(s):
.NArle .Z5, 20((
Legal Cl r
Subscribed and sworn to
before me this day of
A.D. 20�:
Notar
t
;��
4
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4427
AN ORDINANCE APPROVING AN
AMENDED PLANNED
DEVELOPMENT OVERLAY
(OPD -5) PLAN FOR VILLAGE
GREEN PART XX, LOT 50
( W E L L I N G T O N
CONDOMINIUMS), IOWA CITY,
IOWA (RPZ11- 00007)
WHEREAS, the Applicant, Stanley
& Douglas, L.L.C. is the legal title
holder of Village Green Part XX,
Lot 50, Iowa City, Iowa; and
WHEREAS, the OPD -5 Plan and
final plat for Village Green Part XX
was approved in December 2001
by Ordinance No. 01 -3989, with all
units allowed to have two -car
garages; and
WHEREAS, the OPD -5 Plan was
amended in January 2005 by
Ordinance. No. 05 -4148 to allow
three -car garages on seven (7) of
the 19 proposed dwelling units;
and
WHEREAS, the Applicant, has
requested an amendment to the
OPD -5 Plan to allow three -car
garages on four (4) additional
dwelling units; and
WHEREAS, the OPD -5 zoning is
intended to permit flexibility in the
use and design of structures and
land in situations where a conven-
tional development may be inap-
propriate; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the proposed OPD -5 Plan
Amendment and has recommend-
ed approval;
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL
OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Planned
Development Overlay (OPD -5)
Plan of the property legally
described as Lot 50, Village Green
Part XX, Iowa City, Iowa is hereby
amended.
. SECTION II. VARIATIONS. To
allow the development of 19 dwell-
ing units on 7.0 acres clustered
around a pond; the Village Green
Part XX OPD -5 Plan varies from
the RS -5 dimensional require-
ments. These variations include
allowing multiple dwelling units to
be located on one lot; two to three
dwelling units are attached in one
structure; and some dwelling units
are accessed from a 22 -foot wide
private street.
SECTION III. ZONING MAP. The
building official is hereby autho-
rized and directed to change the
zoning map of the City of Iowa
City, Iowa, to conform to this
amendment upon the final pas-
sage, approval and publication of
the ordinance as approved by
law.
SECTION IV. CERTIFICATION
AND RECORDING. Upon passage
and approval of the Ordinance,
the City Clerk is hereby authorized
and directed to certify' a copy of
this ordinance and record the
same in the Office of the County
Recorder, Johnson County, Iowa,
at the City's expense, upon. the
final passage, approval and publi-
cation of this ordinance, as pro-
vided by law.
SECTIOWV. REPEALER. All ordi-
nances and pants of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If
any section, provision or part of
Me 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 Ord! -nance shall be in effect
after Its final passage, approv -al
and publication, as provided by
law.
Passed and approved this 17th
day of May, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Kan, City
Clerk
83211 May 25, 2011
� r
VIII + 'P,
4 I
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4428 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
May, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 25, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Julie . Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, lPoc.9ig, SL3 A�2-rZ ,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper ---I-
time(s), on the following date(s):
Legal irk
Subscribed and sworn to
before me this _ S day of
A.D. 20 l )
Notary Public
,.� L1N�'4'ROTZ
��-
�,rrisSion Number lib
My �;omnlr58ion Expires
January 27, N14
City, Iowa, to conform to this
amendment upon the final pas-
sage, approval and publication of
the ordinance as approved by
OFFICIAL PUBLICATION
law.
SECTION IV. CERTIFICATION AND
ORDINANCE NO. 11 -4428
RECORDING. Upon passage and
AN ORDINANCE
approval of the Ordinance, the
CONDITIONALLY REZONING
City Clerk is hereby authorized
APPROXIMATELY 12.72 ACRES
and directed to certify a copy of
OF LAND LOCATED AT MORMON
this ordinance and associated
TREK BOULEVARD AND DANE
conditional zoning agreement and
ROAD FROM COUNTY
record the same in the Office of
AGRICULTURAL (A) TO
the County Recorder, Johnson
INTENSIVE COMMERCIAL (CIA).
County, Iowa, at ILJ Investment,
(REZ 11- 00004)
Inc.'s expense, upon the final pas -
WHEREAS, ILJ Investments, Inc.
sage, approval and publication of
is the owner and legal titleholder
this ordinance, as provided by
of approximately 9.71 acres of
law•
land located at Mormon Trek
SECTION V. REPEALER. All ordi-
Boulevard and Dane Road,
nances and parts of ordinances in
conflict with the provisions of this
Johnson County, Iowa; and
Ordinance are hereby repealed.
WHEREAS, ILJ Investments, Inc.
SECTION VI. SEVERABILITY. If
has requested annexation and
any section, provision or part of
rezoning of the approximate 9.71
the Ordinance shall be adjudged
acre tract into the City of Iowa
to be invalid or unconstitutional,
City, Iowa; and
such adjudication shall not affect
WHEREAS, the City of Iowa City
the validity of the Ordinance as a
owns the adjacent 3.01 acre Right
whole or any section, provision or
of Way of Mormon Trek Boulevard
part thereof not adjudged invalid
to the south and wishes to annex
or unconstitutional.
and rezone said right -of -way; and
SECTION VII. EFFECTIVE DATE.
WHEREAS, the Comprehensive
This Ordi - nance shall be in effect
Plan indicates that the property is
after its final passage, approval
appropriate for intensive commer-
and publication, as provided by
cial development; and
WHEREAS, the Planning and
law.
Passed and approved this 17th
Zoning Commission has reviewed
day of May, 2011.
the proposed rezoning and deter -
s/Matthew J. Hayek, Mayor
mined that it complies with the
Comprehensive Plan; and
Attest: s/Marian K. Karr, City
WHEREAS, Iowa Code §414.5
Clerk
(2011) provides that the City of
CONDITIONAL ZONING
Iowa City may impose reasonable
AGREEMENT
conditions on granting an appli-
THIS AGREEMENT is made
cant's rezoning request over and
above existing regulations in order
between the City of Iowa City,
to satisfy public needs caused by
Iowa, a municipal corporation
"City "),
the requested change; and
(hereinafter and ILJ
WHEREAS, the adjacent property
Investments, Inc. (hereinafter
"Owner ").
to the north is residential and
WHEREAS, Owner is the legal title
should be shielded from commer-
cial uses with increased buffering
holder of approximately 9.71 acres
and lighting standards; and
of property located at the north-
WHEREAS, Owner has agreed
east corner of the intersection. of
that the property shall be devel-
Mormon Trek Boulevard and Dane
oped in accordance with the terms
Road; and
WHEREAS, the Owner has
and conditions of the Conditional
Zoning Agreement to ensure
requested the rezoning of said
appropriate development in this
property from County Agricultural
area of the city.
(A) to Intensive Commercial zone
NOW, THEREFORE, BE IT
(CIA); and
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
WHEREAS, the Planning and
CITY, IOWA:
Zoning Commission has deter-
SECTION I APPROVAL.
mined that, with appropriate con-
ro perty described below is
The property ppro
ditions regarding buffering and
hereby reclassified from its cur-
lighting, the requested zoning is
rent zoning designation of County
consistent with the Comprehensive
Agricultural (A) to Intensive
plan; and
WHEREAS, Iowa Code §414.5
Commercial (CI-1):
Meadowlark Hill Second
(2009) provides that the City of
Subdivision is
Subdivision Johnson County,
Iowa City may impose reasonable
in
according the recorded
conditions on granting an appli-
plat t d
plat thereof, recorded in plat book
cant's rezoning request, over and
55 at page 132 in the records of
above existing regulations, in
the Johnson County Recorder's
order to satisfy public needs
office, and all of the adjacent
caused by the requested change;
Right of Way of Mormon Trek
and
WHEREAS, the Owner acknowl-
Boulevard to the south of said
edges that certain conditions and
Outlot A, containing 12.72 acres.
SECTION II. CONDITIONAL
restrictions are reasonable to
ZONING AGREEMENT. The Mayor
ensure the development of the
is hereby authorized and directed
property is consistent with the
to sign, and the City Clerk attest,
Comprehensive Plan and neigh -
the Conditional Zoning Agreement
borhood compatibility; and
between the property owner and
WHEREAS, the Owner agrees to
the City, following passage and
develop this property in acoor-
approvai of this Ordinance.
dance with the terms and condi-
SECTION III. ZONING MAP. The
tions of a Conditional Zoning
Building Official is hereby autho-
Agreement.
NOW, THEREFORE, in consider-
rized and directed to change the
zoninq map of the City of Iowa
9.. t I - `t L-1 �,� ' a .71k
ation of the mutual promises con-
tained herein, the parties agree as
follows:
1. IW Investments, Inc. is the legal
title holder of approximately 9.71
acres of land located at Mormon
Trek Boulevard and Dane Road,
Johnson County, Iowa legal
described as: OutlotA, Meadowlark
Hill Second Subdivision to
Johnson County, Iowa, according
to the recorded plat thereof,
recorded in plat book 55 at page
132 in the records of the Johnson
County Recorder's office.
2. The Owner acknowledges that
the City wishes to ensure confor-
mance to the principles of the
Comprehensive Plan and South
Central District Plan. Further, the
parties acknowledge that Iowa
Code §414.5 (2009) provides that
the City of Iowa City may impose
reasonable conditions on granting
an applicant's rezoning request,
over and above the existing regu-
lations, in order to satisfy public
needs caused by the requested
change.
3. In consideration of the City's
rezoning the subject property,
Owner agrees that development of
the subject property will conform
to all other requirements of the
zoning chapter, as well as the fol-
lowing conditions:
a. A 20 foot wide landscape buffer,
meeting a minimum of S3 screen-
ing standards, will be installed
along the north property line.
b. Outdoor lighting may not be
mounted higher than 30 feet.
4. The Owner and City acknowl-
edge that the conditions contained
herein are reasonable conditions
to impose on the land under Iowa
Code §414.5 (2009), and that said
conditions satisfy public needs
that are caused by the requested
zoning change.
5. The Owner and City acknowl-
edge that in the event the subject
property is transferred, sold, rede-
veloped, or subdivided, all rede-
velopment will conform with the
terms of this Conditional Zoning
Agreement.
6. The parties acknowledge that
this Conditional Zoning Agreement
shall be deemed to be a covenant
running with the land and with title
to the land, and shall remain in full
force and effect as a covenant
with title to the land, unless or
until released of record by the City
of Iowa City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owner acknowledge(s) that
nothing in this Conditional Zoning
Agreement shall be construed to
relieve the Owner or Applicant
from complying with all other
applicable local, state, and federal
regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by reference
into the ordinance rezoning the
subject property, and that upon
adoption and publication of the
ordinance, this agreement shall be
recorded in the Johnson County
Recorder's Office at the Applicant's
expense.
Dated this 17th day of May, 2011.
CITY OF IOWA CITY
s/Matthew J. Hayek Mayor
Attest: s/Marian K Karr, City Clerk
By: s /Mark E. Schneider,
President
83212 May 25, 2011
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(3 19) 3S6 -5000
(319) 3S6 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4429 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
May, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 25, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Julie K Voparil
Deputy City Clerk
Printer's Fee $;X IP3
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FAE'D`I Do #42 �-03 30670
1, —Q : au A_._2r
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
'Ad AY C ,-7 hit
Legal Cl
Subscribed and sworn to
before me this dYt day of
A.D. 20_J)_.
Ic
180—
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4429
ORDINANCE AMENDING TITLE
6, ENTITLED "PUBLIC HEALTH
AND SAFETY," CHAPTER 3,
ENTITLED "WEED CONTROL,"
BY CHANGING THE DEFINITION
OF WEED FROM GRASS
THAT IS FOURTEEN (14) INCHES
IN HEIGHT TO TEN (10) INCHES.
WHEREAS, the definition of
"weed" requires that the unculti-
vated growth be more than four-
teen Inches (14 ") before the City
can enforce it as a nuisance;
WHEREAS, citizens have com-
plained that the height standard is
too high:
WHEREAS, weeds more than
fourteen inches (14 ") in height are
difficult to mow and often result in
piles of dead grass that also lead
to citizen complaints;
WHEREAS, tall weeds are the
depository for trash, junk and
other debris; and
WHEREAS, it is in the best interest
of the City to decrease the stan-
dard to ten inches (10 ").
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL
OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health
and Safety," Chapter 3, entitled
"Weed Control," Section 1, enti-
tled "Definitions," is hereby
amended by deleting the terms
"unmowed or untended area" and
"weeds" and substituting in lieu
thereof the following new defini-
tions:
Unmowed or untended area: An
area of land allowed to grow with-
out care and supervision, where
weeds and grasses are more than
ten inches (10 ") in height.
Weeds: Any plants growing uncul-
tivated and out of context with the
surrounding plant life with a height
of ten inches (10 ") or more or
when such plant has a seed head
forming or formed.
2. Title 6, entitled "Public Health
and Safety," Chapter 3, entitled
"Weed Control," Section 2, enti-
tled "Nuisances Declared;
Violations," is hereby amended by
deleting subsections B and E and
substituting in lieu thereof the fol-
lowing new subsections:
B. Developed And Undeveloped
Lots; Weeds - Removal; Grass
Cutting: Each owner and each
person in possession or control of
any developed or undeveloped lot
or land area shall be responsible
to keep said lot or land area, along
with the parking adjacent thereto,
alleys, public ways or land areas
up to the centerline of said ways
free of any weeds and to keep
grasses on said land mowed so
that said grass is less than ten
inches (10 ") in height.
E. Watercourses:
1. Where waterways or water-
courses are found upon any devel-
oped or undeveloped lot or land
area, the owner or person in pos-
session or control of the land shall
keep the flat or level part of the
bank of said waterway free of any
weeds and grasses more than ten
inches (10 ") in height.
2. Should such waterways or
watercourses be found within the
right of way of a street or alley, the
owner or person in possession or
control of the adjacent land shall
be responsible to keep the flat or
accessible portion of the creek
bank free of any weeds and the
grasses more than ten inches (10 ")
in height.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision- of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provi -sion or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid
or unconsti- tutional.
SECTION 1V. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 17th
day of May, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr
83209 May 25, 2011
WSW,(
- +a.a`_
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4430 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of
May, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on May 25, 2011.
Dated at Iowa City, Iowa, this 6th day of June 2011.
Julie- Voparil
Deputy City Clerk
Printer's Fee $ 3 3. o, aZ
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, 906"- Si ArQ -t��
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Ad
Legal Cler
Subscribed and sworn to
before me this a3day of
A.D. 20 If
t ��IIINfIb�f,%�1�
27. 2N4
ComnibilOfl
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4430
ORDINANCE AMENDING TITLE
17, "BUILDING AND HOUSING ",
CHAPTER 5, "HOUSING CODE ",
SECTION 14, "INFORMATIONAL
DISCLOSURE AND
ACKNOWLEDGEMENT FORM"
TO INCLUDE INFORMATION
ABOUT IOWA LAW RE: SECURITY
DEPOSITS.
WHEREAS, Section 17 -5 -14 of the
City's Housing Code requires that
the landlord and tenant execute
an informational disclosure and
acknowledgement form that pro-
vides certain information regard-
ing the premises and the responsi-
bilities of the landlord and tenant;
and ;
WHEREAS, the University of Iowa
Student Government (UISG) is
concerned that students are not
well informed about the provisions
of the Iowa residential landlord
tenant law (Iowa Code chapter
562A) regarding rental deposits,
specifically the need to document
the condition of the premises at
the beginning and end of the ten-
ancy and the requirement that the
tenant provide a mailing address
or delivery instructions for a return
of the rental deposit to the land-
lord; and;
WHEREAS, UISG wishes to utilize
all means available to familiarize
tenants with the rules governing
rental deposits and has requested
that certain information be added
to the form already required by
City Code; and
WHEREAS, it is in the best inter-
ests of the citizens of Iowa City
and consistent with the law of the
State of Iowa to provide the
requested information on the
informational disclosure and
acknowledgement forth.
NOW, THEREFORE, BE IT
ORDAINED BYTHE CITY COUNCIL
OF THE CITY OF CITY, IOWA:
SECTION 1. AMENDMENT.
1. Title 17, entitled "Building and
Housing, Chapter 5 entitled
"Housing Code," Section 14
"Informational Disclosure and
Acknowledgement Form" is here-
by amended by adding a new
subsection "L" as follows:
L. Information concerning the
Iowa law on rental deposits as fol-
lows: (1) the right of the landlord
to withhold from the rental depos-
it such amounts as are reasonably
necessary to restore the premises
to the condition at the commence-
ment of the tenancy, including the
University off campus website or
another website that provides a
checklist for documenting the
condition of the premises; and (2)
the requirement that the tenant
Provide the landlord with the ten-
ant's mailing address or delivery
instructions for return of the rental
deposit.
SECTION 11. REPE&ER. All ordi-
noraes and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION 111. SEVERABILITY. If any
section, provi -lion or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid
or unconsti- tutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 17th
day of May, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
Clerk
83210 May 25, 2011
� r
4
-�aMA
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4431 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of June,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 17, 2011.
Dated at Iowa City, Iowa, this 5th day of July 2011.
CV�,,.
Jul1 K. Vopari
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670 being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper %
time(s), on the following date(s):
JLegalk
Subscribed and sworn to
before me this 1-444- day of
A.D. 2011 .
Commis R Number 1m19�
My cww*wm Ecru
Januely 21,1014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4431
AN ORDINANCE AMENDING
TITLE 3, ENTITLED "FINANCES,
TAXATION & FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 6,
"STORMWATER UTILITY FEE"
AND AMENDING TITLE 16
ENTITLED "PUBLIC WORKS,"
CHAPTER 3, "CITY UTILITIES,"
ARTICLE G, "STORM WATER
COLLECTION, DISCHARGE AND
RUNOFF," SECTION 10(F)(3) TO
CHANGE THE RATE OF THE
STORMWATER UTILITY FEE.
WHEREAS, pursuant to Chapters
384 and 388, Code of Iowa (2011)
the City of Iowa City is authorized
to establish a stormwater ,utility
and provide for the collection of
rates and charges to pay for said
utility; and
WHEREAS, stormwater utility
rates fund the stormwater utility
system over time; and
.WHEREAS, the flat rate for an
Equivalent Residential Unit (ERU)
will increase from $2.00 to $2.50,
and the multiplying rate for non-
residential properties will increase
from $0.75 to $1.00.
NOW, THEREFORE, BE IT
ORDAINED BY THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION 1. AMENDMENT. Title 3,
Chapter 4, Section 6, entitled
"Stormwater Utility Fee" is hereby
amended by increasing the fee to
$2.50.
SECTION II. AMENDMENT. Title
16, Chapter 3, Article G, Section
10, Subsection F, entitled
"Determination of Storm Water
Utility Charge ", Paragraph 3, is
hereby amended by substituting t
eventy five cents ($.75)
$1.00.
SECTION III. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions 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
vayclity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid
or unconstitutional.
SECTION V. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 7th day
of June, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
83290 June 17, 2011
I r
' —4
�nllir, �
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 3S6 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4432 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of June,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 17, 2011.
Dated at Iowa City, Iowa, this 5th day of July 2011.
Ju . Voparil
Deputy City Clerk
Printer's Fee $ y_�.k-Lt
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R o 4-Ek SLJ Aa& -r_2_
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
� AW 1-7
Legal Cle
Subscribed and sworn to
before me this 1 �4 day of
A.D. 20 ll
Not
LINDA
W .
jamM 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4432
ORDINANCE AMENDING TITLE
4, 'ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL
AGE IN LICENSED OR
PERMITTED ESTABLISHMENTS,
SUBSECTION E, TO AMEND THE
FINE AMOUNT FOR VIOLATIONS,
AND SUBSECTION D, TO AMEND
THE WORDING OF THE NOTICE
TO MATCH THE NEW FINE
AMOUNTS, AND TO ELIMINATE
THE POSTING OF NOTICE AS AN
ELEMENT OF THE OFFENSE.
WHEREAS, the City wishes to
reduce the financial penalty for
first -time offenders of this ordi-
nance, while escalating sanctions
for repeat offenders;
WHEREAS, the notices posted in
licensed establishments will need
to be changed to correspond with
the revised fine amounts; and
WHEREAS, amendment of the
ordinance from age nineteen to
twenty-one last year has been the
subject of ample public attention,
leading to a saturation of notice
throughout the community; and
WHEREAS, some judges have
interpreted the present ordinance
as requiring proof on the part of
the City that notice was posted at
every entrance of the liquor
license establishment in order for
any underage patron inside to be
convicted of this offense; and
WHEREAS, the City wished to
require establishments to post
such notice, without making fail-
ure to do so a legal defense for
underage patrons; and
WHEREAS, it is in the best interest
of the City to adopt this amend-
ment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5,
PROHIBITIONS AND
RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION
E, is hereby amended by deleting
paragraph 1 in its entirety and
replaced with the following lan-
guage:
1. A person under the legal age
who violates the provisions of
subsection C of this section is
guilty of a simple misdemeanor
punishable as follows:
a.For a first offense, a fine of three
hundred dollars ($300.00).
b. For a second offense, a fine of
five hundred dollars ($500.00).
C. For a third or subsequent
offense, a fine of six hundred
twenty-five dollars ($625.00).
TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5,
PROHIBITIONS AND
RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION
D, is hereby amended by deleting
the bold text under the heading
"Notice to Persons Under The
Legal Age." and replacing it as fol-
lows:
You are subject to a fine ranging
from $300 to $625 for being on
these premises between the hours
of 10:00 p.m. and closing unless:
TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5,
PROHIBITIONS AND
RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION
D, is further amended by adding
the following language to the end
of Subsection D:
The posting of this notice shall not
be considered an element of the
offense delineated in subsection C
of this section, and failure by a
liquor license establishment to
post said notice shall not be con-
sidered a legal defense to such
charge for a patron.
SECTION II. REPEALER. All ordi-
nanceS and pates of ordIhdhCaS in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill. 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
on July 1, 2011.
Passed and approved this June
7th day of June, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
83291 June 17, 2011
� r i
Sul 4 "
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4433 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
June, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 29, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011.
Julie . Voparil
Deputy City Clerk
k% -Lk L�3:1
Printer's Fee $ 11_2-&4
�.
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Q 04-E f S..s�T.
