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Home My WebLink AboutOrdinances STATE OF IOWA ) )SS JOHNSON COUNTY ) I ~ 1 --= -14 :!:~~!:'t '---';'~"'IIII.'- ~.. CiTY OF IOWA CiTY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org 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. 06-4195 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of January, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 25, 2006. Dated at Iowa City, Iowa, this 10th day of February, 2006. ~.~~'?~ , Jull oparil - Deputy City Clerk :; :' ~ i - . ,,;,,':. ,::-. '~, ~ '\.: .. -. -' ~ . . ~~ ':~.'.~- '" . F'<'......~ , -~.. ..... -,,- Printer's Fee $ q3.~O CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: , THE IOWA CITY PRESS-CITIZEN I FED. ID # 42-0330670 I, ])iOrlfl L.h?'l';c1Q Orlene Maher, 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 I notice, a printed copy of which is , hereto attached, was published in said I paper I times(s), the I on following dates(s): ~ ;)~! :JoolP I I }Jr.o~, '0( ~h;L Legal Clerk , Subscribed and sworn to before me . this ;)C)..J.h. day 0~/hA" O^-1- 1 A.D. 20 OG V~~ I_ Notary Public Id I fjj LINIIII'....,~ I~ c... ,. ,........ 7818 l' . . --:- "':::- ....., If, IP t , , " . It ~~.\\ ~ ~. ()Io-~\'\S-- OFFICIAL PUBLICATION ORDINANCE NO. 06-4195 ORDINANCE AMENDING mLE 10 OF THE CITY CODE. ENTITLED 'USE OF I PUBLIC WAYS AND PROPERTY," , CHAPTER 3. ENTITLED "COMMER- ' CIAL USE OF SIDEWALKS," TO LIMIT , FENCES TO THREE (3) FEET IN ' HEIGHT. TO REQUIRe A p e.a.f::.YI'RI.- AN WALKWAY IF A CAFE EXTENDS INTO ZONE 2 OF THE PLAZA, TO CLARIFY THE DEFINmON OF AMENI- TY. AND TO REQUIRE ANCHORED FENCING EXCEPT IN THE WINTER MONTHS. AND CHAPTER 5, ENTI. TLED nCITY PLAZA,n SECTION 7, ENTITLED "USE OF cln PLAZA," PARAGRAPH A TO CLARIFY THAT SIDEWALK CAFES ARE A PERMIT- TeD COMMERCIAL USE IN CITY PLAZA. WHEREAS, sidewalk cafes are a use of public sidewalks and City Plaza thai require a temporary easement; and WHEREAS, sidewalk cafes currently may be located in both Zones 1 and 2 in City Plaza; and WHEREAS, Zone 1 is the ten (10) foot strip directly abutting the private property ines, Zone 2 is the area not in Zones 10r 3, and Zone 3 is the emergency/service ! ana that runs through the middle of City Plaza; and WHEREAS, the City Code presently requires eight (8) feet of unobstructed space adjacent to the front of sidewalk cafes in City Plaza to ensure a sufficient way for pedestrian travel; WHEREAS, the adjacency requirement creates complications for businesses in City Plaza wishing to have sidewalk cafes due to the presence of benches and othe, obstructions, but is unneces- sary if sidewalk cafes are limited to Zone unless a pedestrian walkway is provid- ed. Zone 3 at its most narrow section still provides over twelve (12) feet of unob- structed way for pedestrian travel; WHEREAS, for reasons of public safety and to enhance design uniformity and aesthetics, the! height of the fencing hould be limited to three (3) feet; and WHEREAS, to facilitate snow removal aT'lChored fencing should not be allowed uring the winter months; and WHEREAS, temporary fencing should at be alrowed after the first year except ' n the winter months; and ~ WHEREAS, although sidewalk cafes resentry cannot use "public amenities,n hat term needs further defining; and WHEREAS, to aid in the processing of : enewals of sidewalk cafe easement ( greements, said agreements should all erminats on the same date; and I WHEREAS, it is in the City's interest adopt these amendments. NOW, THEREFORE. BE IT OROAINED BY THE CITY COUNCIL OF THE CITY OF CITY, ,IOWA: SECTION I AMENDMENTS. Title 10, entitled "Use of PublicWays and Property," Chapter 3, entitled "Com~ercial Use of Sidewalks," Section , 1, entitled "Definitions," is hereby amend- , ed by deleting the definition of "sidewalk f \ cafe" and by substituting in its place the , '- following new definition of 'sid~alk cafe: ' . An outdoor area located tem- \ p?~T1ty on .a public sid~lk contiguous WJth any sJde of a bUlldmg wherein a \ restaurant is located and where food and 1 beverages. ~re taken for consumption by I persons SIttIng or standing at tables in that area. Sidewalk cafes may be located I on a platform on top of a pUblic sidewalk I if the di.rector of public works or designee deter~rllnes there. is excessive slope in I the ~ldeY"alk and approves the design, I and If suitable access is provided for per- I son with disabilities. Fencing shall not be more than three (3) fee1 in height, meas- u!ed from the plane on which the chair I ~l~ to the top of the railing eXCluding tm(als. Permitted sidewalk cates must abide by the requirements and limitations I as determined by city council. , Title 10, entflfed "Use of Pu~lic v:,ays and Property," Chapter 3, \ entitled Commercial Use of Sidewalks. I Section 3, entitled "Use for Sidewalk I Cafes~" .Paragraph A, entitled "Permitted I ,Uses, JS hereby amended by deleting , Subparagraph 2 in its entirety and by I substituting in its place the following new , Subparagraph 2: . Sidewalk cafes in the city J plaza wi!t ~e perr:nitted only in Zone 1 and . Zone 2 .If In conjunction with Zone 1, as th?se. zones are defined in Chapter 5 of this Hie. I Title 10, entitled "Use of I ' Pu~lic "'fays and ,Property," Chapter 3, entll1ed CommercJal Use 01 SjdewaJks. I I Section 3, entitled "Use for Sidewaik . C~fes," Paragraph 8, entitled "Usable I Sidewal~C~f~~rea,"ishereby.amended I \ by .de~~!mg. 1!2.~ Ill; entirety and by.substi- tutlng In lIs place the follOWing new I Paragraph 8: 1. Except in city plaza, a sidewalk cafe area may not extend onto the sidewalk in a.manner that will not allow a minimum of I eight (8) feet of unobstructed sidewalk for ' , pedestrian use on the three sides of the cafe that don't abut the building. However, adjacent sidewalk cafes may I abut each other. In city plaza, there must 1 be a minimum of eight (8) feet of unob- , s~ructed sidewalk between the three Sides of the sidewalk cafe that don't abut I the building and any public elevated J planter. If a sidewalk cafe extends into I Zone 2 there must be a straight unob- structed pedestrian walkway which is at , I least 5 feet wide, through' the cafe in J Zone 1. Said walkway shall be included within the sidewalk cafe area and as ! . such, shall be under the contra! 01 the J I establishment and subject to the annual I fee. The walkway must be delineated in such a manner. that the entire cafe . remains contiguous to the building. In the event that an adjacent establishment : se~ks 1~ locate an abutting sidewalk cafe , entirely In Zone 1 such that said walkway would end at the abutting cafe, within 30 days of written notice from the City said ; walkway must be relocated to Zone 2. I 2. A sidewalk cafe area shall not. be located in street corner areas I defined by building lines extended to the , street and no closer than ten feet (10') _fr9m an alley. I ~. \:)\o-'-\\,\~ ~0 d. \~ ~ 3:8. Except-dUringitle term-;. of the initial easement agreement and f from December 1 to February 28 there- I after, and with the exception of the entrances to the walkway required when a cafe extends into Zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from \ December 1 to February 28, said area ) may be delineated by ropes or some other sUitable method which shall be ' detectlble by pedestrians who are vlsual- IIY Impaired, and In such Instance, tables, chairs and other Items are to be removed l at the end of the day's operation, and the . sidewalk caUl area shall be restored to its j normal condition as a pedestrianway. No I items,shall be stored\on,the,public right- of-way unless the;e is anchored fencing. b. Anchored fencing in a public sidewalk is subject to the approval of the director of public works," or designee. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's opera- tion so that they are unusable and shall not block or obstruct emergency exits. , The owner shall be responsible for any , damages to the sidewalk caused by the .: placement of any anchored fencing. A \ deposit shall be required prior 10 the I placement of any anchored fencing on a public sidewalk and shall be returned when the sidewalk is restored to its prior , condition. The amount of the deposit shall be set by resolution of the city coun- cil. 4. A sidewalk cafe may not utilize or encompass any public ameni- ties, including but not limited to benches, seats, tables, trash receptacles, publiC art, bike racks, water spigots, kiosks, ( posting pillars, and pergolas. A sidewalk cafe in the plaza may encompass trees, tree rings and light poles but may not 1 interfere with the care, maintenance or operation of a tree, tree ring or light pole. l:'_ Access shall be available to the City for care and maintenance of trees, tree rings and light poles at all times. Amenities, including trees, tree rings and light poles shaH be considered obstructions for pur- poses of the requirements in Section 10- 3-3-6(1) for unobstructed walkways. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph C, entitled "Days and Hours of Operation," is hereby amended by deleting Subparagraph 1 in its entirety and by substituting in its place the follow- ing new Subparagraph 1: A publiC right of way easement agree- ment shall be issued from February 1 through January 31. The initial agree- ment may be less than the one year, but shall expire on January 31. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Paragraph E, entitled "Sidewalk Cafe Easement Agreement," is hereby amended by: 1) deleting the last sen- tence of Subparagraphs 1 in its entirety and by substituting in its place the follow- ing new sentence: An annual fee for easement agreements shall be established by council resolution; and 2) deleting subparagraph 5 and substi- tuting the following in lieu thereof: S:-lniUSiOf publicright -of- way permitted in the approved easement agreement shall in no way interfere with access to public or city utilities located ~nd!or operated within the city's public right of way. In addition, each applicant shall be required to provide a certificate of insurance satisfactory to the city, anlj .sha~1 agree to hold the city harmless' against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right-of-way including, but not lim- Ited to, all claims arising from occur- rences or accidents within the sidewalk cafe area, including the walkway through a cafe. Title 10,' entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7 entitled .Use for City Plaza," paragra'ph A is hereby amended by deleting it in its entirety and by substituting in its place the following new Paragraph A: Commercial Use: No com- mercial use of city plaza is allowed . except as authorized in this Title. SECTION ,II. REPEALER All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 1 ~E~TION III. PENALTIES I FOR VIOLATION. The violation of any r .provision of this ordinance is a municipal I Infraction or a simple misdemeanor, SECTION IV S!;VERABILI- IY... 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 mvalid or unconstitutional. SECTION IV. !;FFECTlVE OOE.. This Ordinance shall be In effect ~ft.er its tinal passage, approval and pub-- .' Ilcation, as provided by law. Passed and approved this 17th day of' , January, 2006. slRess Wilburn, Mayor I Attest: slMarian K. Karr, City Clerk 71120 January 25, 2006 I ~ 1 _~= _nil. .I.~---'" ~~~~"!. ~~"'IIII.~~ ......~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319J 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. 06-4196 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of February, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 22, 2006. Dated at Iowa City, Iowa, this yth day of March, 2006. . . ~ . ~:~\,,~\O '\l - Julie. aril '-' . . Deputy City Clerk . ~!. "'~. - ; .... .",.' '- I Printer's Fee $ LI L..'6D CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, being duly sworn, say I 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): r:;~~ ,.0,.:)1 :J/X)t:> )> I.lJA1A-' ~ D ;c~1" . Legal Clerk Subscribed and sworn to before me this :;J.~ day of'-:j .PM'D"! A.D. 2000> . ~A~~- " UNDA~pblic ~ c.....,Jo.A.. Number 732S111 . ~ Myo..,.~1lIs8iaI1 &pIra ....., D. 2lllIlI . I OFFICIAL PUBLICATION ORDINANCE NO. 06-4198 AN ORDINANCE REZONING APPROX- IMATELY 10.41 ACRES FROM LOW \ DENSITY SINGLE-FAMILY RESIDEN- TIAL ZONE (RS-5) TO SENSITIVE AREAS OVERLAY/LOW DENSITY SIN- GLE.FAMllY RESIDENTIAL ZONE (OSAlR5-5) FOR PROPERTY LOCAT- ED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav-Ed Limited has applied for a rezoning of approximately 10.41 acres of property from RS-5 to OSAlRS-5; and WHEREAS, said property is located on the. south side of Melrose Avenue and east of Highway 218; and WHEREAS, the South District Plan identifies the area as appropriate for low 10 medium density single-family residen- tial development; and WHEREAS, the applicant requested a waiver from the subdivision regulation of maximum street length of a cul-de-sac ~ street,'to minimize the disturbance of the sensitive areas on the property and therefore requires the rezoning to sensi- tive area overlay zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval. \ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: \ SECTION I APPROVAL. The property described below is hereby reclassified from Low Density 'Single-Family Residential Zone (RS-5) to Sensitive , Areas Overlay/Low Density Single- 1 Family Residential Zone (OSAlRS-5) I and the associated Sensitive Areas Development Plan is hereby approved: Commencing at the Northeast Corner of the Fractional Northwest Quarter of Section .1 B, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence SB99D07'30"W (A recorded bear- ing), along the North Une of said Fractional Northwest Quarter, 1031:10 feet, to the Northwest Corn~r 9J Galway Hills Subdivision, Part. Two, in accor- dance with the Recorded Plat thereof; Thence ,SOO~D30'OO"E, along the West Line of said Galway Hills Subdivision, Part Two, a distance of 44.00 feet ; Thence S5PD15'OO"W, along said West Line, 201.06'feet to Point of Beginning; Thence S32~D47'55"E, along said West Line, 206.73 feet; Thence S212D37'22"E, ,along said West Line, 542.61 feet; Thence S13~D40'39"E, along said West Line, 85.91 feet; Thence S3PD34'14"W, along said West Line, 70.34 feet; Thence S422Q41 '26"W, along said West Line, 50.00 feet; Thence Southeasterly, 112.56 feet, along said West Line on a 179.64 'foot radiu.s curve, concave Northeasterly, whose 110.73 foot chord bears S652D15'35"E; Thence S06'D47'23"W, along said West line, 155.65 feet, to the Southwest Corner thereof, and a Point on the North line of Galway Hills Subdivision, Part Three, in accordance with the Recorded Plat thereof; Thence I S422D41'26"W, along said North line, I 54.27 feet, to the Northwest Corner , thereof, and a Point on the Easterly -l Right-of-Way line of Primary Road No. I-- I 51B (218); Thence N4PD13'15"W, along said Easterly Right-of-Way Line, 463.34 feet; Thence N412031'43"W, along said Easterly Right-of-Way Line, 162.11 feet; Thence N432D21'50RW, along said Easterly Right-of-Way line; 189.34 feet; Thence N302016'13"W, along said Easterly Right-of-Way Line, 365.14 feet; Thence N252031'06"W, along said fEasterlYRi9ht:Of.W8YUM 1BO 67'feet- to its intersection with the S~utherly Right-of-Way line, 01 Melrose Avenue' Thence ~B82D08'02"E, along said Southerly nght-of-way line, 387.90 feet; I Thence NB~QD47'OO"E, along said , Southerly Rrght-ol-Way Line, 121.65 I, feet, Thenc~ N572D15'OO"E, along said , Southerly.Rrght-of-~ay Line, 35.44 feet, to the Pornt of Begrnning. Said Tract of . Land contains 10.41 acres more or less and is subject to easemen'ts and restric~ ' tions of record. : S.E,?TION II. ZONING MAP. The I BUlldr~g Inspector is hereby authorized I and drrected to change the zoning map , of the City of Jowa City Iowa 10 conform t to this amendment upon th~ final pas- i r sage, approval and publication of this I I ordinance by law. . SECTION IV CERTIFICATION AND' RECORDING Upon passage and approval of the Ordinance and the asse- ; j ciated Se~sitive A.reas Development ~ Plan, ~he Crty Clerk. rs hereby authorized and dJrected to certify a copy of this ordi- ' nance and the Sensitive Areas, Development Plan 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. REPFALEA. All ordi- I nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. . SE~TION VI. ~EVERABrLJlY If any sec~ron, provr-Slon or part of the ~rdl~ance shall be adjudged to be r~valrd or unconstitutional, such adjudica- tron. shall not affect the validity of the I OrdJ~~nce as a whole or any section, l provlsron or part thereof not adjudged ) invalid or unconsti-tutionar. 1 SE~TfON VII. EFFECTIVE DATE This , Ordl-nance shall be in effect after its final I pas~ge, approv-~I and publication, as provrded by law. , Passed and approvecl this 13th day of . February, 2006. . I j sJRoss Wilburn, Mayor . I Attest: slMarian K. Karr City Clerk. . L 71275 February 22, 2006 ------- - - -' I ~ 1 --= -14 :!:~~~'t ~';'~"'IIII.'- ..... .. 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. 06-4197 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of March, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 15, 2006. Dated at Iowa City, Iowa, this 31 st day of March, 2006. ~"''\ ..~ Julie K. jl ~ Deputy City erk .. -..: "-" :. : r~._..;. ~ ,'Ir.,;- -; ..~\.,' .:. :~.... ~~.-.-..' ,- ~ \)~ - l...