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I
time(s), on the following date(s):
ENE „L q t
Legal C k
Subscribed and sworn to
befor me this cA4'day of
A.D. 20 11
-V q"c Comm t Number. 73261
f O+'
Januyy 27, 2014
OFFICIAL PUBLICATION
Iowa City Press - Citizen 7113
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4433
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 23.22
ACRES OF PROPERTY LOCATED AT 2949 ROCHESTER AVENUE,
FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL
(RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY
SINGLE FAMILY
(OPD -5) ZONE. (REZ1 1 -00001)
WHEREAS, the applicant, Rochester Ridge LLC, has requested a
rezoning of property located 2949 Rochester Avenue from Low Density
Single Family Residential (RS -5) zone to Planned Development Overlay -
Low Density Single Family Residential (OPD -5) zone; and
WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the
Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel,
Robert W. Stevens and James E. Stevens, have entered into a purchase
agreement for said 23.22 acres with the Applicant
WHEREAS, the Comprehensive Plan indicates that the area is
appropriate for single family residential of a similar pattern as the
surrounding developments with a potential location of open space in the
southeast corner; and
WHEREAS, the Planning and Zoning Commission has reviewed the
proposed zoning and found that the site has considerable sensitive
natural features, including a regulated woodland, jurisdictional wetlands,
steep and critical slopes, and a stream corridor; and
WHEREAS, the Planning and Zoning Commission found that the
disturbance to the sensitive natural features was warranted in order
to provide for essential public improvements, such as stormwater
management and streets to foster neighborhood connectivity and a
reasonable level of infill development; and
WHEREAS, the Planning and Zoning Commission has determined
that it complies with the Comprehensive Plan provided it is developed
according to a Wetland Mitigation Plan approved by U.S. Army Corps
of Engineers and according to a long term maintenance plan for the
combined wetland /stormwater detention area; and
WHEREAS, Iowa Code §414.5 (2011) 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 RS -5 to OPD -5:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS
ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE
N00"20'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE
N70 °42'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE
POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION Il. 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 111 CONDITIONAL ZONING AGREEMENT. The Mayor, is
hereby authorized and directed to sign, and the City Clerk attest, the
Conditional Zoning Agreement among the Owner(s), Applicant 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 Vl. 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 21 st day of June, 2011.
s/ Matthew J. Hayek
Attest: Marian K. Kan, City Clerk
CONDITIONAL
ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City), the Robert W. Stevens Revocable Trust
and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith
Gabriel, Robert W. Stevens and James E. Stevens (hereinafter "Owners "),
and Rochester Ridge, L.L.C. (hereinafter "Applicant ").
WHEREAS, Owners are the legal title holder of approximately 23.22
acres of property located at 2949 Rochester Avenue, Iowa City, Iowa; and
WHEREAS, Applicant has an equitable interest in said 23.22 acres by
virtue of a purchase agreement with Owners; and
WHEREAS, the Owners and Applicant have requested the rezoning of
said property from Low Density Single Family Residential (RS-5) zone
to Planned Development Overlay -Low Density Single Family Residential
(OPD -5) zone; and
WHEREAS, the Planning and Zoning Commission found that the site has
considerable sensitive natural features, including a regulated woodland,
jerisdictional wetlands, steep and critical slopes, and a stream corridor;
and
WHEREAS, the Planning and Zoning Commission found that the
disturbance to the sensitive natural features was warranted in order
to provide for essential public improvements, such as stormwater
management and streets to foster neighborhood connectivity and a
reasonable level of infill development; and
WHEREAS, the Planning and Zoning Commission has determined that,
with appropriate conditions regarding the need for a Wetland Mitigation
plan and a long term maintenance plan for the combined wetland/
stormwater detention area, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) 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 Owners and Applicant acknowledge that certain
conditions and restrictions are reasonable to ensure the development of
the property is consistent with the Comprehensive Plan and the need for
protection of sensitive natural features; and
WHEREAS, the Owners and Applicant agree to develop this property
in accordance with the terms and conditions of this Conditional Zoning
Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
1. Owners are collectively the legal title holder of the property legally
described as:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF
OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92
FEET; THENCE N00°20'58 "W, 916.12 FEET; THENCE N75"00'31 "E,
137.33 FEET; THENCE N70 °42'29 "E, 863.45; THENCE S00 °33'02 "E,
1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22
ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owners and Applicant acknowledge that the City wishes to
ensure conformance to the principles of the Comprehensive Plan and
the Northeast district plan. Further, the parties acknowledge that Iowa
Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner
and Applicant agree that development of the subject property will
conform to all other requirements of the zoning chapter, as well as
compliance with a Wetland Mitigation Plan approved by the U.S. Army
Corps of Engineers and a long -term maintenance plan for the wetland/
stormwater detention basin located on Outlot A.
4. The Owner, Applicant, and City acknowledge that the conditions
contained herein are reasonable conditions to impose on the land
under Iowa Code §414.5 (2011), and that said conditions satisfy public
needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that 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. The parties acknowledge that this Conditional Zoning Agreement
shall be deemed to be a covenant running with the land and with title
to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa
City. The parties further acknowledge that this agreement shall inure
to the benefit of and bind all successors, representatives, and assigns
of the parties.
7. The Owner and Applicant acknowledge that 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. The parties agree that this Conditional Zoning Agreement shall be
incorporated by reference into the ordinance rezoning the subject
property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's
Office at the ADDlicant's exoense.
Dated this 21 st day of June, 2011.
CITY OF IOWA CITY
s/ Matthew J. Hayek, Mayor
Attest: Marian K. Karr, City Clerk
OWNER:
Robert W. Stevens Revocable Trust
s/Shirley A. Connor, Trustee
Dorothy L. Stevens Revocable Trust
s/Shirley A. Connor, Trustee
s/Shirley A. Connor
s/Judith Gabriel
s/Robert W. Stevens
s/James E. Stevens
APPLICANT
Rochester Ridge, L.L.C.
s/Jesse J. Allen
PC -82870
r i
�:rinrlir, �
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4434 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
June, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 29, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011.
Julie -K. Voparil
Deputy City Clerk
x..11, -t-k L 3L - k"1 _.)� ZLV_ `z*_ .
Printer's Fee $ fti 3409
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I_
time(s), on the following date(s):
Subscribed and sworn to
before me this eal?f`day of
„gyp A.D. 20 1
Notary Public
UNDAMIM
�.
oar � 2014
OFFICIAL PUBLICATION
OFFICAAI- PUEII ICAf10N
OFFICIAL PUBLICATION
ORDINANCE NO. 11-4434
N ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET
WVNED BY THE PRESS - CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC
2 -1). (REZ11- 00000)
WHEREAS, the North Dodge Partners, L.L.C. is the legal title holder of the property located at 1725 N. Dodge Street; and
WHEREAS, Iowa City School District is in the process of purchasing the subject property and intends to use the property for
is central administrative office, School Board meeting location, food service area and other uses related to the School District; and
WHEREAS, Section 14- 2F -1B(1) of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and
ther civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses
vill be designated as P -1, Neighborhood Public Zones; and
WHEREAS, the applicants, North Dodge Partners, L.L.C. and Iowa City School District, have requested a rezoning of the
subject property from Research Development Park (RDP) to Neighborhood Public (P -1); and
WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that
development in the area maintain and enhance the area's appearance; and
WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural
)eauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife
iabitats, natural terrain, and future green space; and
WHEREAS, the subject property contains steep, critical, and protected slopes; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that, with appropriate
:onditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the
requested zoning complies with the Comprehensive Plan;
WHEREAS, Iowa Code §414.5 (2011) 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, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL, Property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof
recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, is hereby reclassified from its current zoning designation of
Research Development Park (RDP) to Neighborhood Public (P -1).
SECTION II CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk
attest, the Conditional Zoning Agreement between the property owner, the applicants, and the City, following passage and approval
of this Ordinance.
SECTION III ZONING MAI? 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 IV CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clark 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 City'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 SEVEBA.BILTY. 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 EFFEGTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided
by law.
Passed and approved this 21 at day of June, 2011.
s/ Matthew J. Hayek, Mayor
s/Marian K. Karr, City Clerk
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City Iowa, a municipal corporation (here inafter "City'), North Dodge Partners,
LLC (hereinafter "Owner "), and Iowa City Community School District (hereinafter "Applicant").
at 1725 N. Dodge Street; and
WHEREAS, Owner is the legal title holder of approximately 10.39 acres of property located
WHEREAS, the Owner and Applicant have requested the rezoning of said property from Research Development Park (RDP) to
Neighborhood Public Zone (P -1); and
WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that
development in the area maintain and enhance the area's appearance.
WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural
beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife
habitats, natural terrain, and future green space.
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding preserving the site's
environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) 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
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
OFFICIAL PUBLICATION
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development
of the property is consistent with the Comprehensive Plan and Sensitive Areas Ordinance, and the need for neighborhood compatibility,
protection of natural slopes, and the enhancement of the Dodge Street Corridor as an entryway into the city; and
WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. North Dodge Partners, LLC is the legal title holder of the property legally described as Lot 1, Press- Citizen Addition, Iowa
City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive
Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs
caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject
property will conform to all other requirements of the zoning chapter, as well as the following conditions:
a. Any exterior additions to or redevelopment of the existing building will be contained within the area identified as
"APPROXIMATE AREA OF PHASE II LANDSCAPING BY BLDG. CONTRACTOR" on page C8 of the Site Development
Plan for the Iowa City Press - Citizen Office and Production Facility, Iowa City 1989, attached hereto as Exhibit A and
incorporated herein by this reference.
b. Any future development will be reviewed for general compliance with the Landscape Plan shown on Exhibit A.
c. Any future site plan will be sensitive to the site's steep, critical, and protected slopes, with protected slopes preserved
and buffered as required by the Sensitive Areas Ordinance.
4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose
on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested
zoning change.
5. The Owner and Applicant and City acknowledge that 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. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land
and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of
record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives,
and assigns of the parties.
7. The Owner and Applicant acknowledge that 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. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the
subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson
County Recorder's Office at the Applicant's expense.
Dated this 21st day of June, 2011.
CITY OF IOWA CITY
s/ Matthew J. Hayek, Mayor
Attest: Marian K. Karr, City Clerk
Owner: North Dodge Partners, LLC «.
s /Kevin Digmann, Manager " +
Applicant:
Iowa City Community School District
s/Patti Fields, Board President �0
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-aawR.
' l 1
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 3S6 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4435 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
June, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 29, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011.
Ju K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.II.D #42- 0330670
I, R or, F_ Z. 5
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I_
time(s), on the following date(s):
Legal Cl
Subscribed and sworn to
beforee this '�Iay of
�G A.D. 201 /
Notary Public
*Cw"vn"mmimon LINDAMIM
Nwi dw 73261
My Canlna! �t
OFFICIAL PUBLICATION
14) �,�
ORDINANCE NO. 11 -4435
ORDINANCE AMENDING TITLE 8, ENTITLED "PUBLIC HEALTH
AND SAFETY, CHAPTER 4, ENTITLED, -NOISE CONTROL," AND
TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTERS 1 AND 5, TO ESTABLISH A PERMIT
SYSTEM FOR AMPLIFIED SOUND ON CITY PLAZA, TO ESTABLISH A
PERMIT SYSTEM FOR INFORMATION TABLES ON CITY PLAZA, AND
TO ALLOW CERTAIN PUBLIC ASSEMBLY /PARADE PERMITTEES TO
SELL GOODS AND SERVICES AND USE AMPLIFIED SOUND.
WHEREAS, regulating the public right -of -way by commercial businesses
ensures the safe movement of pedestrians and fair commercial use of the
right -of -way;
WHEREAS, limiting commercial activity on City Plaza supports the
downtown merchants and enhances the economic vitality of the
downtown;
WHEREAS, limitations on selling goods and services and placing tables
on City Plaza should be consistent with the limitations on soliciting, a/k/a
panhandling;
WHEREAS, limiting amplified sound to Black Hawk Mini Park and the
stage south of the fountain eliminates the need for electrical cords to be
placed on City Plaza and enhances the free flow of pedestrian traffic; and
WHEREAS, it is in the City's interest to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CITY, IOWA:
SECTION 1. AMENDMENTS,
1. Title 10, entitled "Public Ways and Property," Chapter 1, entitled
"Parades and Public Assemblies," Section 2, entitled "Permit and
Compliance Required," is hereby amended by adding the following new
Subsections E and F as follows:
E' No parade or public assembly permittee may sell a good or a service
unless the event: a) reasonably expects to draw more than 500 persons
or occupy a substantial area within City Plaza or a similar area within
the downtown; and b) is a community -wide attraction that supports the
economic vitality of the downtown. Downtown is defined in section 8 -5 -2
of this code.
F No parade or public assembly permittee may use amplified sound
unless it either meets the criteria set forth in Subsection E above or a
business located in the downtown obtains a permit for musicians to
perform on the sidewalk in front of the business. Amplified sound is
defined in section 6 -4 -2 of this code.
2. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City
Plaza," Section 7, entitled "Use of City Plaza," is hereby amended by
adding the following new Subsections H and I:
H. The City Manager or designee is authorized to issue a permit for
amplified sound, as defined in section 6 -4 -2 of this code, on City Plaza
subject-to the fohowing conditions:
1. Use is limited to 12:00 p.m. to 1:00 p.m. and 5:00 p.m. to 9:30
p.m. on Mondays through Fridays and 10:00 a.m. to 9:30 p.m. on
Saturdays and Sundays;
2. The location is limited to Black Hawk Mini Park and the stage
south of the fountain;
3. No sale, transfer, or assignment of the amplified sound permit is
allowed without written consent of the City;
4. No sign or advertisement is allowed except for a sign identifying
the permittee;
5. The City Manager or designee shall grant the permit if the applicant
has fully completed the application. If the permit is denied, the City
Manager or designee shall state the reasons therefore within three (3)
working days of the application being filed.
6. The City Manager or designee may revoke the permit if:
a. It is determined that the permittee has misstated any material fact
in the application;
b. 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; or
c. The permittee is operating in violation of the terms and conditions
of the permit or local, state, or federal law.
7. The process for appeals of a denial or revocation of the permit
shall be the same as for a parade /public assembly permit.
I. No person shall use amplified sound in City Plaza except as authorized
in this Title.
3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City
Plaza," Section 8, entitled "City Plaza Use Permits," is hereby amended
by adding the following new Subsection D:
The City Manager or designee is authorized to grant a permit for the
placement of an information table in City Plaza subject to the following
conditions: .
1. The location is limited to an area demarcated by the City Manager
adjacent to the planter on the eastern edge of Black Hawk Mini Park
and adjacent to the outdoor service area of 210 S. Dubuque Street.
2. The size of the table shall not exceed three feet (3') by three feet
(3').
3. Soliciting as defined in section 8 -5 -2 of this code is prohibited.
4. The purpose of the table is limited to providing non - commercial
information to the general public. Information containing commercial
and non - commercial information is allowed if the commercial
information is characteristically intertwined with non - commercial
information. Non - commercial information is information that is
of public concern or that conveys political, social, religious, or
philosophical messages. Commercial information is information
proposing the exchange of goods or services for money or other
consideration.
5. Commercial activity is prohibited.
6. Goods or services cannot be provided or demonstrated. Collection
of signatures incident to provision of information, including but not
limited to gathering signatures for a petition or registering persons to
vote, shall not be considered a service.
7. The City Manager or designee shall grant the permit if the applicant
has fully completed the application. If the permit is denied, the City
Manager or designee shall state the reasons therefore within three (3)
working days of the application being filed.
8. The City Manager or designee, or the City Council if issued
following an appeal, may revoke a permit if:
a. It is determined that the permittee has misstated any material fact
in the application;
b. 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; or
c. The permittee is operating in violation of the terms and conditions
of the permit or local, state, or federal law.
9. The process for appeals of a denial or revocation of the permit
shall be the same as for a parade /public assembly permit.
4. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City
Plaza," Section 2, entitled "Definitions," is hereby amended by adding the
following new definition:
Commercial: The exchange of goods or services for money or other
consideration.
5. Title 6, entitled "Public Health and Safety," Chapter 4, entitled
"Noise Control," Section 5, entitled "Exceptions to Provisions," is hereby
amended by adding a new Subsection N as follows:
Any person emitting sound pursuant to a permit underTitle 10 of this code.
SECTION ll. REPEALER. All ordinances and parts of ordinances in
conflict with the provision of this Ordinance are hereby repealed.
SECTION III PENALTIES FOR VIOLATION. The violation of any
provision of this ordinance is a municipal infraction or a simple
misdemeanor.
SECTION IVV, SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V EFFECTIVE DATE This Ordinance shall be in effect after
its final passage, approval and publication, as provided by law.
Passed and approved this 21 st day of June, 2011.
s/Matthew J. Hayek
Attest: s/Marian K. Karr, City Clerk
July 29, 2011
PCG M75
I r i
�III�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4436 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of
June, 2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on June 29, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011.
Ju 1 Voparil J
Deputy City Clerk
Printer's Fee $-{ -90
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, R 66dig 5u.) AV--17—
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
-r'14 A19 2-A, ,2ot
Legal Cler
Subscribed and sworn to
before e this cP-90tl day of
A.D. 20 1
c LNKM
(r,OSlrtlllown Nunft 7=
imusly 27.2M
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4436
AN ORDINANCE AMENDING
TITLE 8, POLICE REGULATIONS,
CHAPTER 5, MISCELLANEOUS
OFFENSES, TO ADD A NEW
SECTION 12, ENTITLED
"FIREWORKS."
WHEREAS, the City presently
prohibits most use of fireworks,
but only through adoption of, and
amendment to, the International
Fire Code; and
WHEREAS, the Iowa City Police
Department wishes to have a
stand -alone ordinance; and
WHEREAS, the City desires to
encourage fire safety and abate
nuisances by controlling the use
and possession of fireworks; and
WHEREAS, the City finds that
this ordinance is necessary to
preserve the public health, safety,
and welfare by specifying certain
regulations and requirements for
the use, possession, sale and
display of fireworks in the City of
Iowa City; and
WHEREAS, it is in the best
interest of the City to adopt this
amendment.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY:
8-Z-12: FIREWORKS:
A. Definition: The term
"fireworks" includes any
explosive composition, or
combination of explosive
substances, or article prepared
for the purpose of producing
a visible or audible effect
by combustion, explosion,
deflagration, or detonation, and
includes, but is not limited to,
blank cartridges, firecrackers,
torpedoes, skyrockets, roman
candles, or other products of
like construction and fireworks
containing any explosive or
flammable compound, or
other device containing any
explosive substance. The term
"fireworks" does not include
goldstar- producing sparklers
on wires which contain no
magnesium or chlorate or
perchlorate, flitter sparklers
in paper tubes that do not
exceed one - eighth of an inch
in diameter, toy snakes which
contain no mercury, or caps
used in cap pistols.
B. Prohibitions: It shall be
unlawful for any person, firm,
partnership, or corporation to
possess, store, offer for sale,
expose for sale, sell as retail,
or use or explode any fireworks
within the corporate limits of
the City of Iowa City.
C. Exception: Nothing
in this section shall be
construed to prohibit any
resident wholesaler, dealer,
manufacturer, or jobber to sell
at wholesale such fireworks
as are not prohibited in this
article or the sale of any kind
of fireworks; provided the
fireworks are to be shipped
directly out of state, or the sale
or use of blank cartridges for a
show or the theater, or for signal
purposes in athletic sports or
by railroads or trucks, for signal
purposes, or by a recognized
military organization, or for use
in military funerals. Provided
further, this section does not
apply to any substance or
composition prepared and sold
for medicinal or fumigation
purposes.
D. Permit: Subsection 8.5.12(B)
shall not apply to any fair
associations, amusement
parks, and other organizations
or groups of individuals who
have applied in writing and have
received written permission for
the display of fireworks from
the Fire Marshal of the City of
Iowa City when the fireworks
display will be handled by a
competent operator. Sales of
fireworks for such display may
be made for that purpose only.
E. Seizure of fireworks: The
code official or authorized
official shall seize, take, remove
or cause to be removed at
the expense of the owner all
fireworks possessed, stored,
offered for sale, exposed for
sale, sold as retail, or held in
violation of this section.
F. Penalty: Any person, firm,
partnership or corporation
found in violation of the
provisions of this section
shall be guilty of a simple
misdemeanor. Each day that a
violation is allowed to continue
shall constitute a separate and
distinct violation.
SECTION II REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If
any section, provision or part of
the Ordinance shall be adjudged
to be invalid or unconstitutional,
such adjudication shall not affect
the validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
This Ordinance shall be effective
upon publication.
Passed and approved this 21st
day of June, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
Clerk
PC.M76
I l t
►III
-all
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4437 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of July,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on July 14, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011.
j Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
mar
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal ,�
Subscribed and sworn to
before me this ) L94``day of
A.D. 20 11
LINDA KROTA
My Comm" 1 i,
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4437
AN ORDINANCE AMENDING
CITY CODE TITLE 14, CHAPTER
4, ENTITLED USE REGULATIONS,
ARTICLE D, TEMPORARY USES,
ADDING PROVISIONS TO
ALLOW FOOTBALL GAME DAY
COMMERCIAL USES AS A
TEMPORARY USE ALONG
MELROSE AVENUE AND
AMENDING CHAPTER 9,
ENTITLED DEFINITIONS, TO
ADD THE DEFINITION OF
TAILGATING.
WHEREAS, it is deemed that, with
appropriate permit approval
criteria, football game day
temporary commercial uses should
be allowed along Melrose Avenue
on Iowa home football game days;
and
WHEREAS, the Planning and
Zoning Commission has
recommended amending the
zoning code to allow for football
game day temporary commercial
uses along Melrose Avenue; and
WHEREAS, it is in the public
interest to allow short-term
temporary commercial uses along
Melrose Avenue on Iowa football
game days and establish
regulations thereof.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Article
D: City Code Title 14; Chapter 4 is
hereby amended as follows:
a.) 14 -4113-2 Temporary Uses
Allowed. Amend the Iowa City
Zoning Code Title 14- 4 -D -2,
Temporary Uses Allowed, to
add the temporary use:
L. Football Game Day
Commercial Use
b.) 14 -4113-3 Permit Required.
Amend the Iowa City Zoning
Code Title 14 -4D -3, Permit
Required, by deleting the
existing paragraph in its entirety
and replacing it with the
following:
A temporary use permit is
required for all temporary uses
listed in subsection B, above,
unless specifically exempted.
Tailgating and tailgate parking
held on home Iowa football
game days do not require a
Temporary Use Permit.
Procedures for obtaining a
permit are contained in Article
14 -88 of this Title,
Administrative Approval
Procedures.
c.) 14 -4113-4 Approval Criteria.
Amend the Iowa City Zoning
Code Title 14 -4D -4 to add
additional approval criteria for
football game day commercial
vending.
H. Football Game Day
Commercial Use
1. Display permit. Vendors
must prominently display the
permit and it must be clearly
viewable from the public
right -of -way.
2. Assignment and use by
others. A vendor may not
assign its space /permit to
any other vendors.
3. Location. Vendors are only
allowed to locate along the
Melrose Avenue street
frontage between the Iowa
Interstate Railway right -of-
way and Melrose Circle.
4. Setupf%ardown. Vendors
are not allowed to set up
before 10:00 a.m. the day
before game day and must
tear down /remove all
equipment and materials
after each game.
5. Clean -up responsibility. All
vendors must keep any area
where they vend litter -free
and shall remove litter from
any adjacent public property/
right -of -way. Vendors shall
provide a trash container with
unfilled capacity at all times.
Vendors with liquid waste (oil,
grease, grey water, etc.) must
provide disposal units for the
waste. Commercial liquid
waste shall not be placed in
gutters, port-a -johns or on
the ground.
6. No blocking of sidewalk/
right -of -way. No vendor shall
block or obstruct the free
movement of pedestrians or
vehicles on a sidewalk, street,
or other public right -of -way.