\l "\"\ r I Printer's Fee $ d--~/JO CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Dian'a Becicka, 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): JJ1 fJA/o JJ IF). d()() lP /) l.;n IJ0 (;;{ J5p A" -<< j~ , Legal Clerk Subscribed and sworn to before me this l'l-J+... day of '1Y1~ A.D. 20 0& OFFICIAL PUBLICATION . ORDINANCE NO. 06-4197 AN ORDINANCE REZONING 1,02 ACRES FROM LOW DENSITY , SINGLE.FAMILY RESIDENTIAL (RS-5) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED AT 3405 ROCHESTER AVENUE WHEREAS, the owner, Three Bulls. l.L.C., has requested rezoning of 1.02 \ acres of property which it owns located south of Rochester Avenue from .its cur- l rent RS-5 designation to Cq-2; and I I WHEREAS, the Planning and Zoning :1 Commission has reviewed the proposed II rezoning and has determined that with appropriate conditions to ensure the i development of this property in aecor. L dance with the neighbor design policies I of the Comprehensive Plan, including the 'I Northeast District Plan, and with previ- , ) sians for infrastructure improvements , and control of vehicular access to " Rochester Avenue, the proposed rezon- ing is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code Section 414.5 , (2005) provides that the City of Iowa City . . may impose reasonable conditions on i granting an applicant s rezoning request, f over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, Three BuUs, L.L.C. acknowl- edges that certain conditions and restric. tions are reasonable to ensure that the eventual development of the property is in accordance with the neighborhood design pOlicies of the Comprehensive Plan, including the Northeast District . Plan, and to ensure adequate infrastruc- ture and street access is provided for the area; and , WHEREAS, Three Bulls, L.L.C. has agreed to use this property in accor- dance with the terms and conditions of a Conditional Zoning Agreement to ensure that' the above-referenced 'I' Comprehensive Plan policies are addressed. blic NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Subject to the .~ terms and conditions of the Conditional I Zonilig Agreement, attached hereto and f incorporated herein, the property described below is hereby reclassified from RS.5 to CC.2: Beginning with an iron pin in the center , of public highway, said iron pin being the i Northwest comer of Section 7, Township 79 North, R!'inge 5 West of the 5th P.M.; ,~ ,.. thence South along the center of said U highway and the West line of said Section 7, 994.6 feet to an iron pin, being the intersection of the West line of said Section 7 and the South line of Iowa Highway No.1; thence in a Northeasterly r direction 34 feet to an iron pin and the place of beginning; thence continuing in a Northeasterly direction along the South line of said Iowa Highway No.1, 149.73 feet to an iron pin; thence South 149.7 ( feet to an iron pin; thence in a Southwesterly direction, parallel to the ' South line of above mentioned Iowa Highway No.1, 149.73 feet to an iron pin; thence North along the East line of public highway 149.7 feet to the place of begin. ning and Commencing with a,n iron pin, said iron pin being the Northwest corner of Section . 7, Township 79 North, Range 5 West, . also a point on the center line of County Highway; thence South along the West I Une of said Section 7 and the centerline .\ of said County Highway, 994.6 feet to the. intersection of the Center line of said ~:J, \ ~ ~ I-County Highway and"ttieSouttlright of. way line of the present State Highway Number 1, thence In a Northeasterly I direction, along the South nght of way hne of saId State HIghway Number 1, 34 , feet to an iron pin; thence South, parallel to the Center line of above mentioned County Highway. 149.7 feet to an iron pin '~and the place of beginning, thence con- tinuing South, parallel to the Center line . of,saidCounty,Highway,~149.7.feet to,ani iron pin, thence in a Northeasterly direc- I tion, paraUel to the South right of way line . of above mentioned State Highway Number 1, 149.73 feet to an iron pin;, thence North parallel to the Center Une of ~ above mentioned County Highway, 149.7/ feel to' an--iron'" pin;,.-thence--Jn-' Southwesterly direction, parallel to the I South right of way line of above men. " tioned State Highway Number 1, 149.73 I f~et to an iron pin and the place of begin. r nlng. The total real estate consists of 1.02 I acres. I SECTION II ZONING MAP The Building: Inspector is hereby authorized and' directed to change the zoning map of the I City of Iowa City, rowa, to conform to this amendment upon the final passage,! approval and publication of this ordi-/ nance as provided by law. i SECTION III CONDITIONAL ZONING j AGREEME'NT Following final passage and approval of this ordinance, the 1-- Mayor.is ,hereby .authorized. ana, directed j to sign, and the City Clerk to attest to and record at the 'owner s expense, the Conditional Zoning Agreement between: the property owner and the City. 1 SECTION IV CERTIFICATION ANDf RECORDING. Upon passage and~ approval of the Ordinance, the City Clerk is hereby authorized and directed to cer. ,tify a copy of the ordinance and to record the same at the office of the County' Recorder of Johnson County, Iowa, at the I owner s expense, all as,provided by law. \ SECTION V REPEALER All ordinances' and parts of ordinances in conflict with"1 the provision oUhis'ordinance are here- by repealed. SECTION VI SFVERABIl ITV If any l section, provision or part of this ordi. nance shall be adjudged to be invalid or I' unconstitutional, such adjudication shall ! i not affect the validity of the ordinance as ' a whole or any section, provision or part ' thereof not adjudged invalid or unconsti- I tutional. , SECTION VII EFFE'CTIVE DATE This' ordinance shall be in effect after its final ! passage, approval and publication, as I required by law. Passed and approved this 7th day of! March, 2006. - j I stRoss Wilbum, Mayor Attest: slMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT , THIS AGREEMENT is made by and r between the CiJ)' of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Three Bulls, LLC. (hereinafter "Applicant"). WHEREAS, Applicant is owner and legal title holder of approximately 1.02 acres of property located south of Rochester Avenue and east of Scott Boulevard; and WHEREAS, the Applicant has requested \ rezoning of this property from Low Density Single Family, RS-5, to Community Commercial, CC-2 ; and ~. -1 . WHEREAS, the Pfanning' 'and .Zonlng: Commission has detennined that, with I appropriate conditions ensuring the f development .of the property in accor. dance with the neighborhood design poli- cies of the Northeast District Plan, and with provisions for street improvements and control of vehicular access to Rochester Avenue, the proposed rezon. ing is in conformance.wilh the Northeast I District Plan, which is pan of the I j Comprehensive Plan; and , WHEREAS, Iowa Code Section 414.5 , , (2005) provides that the City of Iowa City I \. may impose reasonable conditions on I granting an applicant's rezoni':l9 request, I. lover and above existing regulations, in' order to satisfy public needs directly ( caused by the requested change; and, I I WHEREAS, the Applicant acknowledges ~ that 'Certain conditions and restrictions are reasonable to ensure that the devel- opment of the property is in accordance with the neighborhood design policies of the Northeast District Plan and to ensure that adequate streets are in pJace to serve the property; and WHEREAS, the Owners and Applicant have agreed to use this property i~ accordance with the terms and condI- tions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive Plan policies are addressed. NOW, THEREFORE, in consideration of the mutual promises co'ntained herein, the Parties agree as follows: 1. Three Bulls, L.L.C. is the owner and legal titie holder of the property legally described as follows: Beginning with an ir~n. pin i~ the .center. (I of public highway, said Iron pin being the Northwest comer of Section 7, Township , 79 North, Range 5 West of the 5th P.M.; J thence South along the center of said I highway and the West line of said I Section 7, 994.6 feet to an iron pin, being the intersection of the West line of said j Section 7 and the South line of Iowa I Highway NO.1; thence in a Northeasterly , direction 34 feet to an iron pin and the I place of beginning; thence continuing in II a Northeasterly direction along the,South line of said Iowa Highway NO.1, 149.73 j feet to an iron pin; thence South 149.7 feet to an iron pin; thence in a Southwesterly direction, parallel to the South line of above mentioned Iowa Highway No.1, 149.73 feet to an iron pin; thence North along the East line of public highway 149.7 teet to the place of begin- ning and . Commencing with an iron pin, said iron I pin being the Northwest corner of Section '7, Township 79 North, Range 5 -West, also a point on the center line of County Highway; thence South along the W~st line of said Section 7 and the centerlme of said County Highway, 994.6 feet to the intersection of the Center line of said County Highway and the South right of way line of the present State Highway Number 1; thence in a NOrlheasterty direction, along the South right of way line of said State Highway Number 1, 34 feet to an iron pin; thence South, parallel to the Center line of, above mentioned l County Highway. 149.7feet to an iron pin and the place.ot.beginning, thence C?n- , t inuing South, parallel to the Center line of said County Highway, 149.7 feet to an I iron pin, thence in a Northeasterty direc>- tion" parallel.toJhe _South riQht of. way line (:)~- l...\\.,\,\ ~.~\~ f1fabove mentioned -State -H@iway . Number 1, 149.73 feet to an iron pin; thence North parallel to the Center line of 1 .1 above mentioned County Highway, 149.7 I feel to an iron pin; thence in ./ Southwesterly direction, parallel to the South right .of way line of above men- tioned State Highway Num~er 1, 149.73 ~et to an iron pin and the place of begitl-I mng. The total real estate' consists of 1.02 acres. . 2. Owners and Applicant acknowledge t that the City wishes to ensure appropri- ate commercial development that con- forms to the neighborhood design poli- cies contained within the Northeast District Plan. Further, the parties acknowledge that Iowa Code Section ! 414.5 (2005) provides .that the City ~f I I Iowa City may impose reasonable condJ- tions on granting an applicant's rezoning request"over.andabove the,exisUngreg-. . r ulations, in order to satisfy public needs 1 directly caused by the requested change, ! including provisions for adequate infra- ; structure necessary to support urban \ development. Theretore, Owners and i Applicant agree to certain conditions over I and above City regulations as detailed " below. t. 3. In consideration of the City's rezoning the 'subject property, Applicant agrees that development of the subject property win confonn to all other requirements of the zoning chapter, as well as the follow- ing conditions: . . a. Applicant agrees that prelimInary and final plats and site plans for the eventual development of this property will demon- strate compliance with the neighbomood : design policies contained within the ( Comprehensive Plan, including the I Northeast District Plan, and that the City I will take these policies into consideration during its review of said plats and plans. b. Applicant agrees that the property shall. develop in manner consistent with Olde Towne Wlage site plans and wiff include features such as parking lots located behind the buildings and build- ings built at or near the sidewalks I c. Applicant agrees to dedicate to City , 50 feet of right-of-way south of the cen- ( terline of Rochester Avenue along I Rochester Avenue, prior to approval of a I building permit or site plan including any I portion of the Subject property. d. Applicant agrees to install a curb and I gutter along the edge of the existing pavement and an 8-foot wide sidewalk I on the south side of Rochester Avenue in conjunction with the development of the CC-2 property. Applicant agrees that it shalt bear all expense for these improve- I ments and said improvements Shall be constructed in accordance with the City s specifications. e. Applicant agrees that vehicular access to this property will be from I I Westbury Drive. No curb cuts will be per. mitted onto Rochester Avenue. 4. The Applicant acknowledges that the i /-wllulIlurl:; {;urll!l.lneo'llMein-are-~eason- I able conditions to impose on the land ' under Iowa Code Section 414.5 (2005), I and that said conditions satisfy public . needs which aredirectiy caused by the requested zoning change. '~. The Applicant acknowledges that in the event the subject property is trans- ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreem~!'IL __ _ __. ~ _ . r 6.-The parties aCknOwledga- 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 10 the land, unless or , _ until released of record by the City. The t 'parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 7. Applicant dckno_wledges that nothing in this Conditional Zoning Agreement shall be construed to refieve the Owners or Applicant from complying with all appli- cable local, state and federal regulations, 8. The parties agree thai this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adop- tion and publication of the ordinance, this . agreement shall be recorded in the \ JohnSon County Recorder's Office at the Applicant's expense. Dated this 7th day of March, 2006 THREE BULLS, L.L.C. I By: sl Sven T. Larson By: sf Casey Boyd I I CITY OF IOWA CITY , By: slAoss Wilbum, Mayor Attest: slMarian K. Karr City Clerk )69089 _ March 15,~ I ~ 1 --= -....!t .....~...... :!:~W!:i -..::..... _lilii' ....... .. 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. 06-4198 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of March, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 29, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. "'" -' ': '. ~ ~ '. '<"\\'>'0 .~.S> ~ Julie K. paril f"" "-.....J J." . '. Deputy City Clerk "'\.\\ :, ., . ,~ ,2\"/ ~ . - ~':: . ~. ~ ~-,,- . -~ C)<O-~\,\% Printer's Fee $ (gr'J-O '6 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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 fOllOWiI~ date(s): rY\~ .,;Jq;Jn() lJ, . Legal Clerk Subscribed and sworn to before me this---3ISrl'. day of'1l1IlA..L A.D. 20 Ol; y~ ublic ..-.- krlQrz ~ Cuo,..J>J':'I~~8 . . My Cu..Wlh. lI\-"Il .-.-v zt, -- I , OFFICIAL PUBLICATION =] I ORDINANCE NO. 06-4198 I AN ORDINANCE REZONCNG 9.72 i ACRES OF LAND LOCATED WEST OF . ,FOSTER ROAD FROM INTERIM. \ DEVELOPMENT RESIDENTIAL (ID-RS) , : TO PLANNED DEVELOPMENT HOUs.. I I ING,LOW DENSITY SINGLE-FAMILY I I (OPD-5). (REZ05-00023) , . WHEREAS, the applicant, i Westcott Partners, has requested a, : rezoning and approval of a Preliminary I' I Sensitive Areas Development Plan to allow development of two (2) twelve-unit I ,I muUJ-famHy buildings on property located I west of Foster Road and north of White I , Oak Place; and . I \ WHEREAS, the Planning and I Zoning Commission found that the pro- posed Sensitive Areas Development : Plan provides many design features ' [ encouraged by the Comprehensive Plan .1 ' including clustered development, and preservation of woodlands, slopes and . I other environmental features; and WHEREAS, the Planning and I Zoning Commission has found that the I plan is of a scale, massing, and architec- tural style that is compatible with adja- cent residential development, as recom- mendec:t by the ComprehEmsive Plan, : and bUlJdings are designed to minimize , the impact of their vertical height through a combination of exterior building materi- als consisting of. brick, stone, and fiber cement siding; and WHEREAS, the Planning and Zoning Commission has recommended . approval of the proposed Sensitive Areas Development Plan, including variations from the underlying RS-5 zoning to allow for multi-family buildings; and WHEREAS , the Iowa City City Council concurs with the recommen- elations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classi- I lication of Interim Development ,Single- ; Family (ID-RS) to Planned DeveiopmentJ l Overlay-Low Density \ Single-Family ~ldential--(OPO-5)_with-a_SEInsWve Areas Development Plan is hereby approved: A PORTION OF GOVERNMENT LOT 2 LYING IN SECTION 4, TOWNSHJP 79 NORTH, RANGE 6 WEST OF THE 5TH \ PAINCIPAL MERIDJAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, ( ; MORE PARTICULARLY DESCRIBED AS FOLLOWS: . ) AUDITOR'S PARCEL 2005162 1 COMMENCING AT THE NORTHEAST CORNER OF LOT 1 , OAKMONT ESTATES, IOWACIlY, IOWA,ACCORD- ING TO THE RECORDED PLAT THERE- OF, RECORDED IN PLAT BOOK 46 AT PAGE 319 IN THE RECORDS OF THE t f I JOHNSON COUNTY RECORDER; THENCE S88029'53"W, ALONG THE NORTH LINE OF LOTS 1 THROUGH 9 AND ALONG THE NORTH LINE OF OUTLOT 'A' OF SAID OAKMONT ESTATES, 1288 FEET MORE OR LESS TOA POINT ON THE LEFT (OR EAST-' ERL Y) TOP OF BANK OF THE IOWA RIVER (1268.06 FEET TO A FOUND PIN ON THE MEANDERING LINE-DENOT- ED AS POINT A); THENCE NORTH. EASTERLY. ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS , PRACTICABLE THE SINUOUSITIES OF , THE BANK, 990 FEET MORE OR LESS 1 TO A POINT 14:t FEET WESTERLY OF A POINT ON THE MEANDERING LINE (DENOTED AS POINT B), SAID POINT BEING ON THE. SOUTHERLY LINE OF OUTLOT 'B", MACKINAW VlUAGE- PART lWO, IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 48 AT ': :YJ \ ~ ~ .'PAGClOnN-sAIO-RECORDER'S- - RECORDS: THENCE NB7'S9'14'E ALONG SAID SOUTHERLY LINE, 739 FEET MORE OR LESS, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAO. SAID POINT BEING 725.01 FEET ALONG SAID . COURSE FROM SAID POINT S. THENCE SOUTHWESTERLY. 