Tents/stands must be set
back at least 2 feet from the
back edge of public
sidewalks.
7. Signage. Vendor signage is
only allowed on the vendor's
stand /vehicle/tent and is not
allowed on utility poles
across the public sidewalk,
on buildings or as yard signs.
No electrically lit signs will be
allowed.
8. Sales tax permit. Each
vendor whose sales are
subject to sales tax must
provide a copy of their sales
tax permit.
9. Insurance/indemnification.
All vendors must provide to
the City evidence of
comprehensive general
liability insurance of $500,000
per occurrence and
$1,000,000 aggregate and
must indemnify the City
against all damages that may
result from the vendor's
permitted temporary
commercial use and/or the
vendor's use of the public
right -of -way.
10. Fire extinguishers. All
vendors must provide at least
one five pound, 2A 10 BC
extinguisher that is functional
and accessible at all times.
11. Health permits. All food
vendors must secure
necessary health permits
from the Johnson County
Department of Health and
prominently display the
permit so it is clearly viewable
from the public right -of -way.
12. Cooking tents. All tents
used for cooking (regardless
of size) must 4p approved by
the Fire Code /Building
Official. Cookjng "tents will be
required to be separated from
other tents, parked vehicles
and lot lines. LP containers
exceeding 96 pounds require
approval from the Fire Code/
Building Official.
13. Tent size. All tents and
membrane structures having
an area in excess of 400
square feet shall not be
erected or operated for any
purpose without first
obtaining approval from the
Fire Code /Building Official.
14. Alcohol. No alcohol is
allowed to be sold, dispensed
or otherwise made available
to the public in conjunction
with any temporary
commercial use.
15. Utility Location. Any tents
and membrane structures
using stakes or similar ground
attachments must call the
City for utility location at least
24 hours before setup.
Vendors must comply with
"one- call" utility location
requirements.
16. Violation of these
provisions. Any violation of
the temporary use permit
conditions will result in a civil
citation and loss of the
temporary commercial use
permit for a minimum of
seven home games. The City
also reserves the right to
deny a temporary use permit
for the same location for a
minimum of seven home
games
Article A: City Code Title 14,
Chapter 9 is hereby amended as
follows.
a.) 14 -9A Definitions. Amend
the Iowa City Zoning Code Title
14 -9A, Definitions, to add the
definition of "tailgating ".
Tailgating: A home football game
day informal social gathering that
is non - commercial and may
include eating and drinking
beverages (alcoholic or non-
alcoholic) as part of the activities.
Temporary parking on unimproved
surfaces located on private
property is allowed during tailgate
events. No alcohol is sold at a
tailgate, nor is any admission fee
charged, goods sold or given
away, nor services provided for a
fee.
SECTION III. RFpE ?LER. All
ordinances and parts of ordinances
in conflict with the provisions 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.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 5th day
of July, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC-W5M July 14, 2011
► r i
III- Ilk,
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4438 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of July,
2011, all as the same appears of record in my office and published in the Iowa City Press -
Citizen on July 14, 2011.
Dated at Iowa City, Iowa, this 8th day of August 2011. \ \
Ju . Voparil
Deputy City Clerk
Printer's Fee $ Z -4. 03
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
4 &a !Ezm"
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _J_
time(s), on the following date(s):
_TM L T
Legal Cl r
Subscribed and sworn to
before me this 14''li" day of
A.D. 20—U_.
Notary Public
LINDA MM
Commission Number 732619,
• � MY Commission EVOO .I
a„ jan„ary Z7 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4438
AN ORDINANCE AMENDING
CITY CODE TITLE 16, CHAPTER
3, CONNECTION TO
DISTRIBUTION MAIN, ARTICLE
C, SECTION 3.
WHEREAS, the Water Division
recommends amending the City
Ordinance - Section 16 -3C -3 to
address water service maintenance
and shutoff issues to multi - family
units with only one stop box and
multiple meters and to allow more
flexibility for the owner with regard
to the billing for existing multi-
family units with no common utility
space; and
WHEREAS, any agreements
entered into between the Public
Works Director and owners of
existing multi - family units without a
common utility space should
address access, liability and billing
concerns.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT.
Amend Iowa City code of
Ordinance 16 -3C -3 "Connection to
Distribution Water Main"
accordingly:
1. Delete 16- 3C- 3(B)(5)(b) in its
entirety and replace with the
following:
b. If an existing building is
modified to provide two (2) or
more dual purpose water
meters and is served by only
one service line and one outside
stop box, the account holder
shall provide a common utility
space with outside access.
2. Add the following subsection to
16- 3C- 3(B)(5):
c. For those buildings so
modified between January 30,
1996 and July 1, 2011, where
no common utility space with
outside access is available, the
account(s) attributable to the
stop box shall be placed in the
property owner's name, unless
otherwise agreed upon in
writing by tole Public Works
Director.
SECTION' III. REPEALER. All
ordinances and parts of ordinances
in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 5th
day of July, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City
Clerk
PC-83539 July 14, 2011
I
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�ftA,w ®1I
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 3S6 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4439 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
August, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on August 11, 2011.
Dated at Iowa City, Iowa, this 8th day of September 2011.
JUA4 K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, 9 GHQ _5_w A*nrZ
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
AVI elf 11, 2.01
(4 Air
Legal Cle
Subscribed and sworn to
be ore me this _tlL"' day of
A.D. 20 11
l A
N
,i
MY�20'
ORDINANCE NO. 11 -4439
AN ORDINANCE
CONDITIONALLY REZONING
APPROXIMATLEY 0.68 ACRES
OF PROPERTY LOCATED AT
1014, 1016, AND 1022 HUDSON
AVENUE FROM MEDIUM
DENSITY SINGLE FAMILY (RS -8)
ZONE TO COMMUNITY
COMMERCIAL (CC -2) ZONE.
(REZ11- 00008)
WHEREAS, Renshaw Limited
Partnership is the legal title holder of
property located at 1022 Hudson
Avenue, Iowa City, Iowa and Shirken
LLC is the legal title holder of prop-
erty located at 1014 and 1016
Hudson Avenue, Iowa City, Iowa;
and
WHEREAS, Ranshaw Limited
Partnership has requested a rezon-
ing of these properties from Medium
Density Single Family (RS -8) zone to
Community Commercial (CC -2)
zone; and
WHEREAS, the Comprehensive
Plan indicates that the area is appro-
priate for general commercial uses;
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 neighborhood compatibili-
ty, prevention of commercial traffic
in the residential neighborhood, and
screening between commercial and
residential uses; and
WHEREAS, Iowa Code §414.5
(2011) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
WHEREAS, Ranshaw Limited
Partnership and Shirken LLC (col-
lectively "the owners ") have agreed
that the properties shall be devel-
oped 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 RS -8 to CC -2:
LOT 16, 17,18, AND 10 OF BAILEY
AND BECK'S ADDITION, IOWA
CITY, JOHNSON COUNTY, IOWA,
IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN
PLAT BOOK 3, AT PAGE 161, IN
THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE,
EXCEPTING THEREFROM, ALL
THAT PART OF SAID LOT 19
LYING SOUTHERLY OF A LINE
BEGINNING AT A POINT
N2°38.5'W, 5.1 FT FROM THE SE
CORNER OF SAID LOT 19, ON
THE EAST LINE THERE OF;
THENCE S88 °33.75'W, 124.5 FT;
THENCE N32 °53.5W, 23.2 FT TO A
POINT N3 °09.5'W, 20.6 FT FROM
THE SW CORNER OF SAID LOT
19, ON THE WEST LINE THEREOF.
SAID RESULTANT TRACT OF
LAND CONTAINS 0.69 ACRES
AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS OF
RECORD.
SECTION 11, 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 pub-
lication 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 Renshaw
Limited Partnership's expense, upon
the final passage, approval and pub-
lication of this ordinance, as provid-
ed by law.
SECTION V. REPEArFR. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION A. SEVE ABILITY. 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 2nd day
of August, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
CONDITIONAL ZONING
AGREEMENT
THIS AGREEMENT is made by and
among the City of Iowa City, Iowa, a
municipal corporation (hereinafter
"City ") and Ranshaw Limited
Partnership and Shirken LLC (here-
inafter collectively "Owners ").
WHEREAS, Ranshaw Limited
Partnership is the legal title holder of
property located at 1022 Hudson
Avenue, Iowa City, Iowa; and
WHEREAS, Shirken LLC is the the
legal title holderof property located
at 1014 and 1016 Hudson Avenue,
Iowa City Iowa; and
WHEREAS, the Owners have
requested the rezoning of said prop-
erties from Medium Density Single
Family (RS -8) to Community
Commercial (CC -2) zone; and
WHEREAS, the Planning and
Zoning Commission has determined
that, with appropriate conditions
regarding the need for neighbor-
hood compatibility, prevention of
commercial traffic in the residential
neighborhood, and screening
between commercial and residental
uses, the requested zoning is con-
sistent with the Comprehensive
Plan; and
WHEREAS, Iowa Code §414.5
(2011) provides that the City of Iowa
City may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and above
existing regulations, in order to sat-
isfy public needs caused by the
requested change; and
e Owners acknowl-
edge that certain conditions and
restrictions are reasonable to ensure
the development of these properties
is consistent with the Comprehensive
Plan and the need for neighborhood
compatibility, prevention of com-
mercial traffic in the residential
neighborhood, and screening
between commercial and residential
uses; and
WHEREAS, the Owners agree to
develop these properties in accor-
dance with the terms and conditions
of a Conditional Zoning Agreement.
NOW, THEREFORE, in consider-
ation of the mutual promises con-
tained herein, the parties agree as
follows:
1. Ranshaw Limited Partnership
and Shirken LLC collectively are
the legal title holders of the
property legally described as:
LOT 16, 17, 18, AND 10 OF
BAILEY AND BECK'S
ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT
BOOK 3, AT PAGE 161, IN THE
RECORDS OF THE JOHNSON
COUNTY RECORDER'S
OFFICE, EXCEPTING THERE-
FROM, ALL THAT PART OF
SAID LOT 19 LYING SOUTHER-
LY OF A LINE BEGINNING AT A
POINT N2°38.5'W, 5.1 FT FROM
THE SE CORNER OF SAID LOT
19, ON THE EAST LINE THERE
OF; THENCE S88 °33.75'W,
124.5 FT.; THENCE N32 °53.5W,
23.2 FT TO A POINT NW09.51W,
20.6 FT FROM THE SW
CORNER OF SAID LOT 19, ON
THE WEST LINE THEREOF.
SAID RESULTANT TRACT OF
LAND CONTAINS 0.69 ACRES
AND IS SUBJECT TO EASE-
MENTS AND RESTRICTIONS
OF RECORD.
2. The Owners acknowledges that
the City wishes to ensure con-
formance to the principles of the
Comprehensive Plan and the
Southwest district plan. Further,
the parties acknowledge that
Iowa Code §414.5 (2011) pro-
vides that the City of Iowa City
may impose reasonable condi-
tions on granting an applicant's
rezoning request, over and
above the existing regulations,
in order to satisfy public needs
caused by the requested
change.
3. In consideration of the City's
rezoning the subject property,
Owners agree that development
of the subject property will con-
form to all other requirements of
the zoning chapter, as well as
the following conditions:
a. No curb cut shall be allowed on
to Hudson Avenue;
b. The building design and site
plan shall be approved by the
Staff Design Review Coitihrittee
to ensure compatibility with the
neighborhood and the following
criteria:
- A vegetative screen shall be
planted along the northern
boundary to the residential zone
to complement the building
design and soften the appear-
ance of the northern elevation of
any commercial building with use
of ornamental or evergreen trees;
- The north elevation of the com-
mercial building shall be a more
decorative wall than the wall of
the adjacent existing strip com-
mercial building, with use of such
materials as a decorative mason-
ry finish or a pattern within the
masonry;
- The Hudson Avenue elevation
shall not be a blank wall, but
rather shall have a more pedes-
trian- scaled building fagade with
features such as windows,
awnings, and bike and pedestri-
an access;
- The storefront design shall incor-
porate the use of traditional
building materials such as brick
or wood.
4. The Owners and City acknowl-
edge that the conditions con-
tained herein are reasonable
conditions to impose on the
land under Iowa Code §414.5
(2011), and that said conditions
satisfy public needs that are
caused by the requested zoning
change.
5. The Owners and City acknowl-
edge that in the event the sub-
ject property is transferred, sold,
redeveloped, or subdivided, all
redevelopment will conform with
the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that
this Conditional Zoning
Agreement shall be deemed to
be a covenant running with the
land and with title to the land,
and shall remain in full force and
effect as a covenant with title to
the land, unless or until released
of record by the City of Iowa
City.
The parties further acknowledge
that this agreement shall inure to
the benefit of and bind all succes-
sors, representatives, and assigns
of the parties.
7. The Owners acknowledge that
nothing in this Conditional
Zoning Agreement shall be con-
strued to relieve the Owners or
Applicant from complying with
all other applicable local, state,
and federal regulations.
8. The parties agree that this
Conditional Zoning Agreement
shall be incorporated by refer-
ence 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 2nd day of August, 2011.
CITY OF IOWA CITY
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
By:s /Kurt Renshaw RLP
s /Shirley Ranshaw - Shirken
LLC
RANSHAW LIMITED PARTNERSHIP
By: s/Kurtis Ranshaw, Partner
August 11, 2011
' r i
:In i
ARM
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4440 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
August, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on August 11, 2011.
Dated at Iowa City, Iowa, this 8th day of September 2011.
Ju ' K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, eacg g,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
oil
Legal Cler
Subscribed and sworn to
Mbef e me this r, day of
A.D. 20�.
Notar Public
lWMKROn
� � I�nnlliafeion Numbs 73261
MyCmeiWanEXOM
jW*M 27,20141
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4440
ORDINANCE AMENDING
TITLE 3, ENTITLED "FINANCES,
TAXATION AND FEES" AND
TITLE 9, ENTITLED "MOTOR
VEHICLES AND TRAFFIC' OF
THE IOWA CITY CODE OF
ORDINANCES TO ESTABLISH
DOWNTOWN MOPED PARKING
PERMIT REQUIREMENTS
AND FEES
WHEREAS, residents and visitors
enjoy the pedestrian friendly
streetscape of downtown Iowa
City; and
WHEREAS, mopeds and scooters
parked on sidewalks reduce
pedestrian safety and access to
bike racks; and
WHEREAS, the University of Iowa
issues motorcycle and moped
parking permits for designated
parking areas; and
WHEREAS, the City Council
wishes to facilitate parking for fuel
efficient vehicles, such as bicycles,
mopeds, and motorcycles; and
WHEREAS, mopeds are the only
motorized vehicle currently not
required to pay for parking in
downtown Iowa City;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENTS.
1. Amend Section 3 -4 -8 of the
Iowa City Code of Ordinances by
inserting the following language
after the "Surface lot fees ":
Permit for Designated Moped and
Motorcycle Spaces:
Annual permit: $45.
2. Amend City Code Section 9 -4 -1 of
the Iowa City Code of Ordinances
by adding the following:
20. In a bike rack, unless
specifically authorized by the City
Manager pursuant to 9- 8 -4(B).
3. Amend Section 9- 5 -4(F) of the
Iowa City Code of Ordinances
by deleting the section in
its entirety and replacing it
with the following language:
Permit Lots and Spaces: A
parking permit system for
city lots and parking spaces
designated for permit parking
is hereby established for
designation by the city manager
or designee. The duration
and fee for permits shall be as
provided in the schedule of fees,
title 3, chapter 4 of this code.
The permit holder is entitled to
park in the city parking lot or
parking space designated for
such purpose, and the permit
shall be issued by the city
manager or designee. No driver
or owner other than a permit
holder shall stop, stand or park
any motor vehicle in any area
in the city owned lot or parking
spaces designated by such
signs or other markers for the
exclusive use of permit holders.
4. Amend Section 9- 8 -4(A) of the
Iowa City Code of Ordinances
by deleting the section in
its entirety and replacing
with the following language:
No person shall drive a motor
vehicle in a bicycle path, lane
or parking area or park any
motor vehicles in such a path,
lane or parking area. Motorized
bicycles, motor bicycles and
mopeds are prohibited from
parking in bicycle parking areas,
except as otherwise allowed
pursuant to Paragraph B below.
F�,CJJON 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
January 1, 2012.
Passed and approved this 2nd day
of August, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC4"9 August 11, 2011
� r
iIII
4 441
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4441 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of
August, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on August 11, 2011.
Dated at Iowa City, Iowa, this 8th day of September 2011.
Voparil J
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _ I
time(s), on the following date(s):
sm•� L_ -- v
=�F
v
Subscribed,and sworn to
b ore me this I I' day of
A.D. 20 1
IRN> awn�ion Number
my Commis910f1 E]
ORDINANCE NO. 11 -4441
AN ORDINANCE AMENDING
SECTION 1 -9 -3B OF THE CODE
OF ORDINANCES OF IOWA CITY,
IOWA, ESTABLISHING THE
BOUNDARIES OF THE VOTING
PRECINCTS IN IOWA CITY; AND
SECTION 1 -5 -1 OF THE CODE OF
ORDINANCES OF IOWA CITY,
IOWA, ESTABLISHING THE
VOTING PRECINCTS THAT
COMPRISE THE THREE CITY
COUNCIL DISTRICTS IN IOWA
CITY.
SECTION I. PURPOSE. The pur-
pose of this amendment is to
revise the voting precincts in Iowa
City to reflect changes in popula-
tion exhibited in the 2010 decen-
nial census and to reflect changes
as results of the reprecincting pro-
cess.
SECTION II. AMENDMENT.
1. Section 1 -9 -36 of the Code of
Ordinances is hereby amended by
deleting said section and replacing
it with the following:
SECTION 1 -9 -3B. Boundaries of
Precincts
The area encompassed within the
voting precincts shall be indicated
as follows:
Precinct 1: Beginning at the inter-
section of 1st Avenue and Court
Street; east on Court Street to
Friendship Street; north on
Friendship Street to Washington
Street; east on Washington Street
to Scott Boulevard; north along
Scott Boulevard to Rochester
Avenue; west on Rochester Avenue
to Post Road; south on Post Road
to Princeton Road; northwest
along Princeton Road to 1st
Avenue; south along 1 st Avenue to
the point of beginning.
Precinct 2: Beginning at the inter-
section of Sunset and Benton
Streets; west on Benton Street to
Emerald Street; north on Emerald
Street to Melrose Avenue; starting
in an easterly direction along
Melrose Avenue and continuing
along the corporate limits of
University Heights to the Iowa
Interstate Railway tracks; west on
the railroad tracks to Mormon Trek
Boulevard; south on Mormon Trek
Boulevard to Melrose Avenue; east
on Melrose Avenue to Westgate
Street; south on Westgate Street to
Keswick Drive; along Keswick
Drive to the intersection with
Benton Street; east on Benton
Street to Teg Drive; south on Tag
Drive and continuing east along
Aber Avenue to Sunset Street;
Sunset Street to Ashley Drive;
along Ashley Drive to Wylde Green
.Road; along Wylde Green Road to
Edingale Drive; along Edingale
Drive to Weeber Street; north on
Weeber Street to Benton Street;
east on Benton Street to Oaknoll
Drive; north on Oaknoll Drive to
Oakcrest Street; west on Oakcrest
Street to George Street; north on
George Street to the corporate
limits of University Heights and
continuing westerly along said cor-
porate limits to the point of begin-
ning.
Precinct 3: Beginning at the inter-
section of the Iowa Interstate
Railway tracks and Mormon Trek
Boulevard; northeast on Mormon
Trek Boulevard to Highway 6; east
on Highway 6 to Iowa Avenue; east
on Iowa Avenue to the Iowa River;
south along the Iowa River to the
Iowa Interstate Railway bridge;
then west along the railroad tracks
to the point of beginninq.
\1444k
Precinct 4: Beginning at the inter-
section of Newton Road and
Riverside Drive; west on Riverside
Drive and Highway 6 to the Iowa
City Corporate Limits; north along
the corporate limits to the Iowa
River; proceeding west and north
along the Iowa River to a point
where the river intersects with the
extended N boundary line of lot
108 of Peninsula Neighborhood
Phase 2A; southeasterly to Walker
Circle and continuing along Foster
Road to Dubuque Street; south on
Dubuque Street to Park Road;
west on Park Road to the west
bank of the Iowa River; south along
the river to the point of beginning.
Precinct 5: Beginning at the inter-
section of Kimball Road and
Dubuque Street; south on Dubuque
Street to Market Street; west on
Market Street to Clinton Street;
south on Clinton to Iowa Avenue;
east on Iowa Avenue to Dubuque
Street; south on Dubuque Street to
College Street; east on College
Street to Linn Street; south on Linn
Street to Burlington Street; west on
Burlington Street to the Iowa River;
north along the river to Park Road;
east on Park Road to the point of
beginning.
Precinct 6: Beginning at the inter-
section of the Iowa Interstate
Railroad tracks and Scott
Boulevard; west along the tracks to
2nd Avenue; north on 2nd Avenue
to J Street; west on J Street to 3rd
Avenue; north on 3rd Avenue to 1 st
Street; west on 1 st Street to 5th
Avenue; north on 5th Avenue to F
Street; east on F Street to
Muscatine Avenue; east on
Muscatine Avenue to the Iowa City
corporate limits and continuing
along said corporate limits to the
point of beginning.
Precinct 7: Beginning at the inter-
section of Walden Road and
Mormon Trek Boulevard; north
along Mormon Trek Boulevard to
Bartelt Road; along Bartelt Road to
Roberts Road; along Roberts Road
to Westwinds Drive; north along
Westwinds Drive to Melrose
Avenue; west along Melrose
Avenue to Hawkeye Park Road;
along Hawkeye Park Road to
Mormon Trek Boulevard; north on
Mormon Trek Boulevard to the
Iowa Interstate Railway and the
Iowa City corporate limits; westerly
and continuing along said corpo-
rate limits to Melrose Avenue; east
on Melrose Avenue to Galway
Drive; along Galway Drive to
Donegal Court; southerly along
Donegal Court to Tipperary Road;
southerly along Tipperary Road to
its intersection with the NW corner
of lot 195 Galway Hills Subdivision
Part 10; along the western bound-
ary of said lot 195 to its SW corner;
easterly to the SE corner of lot 194
Galway Hills Subdivision Part 10;
southerly to Willow Creek; easterly
to the west boundary of Shannon
Drive; southerly along Shannon
Drive to Irving Avenue; northerly
and easterly along Irving Avenue to
Jensen Street; south along Jensen
Street to Walden Road; northeast-
erly along Walden Road to the
point of beginning.
Precinct 8: Beginning at the SE
corner of 1715 Mormon Trek
Boulevard where Mormon Trek
Boulevard and Hwy 218 intersect;
thence NW and continuing west
along the Iowa City corporate limits
to Melrose Avenue; east on
Melrose Avenue to Galway Drive;
along Galway Drive to Donegal
Court; southerly along Donegal
Court to Tipperary Road; southerly
along Tipperary Road to where it
intersects with the western bound-
ary of lot 195 Galway Hills
Subdivision Part 10; southerly
along said western boundary and
continuing easterly to the SE cor-
ner of lot 194 Galway Hills
Subdivision Part 10; southerly to
Willow Creek; easterly to the west
boundary of Shannon Drive; south-
erly along Shannon Drive to Irving
Avenue; northerly and easterly
along Irving Avenue to Jensen
Street; south along Jensen Street
to Walden Road; northeasterly
along Walden Road to Mormon
Trek Boulevard; south along
Mormon Trek Boulevard to the
point of beginning.
Precinct 9: Beginning at the inter-
section of Mormon Trek Boulevard
and Melrose Avenue; east on
Melrose Avenue to Westgate
Street; south on Westgate Street to
Keswick Drive; south on Keswick
Drive to Benton Street; east on
Benton Street to Keg Drive; south
along Tag Drive and Aber Avenue
to Sunset Street; south on Sunset
Street to the south right -of -way
line of Highway 1; west along the
south right -of -way line of Highway
1 to the east right -of -way line of
Highway 218 at Highway 1; cross-
ing Highway 218 and continuing
southwesterly along the south
boundary of Highway 1 to where
the Iowa City corporate limits shifts
north at Kitty Lee Road; north
along Kitty Lee Road and continu-
ing along said corporate limits to
the SE corner of 1715 Mormon
Trek Boulevard which is the inter-
section of the right -of -ways of
Mormon Trek Boulevard and
Highway 218; north along Mormon
Trek Boulevard to Bartelt Road;
along Bartelt Road to Roberts
Road; along Roberts Road to
Westwinds Drive; north along
Westwinds Drive to Melrose
Avenue; west along Melrose
Avenue to Hawkeye Park Road;
along Hawkeye Park Road to
Mormon Trek' Boulevard; south on
Mormon Trek Boulevard to the
point of beginning.
Precinct 10: Beginning at the
intersection of Highway 6 and the
Iowa River; east along Highway Six
to Boyrum Street; then south on
Boyrum Street to Southgate
Avenue; then east on Southgate
Avenue to Keokuk Street; then
south on Keokuk Street to
Sandusky Drive; then east on
Sandusky Drive to Taylor Drive;
then south on Taylor Drive to Burns
Avenue; then east on Burns
Avenue to Sycamore Street; then
south on Sycamore Street to the
Iowa City corporate limits; then fol-
lowing the Iowa City corporate
limits east, south, west, south,
west, north, west, and south to a
point on the north right -of -way of
Nursery Lane; then west along the
north right -of -way of Nursery Lane
to Sand Road; then south on Sand
Road and the Iowa City corporate
limits to the south right -of way of
Nursery Lane; then along the Iowa
City corporate limits easterly ,
south, southwest, south, north-
east, and south to the intersection
of the west right -of -way of Soccer
Park Road and the south boundary
of East Lucas Township; then west
on the East Lucas Township
boundary to the Iowa River; then in
northerly direction along the Iowa
River, following the East Lucas
Township boundary and then the
Iowa City corporate limits to the
south line of the northwest quarter
of the northwest quarter of Section
27, Township 79 N, Range 6 W;
then along the Iowa City corporate
City limits west, south, east, south,
west, north, west, north, east,
north, east, north, west, and north
to the point where the Iowa City
corporate limits crosses the
CRANDIC Railroad tracks in
Section 21, Township 79 N, Range
6 W; then continuing north along
the CRANDIC Railroad tracks to
the Iowa River; then north along
the Iowa River to the point of
beginning.
Precinct 11: Beginning at the
intersection of Burlington and
Gilbert Streets; south on Gilbert
Street to Highway 6; west on
Highway 6 to Miller Avenue; north
on Miller Avenue extended to the
Iowa Interstate Railroad; east along
the railroad to the Iowa River; north
along the river to Burlington Street;
east on Burlington Street to the
point of beginning.
Precinct 12: Beginning at the
intersection of Industrial Park Road
and Highway 6; north on Industrial
Park Road and the centerline of
Industrial Park Road extended to
the Iowa Interstate Railroad tracks;
then east on the railroad tracks to
the west line of the southeast quar-
ter of Section 19, Township 79 N,
Range 5 W; then following the Iowa
City corporate limits north, east,
south, west, south, east, south,
west, south, west, north, west,
south, and west to the north right -
of -way of Highway 6; then north-
west along the corporate limits to
the east line of Section 24,
Township 79 N, Range 6 W; then
south to the east boundary of East
Lucas Township and continuing
south along Sioux Avenue and the
East Lucas Township boundary to
Napoleon Street; then west on
Napoleon Street and the East
Lucas Township boundary to the
intersection of the west right -of-
way of Soccer Park Road and the
south boundary of East Lucas
Township; then along the west
right -of -way line of Soccer Park
Road and Iowa City corporate lim-
its north, southwest, north, north-
east, and north to the south line of
the northeast quarter of Section
35, Township 79 N, Range 6 W;
then following the Iowa City corpo-
rate limits westerly to Sand Rd;
then north along the corporate lim-
its to the north right -of -way of
Nursery Lane; then following the
Iowa City corporate limits east,
then north to the intersection of
Sycamore Street and Lehman
Avenue; then along the Iowa City
corporate limits east, south, east,
north, east, north, and west to the
intersection of Sycamore Street
and the south line of Section 23,
Township 79 N, Range 6 W; then
north on Sycamore Street to
California Avenue; then east on
California Avenue to Miami Drive;
then southwest on Miami Drive to
Nevada Avenue; then southeast on
Nevada Avenue to Lakeside Drive;
then east and north on Lakeside
Drive to Highway 6 and to the point
of beginning.
Precinct 13: Beginning at the
intersection of Benton Street and
Miller Avenue; south on Miller
444
Avenue to Highway 1; east on
Highway 1 to the Iowa River; south
on the Iowa River to the east right -
of -way line of the Crandic Railroad;
southwesterly along the Crandic
Railroad to its intersection with Old
Highway 218; southwesterly along
Old Highway 218 to its intersection
with the Iowa City corporate limits
just south of Mormon Trek
Boulevard; in a westerly direction
along said corporate limits to the
intersection of Naples Avenue and
Highway 1; north along the east
right -of -way line of Highway 1 to
its intersection with Sunset Street
extended; crossing the highway
and following Sunset Street to
Ashley Drive; along Ashley Drive to
Wylde Green Road; along Wylde
Green Road to Edingale Drive;
along Edingale Drive to Weeber
Street; along Weeber Street to
Benton Street; east on Benton
Street to Oaknoll Drive; north on
Oaknoll Drive to Oakcrest Street;
west on Oakcrest Street to George
Street; north on George Street to
the University Heights corporate
limits; following said corporate lim-
its north and east to the Iowa
Interstate Railway; southeast along
the railroad to the southern -most
corner of Brookland Park; south to
Miller Avenue and continuing along
Miller Avenue to the point of begin-
ning.
Precinct 14: Beginning at the
intersection of Highway 6 and
Sycamore Street; north on
Sycamore Street to Lower
Muscatine Road; northwest on
Lower Muscatine Road to
Kirkwood Avenue; west along
Kirkwood Avenue to Gilbert Street;
south along Gilbert Street to
Highway 6; east on Highway 6 to
Boyrum Street; south on Boyrum
Street to Southgate Avenue; east
along Southgate Avenue to Keokuk
Street; south on Keokuk Street to
Sandusky Drive; east on Sandusky
Drive to Taylor Drive; north on
Taylor Drive to Highway 6; east on
Highway 6 to Sycamore Street and
the point of beginning.
Precinct 15: Beginning at the
intersection of Burns Avenue and
Taylor Drive; north on Taylor Drive
to Highway 6; east on Highway 6 to
Sycamore Street; north on
Sycamore Street to Lower
Muscatine Road; northwest on
Lower Muscatine Road to Pine
Street; north on Pine Street to the
Iowa Interstate Railway; southeast
along the railroad to its intersection
with Industrial Park Road extend-
ed; south along Industrial Park
Road to Highway 6 and crossing
Highway 6 to Lakeside Drive; south
on Lakeside Drive to Nevada
Avenue; north on Nevada Avenue
to Miami Drive; north on Miami
Drive to California Avenue; west on
California Avenue to Sycamore
Street; south on Sycamore Street
to Burns Avenue; west on Burns
Avenue to the point of beginning.
Precinct 16: Beginning at the
intersection of Muscatine Avenue
and Scott Boulevard; north on
Scott Boulevard to Washington
Street; west on Washington Street
to Friendship Street; south on
Friendship Street to Court Street;
west on Court Street to 1 st Avenue;
south on 1 st Avenue to Friendship
Street; west on Friendship Street to
5th Avenue; south on 5th Avenue
to Muscatine Avenue; following
Muscatine Avenue east to the point
of beqinninq.
Precinct 17: Beginning at the
intersection of 5th Avenue and
Muscatine Avenue; northwest on
Muscatine Avenue to Burlington
Street; west on Burlington Street to
Governor Street; north on Governor
Street to Jefferson Street; east on
Jefferson Street to Parsons
Avenue; north on Parsons Avenue
to Rochester Avenue; east along
Rochester Avenue to 1st Avenue;
south on 1 st Avenue to Friendship
Street; west on Friendship Street to
5th Avenue; south on 5th Avenue
to the point of beginning.
Precinct 18: Beginning at the
intersection of Muscatine Avenue
and Burlington Street; west along
Burlington Street to Governor
Street; south along Governor
Street to Bowery Street; west
along Bowery Street to Lucas
Street; south along Lucas Street to
the Iowa Interstate Railroad tracks;
west on the tracks to Gilbert Street;
south on Gilbert Street to Kirkwood
Avenue; east on Kirkwood Avenue
to Lower Muscatine Road; south-
east along Lower Muscatine Road
to Pine Street; north on Pine Street
to the railroad tracks; southeast
along the tracks to 2nd Avenue;
north on 2nd Avenue to J Street;
west on J Street to 3rd Avenue;
north on 3rd Avenue to 1st Street;
west on 1st Street to 5th Avenue;
north on 5th Avenue to F Street;
east on F Street to Muscatine
Avenue; northwest along
Muscatine Avenue to the point of
beginning.
Precinct 19: Beginning at the
intersection of Dodge Street and
Bowery Street; east on Bowery
Street to Lucas Street; south on
Lucas Street to the Iowa Interstate
Railroad tracks; west on the rail-
road tracks to Gilbert Street; north
on Gilbert Street to Burlington
Street; west on Burlington Street to
Linn Street; north on Linn Street to
College Street; east on College
Street to Van Buren Street; south
on Van Buren to Burlington Street;
east on Burlington Street to Dodge
Street; south on Dodge Street to
the point of beginning.
Precinct 20: Beginning at the
intersection of Dodge Street and
Burlington Street; west on
Burlington Street to Van Buren
Street; north on Van Buren Street
to College Street; west on College
Street to Dubuque Street; north on
Dubuque Street to Iowa Avenue;
west on Iowa Avenue to Clinton
Street; north on Clinton Street to
Market Street; east on Market
Street to Dodge Street; south on
Dodge Street to Jefferson Street;
east on Jefferson Street to
Governor Street; south on
Governor Street to Bowery Street;
west on Bowery Street to Dodge
Street; north on Dodge Street to
the point of beginning.
Precinct 21: Beginning at the
intersection of Governor Street and
Jefferson Street; west on Jefferson
Street to Dodge Street; north on
Dodge Street to Market Street;
west on Market Street to Dubuque
Street; north on Dubuque Street to
Kimball Road; east on Kimball
Road to Governor Street; south on
Governor Street to the point of
beginning.
(5. a%--3
Precinct 22: Beginning at the
intersection of Gilbert Street and
Kimball Road; west on Kimball
Road to Dubuque Street; north on
Dubuque Street to Foster Road;
along Foster Road and continuing
along Walker Circle to where the
NE boundary line of lot 108
Peninsula Neighborhood Phase 2A
extended intersects with the Iowa
River and the Iowa City corporate
limits; north along said corporate
limits and continuing across
Interstate 80 to Dubuque Street;
continuing southerly along the cor-
porate limits to Interstate 80; east
along 1 -80 to Prairie du Chien
Road; south along Prairie du Chien
Road to North Dodge Street and
Highway 1; southwest to Governor
Street; northwest on Governor
Street to Kimball Road; westerly
along Kimball Road to the point of
beginning.
Precinct 23: Beginning at the
intersection of Jefferson Street and
Governor Street; north on Governor
Street to its intersection with North
Dodge Street/Highway 1; north-
east along Dodge Street to Prairie
du Chien Road; north on Prairie du
Chien Road to Interstate 80 and
the Iowa City corporate limits;
starting east along the corporate
limits and following the corporate
limits around to Rochester Avenue;
west on Rochester Avenue to Post
Road; south on Post Road to
Princeton Road; northwest on
Princeton Road to 1st Avenue;
north on 1st Avenue to Rochester
Avenue; west along Rochester
Avenue to Parsons Avenue; south
on Parsons Avenue to Jefferson
Street; west on Jefferson Street to
the point of beginning.
Precinct 24: Beginning at the SE
corner of Scott Park on the Iowa
City corporate limits; following the
corporate limits west and south to
American Legion Road; west on
American Legion Road to Scott
Boulevard; north along Scott
Boulevard to Rochester Avenue;
east on Rochester Avenue to the
Iowa City corporate limits; starting
east along the corporate limits and
continuing to follow the corporate
limits back to the point of begin-
ning.
2. Section 1 -5 -1 of the Code of
Ordinances is hereby amended by
adopting a new said section to
read as follows:
SECTION 1 -5 -1. City Council
Districts
There are hereby established in
the City three (3) City Council
Districts. The following "voting pre-
cincts", as defined in Chapter 9 of
this Title, shall comprise the three
(3) City Council Districts:
A. City Council District A: Voting
precincts 2, 7, 8, 9, 10, 13, 14, 15
B. City Council District B: Voting
precincts 1, 6, 12, 16, 17, 18, 23,
24
C. City Council District C: Voting
precincts 3, 4, 5, 11, 19, 20, 21, 22
SECTION 111. REPEALER. All ordi-
nances and parts of ordinances in
conflict t with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If
any section, provision or part of the
Ordinances shall be adjudged to
be invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION V. Effective Date. This
ordinance shall be in effective on
January 15, 2012.
Passed and approved this 2nd
day of August, 2011
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC-8401 August 11, 2011
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4442 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of
August, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 8, 2011.
Dated at Iowa City, Iowa, this 4th day of October 2011.
Voparl
Deputy City Clerk
\ % — k_X 1-1 u, QS. \ I
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Ad J
QMMIA
Subscribed and sworn to
before me this day of
A.D. 20 11
Notary Public
Lffaw KR�TZ
�' C,OfiNiYS$IOf1 Ntllf�ber Mi
kk � i
ORDINANCE NO. 11 -4442
AN ORDINANCE AMENDIN
SECTION 1 -9 -38 OF THE COD
OF ORDINANCES OF IOWA CI
IOWA, ESTABLISHING TH
BOUNDARIES OF THE VOTIN
PRECINCTS IN IOWA CITY; AN
SECTION 1 -5 -1 OF THE CODE O
ORDINANCES OF IOWA CI
IOWA, ESTABLISHING TH
VOTING PRECINCTS THAT
COMPRISE THE THREE CI
COUNCIL DISTRICTS IN IOWA
CITY, AND REPEALING ORD.
11 -4441.
SECTION I, P RPO . The pur-
pose of this amendment is to revise
the voting precincts in Iowa City to
reflect changes in population
exhibited in the 2010 decennial
census and to reflect changes as
results of the reprecincting pro-
cess. Ordinance 11 -4441 was
passed on August 2, 2011, and
submitted to the Secretary of State
for approval. Notification was
received from the Secretary of
State of the need for technical cor-
rections.
SECTION II AM NDM tiT
1. Section 1 -9 -3B of the Code of
Ordinances is hereby amended by
repealing said section and replac-
ing it with the following:
SECTION 1 -9-3B. Boundaries of
Precincts
The area encompassed within the
voting precincts shall be indicated
as follows:
Precinct 1: Beginning at the
intersection of 1st Avenue and
Court Street; east on Court Street
to Friendship Street; north on
Friendship Street to Washington
Street; east on Washington Street
to Scott Boulevard; north along
Scott Boulevard to Rochester
Avenue; west on Rochester Avenue
to Post Road; south on Post Road
to Princeton Road; northwest
along Princeton._ Road to- 1st
Avenue; south along 1st Avenue to
the point of beginning.
Precinct 2: Beginning at the
intersection of Sunset and Benton
Streets; west on Benton Street to
Emerald Street; north on Emerald
Street to Melrose Avenue; starting
in an easterly direction along
Melrose Avenue and continuing
along the corporate limits of
University Heights to the Iowa
Interstate Railway tracks; west on
the railroad tracks to Mormon Trek
Boulevard; south on Mormon Trek
Boulevard to Melrose Avenue; east
on Melrose Avenue to Westgate
Street; south on Westgate Street to
Keswick Drive; along Keswick
Drive to the intersection with
Benton Street; east on Benton
Street to Teg Drive; south on Teg
Drive and continuing east along
Aber Avenue to Sunset Street;
Sunset Street to Ashley Drive;
along Ashley Drive to Wylde Green
Road; along Wylde Green Road to
Edingale Drive; along Edingale
Drive to Weeber Street; north on
Weeber Street to Benton Street;
east on Benton Street to Oaknoll
Drive; north on Oaknoll Drive to
Oakcrest Street; west on Oakcrest
Street to George Street; north on
George Street to the corporate
limits of University Heights and
continuing westerly along said cor-
porate limits to the point of begin -
ninq.
Precinct 3: Beginning at the
intersection of the Iowa Interstate
G Railway tracks and Mormon Trek
E Boulevard; northeast on Mormon
TY Trek Boulevard to Highway 6; east
E on Highway 6 to Iowa Avenue; east
pon Iowa Avenue to the Iowa River;
south along the Iowa River to the
F Iowa Interstate Railway bridge;
Ethen west along the railroad tracks
to the point of beginning.
Precinct 4: Beginning at the
CITY
intersection of Newton Road and
Riverside Drive; west on Riverside
Drive and Highway 6 to the Iowa
City Corporate Limits; north along
the corporate limits to the Iowa
River; proceeding west and north
along the Iowa River to a point
where the river intersects with the
extended N boundary line of lot
108 of Peninsula Neighborhood
Phase 2A; southeasterly to Walker
Circle and continuing along Foster
Road to Dubuque Street; south on
Dubuque Street to Park Road; west
on Park Road to the west bank of
the Iowa River; south along the
river to the point of beginning.
Precinct 5: Beginning at the
intersection of Park Road and
Dubuque Street; south on Dubuque
Street to Market Street; west on
Market Street to Clinton Street;
south on Clinton to Iowa Avenue;
east on Iowa Avenue to Dubuque
Street; south on Dubuque Street to
College Street; east on College
Street to Linn Street; south on Linn
Street to Burlington Street; west on
Burlington Street to the Iowa River;
north along the river to Park Road;
east on Park Road to the point of
beginning.
Precinct 6: Beginning at the
intersection of the Iowa Interstate
Railroad tracks and Scott
Boulevard; west along the tracks to
2nd Avenue; north on 2nd Avenue
to J Street; west on J Street to 3rd
Avenue; north on 3rd Avenue to I
Street; west on I Street to 5th
Avenue; north on 5th Avenue to F
Street; east on F Street to 4th
Avenue; north on 4th Avenue to
Muscatine Avenue; east on
Muscatine Avenue to the Iowa City
corporate limits and continuing
along said corporate limits to the
point of beginning.
Precinct 7: Beginning at the
intersection of Walden Road and
Mormon Trek Boulevard; north
along Mormon Trek Boulevard to
Bartelt Road; along Bartelt Road to
Roberts Road; along Roberts Road
to Westwinds Drive; north along
Westwinds Drive to Melrose
Avenue; west along Melrose
Avenue to Hawkeye Park Road;
along Hawkeye Park Road to
Mormon Trek Boulevard; north on
Mormon Trek Boulevard to the
Iowa Interstate Railway and the
Iowa City corporate limits; westerly
and continuing along said corpo-
rate limits to Melrose Avenue; east
on Melrose Avenue to Galway
Drive; along Galway Drive to
Donegal Court; southerly along
Donegal Court to Tipperary Road;
southerly along Tipperary Road to
its intersection with the NW corner
Of lot 195 Galway Hills Subdivision
Part 10; along the western bound-
ary of said lot 195 to its SW corner;
easterly to the SE corner of lot 194
Galway Hills Subdivision Part 10;
southerly to Willow Creek; easterly
to the west boundary of Shannon
Drive; southerly along Shannon
Drive to Irving Avenue; northerly
and easterly along Irving Avenue to
Jensen Street; south along Jensen
Street to Walden Road; northeast-
erly along Walden Road to the
Point of beginning.
Precinct 8: Beginning at the SE
corner of 1715 Mormon Trek
Boulevard where Mormon Trek
Boulevard and Hwy 218 intersect;
thence NW and continuing west
along the Iowa City corporate limits
to Melrose Avenue; east on
Melrose Avenue to Galway Drive;
along Galway Drive to Donegal
Court; southerly along Donegal
Court to Tipperary Road; southerly
along Tipperary Road to where it
intersects with the western bound-
ary of lot 195 Galway Hills
Subdivision Part 10; southerly
along said western boundary and
continuing easterly to the SE cor-
ner of lot 194 Galway Hills
Subdivision Part 10; southerly to
Willow Creek; easterly to the west
boundary of Shannon Drive; south-
erly along Shannon Drive to Irving
Avenue; northerly and easterly
along Irving Avenue to Jensen
Street; south along Jensen Street
to Walden Road; northeasterly
along Walden Road to Mormon
Trek Boulevard; south along
Mormon Trek Boulevard to the
point of beginning.
Precinct 9: Beginning at the
intersection of Mormon Trek
Boulevard and Melrose Avenue;
east on Melrose Avenue to
Westgate Street; south on
Westgate Street to Keswick Drive;
south on Keswick Drive to Benton
Street; east on Benton Street to
Teg Drive; south along Teg Drive
and Aber Avenue to Sunset Street;
south on Sunset Street to the cen-
terline of the southbound lane of
Highway 1; west along the center-
line of the southbound lane of
Highway 1; crossing Highway 218
and continuing southwesterly
along the centerline of the south-
bound lane of Highway 1 to Naples
Avenue; southeast to the Iowa City
corporate limits; southwest along
the corporate limits to where the
Iowa City corporate limits shift
north at Kitty Lee Road; north
along Kitty Lee Road and continu-
ing along said corporate limits to
the SE corner of 1715 Mormon
Trek Boulevard which is the inter-
section of the right -of -ways of
Mormon Trek Boulevard and
Highway 218; north along Mormon
Trek Boulevard to Bartelt Road;
along Bartelt Road to Roberts
Road; along Roberts Road to
Westwinds Drive; north along
Westwinds Drive to Melrose
Avenue; west along Melrose
Avenue to Hawkeye Park Road;
along Hawkeye Park Road to
Mormon Trek Boulevard; south on
Mormon Trek Boulevard to the
Point of beginning.