497.74 FEET ALONG SAID WESTERLY RIGHT- OF-WAY LINE AND AN ARC OF 385.00 I FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 463.S0 FOOT CHORD BEARS S34024'11"W' THENCE S02'34'35'E. ALONG SAID WESTERLY RIGHT-OF-WAY. 104.62 FEET TO THE POINT OF BEGINNING CONTAINING 9.72 ACRES MORE OR . LESS AND IS SUBJECT TO EASE. MENTS AND RESTRICTIONS OF RECORD. NOTE: THE MEANDERING LINE IS DESCRIBED AS FOLLOWS: THENCE N86024'24"E, FROM POINT A, ALONG THE MEANDERING LINE. 99.S0 FEET: THENCE N39049'05"E, ALONG SAID MEANDERING LINE, 64.33 FEET; THENCE N59003'26"E, ALONG SAID MEANDER- ING LINE, 137.46 FEET; THENCE 1 N6700B'26"E,.ALONG SAID.MEANDER- lING LINE, 130.99 FEET; THENCE . N20'10'2S'E, ALONG SAIO MEANOER- ING LINE. S9.06 FEET: THENCE I N70'30'2B' E, ALONG SAIOMEANDER- ING LINE, 160.45 FEET; THENCE I N70037'38"E, ALONG SAID MEANDER- ING LINE 97.25 FEET; THENCE NS9'54'36'E, ALONG SAID.MEANOER- liNG LINE, 103.69 FEET; THENCE N50004'39"E, ALONG SAID MEANDER. ING LINE, 74.32 FEET; THENCE N21057'37"E, ALONG SAID MEANDER. ING LINE, 74.32 FEET TO POINT B. SECTION II. VARIATIONS Se~tion 14.3A of the City Code provides that variations' in zoning requirements I. may be approved for Sensitive Areas Development Plans 10 permit Ihe cluster- i J ing of density. The following variations from the RS-5 toning requirements are hereby approved as part of the Preliminary Sensitive Areas Development Plan: B. The construction of tWo (2) twelve-unit multifamily buildings, which include a combination of brick, stone, and fiber cement siding exterior building materials on all facades, as shown on the Preliminary Sensitive Areas Site Plan; and ~. The RS-5 maximum building height is Increased from thirty-five (35) feet up to forly-seven (47) feet. c: The restriction on parking located dlreetJy between a principal building and the street as part of the Multi-Family Site Development Standards is waived to allow up to five visitor parking spaces as s~own on the preliminary Sensitive Areas SIte Plan. . I SECTION Ill. ZONING MAP. The.building official is hereby authorized and directed to change the zoning map of th~ City of Iowa City, Iowa, to confotm to thiS amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFlCA- !ION AND RECORDING. The City Clerk. l~ hereby authorized and directed to cer- tify a copy of this ordinance and a copy of the Preliminary (OPD-5) Plan for this property, and record the same in the i Office of the County Recorder, Johnson I County, Iowa, at the Owner's expense : upo~ t~e final. passage, approval and I. pubhcatlon of thIS ordinance, as provided I by law. I r _ __. SECTION V. REPEALE~. ,~.l/ . ordinances and parts of ordinances in 1 conflict with fhe provisions of this I' Ordinance are hereb re ealed. ~o(,,_ 4\,,\~ ~j, ~ ~ ~ SECTION-vi:-SEVERABILI- TY. If any section, provision or part of the Ordinance shall be adjudg~ to be invalid or unconstitutional, such adjudication I shall not affect the validity of the". Ordinance as a whole or any section, "I provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordi-nance shall be in effect after its finarpassage, approv-al and pub- ,; lication, as provided by law. Passed and approved this 21 sl day of March, 2006. s/Rass Wilburn, Mayor Attest slMarian K. Karr. City Clerk 69132 March 29. 2006 I ~ 1 -....= -.... ...;-----... ~~rN~'"t. ~-.;.~~IIIII'- .....~ 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. 06-4199 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of March, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 29, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~r'o\~~~,~ Julie oparil '--' 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, Diana Becicka, 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 1ate(s): l1J(M~h ;JC}J cJD{)lp Legal Clerk Subscribed and sworn to before me this ~I~ dayof~ A.D. 20 CR.f J~ l'~ ORDINANCE NO. 06-4199 ORDINANCE AMENDING TITLE -3, . "CITY FINANCES; TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES AND INCREASE MONTHLY PARKING PERMIT FEES. OFFICIAL PUBLICATION I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF. THE C!fY OF IOWA CITY. IOWA: . ,;", .. SECTION 1. Section 3-4~8: . l1t1e 3, Chapter 4, Subsection 8, Parking Violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-8, relating to parking ramps, parl<ing meter fees and fees for City parking lots, and enacting in lieu thereof a new Subsection 3-4-8 to be codified and to read as fol- lows: Description Of Fee. Charge, Bond, Fine Or Penalty Parking ramps: Hourly parker (Tower Place), per hour $0.75 Hourly parker (Ramp A), per hour 0.75 Hourly parker (Ramp B), per hour 0.75 , , Hourly parker (Chauncey Swan), I I per hour 0;60 ! i Hourly parker (Court 51. Transportation Ctr.), per hour '0.60 Monthly all-day permits (Ramp A and Tower Place), per month 75.00 . Monthly all-day permits - (Ramp B), per month 65.00 Monthly all-day permits - (Chauncey Swan & Court Street), per month 60.00 Monthly all-day permits....: , (Tower Place-secured), per month 80.00 Monthly all-day permits - (Advance payment - Ramp A & Tower Place), per year 855.00 Monthly all-day permits - (Advance payment- Ramp B), per year 741.00 Monthly aU-day permits -(Advance pay- ment - Chauncey SWan & Court St.), per year 627.00 Monthly all-day permits - (Advance payment - Tower Place - secured), per year 912.00 Amount of Fee. Charge, Bond, Fine or Penalty Ramp A is the Capitol Street parking ramp, while Ramp B is the Dubuque Street parking ramp. Reissue of ramp monthly permit exit card, each reissue . 25.00 Reissue of all other permits, each reissue l 2.00' Penames for Parking violations: Overtime parking Expired meter Prohibited 20ne 10.00 --i megal parking - handicapped parking space 100.00 or as stated in the Code of Iowa, as amended. One hour restricted 20ne, City Hall lot 5.00 , All other illegal parking violations 10.00 Increases: . 30 days after issue, overtime and expired . meter ticket fees shall increase to 10.00 . 30 days after issue, all illegal parking 1 fees, except handicapped, expired meter , and overtime shall increase to 15.00 Fee for contractor reservation of space, ....pe!d~y ____ _~~_ 10.00 5.00 5.00 "Parklng-meter .ees:(excepfss other- wise noted) Central business district on-street meter, per hour ' 0.75 I Central business district lot meter, per hour 0.75 I Peripheral on-street meter, (outside cen- tral business district), per hour 0.50 100-500 block of North Clinton Street, per hour . 0.75 100-300 block of East Jefferson Street, per hour 0.75 100 block of East Market Street, per hour 0.75 100 block of North Linn Street, per hour 0.75 400 block' of Iowa Avenue, per hour 0.75 Peripheral lot ~meter, (outside central business district), per hour - . 0.50 Fees for parking in City parking lots: Monthly all day permits, per month 60.00 Monthly all day permits (annual advance payment), per year 684.00 Monthly off hour permits (after 5:00 P.M., Monday through Friday, all day Saturday and Sunday), per month -all City surface lots 54.00 City employee monthly all-day permits, per month Half price , SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions 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, i provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE This ordinance shall be in effect on July 1, 2006. i Passed and approved this 21st day of I March,2006. i s/Ross Wilburn, Mayor Attest: slMarian K. Karr, City Clerk I 69133 March 29, 2006 I ~ 1 --= -14 :!:~~:!:'t ~~~lIIIlm.t. .....~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319J 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. 06-4200 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 10, 2006, Dated at Iowa City, Iowa, this 5th day of May, 2006. ~-o \~~~^~ '. Ju I . Voparil ~ Deputy City Clerk "'''. ~ ~ - '. . I I Printer's Fee ~o").o ~ $ ::25'14 -;). 7 ~d3,1~. ~ .,,,"".'fl., -- ----:=:.....-- OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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): A()./J }(), ;)()()v Legal Clerk Subscribed and sworn to before me this---1J--Ir- day of. Clp~j A.D.20 nl" y~ Notary Public 4\ Co.,.,' r ,Numller 732519 ..... MyCammlsaion Expires .JonuaJy zr, 2008 . ORDiNANCE NO. 06-4200 AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2006, AKA "CITY CODE:' WHEREAS, Section 380.8 of the Code of Iowa, .2005, requires that at least once every five years a city shaJJ adopt a code of ordinances; and, WHEREAS, on Febru81)16, 2001 the City Council adopted the City Gode of Iowa. City, Iowa; and, WHEREAS, the City of Iowa City adds new ordinances and amendments upon passage by supplementation to the City Code itself; aryd, WHEREAS, if a proposed code of ordi- nances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public h"earing; and, . WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. NOW, THEREFORE, BE IT .oRDAINED BY THE CITY C.oUNCIL .oF THE CITY .oF IOWA CITY, IOWA: SECTION I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compi- .Iall.on . of all ordinances "of a general 'nature -together with the changes made to said ordinances, under the direction of the goveming body of the City, shall be accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as "The City Code". SECTION II It is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, pro- vided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a gen- eral and permanent nature .amending, altering, adding or deleting provisions of Ihe offjeial City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, a copy of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. SECTION JJI. 11 shall be unlawful for any person, firm or corporation to change or ,. amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. I' SECTION IV All ordinances or parts of ordinances in conflict herewith, are, to the extenl of such conflict, hereby repealed. SECTION V. A code of ordinances, con~ taining only the current and existing ordi. , nances edited and compiled without i change in substance, shall be and here- by is adopted as the City Code, 2006. i Passed and approved this 4th day of , April,2006. slRoss Wilburn, Mayor Attest'slMarian K Karr, City Cieri< l69515 Apri110,2006 40' I , ! .1 I ~ 1 --= -14 :!:~~;t::'t ",",~~"'IIIII'- ....~ 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. 06-4201 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 10, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~ . . ~\~~~.~ . Julie. paril "-' . Deputy City Clerk .....'"; ;.. '- I()~~ $ .;l1.o~-~.\1 =~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 Printer's Fee I, Diana Becicka, 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): jJ~ JD, ;)oolo Legal Clerk Subscribed and sworn to before me this I I...J.-h. day of 1)1~.J A.D. 20 0& y~~ Notary Public OFFICIAL PUBLICATION ORDINANCE NO. 06-4201 ' ORDINANCE AMENDING TITLE 1.2 OF THE CITY CODE, ENTITLED "FRAN- ! CHISES." CHAPTER 4, ENTITLED \ "CABLE TELEVISION," SECTION 13, ENTITLED "FRANCHISE PAYMENTS" TO ALLOW FOR ADDITIONAL USES OF THE ANNUAL FRANCHISE I PAYMENT. WHEREAS, the cable franchise enabling ordinance requires a cable franchisee to make certain payments to the City includ. ing an annual franchise payment that is based on gross revenue; and WHEREAS, it is in the City's best interest to allow for additional uses of the annual franchise paymeht. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I OF CITY, IOWA: , SECTION I AMENDMENTS. litle 12, I entitled "Franchises,u Chapler 4, entitled I "Cable Television," Section 13, entitled I "Franchise Payments," Paragraph C, I \ en1i\led "Annual Franchise Payment" is I , hereby amended by deleting the first sen- I . I tence in its entirety and by substituting in its place the 10llowing new sentence: Grantees of a franchise hereunder shall I. pay to the city an annual fee in an amount equal to five percent (5%) of the oil "annual gross revenues", 'as defined' herein, in lieu of all other city permits and I fees, to be utilized in part by the city to offset its cable television related regula- tory and administrative costs and to max- imize awareness and use 01 the public, education, and governmental access and I institutional network capacity. SECTION II. REPEALER All ord.i~'\ nances and parts of ordinances in conflict I with the provision 01 this Ordinance are hereby repealed. SECTION Ill. PENALTIES FOR VIOLA- I IlQtl The violation of any provision of this ordinance is a municipal infraction or : a simple misdemeanor. I SECTION IV. SEVERABILITY. '1 any section, provi-sion or part of the Ordinance shall be adjudged to be invalid I or unconstitutional, such adjudication-j 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 1 Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of April,2006. s/Ross Wilburn, Mayor Attest; siMariaI'. K. Karr, City Clerk 69518 April.10,2006 I ~ 1 ----= -..... tr-----. ~~~~~ ~,;,~...IIDI' ..... ... 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. 06-4202 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 10, 2006. Dated at Iowa City. Iowa, this 5th day of May, 2006. ~"- ~~~ Julie. paril ~ Deputy City Clerk > , . ~. <::>to- y.~C)~ llftoif Printer's Fee $~_I4f. 01 J ~Ll,o~ ! I CERTIFICATE OF ON . STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana: Becicka, 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): li~ P. l()j ~ml p DII)N\.L WJipc/~'.hg , Legal Clerk Subscribed and sworn to before me II+- day of t2r~ A.D. 200~ this y~ ublic -~ I OFFICIAL PUBLlCAT10~... ORDINANCE NO. 06-4202 AN ORDINANCE AMENDING TITLE 14 ENTITLED UNIFIED DEVELOPMENT CODE, CHAPTER 5 "BUILDING AND HOUSING\ ARTICLE 1 GRADING~ t ORDINANCE, TO CREATE A CON- STRUCTION SITE RUNOFF CONTROL ORDINANCE WHEREAS. the City of Iowa City has constructed a stormwater infrastructure with discharges into the Iowa River and the six major creeks; and WHEREAS, the City, stormwater i~fra. structure carries stormwater runoff either directly or indirectly from properties with- in "the city to the Iowa River; and WHEREAS, the Iowa River, the major creeks, and the City's stormwater infra- slructure are available for stormwater and ground water discharges; and WHEREAS, the City incurs costs to mon- itor, maintain, replace, and improve its 1 stormwater infrastructure; and WHEREAS, the City is now required to' enforce a construction site runoff control ordinance on all sites for which National PoHutant Discharge Elimination System (NPDES) permits are required to other- I wise protect the waters of the Iowa River and the six major creeks; and WHEREAS, federal law and the City's Municipal Separate Storm Sewer System (MS4) permit require that the City adopt a < Construction ! Site Runoff Control Ordinance that requires proper soil ero- sion and sediment control, addresses waste at construction sites, and requires site plan and pollution prevention plan ! review and approval; and WHE.REAS,. the City now desires a Construction Site Runoff Control Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CJTY, IOWA: SECTION l. That lile 14, Chapter 5, Article r of the Code o( Ordinances of the City of Iowa City, Iowa is hereby amend- ed by is hereby amended by: a. Renumbering Section 14-51- 13 to Section 14-51-12. . b. ' Renumbering Section 14.5!- 14 to Section 14-51-13. c. , Renumbering Section 14-51- 15 to Section 14-51-14 d. If Renumbering Section 14-51- 12 to Section 14-51-15, and rep!acing the contents thereof with the following: CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL A. plJrnOl:>e and Intent' 1. The National Pollutant Discharge Elimination System (NPDES) permit pro- 'gram administered by the Iowa Department of Natural Resources (IDN~) requires that agencies meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water from -a Municipal Separate Storm Sewer syst~m (MS4). The City of Iowa City has been issued sUch a permit The City's MS4 Permit is on file at the office of the City Clerk and is available for public inspection during regular office hours. j 2. The NPDES program requires certain ._ individuals engaged in earth disturbing activities related to construction on one i I (1) acre of land or more to submit an , ' application to the lDNR for a NPDES General Permit #2. The NPDES program and the City's MS4 require the City t? adopt an ordinance requiring proper .sOll erosion and sediment control on all sItes less than one (1) acre if the earth dis- turbing activities are part of a larger com. mon plan of development that would dis. turb one (1) acre or more. 1 Notwithstanding any provision. of this . ordinance, every applicant bears fin~l L_~_~? _c..?~plete resRonsibility for co~ ~~, \~ ~ ranee with ij.SiateNPDES Gtmeral Permit~ #2, a City Construction Site Runoff (CSR) I permit, and any other requirement of state or federal law or administrative rufe. I 3. As a condition of the City's MS4 ' Permit, the City is obliged 10 undertake primary responsibility for administration and enforcement of the NPDES program J by adopting a Construction Site Runoff I Control Ordinance designed to achieve I the following objectives: . (a) Any person, firm, sole proprietorship, partnership, corporation. state agency or political subdivision (applicant) required by law or administrative rule to apply to the IDNR for a NPDES General Permit i #2 shall also be required to obtain from the City a permit in addition to and not in lieu of the NPDES General Permit #2; and (b) The-ertfStrBIl'havefmmarrrespanm-~ bility for inspection, monitoring and enforcement procedures to promote i applicants' compliance with State NPDES General Permits #2 and CSR permits. 4. No state or federal funds have been' made available to assist the' City in administering and enforcing the .NPDES program. The City shall fund its apPlica-1 tion, inspection, monitoring and enforce- ment responsibilities entirely by fees imposed on the owners of properties ! which are made subject to the Program ' by virtue of state and federal law, and/or I other sources of funding established by a I separate ordinance. i B ADolicability I 1. All persons required by law or adminis- trative rule to obtain a NPDES General Permit #2 from the IDNR, and persons who will be conducting any earth disturb- ing activity on a site less than one (1) acre in size if the earth .disturbing activi- ties are part of a larger common plan of development that would disturb one (1) acre or more, are required to obtain a CSR Permit. Earth disturbing activity means any activity that results in a move- ment of earth or a change in the existing soil cover {both vegetative and non.veg- etative) or the existing topography. Earth disturbing activity includes, but is not lim- ited to, clearing, grading, filling, excava- tion or addition or replacement of imper- vious surface. 2. Applications for CSR Permits shall be made on forms approved by the City which may be obtained from the City. 3. An applicant for a CSR Permit shall pay fees as follows: (a) Prior to the issuance of a CSR Permit. in connection with a building permit on a platted lot, the applicant shall submit an f apPliCati.on permit fee to the Housing and I' I Inspection Services. Department m an amount established by Resolution of the City Council. If more than three (3) , inspections are required by the terms of "I this ordinance with respect to' said permit, I the applicant shall bear the cost of such inspections, which shall be the actual I i cost of the inspections by the City. (b) There shall be no permit fee required prior to the issuance of CSR permits : other than fhose issued jn connection I with building permits on piatted lots, but the applicant shan bear the cost of teviews and inspections required by the '.. termsoUhi~ .ordi~np3. ~ith.resp~ to said permIts, which shall oe-the actual cost of the reviews and inspections by-. the City. - 4. An applicant in possession of a NPDES General Permit #2 issued by the IDNR shall immediately submit to the City full copies of the materials described below as a basis for the City to determine .whether to issue a CSR Permit: (a) applicant's NPDES General Permit #2. Notice of Intent (NOI); and (b) applicant's plans, specifications and materials in support of applicant's appli- cation for the NPDES General Permit #2; and (c) a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with tllis ordinance. ~ 5.-Eyety"SWPPPSvbmJttedtO the City in "' support of an application for a CSR Permit shall: (a) comply with a/l current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a NPDES General Permit #2; and (b) comply with all mandatory minimum , requirements pertaining to .the Joint I Application Form, "Protecting Iowa, Waters", filed with the 'DNA and U.S. : Army Corps of Engineer~; and . (c) comply with all other applicable local, state or federal permit requirements in existen'ce at the time of application; and (d) include withir. the SWPPP a signed and dated certification 'by the person preparing the SWPPP that the SWPPP complies with aJl requirements of this ordinance. s: Every SWPPP submitted to the City in support of an application for a CSR I Permit shall contain the provisions of ~he I General Permit #2, plus the follOWing additional provisions: i (a) all SWPPPs shall comply with Iowa I Statewide Urban Design and Specifications (SUDAS) standard design criteria as amended; and . (b) address that stockpiles of soH or other materials subject to erosion by wind or water are covered, vegetated, or other- ' wise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; . no stockpiling is allowed in the street; and \ (c) assure that all temporary erosion and , sediment controls shall. be maintained . until the City has determined that the site 1 has been permanently stabilized; and (d) limit potential for damage to sensitive l environmental areas sllch as water ood- ies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and I (e) provide for design and construction methods to stabilize steep or long contin- uous slopes; and, (f) include measures to control sediment, and the quantity and quality of stormwa- ter, leaving a site during and after con- struction; and I (g) provide for stabilization ()f waterways' and outlets directly impacted by permil- , 'I ted construction: and, i j (h) protect storm sewer inlets and infra- 1 structure from sediment loading/plug- ( . ging; and (i) specify precautions to be laken to con- lain sediment when working in efr cross- ing water bodies; and (j) account for stabilization of disturbed I areas, including utility construction areas, as soon as possible; and . (k) protect adjacent and outlying roads from sediment and mud from construc- tion site activities, including tracking; and (I) provide for disposal of cotlected sedi- ment and floating debris. . ; 7. Issuance by the City of a CSR Permit , shall be a condition precedent for the I issuance of a City building permit or site j plan approval. . I 8. For so long as a construction site is I subject to a NPDES General Permit #2 or a CSR Permit, the applicant shall provide the City with current information as f91- , lows: - (a) The name, address and telephone number of the. person on site- designated : by the owner who is knowledgeable and 1 experienced in erosion and sediment i control and who will oversee compliance I with the NPDES General Permit #2 and , the CSR Permit; , (b) The name(s), address(es) and tele- ; phone number(s) of the contractor(s) andlor subcontractors(s) that will imple- ment each erosion and sedIment control jmea~~~ i~n~i~_d~h.~_ SWPPf:..-,- c Cl Co - '-\~a~ -(c)' An on~sne~IOcatlori'f6r 'storageana retrieval of the current SWPPP. (d) Applicant's failure to provide current inforR'lation shall cons'jjtute a vioJaUon of this ordinance. 9. If the applicant for the NPDES General Permit #2 and the CSR permit is not the same Individual as the owner/builder on the site, then the appli- cant has the option to include the owner/builder as a co-permittee. Co-per- mittees have the same. obligations and I responsibilities as the original applicant. Absent written confirmation of transfer of responsibility signed by both the parties and provided to the city at the office of the enforcement official, the original applicant remains obligated and respon- sible for permit compliance on any parcel ~_ of the site, whether the parcel has been ~~~t.,eceiPt of. an apPli~ation for a~ CSR Permit, the City shall either find' that the application complies with this ordi- nance and issue a CSR Permit in accor- dance with this ordinance, or that the application falls to comply with this ordi- nance, in which case the City shall pro- vide a written report identifying non-com- pliant elements of the application. C. Insnection 1. All inspections required under this ordinance shall be conducted by a desig- nated person from the City, hereinafter referred to as the "enforcement officer." 2. The applicant shall notify the City when all measures required by applicant's SWppp have been accomplished on- .1 site, Whereupon the City shall conduct an I inspection for the purpose 01 determining compliance with this ordinance, and shall within a -reasonable time thElreafter report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, In which case the City shall provide a writ- ten report identifying the conditions of non-compliance. The applicant .shall I immediately commence corrective action and shall complete such corrective action within a time frame deemed reasonable by the City. Failure to take corrective action in a timely manner shall constitute a violation of this ordinance. 3. Unless otherwise approved by the City, construction shall not occur on the site at any time when the City has identified conditions of non-compliance. 4. Unless approved by the Cily, construc- tion activities undertaken by an applicant prior to resolution of all discrepancies specified in the written report shall con- stitute a violation of this ordinance. 