Precinct 10: Beginning at the
intersection of Highway 6 and the
Iowa River; east along Highway 6
to Boyrum Street; then south on
Boyrum Street to Southgate
Avenue; then east on Southgate
Avenue to Keokuk Street; then
south on Keokuk Street to
Sandusky Drive; then east on
Sandusky Drive to Taylor Drive;
then south on Taylor Drive to Burns
Avenue; then east on Burns Avenue
to Sycamore Street; then south on
Sycamore Street to the Iowa City
corporate limits; then following
along the Iowa City corporate limits
west, south, west, northerly, west,
and southerly to the south line of
the northwest quarter of the north-
west quarter of Section 27,
Township 79 N, Range 6 W; then
along the Iowa City corporate City
limits west, south, east, south,
west, north, west, north, east,
north, east, north, west, and north
to the point where the corporate
limits intersects the centerline of
the CRANDIC Railroad in Section
21, Township 79 N, Range 6 W;
then continuing north along said
centerline of the CRANDIC to the
centerline of the Iowa River; then
north along said centerline to the
point of beginning. Due to annexa-
tions that occurred after the 2010
federal census, the annexed por-
tion of Iowa City located within the
census block identified by GEOID
191030018012027 is part of the
East Lucas Precinct, and the
annexed portion of Iowa City locat-
ed within the census blocks identi-
fied by GEOID 191030104004034
and 1 91 0301 04004047 are part of
the West Lucas Township Precinct.
Precinct 11: Beginning at the
intersection of Burlington and
Gilbert Streets; south on Gilbert
Street to Highway 6; west on
Highway 6 to Miller Avenue; north
on Miller Avenue extended to the
Iowa Interstate Railroad; east along
the railroad to the Iowa River; north
along the river to Burlington Street;
east on Burlington Street to the
point of beginning.
Precinct 12: Beginning at the
intersection of Industrial Park Road
and Highway 6; north on Industrial
Park Road and the centerline of
Industrial Park Road extended to
the centerline of the Iowa Interstate
Railroad; then east on said center-
line to the centerline of Scott
Boulevard; then north to the north
right -of -way line of the Iowa
Interstate Railroad; then southeast-
erly along said right -of -way to the
west line of the southeast quarter
of Section 19, Township 79 N,
Range 5 W; then following the Iowa
City corporate limits north. east,
south, west, south, east, south,
west, south, west, north, west,
south, and westerly along the Iowa
City corporate limits to the east line
of Section 24, Township 79 N,
Range 6 W; then southerly along
said east line to the centerline of
Hwy 6; then northwesterly, south,
west, south, west, south, west,
south, west, south, and west to the
east right -of -way line of Soccer
Park Road; then southerly along
the east right -of -way of Soccer
Park Road to Napoleon Street;
then west along Napoleon Street to
the intersection with the west right -
of -way line of Soccer Park Road;
then along the west right -of -way
line of Soccer Park Road and Iowa
City corporate limits northerly to
the south line of the northeast
quarter of Section 35, Township 79
N, Range 6 W; then following the
Iowa City corporate limits westerly
and northerly to the north right -of-
way line of Nursery Lane; then fol-
lowing the Iowa City corporate lim-
its east, north, east, south, east,
north, east, north, and west to the
intersection of Sycamore Street
and the south line of Section 23,
Township 79 N, Range 6 W; then
north on Sycamore Street to
California Avenue; then east on
California Avenue to Miami Drive;
then southwest on Miami Drive to
Nevada Avenue; then southeast on
Nevada Avenue to Lakeside Drive;
then east and north on Lakeside
Drive to Highway 6 and to the point
of beginning. Due to annexations
that occurred after the 2010 federal
census, the annexed portion of
Iowa City located within the census
block identified by GEOID
191030105001112 is part of this
Iowa City Precinct 12.
Precinct 13: Beginning at the
intersection of Benton Street and
Miller Avenue; south on Miller
Avenue to Highway 1; east on
Highway 1 to the Iowa River; south
on the Iowa River to the centerline
of the CRANDIC Railroad; south-
westerly along said centerline to its
intersection with the Iowa City cor-
porate limits just south of Mormon
Trek Boulevard; then west, north,
west, north, northwesterly, and
southwesterly along said corporate
limits to the west line of Section 21,
Township 79 N, Range 6 W; then
following the Iowa City corporate
limits south, easterly, south, and
westerly to the east right -of -way
line of US Highway 218; southeast-
erly along said right -of -way to the
south line of Section 20, Township
79 N, Range 6 W; west along said
south line to the west line of the
southeast quarter of said Section
20, northerly on said west line and
the centerline of Naples Avenue to
the centerline of Highway 1; north-
easterly along the centerline of
Highway 1 to its intersection with
Sunset Street extended; north-
westerly on Sunset Street to Ashley
Drive; along Ashley Drive to Wylde
Green Road; along Wylde Green
Road to Edingale Drive; along
Edingale Drive to Weeber Street;
along Weeber Street to Benton
Street; east on Benton Street to
Oaknoll Drive; north on Oaknoll
Drive to Oakcrest Street; west on
Oakcrest Street to George Street;
north on George Street to the
University Heights corporate limits;
following said corporate limits
north, east, north, and east to the
centerline of the Iowa Interstate
Railroad; southeast along said cen-
terline to a point south of the
southern -most corner of Brookland
Park; south along an extension of
Miller Avenue and continuing along
Miller Avenue to Benton Street;
west along Benton Street to the
point of beginning. Due to annexa-
tions that occurred after the 2010
federal census, the annexed por-
tion of Iowa City located within the
census block identified by GEOID
191030104004015 is part of the
West Lucas Township Precinct.
Precinct 14: Beginning at the
intersection of Highway 6 and
Sycamore Street; north on
Sycamore Street to Lower
Muscatine Road; northwest on
Lower Muscatine Road to
Kirkwood Avenue; west along
Kirkwood Avenue to Gilbert Street;
south along Gilbert Street to
Highway 6; east on Highway 6 to
Boyrum Street; south on Boyrum
Street to Southgate Avenue; east
along Southgate Avenue to Keokuk
Street; south on Keokuk Street to
Sandusky Drive; east on Sandusky
Drive to Taylor Drive; north on
Taylor Drive to Highway 6; east on
Highway 6 to Sycamore Street and
the point of beginning.
Precinct 15: Beginning at the
intersection of Burns Avenue and
Taylor Drive; north on Taylor Drive
to Highway 6; east on Highway 6 to
Sycamore Street; north on
Sycamore Street to Lower
Muscatine Road; northwest on
Lower Muscatine Road to Pine
Street; north on Pine Street to the
Iowa Interstate Railway; southeast
along the railroad to its intersection
with Industrial Park Road extend-
ed; south along Industrial Park
Road to Highway 6 and crossing
Highway 6 to Lakeside Drive; south
on Lakeside Drive to Nevada
Avenue; north on Nevada Avenue
to Miami Drive; north on Miami
Drive to California Avenue; west on
California Avenue to Sycamore
Street; south on Sycamore Street
to Burns Avenue; west on Burns
Avenue to the point of beginning.
Precinct 16: Beginning at the
intersection of Muscatine Avenue
and Scott Boulevard; north on
Scott Boulevard to Washington
Street; west on Washington Street
to Friendship Street; south on
Friendship Street to Court Street;
west on Court Street to 1 st Avenue;
south on 1st Avenue to Friendship
Street; west on Friendship Street to
5th Avenue; south on 5th Avenue
to Muscatine Avenue; following
Muscatine Avenue east to the point
of beginning.
Precinct 17: Beginning at the
intersection of 5th Avenue and
Muscatine Avenue; northwest on
Muscatine Avenue to Burlington
Street; west on Burlington Street to
Governor Street; north on Governor
Street to Jefferson Street; east on
Jefferson Street to Parsons
Avenue; north on Parsons Avenue
to Rochester Avenue; east along
Rochester Avenue to 1st Avenue;
south on 1st Avenue to Friendship
Street; west on Friendship Street to
5th Avenue; south on 5th Avenue
to the point of beginning.
Precinct 18: Beginning at the
intersection of Muscatine Avenue
and Burlington Street; west along
Burlington Street to Governor
Street; south along Governor
Street to Bowery Street; west along
Bowery Street to Lucas Street;
south along Lucas Street to the
Iowa Interstate Railroad tracks;
west on the tracks to Gilbert Street;
south on Gilbert Street to Kirkwood
Avenue; east on Kirkwood Avenue
to Lower Muscatine Road; south-
east along Lower Muscatine Road
to Pine Street; north on Pine Street
to the railroad tracks; southeast
along the tracks to 2nd Avenue;
north on 2nd Avenue to J Street;
west on J Street to 3rd Avenue;
north on 3rd Avenue to I Street;
west on I Street to 5th Avenue;
north on 5th Avenue to F Street;
east on F Street to 4th Avenue;
north on 4th Avenue to Muscatine
Avenue; northwest along Muscatine
Avenue to the point of beginning.
Precinct 19: Beginning at the
intersection of Dodge Street and
Bowery Street; east on Bowery
Street to Lucas Street; south on
Lucas Street to the Iowa Interstate
Railroad tracks; west on the rail-
road tracks to Gilbert Street; north
on Gilbert Street to Burlington
Street; west on Burlington Street to
Linn Street; north on Linn Street to
College Street; east on College
Street to
Van Buren Street; south on Van
Buren to Burlington Street; east on
Burlington Street to Dodge Street;
south on Dodge Street to the point
of beginning.
Precinct 20: Beginning at the
intersection of Dodge Street and
Burlington Street; west on
Burlington Street to Van Buren
Street; north on Van Buren Street
to College Street; west on College
Street to Dubuque Street; north on
Dubuque Street to Iowa Avenue;
west on Iowa Avenue to Clinton
Street; north on Clinton Street to
Market Street; east on Market
Street to Dodge Street; south on
Dodge Street to Jefferson Street;
east on Jefferson Street to
Governor Street; south on
Governor Street to Bowery Street;
west on Bowery Street to Dodge
Street; north on Dodge Street to
the point of beginning.
Precinct 21: Beginning at the
intersection of Governor Street and
Jefferson Street; west on Jefferson
Street to Dodge Street; north on
Dodge Street to Market Street;
west on Market Street to Dubuque
Street; north on Dubuque Street to
Kimball Road; east on Kimball
Road to Governor Street; south on
Governor Street to the point of
beginning.
Precinct 22: Beginning at the
intersection of Gilbert Street and
Kimball Road; west on Kimball
Road to Dubuque Street; north on
Dubuque Street to Foster Road;
along Foster Road and continuing
along Walker Circle to where the
NE boundary line of lot 108
Peninsula Neighborhood Phase 2A
extended intersects with the Iowa
River and the Iowa City corporate
limits; north along said corporate
limits and continuing across
Interstate 80 to Dubuque Street;
continuing southerly along the cor-
porate limits to Interstate 80; east
along 1 -80 to Prairie du Chien
Road; south along Prairie du Chien
Road to North Dodge Street and
Highway 1; southwest to Governor
Street; northwest on Governor
Street to Kimball Road; westerly
along Kimball Road to the point of
beginning.
Precinct 23: Beginning at the
intersection of Jefferson Street and
Governor Street; north on Governor
Street to its intersection with North
Dodge Street/Highway 1; northeast
along Dodge Street to Prairie du
Chien Road; north on Prairie du
Chien Road to Interstate 80 and
the Iowa City corporate limits;
starting east along the corporate
limits and following the corporate
limits around to Rochester Avenue;
west on Rochester Avenue to Post
Road; south on Post Road to
Princeton Road; northwest on
Princeton Road to 1st Avenue;
north on 1st Avenue to Rochester
Avenue; west along Rochester
Avenue to Parsons Avenue; south
on Parsons Avenue to Jefferson
Street; west on Jefferson Street to
the point of beginning. Due to
annexations that occurred after the
2010 federal census, the annexed
portion of Iowa City located within
the census blocks identified by
GEOID 191030001001045,
191030001001004,
1 9 1 0 3 0 1 0 1 0 0 4 0 3 0,
191030001001000, and
191030001001007 are part of the
Newport Township Precinct.
Precinct 24: Beginning at the SE
corner of Scott Park on the Iowa
City corporate limits; following the
corporate limits west and south to
American Legion Road; west on
American Legion Road to Scott
Boulevard; north along Scott
Boulevard to Rochester Avenue;
east on Rochester Avenue to the
Iowa City corporate limits; starting
east along the corporate limits and
continuing to follow the corporate
limits back to the point of begin-
ning.
2. Section 1 -5 -1 of the Code of
Ordinances is hereby amended by
adopting a new said section to
read as follows:
SECTION 1 -5 -1. City Council
Districts
There are hereby established in the
City three (3) City Council Districts.
The following "voting precincts ", as
defined in Chapter 9 of this Title,
shall comprise the three (3) City
Council Districts:
A. City Council District A: Voting
precincts 2, 7, 8, 9, 10, 13, 14, 15
B. City Council District B: Voting
precincts 1, 6, 12, 16, 17, 18, 23,
24
C. City Council District C: Voting
precincts 3, 4, 5, 11, 19, 20, 21, 22
SECTION III, REPEALER.
Ordinance 11 -4441 adopted
August 2, 2011, and all other ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IVV, SEVERABILITY. If
any section, provision or part of the
Ordinances shall be adjudged to
be invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION V. Effective Date. This
ordinance shall be in effective on
January 15, 2012.
Passed and approved this 31st
day of August, 2011
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pae6059 September 8, 2011
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Ift
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 3S6 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4443 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of
September, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 15, 2011.
Dated at Iowa City, Iowa, this 4th day of October 2011.
\Ju4e�K. Vop��
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper l
time(s), on the following date(s):
. it r .-
Subscribed and sworn to
before me this qAP*�' day of
A.D. 20 11
Notary Public
[00 LINDA KROTZ
Number 732619
Fltpir83
27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4443
AN ORDINANCE AMENDING
THE IOWA CITY ZONING CODE,
ARTICLES 14 -4A, USE
CATEGORIES, AND 14-9A,
GENERAL DEFINITIONS, TO
ADD A DEFINITION OF
PARENTAL GROUP HOME.
WHEREAS, a group household,
as defined in the zoning code, is a
household living use wherein a col-
lective number of individuals live
together in one dwelling unit as a
single housekeeping unit, where
the relationship between the indi-
viduals has a distinct domestic
character, similar to a family;
WHEREAS, the zoning code lists
three distinct types of group
households, each of which is limit-
ed in size, not to exceed 8 persons,
similar to a large family; and
WHEREAS, City STEPS, Iowa
City's five -year consolidated plan
for housing, jobs and services for
low- income residents, approved by
Council on December 14, 2009,
addresses the need to assist
"unaccompanied minors" finan-
cially and through programs to
transition to self- sufficiency; and
WHEREAS, there is an identified
need for stable housing for teen-
age and young adult parents and
their babies; and
WHEREAS, up to three unrelated
persons can live together in one
household in any zone within the
city, but if these persons have chil-
dren, it is considered an over -
occupied situation;
WHEREAS, the Planning and
Zoning Commission recommends
approval of the following code
amendments.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
lows:
A. Deleting the definition of
"Group Household" in Article
14 -9A, General Definitions, and
substituting in lieu thereof:
Group Household: A family care
home, elder family home, parental
group home, or elder group home,
as defined in this Title, wherein a
collective number of individuals
live together in one dwelling unit
as a single housekeeping unit,
where the relationship between
the individuals is of a regular and
permanent nature and has a
distinct domestic character,
similar to a family.
B. Amending Article 14 -9A,
General Definitions, by adding the
following definition:
Parental Group Home: A type of
group household containing not
more than three teenagers or
adults and up to four children
under five years of age, each of
whom is related by blood to at
least one of said teenagers or
adults, placed in a residential
dwelling unit by a government or
social service agency and
occupying said dwelling unit as a
single housekeeping unit for
purposes of social and/or
economic support.
C. Deleting subparagraph
14- 4A -3A -2a and substituting in
lieu thereof:
a. Group Households
Group Households include only
the following specific uses: elder
family homes, elder group homes,
parental group homes, and family
care homes, as defined in Article
14 -9A, General Definitions.
D. Deleting subparagraph
14- 4B -4A -6a and substituting in
lieu thereof:
a. The proposed use must meet
the definition of elder group home,
elder family home, parental group
home, or family care home.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 6th day
of September, 2011.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC-86M
September 15, 2011
1 r i
IN
�► � Mlw ®��,1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4444 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of
September, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on September 29, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Julie . Voparil
Deputy City Clerk
Printer's Fee $ /9 1 -31J_
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
1, Kot fA
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Subscribed and sworn to
before met is _,,?q 4-"-day of
. A.D. 20 1 I
Notary Public
LNM MM
My Co m Ex i imm n �1
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4444
CONSIDER AN ORDINANCE
AMENDING TITLE 4, ALCOHOL-
IC BEVERAGES, CHAPTER 3,
OUTDOOR SERVICE AREAS;
SEASONAL, FIVE DAY OR FOUR-
TEEN DAY LICENSES AND PER-
MITS, SECTION A, LOCATION,
TO ESTABLISH NEW LOCATION
STANDARDS FOR TEMPORARY
OUTDOOR SERVICE AREAS
WHEN REQUESTED IN NON-
RESIDENTIAL ZONES.
WHEREAS, the City Code allows
outdoor service areas to be locat-
ed in any Commercial Zone,
regardless of the proximity to a
residential use, but provided that
the outdoor service area is more
than 100 feet from a residential
zone boundary; and
WHEREAS, in CB2, CB5, and
CB10 zones ( "downtown zones ")
outdoor service areas are allowed
regardless of their proximity to
residential zones or residential
uses; and
WHEREAS, temporary outdoor
service areas, by definition, can be
operated on not more than two
occasions in the licensing year for
the subject licensed establishment
and for not more than three (3)
days per occasion, whether con-
secutive or separated; and
WHEREAS, the City Code cur-
rently prohibits temporary outdoor
service areas in any location that is
within 100 feet of a residential use,
regardless of the zone; and
WHEREAS, the aforementioned
location restriction effectively pro-
hibits temporary outdoor service
areas for special events and festi-
vals in most commercial areas,
because many commercial areas
contain mixed -use buildings with
upper floor residential apartments,
while in the same area more per-
manent outdoor service areas are
allowed; and
WHEREAS, due to the limited
duration and characteristics of
temporary outdoor service areas,
the locations of temporary outdoor
service areas should be treated
similarly to rather than more strictly
than outdoor service areas that are
approved on a more permanent,
year -round basis; and
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION 1. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
lows:
A. Deleting paragraph 4- 3- 4A -4.,
and substituting in lieu thereof:
4. The sale of liquor or beer under
a seasonal five -day or fourteen day
license or permit may occur in any
principal structure which does.not
house a residential use, regardless
of the zone in which it is located
and regardless of its proximity to
other residential uses. A temporary
outdoor service area may be per-
mitted in any one of the following
qualifying situations:
a. In any zone other than a
Commercial Zone, provided the
temporary outdoor service area is
not located within one hundred
feet (100') of a residential use; or
b. In any Commercial Zone other
than the CB -2, CB -5, or CB -10
Zones, regardless of the tempo-
rary outdoor service area's prox-
imity to a residential use, but
provided the temporary outdoor
service area is not within one
hundred feet of a residential zone;
or
c. In the CB -2, CB -5, or CB -10
Zones, regardless of the tempo-
rary outdoor service area's prox-
imity to a residential zone or a
residential use.
SECTION II REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILLIY. 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.
aEQTION IV EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 20th
day of September, 2011.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
September 29, 2011
PC -8823]
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:In��
wnr ®��,1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4445 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 13, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
K. Voparil
Deputy City Clerk
Printer's Fee $ 1 iP_) - P W
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
1, Kfob 1g, 57W
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper ___L_
time(s), on the following date(s):
Legal rk
Subscribed and sworn to
before me this � day of
cL�C ckl� P� A.D. 20 11
�V,.L LINDA OKR TI
� X Conxnission Number 732619! �J January 201�4m
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4445
AN ORDINANCE REZONING
APPROXIMATELY 10 ACRES OF
PROPERTY LOCATED AT 350
DUBLIN DRIVE FROM PLANNED
DEVELOPMENT OVERLAY
MEDIUM DENSITY SINGLE
FAMILY (OPD -8) ZONE TO
PLANNED DEVELOPMENT
OVERLAY LOW DENSITY MULTI-
FAMILY (OPD /RM -12) ZONE.
(REZ11- 00005)
WHEREAS, Melrose Retirement
Community LLC is the legal title
holder of property located at 350
Dublin Drive, Iowa City, Iowa; and
WHEREAS, Melrose Retirement
Community LLC has requested a
rezoning of this property from
Planned Development Overlay
Medium Density Single Family
(OPD -8) zone to Planned
Development Overlay Low Density
Multi- Family (OPD /RM -12) zone;
and
WHEREAS, the Comprehensive
Plan indicates that the property is
appropriate for multi - family devel-
opment; and
WHEREAS, the Planning and
Zoning Commission has the
reviewed the proposed rezoning
and the Planned Development
Overlay Plan and determined that it
complies with the Comprehensive
Plan and is compatible with the
surrounding neighborhood; and -
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. Property
described below is hereby reclassi-
fied from its current zoning desig-
nation of OPD -8 to OPD /RM -12:
Lot 117, Galway Hills Subdivision
- part five, Iowa City, Iowa, in accor-
dance with the plat thereof record-
ed in plat book 40, at page 282, in
the records of the Johnson County
Recorder's Office, containing 10
acres, and subject to the ease-
ments and restrictions of record.
SECTION II ZONING MAP. The
building official is hereby autho-
rized and directed to change the
zoning map of the City of Iowa City,
Iowa, to conform to this amend-
ment upon the final passage,
approval and publication of the
ordinance as approved by law.
SECTION III CERTIFICATION AND
aFCORDING- 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 Melrose
Retirement Community's expense,
upon the final passage, approval
and publication of this ordinance,
as provided by law.
SECTION IV, REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 4th day
of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. ,Karr, City
Clerk.
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa S2240-1826
(319) 3S6 -5000
(319) 3S6 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4446 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 13, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Julie . Voparil
Deputy City Clerk
Printer's Fee $ 31.0
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, QGky-A 5-�-oA
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _J__
time(s), on the following date(s):
6C.-n Br4t, I?- t
Legal Ik
Subscribed and sworn to
before me this %,� day of
�C A- A.D.20 -LI
Notary Public
F46i LINDA KROTZ
Commission Number 732619
I11h1(anuarS27, EXpIfeS
Jan 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4446
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
ARTICLE 9A, GENERAL
DEFINITIONS, TO CLARIFY THE
DEFINITION OF
ENLARGEMENT /EXPANSION AS
IT RELATES TO ALCOHOL
SALES - ORIENTED USES.
WHEREAS, the zoning code
establishes a minimum spacing
requirement between alcohol
sales - oriented retail uses in the
central business zones;
WHEREAS, alcohol sales- oriented
retail uses located in the central
business zones are considered
nonconforming uses if they are not
in compliance with the minimum
spacing requirement; and
WHEREAS, nonconforming uses
may not be expanded or enlarged;
and
WHEREAS, the current definition
of enlargement/expansion in the
zoning code makes it difficult to
measure the expansion of a non-
conforming alcohol sales- oriented
use as it relates to a request for a
change in type of liquor license;
and
WHEREAS, the Planning and
Zoning Commission has recom-
mended that the definition of
Enlargement/Expansion be clari-
fied to address this shortcoming in
the code language.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
lows:
A. Deleting the definition of
"enlargement/expansion" in Article
14 -9A, General Definitions, and
substituting in lieu thereof:
ENLARGEMENT /EXPANSION:
An increase in the volume of a
building, an increase in the area of
land or building occupied by a use,
an increase in the number of bed-
rooms within a dwelling unit or an
increase in the number of dwelling
units. For non - residential buildings
an increase in the occupancy load
of a building is considered an
enlargement /expansion. For
Alcohol Sales- Oriented Retail
Uses, any change in the type of
liquor license that would increase
the types of alcohol or alcoholic
beverages that can be sold is con-
sidered an enlargement/expansion
of the use. For Group Living Uses,
any alteration that allows an
increase in the number of residents
is considered an enlargement/
expansion.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 4th day
of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC- 6382 October 13, 2011
I r j
-4
it, 'A
q 1 CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4447 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 13, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011. _
c c
JUh". Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Co ire sr��a -�,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
#2 one
Legal Cle
Subscribed and sworn to
before me this %3-4' day of
A.D. 20__ j_.
Notary
EW. LIND KROTZ
Commission Number 732619by COInm"llon Expires _ January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4447
AN ORDINANCE AMENDING
TITLE 14: ZONING CODE,
PARAGRAPH 14- 4B- 48 -17,
SALES - ORIENTED RETAIL IN
THE CIA ZONE, TO ALLOW PET
SUPPLY STORES.
WHEREAS, the zoning code sets
forth the types of retail uses that
are allowed in the Intensive
Commercial (CI -1) Zone;
WHEREAS, the types of retail
uses allowed in the CIA Zone are
typically uses that are land- inten-
sive or are complementary to other
quasi - industrial and intensive com-
mercial uses allowed in this zone;
and
WHEREAS, both general and
intensive animal - related commer-
cial uses are allowed uses in the
Intensive Commercial Zone; and
WHEREAS, locating pet supply
stores near other animal - related
commercial uses may create
attractive economic opportunities
based on the location efficiencies
that might be realized when similar
uses locate in the same area;
WHEREAS, it is the policy of the
City to preserve and expand eco-
nomic opportunities for commer-
cial uses in the community
WHEREAS, the Planning and
Zoning Commission have reviewed
the proposed change to the zoning
code and recommend approval;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as fol-
lows:
A. Deleting paragraph 14- 46 -46-
17, and substituting in lieu thereof:
Sales- Oriented Retail in the CIA
Zone
Sales- Oriented Retail is limited to
the following specific uses:
a. Convenience stores associat-
ed with Quick Vehicle Servicing
Uses;
b. Retail establishments that pri-
marily sell building supplies, auto
supplies, pet supplies, hardware,
paint, flooring materials, furniture,
or appliances.
c. Sales- Oriented Retail associ-
ated with a Repair- Oriented Retail,
Industrial Service, Light/Technical
Manufacturing, or General
Manufacturing Use, provided that
the floor area devoted to the retail
display of merchandise does not
exceed 50% of the total ground
floor area or 5,000 square feet,
whichever is less.
d. Consignment stores as
defined in Article 14 -9A, General
Definitions.
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 4th day
of October, 2011.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
Pc -86mi October 13, 2011
I
1 7�4
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4448 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Ju ' . Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, V, 0 6 r 9 L --1S AIC -L7Z-
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal Cl,
Subscribed and sworn to
before me this'21ay of
A.D. 20_.
p�, c �
Wit'' Cor mission Number 732619
:�• My Commission Expires
ow January 27.20_ _ 14
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4448
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
PARAGRAPH 14- 4B- 4B -23, TO
MODIFY THE STANDARDS FOR
VEHICLE REPAIR USES IN THE
INTENSIVE COMMERCIAL ZONE
WHEN LOCATED ADJACENT TO
A RESIDENTIAL ZONE.
WHEREAS, the Intensive
Commercial (CI -1) Zone is intended
to provide areas for those sales and
service functions and businesses
whose operations are typically
characterized by outdoor display
and storage of merchandise, by
repair and sales of large equipment
or motor vehicles, by outdoor com-
mercial amusement and recreation-
al activities or by activities or oper-
ations conducted in buildings or
structures not completely enclosed;
and
WHEREAS, the CI -1 Zone is
intended for the aforementioned
types of uses, it also contains stan-
dards to buffer the negative
aspects of allowed uses from adja-
cent residential areas; and
WHEREAS, Vehicle Repair uses
are a common use in the CI -1
Zone; and
WHEREAS, a new distance
requirement between Vehicle
Repair Uses and Residential Zones
was adopted in 2005 in the CI -1
Zone and in other less intensive
commercial zones; and
WHEREAS, due to adoption of the
aforementioned distance require-
ment a number of existing Vehicle
Repair Uses located in the CI -1
Zone have been classified as non-
conforming uses, so would not be
allowed to expand, nor would new
Vehicle Repair Uses be allowed to
locate in areas that have tradition-
ally included these types of uses;
WHEREAS, the Planning and
Zoning Commission has reviewed
the aforementioned distance
requirement and found it to be too
restrictive for a zone that is intend-
ed to provide location opportunities
for vehicle repair uses; and
WHEREAS, the Planning and
Zoning Commission also found
that other alternative standards to
protect nearby residential uses
from potential externalities, such as
noise and late night operations,
would be more appropriate for
vehicle repair uses in the CI -1 Zone
than a strict distance standard;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
A. Deleting zoning code subpara-
graph 14- 4B- 4B -23a., and
substituting in lieu thereof:
a. The property containing the
Vehicle Repair Use must be
located at least 100 feet from
any Residential Zone bound-
ary, except in the CB -2 and
CI -1 Zones. In the CB -2 Zone,
the property containing the
Vehicle Repair Use must be
located at least 70 feet from
any Residential Zone bound-
ary. In the CI -1 Zone, if a
Vehicle Repair Use is located
on a property that abuts a resi-
dential zone boundary, the use
must comply with the following
additional standard:
1) In addition to the applicable
Noise Control provisions set
forth in City Code Section
6 -4 -3, all outdoor work
operations are prohibited
between the hours of 10 PM
and 7 AM. Any indoor oper-
ations that result in noise
exceeding 60 dba as mea-
sured at the residential zone
boundary are prohibited
between the hours of 10 PM
and 7 AM.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication.
Passed and approved this 18th
day of October, 2011.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PC- 5150 October 27, 2011
� r 1
+k MIIM
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4449 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Jul". . Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
1 i�f_ 9-
Subscribed and sworn to
before me this ,a ��`�ay of
F�� n
4 A. D. 20 11
/L t C �_,
Notary Public
LINDA KROTZ
Z Commission Number 73261
• My Commission Expires
January 27, 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4449
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
SUBSECTION 14-4C-ID, TO
CLARIFY A CROSS - REFERENCE
REGARDING OFF - STREET
PARKING LOCATED ON A
SEPARATE LOT FROM THE USE
SERVED AND TO DELETE
SUBPARAGRAPH 14- 2C- 4113-3a.,
AN OBSOLETE PROVISION
REGARDING SIDE AND REAR
BUILDING SETBACKS IN
COMMERCIAL ZONES.
WHEREAS, updates to processes
in the zoning code related to
approval of off -street parking locat-
ed on a separate lot were adopted
in 2005 that allow administrative
approval of such off -site parking
when located in commercial zones;
and
WHEREAS, a cross - reference in
Article 144C, Accessory Uses and
Buildings, needs to be changed to
reflect the aforementioned update
adopted in 2005; and
WHEREAS, from time to time,
zoning ordinance provisions are
reviewed to make sure they are still
relevant and effective; and
WHEREAS, zoning code subpara-
graph 14- 2C- 413-3a., which is relat-
ed to side and rear building set-
backs in commercial zones, has
been found to be obsolete, since
the purpose for which this provi-
sion was originally adopted is now
addressed more clearly and effec-
tively in the Fire Code;
WHEREAS, the Planning and
Zoning Commission has reviewed
these minor clarifications and cor-
rections to the zoning code and
recommend approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
A. Deleting zoning code subpara-
graph 14- 2C- 4B -3a. in its
entirety; and
B. Deleting zoning code subsec-
tion 144CAD, and substitut-
ing in lieu thereof:
D. Except for off - street parking
located on a separate lot as
approved according to the
provisions set forth in sub-
section 14- 5A -4F,
Alternatives to Minimum
Parking Requirements, the
accessory use, building, or
structure is located on the
same lot as the principal
use or uses to which it is
accessory; and
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication.
Passed and approved this 18th
day of October, 2011.
s /Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
Pc -85149 October 27, 2011
' r i
'4 rr1 ®0�,1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4450 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Ju WK. Voparil
Deputy City Clerk
Printer's Fee
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper i
time(s), on the following date(s):
Subscribed and sworn to
before me this , ?�4 day of
20—Li—.
Notary Public
*P,.[ LINDA KROTZ
Conimissior Number 732619
My Commission Expires
January 27, 2014
OFFICIAL PUBLICATION
A.
Amend Table 2C -2(a) by
ORDINANCE NO. 11 -4450
deleting "none" and inserting
a maximum front setback of
AN ORDINANCE AMENDING
12 feet in the "CB -2" row,
TITLE 14, ZONING CODE,
and inserting anew footnote
TABLE 2C -2(a); SECTION 14-2C-
number to the FAR sta
6, SECTION 14 -2C -8, AND
dard in the C Zone, as
t
PARAGRAPH 14- 4B -4A -7, TO
follows, and re- numbering
re-
ESTABLISH DIMENSIONAL AND
the current footnote 7
COMMERCIAL SITE
accordingly:
DEVELOPMENT STANDARDS IN
7. Maximum FAR is 2,
THE CENTRAL BUSINESS
except for lots with
SERVICE (CB -2) ZONE SIMILAR
approved FAR bonus. For
TO STANDARDS APPLIED IN
lots with approved FAR
THE OTHER CENTRAL
bonuses, the FAR may be
BUSINESS ZONES, AND TO
B
increased up' to a maxi -
CLARIFY AND ESTABLISH
mum of
SETBACK AND ENTRANCE
B.
Delete the heading Section
REQUIREMENTS, PROVIDE
8, and substitute in
ADDITIONAL FLEXIBILITY FOR
lieu thereof, "Central
lieu
PARKING LOCATION, AND
Business Site Development
MODIFY CONSTRUCTION
Standards."
STANDARDS TO
C.
Delete subsection 14- 2C-86,
ACCOMMODATE UPPER
and substitute lieu thereof:
FLOOR COMMERCIAL USES IN
l
B. Applicabili ty and
MIXED -USE BUILDINGS IN THE
Procedure
CENTRAL BUSINESS ZONES.
The standards this
WHEREAS, the zoning stan-
Section apply to alll l
dards that apply in the Central
in the CB-2,
Business Zones are intended to
ones,
CB-5, and Zones,
CB-5, a
help ensure that the City's Central
unless otherwise noted
otherwise
Business District develops as a
herein.
compact urban area that features
D.
Delete the heading of sub -
mixed -use storefront buildings,
section 1 and sub
pedestrian- oriented streetscapes,
stitute in lieu eu thereof:
and attractive and usable public
C. Site Plan Review
spaces; and
Procedure
WHEREAS, it was determined
E
E.
Delete paragraph 14-2C-8C-
during the Central District Planning
1, and substitute in lieu eu there-
process that the Central Business
process
of:
Service (CB -2) Zone did not have
1. Prior to submitting a
the types of zoning standards that
request for site plan
would help achieve the aforemen-
review, the developer
tioned goals of the Central
must participate pre-
Business District; and
f r
erence
application conference
WHEREAS, one of the goals of
with the Director of
the Central District Plan is to adopt
Planning and Community
new standards for the Central
Development designee
Business Service Zone that are
to discuss the application
a
consistent with the other Central
the Central Business
Business Zones; and
Ste Development
Site
WHEREAS, it is in the best inter-
Standards to the subject
est of the City to clarify how certain
property.
dimensional standards of the
F
Delete the unnumbered -
Central Business Zone would
sub
and sub
graph in feu
apply to development that abuts
there
stitute in lieu thereof:
City Plaza; and
1 . No portion of the first
WHEREAS, it is in the best inter-
story of a building shall
est of the City to adopt zoning
e set back. more than 12
mechanisms that are flexible
f eet from a front or street -
f
enough to foster creative solutions
side lot line, or a lot line
to development or redevelopment
that abuts City Plaza. If
of difficult infill sites within the
setback is provided, the
downtown area when there is
setback area must b
practical difficulty meeting specific
used for one r more of f
standards or requirements due to
the following purposes:
site constraints, provided that the
G.
Add a paragraph 14- 2C -8E -2
intent of such a standard or
i
follows:
requirement is met; and
2. Zone, to
2 the C
WHEREAS, it is the policy of the
unsafe,
prevent unsafe, unkempt
p
City to adopt zoning mechanisms
spaces between build -
that help create opportunities for
the first two stories
new commercial development in
of building must be built
of a
the Central Business District; and
to t he side lot line, unless
t
WHEREAS, the Planning and
the subject building wall
Zoning Commission has reviewed
abuts alley or usable
the proposed changes to the zon-
outdoor r space, such a
ing code and recommend approv-
plaza, green, courtyard,
d,
al.
or mid -block pedestrian
NOW, THEREFORE, BE IT
passage. Minor adjust -
ORDAINED BY THE CITY
ment to this standard
COUNCIL OF THE CITY OF IOWA
may be approved by the
be
CITY, IOWA:
Building Official to
SECTION I. The Code of
account for irregular lot
Ordinances of the City of Iowa
lines or to accommodate
City, Iowa is hereby amended as
structural requirements,
follows:
such as installing footings
or foundations, or to
LA'AST-� `� . -� A3
maintain the structural
integrity of an adjacent
K.Outdoor Storage and
adjust this require- I q
be clear glass with
building, as long as the
Display
ment. However, on
more than ten percent
intent of this standard is
1. Outdoor storage and
sloping sites at least a
daylight reduction
achieved.
display areas are not
portion of the ground-
(tinting). Glazing shall
Delete the heading of sub-
din
permitted in the CB -2,
level floor height of
not be reflective (mir-
section 14-2C-8G, and sub-
CB -5 and CB -10
any new building must
rored).
sectio lieu thereof:
Zones, except for
be located no more
2. In the CB -10 Zone, to
location
"Surface parking location
approved Temporary
than one foot above
encourage office and
stan
standards in the CB-2
Stan and
Uses (see Article
the level of the abut-
other commercial uses
Zones"
14 -4D of this Title) and
ting sidewalk or
on the second floor of
Delete h
Delete subparagraph
Special Exceptions
pedestrian plaza; and
a building, no less
14- C 8G -1.a, and subst
(see Article 14 -4B of
the floor height of the
than 30% of any sec -
tute lieu thereof:
this Title).
ground -level floor of
and floor fagade that
a. Parking and loading are
2. The storage of com-
the building must be
faces a public street or
not permitted for the first
bustible or flammable
no more than 3 feet
pedestrian plaza shall
30 feet of lot depth as
materials or liquids is
above the level of the
be comprised of win -
measured from the front
strictly regulated
abutting public side-
dows. Glazing shall
building line. Surface
according to the provi-
walk or pedestrian
not be reflective (mir-
parking, .parking within
sions of Article 14 -5H,
plaza at any point
rored).
accessory structures, and
Perform an c e
along a street- facing
O. Building Articulation
all loading and unloading
Standards, and
building fagade.
1. For buildings greater
facilities must be located
according to the
3. To provide safe access
than 50 feet in width,
behind principal
International Fire
for residents within a
the horizontal plane of
building(s) and concealed
Code, as amended.
mixed -use building,
any street - facing
from view of fronting
L. Commercial Space
any building contain-
fagade of the building
streets. Parking and load-
1. On the ground level
ing a residential use
must be broken into
ing areas may not be
floor of a building, the
must have at least one
modules that give the
located between the
a
floor to structural ceil-
door located on the on
appearance of smaller,
building and the street
ing height must be at
the exterior of the
individual storefronts.
within any side setback
least 14 feet.
building that provides
These modules must
2. In the CB -10 Zone, on
pedestrian access to
meet the following
area.
Delete subparagraph
Delet
the second floor of a
the dwelling units
standards:
8G 3.a, and renumber
building, the floor to
within the building.
a. Each module
remaining subparagraphs
structural ceiling
Said entrance must be
must be no great -
accordingly.
height must be at least
located on a building
er than 50 feet in
Delete subsections 14 -2C
11 feet.
wall that faces a
width.
6H through 14- 2C-SM, and
3. In the CB -2 and CB -5
street, public side-
b. Each module
substitute the following in lieu
Zones, the first floor of
walk, or pedestrian
must be distin-
thereof, renumbering the cur-
g the cur-
a building must meet
plaza and is visible
guished from the
ubsubsections
rent subsections
the Building Code
from and easily
adjacent module
a nd
and 14-2C-80, accordingly:
specifications for
accessed from said
by at least three
H.
commercial uses. In
street, sidewalk, or
of the following
All areas the site that
the CB -10 zone, for
plaza. Access to
means:
are not used for buildings,
the first two floors of a
dwelling units must
(1) Variation in the
parking, vehicular and
building, construction
not be solely through a
wall plane by
pedestrian use areas,
must meet the
parking garage or from
recessing a
sidewalk c of
Gid afes, and pla
Building Code specifi-
an alley.
building mod -
must landscaped
cations for commer-
N. Minimum Fenestration
ule from the
with trees and /or plant
cial uses.
1. Along any street- facing
adjacent build -
materials. A landscaping
M.Building Entrances
building fagade and
ing module;
plan for such areas must
1. Primary building
along any portion of a
(2) Variation in
be submitted for site plan
entries must be distin-
storefront fagade that
material colors,
guished by at least
abuts a pedestrian
types or tex-
review.
t. Drive - Through Facilities
two of the following
plaza, a minimum of
tures;
Drive- through facilities
means:
50 percent of the
(3) Variation in the
are not permitted in the
are permitted
a. Canopies or
building fagade
building and /or
and Zones.
awnings;
between 2 and 10 feet
parapet height;
J. Mechanical Equipment,
b. Recesses;
in height from the
(4) Variation in the
Utility Meters, and
c. Raised cornice or
adjacent exterior
architectural
Dumpsters
similar architec-
grade must be com-
details such as
1. In no case shall
tural features;
prised of transparent
decorative
mechanical n
mechanical equip-
d. Architectural
windows and doors.
pilasters, band-
utility meters
details, such as
Such windows must
ing, reveals,
be located along the
tile work and
allow views into the
stone or tile
street side of a build-
moldings that are
interior space or be
accents;
ing. Mechanical
integrated in the
storefront display win-
(5) Break or varia-
equipment and meters
building structure
dows that are set into
tion in window
must be placed at the
and design.
the wall. Display
pattern;
rear of the property
2• To encourage com-
cases attached to the
(6) Variation in the
whenever possible. If
mercial activity at the
outside building wall
use of upper
this cannot be
street level, entrances
do not qualify. Ideally,
floor balconies
achi
achieved, such equip-
to storefronts must be
the bottom of such
and recesses.
ment may be located
at grade and the
storefront windows
2. For buildings that are
along the side of the
ground -level floor
should be no more
50 feet or less in
building, provided that
height should be no
than 2 feet above the
width, at least every
the equipment is
more than one foot
level of the adjacent
12 feet in length of the
screened and set back
n
above the level of the
exterior grade.
street - facing wall must
according
acco the provi-
acco
abutting sidewalk or
However, on sloping
be articulated by a
for mechanical
pedestrian plaza. On
sites where it is diffi-
window, doorway, per -
structures set forth in
rth in
sloping building sites
cult to meet this 2 -foot
ceptible change in the
Article 14-4C,
and for existing build-
standard, the height
wall plane, setback,
Accessory Uses and
ings, the City may
above grade may vary,
artwork, or a change
Buildings.
but shall not exceed 4
in building material.
2. Dumpsters and recy-
feet above the level of
L. Amend Table 2C -4: Bonus
cling binn s must be
the adjacent exterior
Provisions to include the
located areas that
grade (See Figure
words, "CB -2 and," within
are not visible from
2C.2). Glazing shall
public streets and may
not be located in a
right -of -way.
-I.
the heading row currently
3. Development in the CB -2,
labeled "CB -5."
CB -5, and CB -10 Zones
M. Delete paragraph 14- 5A -3D-
is subject to the Central
4., and substitute in lieu
Business Site
thereof:
Development Standards
4. Household Living Uses
specified in Section
must provide parking
14 -2C -8.
according to the specified
O. Delete the heading of para-
requirement in Table
graph 14- 2C- 61 -1., and sub -
5A -1. The parking must
stitute in lieu thereof:
meet the standards spec-
1. In the CO -1 and CC -2
ified in subparagraphs
Zones
5b. through e., below. If it
R. Delete the introductory sen-
can be demonstrated that
tence under paragraph
there is practical difficulty
14- 2C -61 -1, and substitute in
providing the required
lieu thereof: "Outdoor stor-
parking for Household
age and display of materials
Living Uses on site, off-
is not permitted in the CO -1
site parking for Household
or CC -2 Zones, except for
Living Uses may be
the following:"
approved by special
S. Delete sub - subparagraph
exception according to
14- 4B- 4A- 7c(1), and substi-
the provisions of 14 -5A-
tute in lieu thereof:
417, Alternative to
(1) To provide safe access
Minimum Parking
for residents within a
Requirements.
mixed -use building, any
N. Delete sub - subparagraph
building containing a
14- 5A- 3D- 5e(1), and substi-
Residential Use must
tute in lieu thereof:
have at least one door on
(1) The proposed structured
the exterior of the build -
parking will not detract
ing that provides pedes-
from or prevent ground
trian access to the dwell -
floor storefront uses.
ing units within the build -
Structured parking may
ing. Said entrance must
be permitted on the
be located on a building
ground level floor of a
wall that faces a street,
building, provided that a
public sidewalk, or
substantial portion of the
pedestrian plaza and is
ground level floor of the
visible from and easily
building is reserved for
accessed from said
and built to accommo-
street, sidewalk, or plaza.
date storefront uses. On
Access to dwelling units
the ground level floor of
must not be solely
the building, parking is
through a parking garage
not allowed within the
or from an alley.
first 50 feet of building
T Add a sub - subparagraph (3)
depth as measured from
to subparagraph 14- 4B -4A-
the front building line. The
7d, as follows:
Board of Adjustment may
(3) In the CB -10 Zone, for
reduce this storefront
the first two floors of a
depth requirement if the
building, construction
applicant demonstrates
must meet the Building
that conditions on the
Code specifications for
subject property create a
commercial uses.
practical difficulty in
U. Delete subparagraph
achieving full compliance.
14-5A-5F-lb., and renumber
In such a case, the appli-
the remaining subparagraphs
cant must demonstrate
accordingly.
that the resulting alterna-
SECTION 11. REPEALER. All ordi-
tive storefront space,
nances and parts of ordinances in
both the interior and exte-
conflict with the provisions of this
rior, will be of a quality in
Ordinance are hereby repealed.
both design and materials
SECTION III. SEVERABILITY. If
that will enhance the
any section, provision or part of
commercial character of
the Ordinance shall be adjudged to
the Central Business
be invalid or unconstitutional, such
District. To mitigate for
adjudication shall not affect the
loss of ground floor com-
validity of the Ordinance as a
mercial space, the Board
whole or any section, provision or
may also require addi-
part thereof not adjudged invalid or
tional quality commercial
unconstitutional.
space be included on an
SECTION IV. EFFECTIVE DATE.
upper floor or mezzanine
This Ordinance shall be in effect
level and said space be
after its final passage, approval
reserved for non - residen-
and publication.
tial uses.
Passed and approved this 18th
O. Delete paragraph 14- 2C -6B-
day of October, 2011.
1., and substitute in lieu
s /Matthew J. Hayek, Mayor
thereof:
Attest: s /Marian, K. Karr, City
1. The standards of �hIs
Clerk
Section apply to all d' !`
opment in the -1
"OH-1
PC-85148 October 27, 2011
CC -2, CI -1, and
Zones, unless specifically
exempted.
P. Delete paragraph 14- 2C -6B-
3., and substitute in lieu
thereof:
1 l i
4 444
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4451 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Jull Voparil �^
Deputy City Clerk
Printer's Fee $
I
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Ro" & �5- At ,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I
time(s), on the following date(s):
0cl-t:15 oil 21, att
Legal Cle
Subscribed and sworn to
before me this 0�- 'day of
OCd"Jo,c-1 A.D.20--Lj_.
Not ar
LINDA KROTZ
�pU.0 6
Commission Number 7326191
A. • My Commis�i�n20 Ores
ow• January_____—
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4451
AN ORDINANCE AMENDING
TITLE 14, ZONING CODE,
PARAGRAPHS 2A -6C -4 AND
4B -1A, TO ALLOW AN
APPLICANT TO SEEK A MINOR
MODIFICATION TO THE SINGLE
FAMILY SITE DEVELOPMENT
STANDARD THAT ESTABLISHES
MINIMUM DRIVEWAY LENGTH
WHEREAS, the single family site
development standard that
requires a minimum driveway
length between a carport or garage
and the public right -of -way is
intended to ensure that parking
areas are located so as to prevent
vehicles from blocking sidewalks
and to ensure that there is enough
space to provide for public safety
as drivers back out of their garag-
es and carports; and
WHEREAS, it is reasonable and
in the best interest of the City to
Provide for flexibility in applying
the aforementioned standard in
cases where topography or other
unique circumstance would make
compliance impractical, yet where
the spirit of the standard can be
upheld and public safety will not
be compromised; and
WHEREAS, the Planning and
Zoning Commission has reviewed
the zoning code amendments set
forth below and recommends
approval.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of
Ordinances of the City of Iowa
City, Iowa is hereby amended as
follows:
A. Delete paragraph 14- 2A -6C -4,
and substitute in lieu thereof:
4. Garages and carports
must be located so as to
Provide a driveway, at least
25 feet in length, between
the entrance to the garage
or carport and the street
right -of -way line. Garages
and carports accessed from
an alley must be located so
as to provide a driveway at
least 5 feet in length between
the entrance to the garage
or carport and the alley
right -of -way line. In cases
where the configuration of
the lot, the topography, and/
or other physical character-
istic of the property makes
the application of this stan-
dard impractical, a minor
modification may be
requested to reduce the
driveway length, provided
that the following approval
criteria are met in addition to
the general minor modifica-
tion standards set forth in
14-4B-1B:
a. There will be at least
25 feet of driveway
length between the
entrance to the garage
or carport and any
existing public side-
walk. In cases where
there is no public side-
walk, but where a
Public sidewalk is like-
ly to be built in the
future, there must be
at least 25 feet of
driveway length
between the entrance
of the garage or car-
port and the likely
location of a future
public sidewalk, as
determined by the
City.
b. The resulting garage
or carport location
and driveway length
will not compromise
public safety along the
fronting street or alley.
B. Amend subsection 14 -4B -1A
by adding a paragraph 22, as
follows:
22.A modification of the
required driveway length in
single family zones accord-
ing to the provisions set
forth in 14- 2A -6C -4.
SECTION II. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of
the Ordinance shall be adjudged to
be invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a
whole or any section, provision or
part thereof not adjudged invalid
or unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication.
Passed and approved this 18th
day of October, 2011.
s/Matthew J. Hayek
Attest: s /Marian K. Karr, City
Clerk
PC451 47 October 27, 2011
X "P
"` MOWN
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4452 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
K. Voparil
Deputy City Clerk
Printer's Fee $ • -?-
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
i
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, KbA E2. Sw 61'77,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper l
time(s), on the following date(s):
D c.t—o BFI L'1 Lo I 1
Legal C k
Subscribed and sworn to
before me this D--74-day of
A.D. 20
Ljl 11 lc
i Cormission Number 732619
• My Commission Expires
• a.► Janun 27, 2014 I
OFFICIAL PUBLICATION OFFICIAL NUbLIUAI 1Ury
ORDINANCE NO. 11 -4452
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4A, USE CATEGORIES, TO ADD A NEW
USE CATEGORY ENTITLED, "BUILDING TRADE USES" AND ASSOCIATED AMENDMENTS TO ALLOW
SAID BUILDING TRADE USES IN THE CIA, 1 -1, AND 1 -2 ZONES AS PERMITTED USES AND IN THE CC -2
ZONE AS PROVISIONAL USES AND TO ESTABLISH APPROVAL CRITERIA FOR SAID PROVISIONAL
USES IN ARTICLE 14 -4B.
WHEREAS, the zoning code contains a use classification system that categorizes land uses on the basis of
common functional, product, or physical characteristics. These use categories provide a systematic basis for
assignment of present and future uses to zoning districts within the city; and
WHEREAS, the Industrial Service Use category includes firms that are engaged in the repair or servicing of
industrial, business or consumer machinery, equipment, products, or by- products; and
WHEREAS, building contractor's facilities are listed as an example of an industrial service use, however, there
are a broad range or building contractor's facilities, some of which function and have physical characteristics
similar to office uses, with only minor indoor storage or fabrication activities, and do not include the types of
externalities sometimes associated with heavier construction contractors or industrial service businesses; and
WHEREAS, less intensive building contractor businesses may be a good fit within the city's general commer-
cial areas and should not be restricted solely to intensive commercial and industrial zones; and
WHEREAS, it is in the best interests of the city to establish a new use category if there is a group of uses that
cannot be clearly classified into an existing land use category, but for which there is a desire to systematically
assign said uses to appropriate zoning districts throughout the city; and
WHEREAS, the Planning and Zoning Commission recommends approval of the following code amendments
to establish a new land use category for "building trade uses" and assign said uses to appropriate zoning dis-
tricts within the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend Title 14, Tables 2C -1 and 2D -1, by inserting a new row within each of said tables labeled, "Building
Trade Uses" and indicating that said "Building Trade Uses" are a permitted use (P) in the CI -1, 1 -1, and 1 -2
Zones, and a provisional use (PR) in the CC -2 Zone, as shown below in the relevant excerpts from the
aforementioned tables:
Table 2C -1 - Principal Uses Allowed in Commercial Zones
USE CATEGORIES
SUBGROUPS
CO -1
CN -1
CH -1
CI -1
CC -2
CB -2
CB -5
CB -10
U
Commercial Uses
Building Trade Uses
P
PR
Table 2D -1 - Principal Uses Allowed in industrial and Research Zones
USE CATEGORIES
SUBGROUPS
I -1
I-2 DPCI -1
ORP
Commercial Uses
Building Trade Uses
P
P
B. Amend Title 14, Table 5A -2, by inserting a new row labeled "Building Trade Uses" and under the "Parking
Requirement" column, inserting a minimum parking requirement for said "Building Trade Uses" as "1 space
per 750 sq. ft. of floor area" and under the "Bicycle Parking" column, insert, "None required," in the new
row established for Building Trade Uses, as shown below in the relevant excerpt from the Table 5A -2:
Table 5A -2: Minimum Parking Requirements for all zones, except the CB -5 and CB -10 Zones
USE CATEGORIES
SUBGROUPS Parking Requirements
Bicycle Parking
Commercial Uses
Building Trade Uses 1 space per 750 sq. ft. of floor area None required
C. Amend Section 14 -4A -4, Commercial Use Categories, by adding the following subsection, which shall be
inserted in alphabetical order with the other subsections re- lettered accordingly:
Building Trade Uses
Characteristics
Building Trade Uses are characterized by firms who undertake activities of a type that are special-
ized either to building construction or to both building and non - building construction projects. These
specialized trade contractors may work on subcontract from the general contractor, performing only
part of the work covered by the general contract, or they may work directly for the owner of the
building or project. Building trade contractors primarily perform their work at the site of construction,
although they also may have shops where they perform work incidental to the job site.
Examples
Electrical, plumbing, heating, and air conditioning contractors, painting and wall papering services,
masons, stone and tile setters, glass and glazing services.
Accessory Uses
Off - street parking, workshops, storage.
Exceptions
a. Contractors and others who perform services off -site are included in the Office Use category if
large equipment and materials are not stored indoors or outdoors on the site, and fabrication,
or similar work, is not conducted on the site.
b. Businesses that repair and install glass in automobiles, trucks and other vehicles are classified
as Vehicle Repair Uses.
c. Uses specializing in heavy construction work, or that include major fabrication or assembly
activities, or that store large quantities of materials on -site will be classified as Industrial
Service, Manufacturing and Production, and /or Warehouse and Freight Movement depending
on the particular characteristics of the use (See 14 -4A -2 Classifying Uses).
d. Artisans and artists that manufacture or assemble goods made of wood, glass, metal, tile, stone
or similar that are intended for sale to the general public are categorized as Cottage Industries,
as defined in Article 14 -9A, General Definitions.
U. Amend subsection 14- 413-41B, Commercial Uses, by adding the following paragraph 4, and re- numbering
the current paragraph 4 and all paragraphs that follow accordingly:
4. Building Trade Uses in the CC -2 Zone
a. All aspects of the operation must be conducted indoors; and
b. Except for fleet vehicle parking, outdoor storage of materials or equipment is not allowed.
E. Delete paragraph 14- 4A -5A -2, and substitute in lieu thereof:
2. Examples
Facilities, yards, and preassembly yards for construction contractors; welding shops; machines
shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of
heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks;
exterminators; fuel oil distributors; solid fuel yards; laundry, dry- cleaning and carpet cleaning plants;
schools for industrial trades.
F. Delete subparagraph 14- 4A- 5A -4a., and substitute in lieu thereof:
a. Building contractors who primarily perform services off -site are included in the Building Trade
Uses category. However, contractors and others who perform services off -site are included in the
Office Use category if large equipment and materials are not stored indoors or outdoors on the site,
and fabrication, or similar work, is not conducted on the site.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publica-
tion.
Passed and approved this 18th day of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
PG -05146
October 27, 2011
I
=z'z -4
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4453 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
k
Julie . Voparil
Deputy City Clerk
Printer's Fee $,�
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, 90609 Sw g-9T
(MPH)
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper _L_
time(s), on the following date(s):
35
From a point 300 feet north of the inter-
Legal C k
Subscribed and sworn to
before me this D__�41i1ay of
Notary Public
„t
LINDA KROTZ
Corllmission Number 732619
• •
My Commission Expires
��
January 27. 2014
OFFICIAL PUBLICATION OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4453
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD,"
SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B,
ENTITLED "EXCEPTIONS"
WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for
North Dodge Street (Iowa Highway 1); and
WHEREAS, it is in the best interest of the City to define maximum allow-
able speeds for all vehicles on public streets and highways;
WHEREAS, the City Engineer recommends the speed limit on North
Dodge Street (Iowa Highway 1) from a point 300 feet north of Prairie Du
Chien Road to a point 315 feet north of Conklin Lane be designated 35
miles per hour; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules
of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B,
entitled "Exceptions" is hereby amended by deleting the following
-Name of Street
Maximum
Where Limit Applies
Iowa Highway 1
Speed omit
From a point 315 feet north of the inter-
(MPH)
section of Conklin Lane to a point 670 feet
Iowa Highway 1
45
From the intersection of North Dubuque
Road to a point 600 ft south of city limits.
and replacing it with the following language:
Name of Street
Maximum
Speed limit
(MPH)
Where Limit Applies
Iowa Highway 1
45
From a point 315 feet north of the inter-
section of Conklin Lane to a point 670 feet
north of the intersection of Northgate
Drive.
Iowa Highway 1
35
From a point 300 feet north of the inter-
section of Prairie du Chien Road to a point
315 feet north of the intersection of
Conklin Lane.
SECTION II, REPEALER. All ordinances and parts of ordinances In comllcc
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 adjudi-
cation shall not affect the validity of the Ordinance as a whole or any sec-
tion, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV EFFECTIVE DATE. This Ordinance shall be effective upon
publication.
Passed and approved this 18th day of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
PC-85158 October 27, 2011
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4454 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
Ju-14 K. Voparil
Deputy City Clerk
Printer's Fee $ -2- 3
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
1, 8661,9 '5 v A& 06 ,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
0G-"g0-1Z Z-7. 1041
Legal Cle
Subscribed and sworn to
before me this D:41'day of
A.D. 20-11
Notary Public
LINDA KROTZ
G Commission Number 732619.
My Commission Expires
• ow• January 27. 2014
OFFICIAL PUBLICATION
ORDINANCE NO.11 -4454
AN ORDINANCE PROVIDING
THAT GENERAL PROPERTY
TAXES LEVIED AND
COLLECTED EACH YEAR ON
ALL PROPERTY LOCATED
WITHIN THE TOWNCREST
URBAN RENEWAL AREA, IN
THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE
OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF
IOWA, CITY OF IOWA CITY,
COUNTY OF JOHNSON, IOWA
CITY COMMUNITY SCHOOL
DISTRICT AND OTHER TAXING
DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT
OF PRINCIPAL AND INTEREST
LOANS, REBATES, GRANTS,
�NIES ADVANCED TO AND
�BTEDNESS INCLUDING}
BONG& ISSUED OR TO BE
ISSUED; INCURRED BY SAID
CITY IN CONNECTION WITH
THE TOWNCREST URBAN
RENEWAL PLAN.
WHEREAS, the City Council of the
City of Iowa City, Iowa, after public
notice and hearing as prescribed
by law and pursuant to Resolution
No. 10 -509 passed and approved
on the 7th day of December, 2010,
adopted an Urban Renewal Plan
(the "Urban Renewal Plan ") for an
urban renewal area known as the
Towncrest Urban Renewal Area,
(the "Urban Renewal Area "), which
Urban Renewal Area includes the
lots and parcels located within the
area legally described as follows:
Lots 1 -4, Block 5; Block 6; Lots
1 -4, Block 7; the N 100' of Lot 1 &
the E 22' of the N 100' of Lot 2,
Block 14; and the S 75' of Lot 8 &
the E 10' of the S 75' of Lot 7,
Block 15, and to the centerline of
all adjacent rights -of -way, East
Iowa City Subdivision, Iowa City,
Iowa, according to the plat thereof;
and
Lots 5 -19, Block 1; Lots 8 -10,
Block 2; and Lots 7 -9, Block 3, and
to the center line of all adjacent
rights -of -way, Towncrest Addition,
Iowa City, Iowa as shown on the
plat thereof recorded at Book 4,
Page 323 of the Johnson County
Recorder; and
Commencing at the northwest
corner of Lot 12, Block 1, Towncrest
Addition, then north 200', then east
107.5', then south 200', then west
107.5', and to the centerline of the
adjacent rights -of -way; and
Blocks 1 & 2, and Lots 1 & 2,
Block 3, and to the centerline of all
adjacent rights -or -way, Towncrest
Addition Part Two Revised, Iowa
City, Iowa, as shown on the plat
thereof recorded at Book 6, Page 6
of the Johnson County Recorder;
and
Commencing at the NE corner of
Lot 1, Block 1, Towncrest Addition
Part Two Revised, thence E 160',
thence S 148', thence W 160',
thence N 148', and to the center-
line of the adjacent Muscatine
Avenue right -of -way; and
The real estate north of and adja-
cent to Muscatine Avenue between
First Avenue and Waters First
Addition, excluding the Memory
Gardens Cemetery: and
WHEREAS, expenditures and
indebtedness are anticipated to be
incurred by the City of Iowa City,
Iowa in the future to finance urban
renewal project activities carried
out in furtherance of the objectives
of the Urban Renewal Plan; and
WHEREAS, the City Council of the
City of Iowa City, Iowa desires to
provide for the division of revenue
from taxation in the Urban Renewal
Area, as above described, in accor-
dance with the provisions of
Section 403.19 of the Code of
Iowa, as amended.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Section 1. That the taxes levied
on the taxable property in the
Urban Renewal Area legally
described in the preamble hereof,
by and for the benefit of the State
of Iowa, City of Iowa City, County
of Johnson, Iowa City Community
School District, and all other taxing
districts from and after the effective
date of this Ordinance shall be
divided as hereinafter provided.
Section 2. That portion of the
taxes which would be produced by
the rate at which the tax is levied
each year by or for each of the tax-
ing districts upon the total sum of
the assessed value of the taxable
property in the Urban Renewal
Area, as shown on the assessment
roll as of January 1 of the calendar
year preceding the first calendar
year in which the City of Iowa City
certifies to the County Auditor the
amount of loans, rebates, grants,
advances, indebtedness, or bonds
payable from the division of prop-
erty tax revenue described herein,
shall be allocated to and when col-
lected be paid into the fund for the
respective taxing district as taxes
&, or.,, for the taxing district into
which all other property taxes are
paid.
Section 3. That portion of the
taxes each year in excess of the
base period taxes determined as
provided in Section 2 of this
Ordinance shall be allocated to and
when collected be paid into a spe-
cial tax increment fund of the City
of Iowa City, Iowa hereby estab-
lished, to pay the principal of and
interest on loans, grants, rebates,
monies advanced to, indebted-
ness, whether funded, refunded,
assumed or otherwise, including
bonds or obligations issued under
the authority of Section 403.9 or
403.12 of the Code of Iowa, as
amended, incurred by the City of
Iowa City, Iowa, to finance or refi-
nance, in whole or in part, urban
renewal projects undertaken within
the Urban Renewal Area pursuant
to the Urban Renewal Plan, except
that taxes for the payment of
bonds and interest of each taxing
district shall be collected against all
taxable property within the Urban
Renewal Area without any limita-
tion as hereinabove provided.
Section 4. Unless or until the total
assessed valuation of the taxable
property in the Urban Renewal
Area exceeds the total assessed
value of the taxable property in the
Urban Renewal Area as shown by
the last equalized assessment roll
referred to in Section 2 of this
Ordinance, all of the taxes levied
and collected upon the taxable
property in the Urban Renewal
Area shall be paid into the funds for
the respective taxing districts as
taxes by or for said taxing districts
in the same manner as all other
property taxes.
Section 5. At such time as the
loans, advances, indebtedness,
bonds and interest thereon of the
City of Iowa City, Iowa referred to in
Section 3 hereof have been paid,
all monies thereafter received from
taxes upon the taxable property in
the Urban Renewal Area shall be
paid into the funds for the respec-
tive taxing districts in the same
manner as taxes on all other prop-
erty.
Section 6. All ordinances or parts
of ordinances in conflict with the
provisions of this Ordinance are
hereby repealed. The provisions of
this Ordinance are intended and
shall be construed so as to fully
implement the provisions of
Section 403.19 of the Code of
Iowa, as amended, with respect to
the division of taxes from property
within the Urban Renewal Area as
described above. In the event that
any provision of this Ordinance
shall be determined to be contrary
to law, it shall not affect other pro-
visions or application of the
Ordinance which shall at all times
be construed to fully invoke the
provision of Section 403.19 of the
Code of Iowa with reference to the
Urban Renewal Area and the terri-
tory contained therein.
Section 7. This Ordinance shall be
in effect after its final passage,
approval and publication as pro-
vided by law.
Passed and approved this 18th
day of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, City Clerk
October 27, 2011
PC-N159
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(3 19) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4455 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of
October, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on October 27, 2011.
Dated at Iowa City, Iowa, this 9th day of November 2011.
K. Voparil
Deputy City Clerk
Printer's Fee $ r�C). —AL 3-
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Sits 2
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper /
time(s), on the following date(s):
&--no 11 r 2 o c (
Legal Cler
Subscribed and sworn to
before me this D -4-day of
A.D. 20 1
Notary Public
Fiat a LINDA KROTZ
Z� Coninnission Number 732619!
My Commission Expires
Hoary 27 2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4455
AN ORDINANCE AMENDING
CITY CODE TITLE 17, ENTITLED
"BUILDING AND HOUSING,"
CHAPTER 12, ENTITLED
"APPEALS," TO ELIMINATE THE
COMPOSITION REQUIREMENTS
OF THE BOARD OF APPEALS.
WHEREAS, the appeals proce-
dure for the Building Code,
Plumbing Code, Mechanical Code,
and Fire Code includes the compo-
sition of the Board of Appeals;
WHEREAS, the composition need
not be contained within the City
Code; and
WHEREAS, the City Council
believes that it is in the best inter-
est of the City of Iowa City to adopt
this amendment.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AMENDMENT. Title
17, entitled "Building and Housing,"
Chapter 12, entitled "Appeals,"
Section 1 is hereby amended by
deleting it in its entirety and substi-
tuting in lieu thereof the following
new Section 1:
A Board of Appeals is established.
Members shall be appointed by the
City Council. The number of Board
members, the terms, and eligibility
requirements shall be set forth in
by -laws, which are approved by
City Council
RFcTION II REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provision of this
Ordinance are hereby repealed.
& GTION III SEVEMBILITY. 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.
&LMQN IV EFFFGTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval
and publication, as provided by
law.
Passed and approved this 18th
day of October, 2011.
s/Matthew J. Hayek, Mayor
Attest: s/Marian K. Karr, Cify Clerk
Pc -65160 October 27, 2011
I r j
�tIII
Lila
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4456 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of
November, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 1, 2011.
Dated at Iowa City, Iowa, this 5th day of January 2012.
K. Voparil
Deputy City Clerk
Printer's Fee $ S
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
1, Ram 5t,�.,
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
Legal Cle
Subscribed and sworn to
b e me this ion day of
A.D. 20—/4_.
��
N
GTC4a� �� LINDA KROTZ j
Commission Number 732619,
t My Commission Expires
a�• I January 27, 2014
OFFICIAL PUBLICATION b
b. All individual
dwelling units and
ORDINANCE NO. 11 -4456 d
any communal
AN ORDINANCE AMENDING a
space must s
TITLE 14, ZONING CODE, s
s-
ARTICLE 2B -8, SPECIAL h
sible, as defined
PROVISIONS, BY ADDING A s
in P
SUBSECTION C TO PROVIDE A t
Administrative
TWENTY-FIVE PERCENT A
I r
IM
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.Icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4457 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of
November, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 1, 2011.
Dated at Iowa City, Iowa, this 5th day of January 2012.
JuI4 K. Voparil
Deputy City Clerk
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, Ram S�
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS- CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper
time(s), on the following date(s):
DEIi1151^n 6 #A /_ 10 !(
Legal Cle
Subscribed and sworn to
before me this 1_¢_4' day of
A.D. 20 11
Notary Public
LINDA KROTZ
o Commission Number 73261
My Commission Expires
ar►
january 27, 2014
OFFICIAL PUBLICATION
Point of Beginning. Said Parcel
ORDINANCE NO. 11 -4457
contains 2.73 acres.
AN ORDINANCE AMENDING
SECTION ll. ZONING MAP. The
THE PLANNED DEVELOPMENT
Building Inspector is hereby autho-
OVERLAY HIGH DENSITY
rized and directed to change the
SINGLE FAMILY (OPD /RS -12)
zoning map of the City of Iowa City,
PLAN FOR 2.73 -ACRES OF
Iowa, to conform to this amend -
LAND LOCATED AT 2785, 2829
ment upon the final passage,
AND 2871 HEINZ ROAD.
approval and publication of this
(REZ11- 00013)
ordinance by law.
WHEREAS, On August 16, 2005
SECTION III. CERTIFICATION
the City Council adopted
AND RECORDING. Upon passage
Ordinance Number 05 -4171
and approval of the Ordinance, the
approving a Planned Development
City Clerk is hereby authorized and
Overlay (OPD) Plan for portions of
directed to certify a copy of this
Saddlebrook Addition Part 1, Lot 3;
ordinance and OPD Plan and to
and
record the same, at the office of the
WHEREAS, the applicant, Mane
County Recorder of Johnson
Gate LLC, has requested a rezon-
County, Iowa, at the owner's
ing to amend the Planned
expense, all as provided by law.
Development Overlay High Density
SECTION IV, REPEALER. All
Single Family (OPD /RS -12) Plan for
ordinances and parts of ordinances
Portions of Saddlebrook Addition
in conflict with the provisions of
Part 1, Lot 3, located at 2785,
this Ordinance are hereby repealed.
If
2829 and 2871 Heinz Road to
allow ground floor residential uses
SECTION V SEVERABILITY.
any section, provision or part of the
in lieu of commercial space and to
Ordinance shall be adjudged to be
remove the requirement to build 20
invalid or unconstitutional, such
adjudication shall not affect the
garage spaces shown on the origi-
nal approved OPD Plan; and
validity of the Ordinance as a whole
WHEREAS, the Planning and
or any section, provision or part
Zoning Commission. has the
thereof not adjudged invalid or
reviewed the proposed amend-
unconstitutional.
ments to the OPD Plan and has
SECTION VI EFFECTIVE DATE.
This Ordinance shall be in effect
recommended approval.
NOW, THEREFORE, BE IT
after its final passage, approval
ORDAINED BY THE CITY
and publication,. as provided by
COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
law.
Passed and approved this 22nd
SECTION I APPROVAL. The
day of November, 2011
amended OPD Plan, attached
s/Matthew J. Hayek, Mayor
Attest: K. Karr, City Clerk
hereto and incorporated herein by
s/Marian
this reference, for the property
December 1, 2011
described below is hereby
PC -65367
approved:
A portion of the Lot 3 of the
Saddlebrook First Addition, Part 1
in Iowa City, Iowa as recorded in
Recorder's Plat Book 37 - Page 94
lying in the E 1/2 SW 1/4 and the
SE 1/4 of Section 24, 179 N., R. 6
W., of the 5th P.M., Johnson
County, Iowa, described as fol-
lows: Beginning at the NW Corner
of said Lot 3; thence N89 °56'44 "E
- 235.51 feet along the north line of
said Lot 3; thence S09 °42'27 "E -
349.64 feet along east line of said
Lot 3; thence southerly - 91.85 feet
along said east line of Lot 3 along a
2007.00 foot radius curve concave
easterly with a central angle of
2 °37'19" and a chord of
S11 001'07 "E - 91.84 feet; thence
S89 °38'31 "W - 311.34; thence
N00 °05'24 "W - 436.50 feet along
the west line of said Lot 3 to the
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14 7A
CITY OF IOWA CITY
410 East Washington Strcet
Iowa City, Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4458 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of
November, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 1, 2011.
Dated at Iowa City, Iowa, this 5th day of January 2012.
Julie Voparil
Deputy City Clerk
Printer's Fee $ L- Li , S �)-
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
I, g DL >Eif, L4Q'f!Zf
„L
being duly sworn, say that I am
the legal clerk of the IOWA CITY
PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I
time(s), on the following date(s):
AA $ Gam• l . 201L
except for extra rider stipulations
SECTION 5 -2 -1, "DEFINITIONS;
and clean up rates, are prohibited.
Legal Cle
Subscribed and sworn to
be re me this ib�j"`_ day of
, 1—,,A- A.D. 20 1/
P1
G4�UL �� 71SN KROTZ
CoNumber 732619,
Z sslon Expires
oa► I January 27 2014
5 -2 -7: RATES; HOURS;
OFFICIAL PUBLICATION
COMPLAINTS:
ORDINANCE NO. 11 -4458
3. Rates must be based on time,
ORDINANCE AMENDING TITLE
distance, or a combination thereof.
5, ENTITLED "BUSINESS AND
A rate based on distance includes
LICENSE REGULATIONS,"
destination rates. A rate based on
CHAPTER 2, ENTITLED
time must utilize a taximeter. All
"TAXICABS," BY ADDING THE
other rates, charges, or fees,
DEFINITION OF CALIBRATOR TO
except for extra rider stipulations
SECTION 5 -2 -1, "DEFINITIONS;
and clean up rates, are prohibited.
AMENDING SECTION 5 -2 -2 TO
Only one rate may be certified by
CLARIFY COMPANY
the calibrator at one time, and said
RESPONSIBILITY WHEN A
rate must match the rate card filed
VEHICLE IS NO LONGER
in the city clerk's office and verified
OPERATING AS A TAXI;
by the city equipment superinten-
AMENDING SECTION 5 -2 -7 TO
dent or designee.
PROVIDE PROVISIONS FOR ONE
5- 2- 8:VEHICLEREOUIREMENTS:
RATE PER COMPANY PER
A. Lettering Required: Each
CALIBRATION FORM; AND
taxicab shall have the name
SECTION 5 -2 -8 BY REMOVING
of taxicab business on each
THE OPTION OF OWNER NAME
side of the vehicle in letters
INSTEAD OF BUSINESS NAME.
at least two inches (2 ") in
WHEREAS, City Code sections
height. Pedicabs and
5 -2 -1 established definitions for
horsedrawn vehicles may
enforcement of a taxicab ordi-
use lettering smaller than
nance; 5 -2 -2 establishes require-
two inches (2 "). Removable
ments for operating a taxicab busi-
signs shall not be allowed.
ness; 5 -2 -7 sets out provisions for
SECTION II. REPEALER. All ordi-
rates and rate changes; and 5 -2 -8
nances and parts of ordinances in
sets out provisions for vehicle
conflict with the provision of this
requirements; and
Ordinance are hereby repealed.
WHEREAS, City Council wishes
SECTION III. SEVERABILITY. If
to define calibrator, establish com-
any section, provision or part of the
pany responsibility for vehicles no
Ordinance shall be adjudged to be
longer meeting the requirements to
invalid or unconstitutional, such
be licensed, clarify one rate per
adjudication shall not affect the
company per rate card and outline
validity of the Ordinance as a whole
procedures for rate changes; and
or any section, provision or part
WHEREAS, it is in the best inter-
thereof not adjudged invalid or
est of the City to amend current
unconstitutional.
regulations for "taxicabs ".
SECTION IV. EFFECTIVE DATE.
NOW, THEREFORE, BE IT
This Ordinance shall apply to taxi -
ORDAINED BY THE CITY
cab business licenses effective
COUNCIL OF THE CITY OF CITY,
March 1, 2012 and inspections that
IOWA:
apply to licenses issued for the
&LJQN_LM&EUW_ENT_&
time period beginning March 1,
1. Title 5, entitled "Business
2012.
and License Regulations,"
Passed and approved- this 22nd
Chapter 2, entitled
day of November, 2011.
"Taxicabs," is hereby
amended as follows:
s/Matthew J. Hayek, Mayor
5 -2 -1: DEFINITIONS.
Attest: s /Marian K. Karr, City Clerk
CERTIFIED CALIBRATOR:
Individual who possesses a certifi-
Pc -95371 December 1, 2011
cate showing completion of a taxi-
meter calibration course. Said cer-
tificate must state the individual
qualifications to program, calibrate,
repair and maintain a taximeter.
Said certificate must also include
the name of the meter
manufacturer(s), and models for
which the individual is qualified to
calibrate. Said certificate must be
filed with the city equipment super-
intendent or designee for all vehi-
cles starting with the 2012 licens-
ing year.
5 -2 -2: TAXICAB BUSINESS
LICENSE; VEHICLE DECALS:
D. DECALS
3. Issuance Or Denial Of
Decal; Nontransferability:
d. The applicant shall return
the decal and remove the
bubble light and lettering
immediately when the
vehicle is no longer oper-
ating as a taxicab.
Failure to comply with
this provision is grounds
to revoke the taxicab
business license.
i r
q
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4459 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of
November, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 1, 2011.
Dated at Iowa City, Iowa, this 5th day of January 2012.
Jul1 Voparil �T-
Deputy City Clerk
Printer's Fee $ 30, a
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS- CITIZEN
FED.ID #42- 0330670
I, 90g f, Swi�R�fZ,.
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper I
time(s), on the following date(s):
OF_JE,vIR I, 20 r`l
0
Legal Cl r -
Subscribed and sworn to
bef e me this Le"t"" day of
A.D. 20–LL—.
KUI�
*Jke or ,mission N umber 73261 My Commission Expires Janua 27,2014
OFFICIAL PUBLICATION
ORDINANCE NO. 11 -4459
CONSIDER AN 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
AMENDING SECTION 1 -8 -3
"DEPARTMENT HEADS" TO
ESTABLISH A RESIDENCY
REQUIREMENT FOR
DEPARTMENT HEADS
WHEREAS, some restructuring
within the City organization has
resulted in name changes to
departments and their department
head;and
WHEREAS, the City has tradition-
ally required City department heads
to live within Iowa City's boundar-
ies as a condition of employment;
and
WHEREAS, the City Manager rec-
ommends this ordinance amend-
ment to accurately reflect the
names of departments and the
titles of said department heads
within the City as well as to codify
the past practice of requiring
department heads to live within
Iowa City municipal limits.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT
SECTION I. The Code of
Ordinances of the City of Iowa City,
Iowa is hereby amended as follows:
A. Title I, "Administration ",
Chapter 8, "Administrative
Service Departments ", Section
1 -8 -1, "Administrative Service
Departments Organized ", shall
be amended by striking
"Department of human rela-
tions" and "Assistant city man-
ager" and replacing
"Department of parking and
transit" with "Department of
transportation services" and
replacing "Director of parking
and transit" with "Director of
transportation services ".
B Title I, "Administration ",
Chapter 8, "Administrative
Service Departments ", Section
1 -8 -3 "Department Heads"
shall be amended by the addi-
tion of the following:
G. Reside within the municipal
limits of the City of Iowa City.
These residency requirements
are a condition of employment.
SECTION ll. REPEALER. All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If
any section, provision or part of the
Ordinance shall be adjudged to be
invalid or unconstitutional, such
adjudication shall not affect the
validity of the Ordinance as a whole
or any section, provision or part
thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication.
Passed and approved this 22nd
day of November, 2011.
s/Matthew J. Hayek, Mayor
Attest: r./Marian K. Karr, City Clerk
Pc -&5w6 December 1, 2011
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www,icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 11 -4460 which was
passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of
December, 2011, all as the same appears of record in my office and published in the Iowa City
Press - Citizen on December 15, 2011.
Dated at Iowa City, Iowa, this 5th day of January 2012. \\\\
Jull Voparil
Deputy City Clerk
yL (.Q)
Printer's Fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA,
JOHNSON COUNTY, SS:
THE IOWA CITY PRESS - CITIZEN
FED.ID #42- 0330670
AV, -r2-,.
being duly sworn, say that I am
the legal clerk of the IOWA CITY
•PRESS - CITIZEN, a newspaper
published in said county, and
that a notice, a printed copy of
which is hereto attached, was
published in said paper __L-
time(s), on the following date(s):
DEG15AABag 15, .toll
Legal Cl
Subscribed and sworn to
me this 1_5.74"'day of
A.D.
Notar
G'c«<�f LINDAKRCITZ
Commission Number 732619
Y My Commission Expires
o�• January 27, 2014
e 5 � �.�
OFFICIAL PUBLICATION
WHEREAS, more than thirty days
has now passed since the public
ORDINANCE NO. 11 -4460
hearing on the creation of the
ORDINANCE AMENDING TITLE
Proposed District was closed, and
3, "FINANCE, TAXATION AND
petition containing the requisite
FEES "OF THE CITY CODE TO
number of signatures that would
ADD A NEW CHAPTER
require the matter withdrawn
ESTABLISHING THE IOWA CITY
from Council consideration ion has not
DOWNTOWN SELF - SUPPORTED
been filed with the City Clerk
MUNICIPAL IMPROVEMENT
opposing the creation of the
DISTRICT (SSMID) PURSUANT
District.
TO THE PROVISIONS OF TO
NOW THEREFORE, IT
CHAPTER 386, CODE OF IOWA;
un
ORDAINED, the City Council of
AND PROVIDING FOR THE
w
the City of Iowa City, Iowa,
ESTABLISHMENT OF AN
Section l• That a new Chapter 7
OPERATION FUND AND THE
entitled "Iowa City Downtown Self
LEVY OF AN ANNUAL TAX IN
Supported Municipal Improvement
CONNECTION THEREWITH.
District" shall added to Title 3,
WHEREAS, the City of Iowa City
Y tY
at
"Finances, Taxation and Fees" of
is authorized by Chapter 386, Code
the City Code, as follows:
of Iowa (the "Act ") to create a self-
1. In accordance with Iowa Code
supported municipal improvement
Chapter 386 there is hereby
district in the City, to provide for the
established and created in the
existence and operation of such
City of Iowa City, a self -sup-
district, to provide for the mainte-
ported municipal improve -
nance of improvements or self - liqui-
ment district as defined in the
dating improvements for such dis-
Act, the name of which shall
trict, and to levy taxes with respect
be the "Iowa City Downtown
to such district, all as more specifi-
Self- Supported Municipal
cally defined in the Act; and,
Improvement District" (herein
WHEREAS, a petition (the
the "District ").
"Petition ") was filed with the City
2. The District shall include all
Clerk on August 25, 2011 pursuant
property within the following
to the Act petitioning the City
described boundaries:
Council to create the Iowa City
Downtown Self- Supported
Beginning at the centerline of
Municipal Improvement District (the
Gilbert Street where it intersects
"Proposed District'), to establish an
with the extended centerline of the
operation fund with respect to the
east -west alley between
Proposed District, and to levy an
Bloomington and Davenport Streets
annual tax for such fund for a period
in Block 57;
of four years, all for the purpose of
Thence west along said alley
paying the operational expenses of
centerline to the centerline of
the Proposed District.
Linn Street;
WHEREAS, the Petition is in
Thence south along the Linn
compliance with the provisions of
Street centerline to where it inter -
the Act; and,
WHEREAS, on September 6,
sects with the extended center -
2011, the City Council received the
line the east -west alley
between n Market and
Petition and referred it to the City's
Bloomington Streets in Block 68;
Planning and Zoning Commission
Thence west along the alley
for review in accordance with the
the
terline to where it intersects the
Act; and,
WHEREAS, on October 4, 2011
centerline of Dubuque Street;
the City Council received the report
Thence south along the Dubuque
of the City's Planning and Zoning
Street centerline to the centerline
of Jefferson Street;
Commission on the merit and feasi-
Thence east along the Jefferson
bility of the Proposed District; and,
Street centerline to the sidewalk
WHEREAS, on October 4, 2011,
on the east side of Gilbert Street;
the City Council scheduled a public
Thence south along the western
hearing for November 1, 2011, at
boundary of said sidewalk to its
7:00 P.M., at which it proposed to
intersection with the south
take action for the establishment of
boundary of the east -west alley
the Proposed District, and did direct
between Iowa Avenue and
that notice of such hearing be given
Jefferson Street in Block
in accordance with the Act; and,
ut hern
Thence east along the southern
WHEREAS, notice of the hearing
boundary the alley to the NW
was published in the Iowa City
corner of Loo t Block 45;
Press Citizen on October 13, 2011,
Thence south h along western
and a copy of such notice was
boundary of Lot 6 to where said
mailed by certified mail on October
western boundary extended
13, 2011, to all the owners of record
intersects the centerline of Iowa
of real property located within the
Avenue;
Proposed District as shown by the
Thence west along the Iowa
records of the Johnson County
Avenue centerline to the center -
Auditor, in satisfaction of the notice
line Clinton Street;
requirements of the Act; and,
Thence e south along the Clinton
WHEREAS, at the aforemen-
Street centerline to the centerline
tioned time and place, the City
of Washington Street;
Council did meet and hear all own-
Thence west along the
ers of property in the Proposed
Washington Street centerline to
District and residents of the City
the centerline Capitol Street; ;
desiring to express their views with
a
Thence south along the Capitol
respect to the establishment of the
Street centerline to the southern
Proposed District; and,
WHEREAS, on November 1,
boundary line extended of Lot 4
2011, the City Council closed the
Block 83;
Thence east 1 to the east
public hearing on the creation of the
right -of -way linne e of Clinton
Proposed District and found that
Street:
the Petition and the Proposed
District satisfied the applicable
requirements imposed by the Act;
and,
Thence south to the southwest
comer of Lot 5 Block 82;
Thence east along the southern
boundary of Block 82 to the cen-
terline of Dubuque Street;
Thence north along Dubuque
Street centerline to a point 40'
west and 120' north of the south-
west corner of Lot 5 Block 64;
Thence east to the centerline of
Linn Street;
Thence south along Linn Street
centerline to the southern
boundary of block 63 extended;
Thence east along the southern
boundary of block 63 to the cen-
terline of Gilbert Street;
Thence north along the Gilbert
Street centerline to a point 40'
west of the NW corner of Lot 4
Block 44;
Thence east along the south
right -of -way line of Iowa Avenue
to the NE corner of Lot 3 Block
44;
Thence north to the northern
boundary of the east -west alley
between Iowa Avenue and
Jefferson Street in Block 45;
Thence west along the northern
boundary of said alley to the
eastern boundary of the sidewalk
on the east side of Gilbert Street;
Thence north along the eastern
boundary of said sidewalk and
crossing Jefferson Street to the
northern boundary of the side-
walk on the north side of
Jefferson Street;
Thence west, crossing Gilbert
Street, to the NW corner of
Gilbert and Jefferson Streets;
Thence west along the sidewalk
to the SW corner of Lot 5 Block
59;
Thence north to the centerline of
the east -west alley between
Jefferson and Market Streets;
Thence east along the alley cen-
terline to the SE corner of Lot 4
Block 46;
Thence north to the northeast
corner of Lot 4 Block 46;
Thence north 105' to a point 25'
north of the SE corner of Lot 5
Block 47;
Thence west to the centerline of
Gilbert Street;
Thence north to the point of
beginning, and excepting those
properties zoned Neighborhood
Public, which are as follows:
The north 110' of the west 58.5'
of Lot 4 Block 65
Lots 7, 8, and the east 20' Lot
6 Block 65
The west 58.5' of N 110' of
Lot 4 Block 65
Lot 5 and the west 28.66' of
Lot 6 Block 61
The east 38.3' Lot 6, all of Lot
7, and the west 39.7' of Lot 8
Block 58
3. It is hereby found and deter-
mined that all of the property within
the District is similarly related so
that the present and potential use or
enjoyment of the property is bene-
fitted by the condition, performance
of administration, redevelopment,
revitalization and maintenance of
the District and the owners of prop-
erty in the District have a present
and potential benefit from the con-
dition, performance of administra-
tion, redevelopment, revitalization
and maintenance of the District.
4. Pursuant to the provisions of
the Act, there is hereby established
and created a self - supported
municipal improvement district
operation fund with respect to the
District to be known as the "Iowa
City Downtown Self- Supported
Municipal Improvement District
Operation Fund" (herein the
"Operation Fund "), for which the
City may certify taxes (the
"Operation Tax ") against the prop-
erty, as defined in the Act (excluding
Property assessed as residential
property for property tax purposes),
within the District (the "Property ")
each year, in addition to all other
taxes, commencing with the levy of
taxes for collection in the fiscal year
beginning July 1, 2012 for the pur-
poses of paying the administrative
and operational expenses of the
District, as defined and authorized
in the Act or paying part or all of the
maintenance expenses of "improve-
ments" or "self- liquidating improve-
ments", as defined in the Act, for a
period of four (4) years.
5. The City may disburse the
amounts collected in the Operation
Fund, in accordance with the rec-
ommendations of a SSMID Advisory
Board as described in paragraph 7
of the Petition. Any such disburse-
ments shall be made to a SSMID
Board, as described in paragraph 6
of the Petition and established in
accordance therewith, for one or
more of the following purposes:
a) Development and manage-
ment of activities in support of
marketing, business retention
and attraction, including, but not
limited to:
Establish databases
Space referrals and assistance
Marketing activities, including
media and advertising cam-
paigns and communication
materials
Miscellaneous business support
services
Establishment and promotion of
special events, festivals, and
activities
Further Improvements and
expansion of the Park & Shop/
Bus & Shop Program
b) Physical or other improve-
ments designed to enhance the
image and appearance of the
Proposed District, including, but
not limited to:
Lighting Improvements
Seasonal and decorative
enhancements
Signage and banners
Landscaping
C) To hire a Business
Development Manager and
Assistant Business Development
Manager who will work for the
Board to manage the work of the
Iowa City Downtown Self
Supporting Municipal
Improvement District Board and
to fulfill the intent of the Petition.
6. The rate of the Operation Tax
to be levied annually, in addition to
all other taxes, as aforesaid, shall
not exceed a rate of two dollars ($2)
per one thousand dollars ($1,000) of
taxable value of the Property.
SECTION II. REPEALER, All ordi-
nances and parts of ordinances in
conflict with the provisions of this
Ordinance are herebv repealed.
Poy
SECTION III. SEVEFiABILITY, 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 IVV, EFFECTIVE DATE.
This Ordinance shall be in effect
after its final passage, approval and
publication.
Passed and approved this 6th day
of December, 2011.
s/Ross Wilburn, Mayor Pro tem
Attest: s/Marian K. Karr, City
Clerk
PC- 6000000602 December 15, 2011