5. The City shall not be responsible for the direct or indirect consequences to the applicant or to third-parties for non-com- pliant conditions undetected by inspec" tion. D. Monitoring . ,. Upon issuance of a CSA Permit, the applicant has an absolute duty to monitor site conditions and to report to the enforcement officer any change of eir. cumstances or site conditions which the applicant knows or should know pose a risk of stormwater discharge in a manner inconsistent with applicant's SWPPP, NPDES General Permit #2 andlor CSR Permit. 2. Such report shall be made by the applicant to...the enforcement .officer immediately upon knowledge of site con- dition changes, but in any event within twenty-four (24) hours of the change of circumstances or site conditions. 3. Failure to make a timely report shall constitute a violation of this ordinance. 4. Any third party may also report to the ! City sile conditions which the third party I reasonably beHeves pose a risk of \ stormwater discharge in a manner Incon- ) sistent with applicant's SWPPP, NPDES l~~~ral PellT1it #2 a!ldlorCSR.Permi!.~ \rj,.~\~ r:>~Upo-nreceivlng Ii report pursuant 1othe-' , previous subsections, the enforcement officer shall conduct an inspection,ol.the,_ site as soon as reasonably possible and . _.thereafter may issue a written Stop Work Order' to the applicant, directing the applicant to take no further action. with respect to the SWPPP, NPDES General Permit #2 and/or CSR Permit, other than corrective action provided for hereinafter. .The enforcement officer shall provide the applicant with a written report identifying the conditions of non-compliance. The applicant shall immediately commence corrective action and shall complete such corrective action within a timeframe deemed reasonable by the City. Failure to take corrective action in a timely man- ner shall constitute a violation of this ordinance, whereupon the enforcement officer shall immediately commence . enforcement actions specified In SEC- TION E below. 6. The enforcement officer shall conduct at least one unannounced inspection dur- ing the qourse of construction to monitor compliance with the NPDES General Permi1 #2 and the CSR Permit If the inspection discloses any non-compli- ance, the enforcement officer shall pro- vide the applicant with a written report identifying the conditions of non-comp\i- ance. The applicant shall immediately commence corrective action and shall I complete such corrective action within a , timeframe, deemed reasonable by the City.. Failure to take corrective action in a timely manner shall constitute a violation I of this ordinance, whereupon the . enforcement officer shall Immediately commence enforcement actions speci- fied in Section E below. 7. The City shall not be responsible for the direct or indirect consequences to the I applicant or to third-parties for non-com- pliant conditions undetected by inspec- , tion. . I E. Enforcement 1. Violation of any provision of this ordi- nance may be enforced by civil action inclUding an action for injunctive relief. 2. Violation of any' provision of this ordi- nance may also be enforced as a'munic- Ipal infraction or environmental infraction within the meaning of 9364.22, pursuant to the City's municipal infraction ordi- nance. . G. AnoooJs 1. Admlnistrative'declsions by City staff. and enforcement actions of the enforce- ment officer may be appealed ,by the applicant to the Board of Appeals pur- suant to the procedure set forth In Article M of this Chapter. SECTION II REPEALER All ordinances and parts of ordinances in conflict with { the provisions of this Ordinance are here- j by repealed. I 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 01 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. I passage, approval and publication. Passed and approved this 4th day of i April, 2006. slRoss Wilburn, Mayor Attest; slMarian K. Karr, City Clerk 69519 April 10, 2006 -.--~-- -,_.." I ~ 1 :!:~~~'t ~~":'r"'IIIlII'- .....~ 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. 06-4203 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~, . . ~ "\\'\'^" Julie . op ril -..........; _ >. _ Deputy City lerk ;. '- Printer's Fee $~ CERTIFICATE OF PUBLICATION , STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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): lJp.-ll1 rJ~: :YY()G Legal Clerk Subscribed and sworn to before me this~~ day Of~ f A.D.20 D(,., , ~: "--. ~ otary Public i! Commloslon -"1.- .. Number 7S2II'ft MyCon..........,ecpn. .In8y zt, 2IlO8 I I I I I I I OFFICIAL PUBLICATION ORDINANCE NO. 06-4203 AN ORDINANCE REZONING APPAOX. I IMATELY ONE (1) ACRE FROM LOW I DENSITY SINGlE.FAMILY RESIDEN. TIAL ZONE (RS-S) TO PLANNED DEYELOPMENT OVERLAY ZONE. 1 (OPD-5) WITH A SENSITIVE AREAS DEVELOPMENT PLAN, FOR THE PROPERTY LOCATED ON DUBUQUE ROAD AND NORTH DODGE STREET (REZOS-00004). WHEREAS, Three Bulls, LLC has applied for a rezoning of approximately one (1) acre of property from RS-5 to OPO-5, 10 arrow a planned development with five townhouse-condominium units the construction; and . WHEREAS, said property is located on Dubuque Road and North Dodge Street; I. and WHEREAS. the South District Plan iden-I ) titles the area as appropriate for single- I family/duplex residential type develop. ment; and < I I WHEREAS, the Planning and Zoning '! Commission has reviewed the proposed I planned development and, has heard pUblic input. and WHEREAS. the Commission found that the design of the project, in terms of clus- tering the units. minimization of distur. bance of the sensilive areas, architectur- al articulation and use of a combination of stone fiber cement board siding with' shingle style accents, is in compliance with the standards specified in the Code and therefore has recommended approval subject to staff approval of a landscape plan and ,legal papers; and , I WHEREAS, the conditions recommend- ed by the Commission are related to pro.- viding landscaping along North Dodge Street. in order to ensure thai there is adequate buffer for the townhouses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Low Density Single.Famlly Residential Zone (RS.5) to Planned Development Overlay Zone {OPO.5) and the associated Preliminary Sensitive Areas Oevelopment Plan Is approved: COMMENCING AT AN IRON PIPE ALONG SIDE A STONE. SAID STONE 8ElNG SHOWN ON A PLAT RECORD- ED IN PLAT BOOK 4, PAGE 109. JOHN- SON COUNTY RECORDER'S OFFICE AS BEING 343 FEET NQRTHERL Y AND 276 FEET WEST OF CENTER OF SEC. , . _ j_ TION_2, TWP79N, RANGE 6 WEST OF ,-THE 5TH P.M:. 'THENCE EASr-44A FEET TO AN IRON PIPE ON THE NORTHERLY RIGHT-OF-WAY LINE OF ;HIGHWAY #1, THENCE N 56 DEGREES 46 MINUTES E, 261.5 FEET ALONG SAID RIGHT-OF-WAY LINE TO A RAIL- J ROAD RAIL MARKER, THENCE CON- TINUING ALONG HIGHWAY RIGHT-OF- WAY LINE N 67 DEGREES 22 MINUTES E. 108.9 FEET TO A RAILROAD RAIL I MARKER, THENCE N 5$ DEGREES.43 MINUTES E, 226.6 FEET TO AN IRON PIN ON SAID RIGHT-OF-WAY LlNE, THENCE CONTINUING ALONG THE HIGHWAY RIGHT-OF-WAY LINE N 66 I DEGREES 43 MINUTES E, 454,06 I FEET TO A RAILROAD RAIL MARKER , I \ , AN THE POINT OF BEGINNING, THENCE ALONG SAID RIGHT-OF-WAY LINE N 56 DEGREES 43 MINUTES E. \ 284.20 FEET. THENCE N 30 DEGREES' j 17 MINUTES W, 185.78 FEET ALONG THE SOUTHEASTERLY RIGHT.OF- WAY LINE OF OLD DUBUQUE ROAD. THENCE S 59 DEGREES 43 MINUTES i W, 171.44 FEET, THENCE S 1 DEGREE i 02 MINUTES E, 229.8 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 1.00 ACRES, MORE OR LESS. SECTION II, VARIATIONS. Section 14- 3a of City Code provides that variations in the zoning require:ments may be approved for Sensitive . Areas I DevelopmentPlans to pennit the clusfer- I ing of density. The following variation, from the RS.S zoning reqUirements is hereby approved as part of the Preliminary Sensitive Areas Development Plan with this Planned I Development Overlay rezoning; The construction of one (1), five-unit j _ townhouse-condominium building using a combination of stone. fiber cement board siding with shingfe style accents for exterior finishes on all facades, as I shown on the Planned Development and . Preliminary Sensitive Areas' Development Plan. SECTION III. ZONING MAP. Ttle I Building Inspector is hereby authorized I and directed 10 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 Ordi-I nance by law. SECTION IV. CERTIFICATION AND I RECORDING. Upon passage and approval of the Ordinance. the City Clerk. j is hereby authorized and directed to cer- , tify 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 con- f)jcf with the provi-sions of this Ordinance are hereby repealed, SECTION VI. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid! or unconstitutional, such adjudication l shall not affect the validity of the I Ordinance as 'a whole or any section, ' provision or part thereof not adjudged I I invalid or unconsti-tutional. ! I SECTION VII. EFFECTIVE DATE. This ' J Ordi.nance shall be in effect after its final passage, approv-al and publication, as i provided by law. I' Pa.S$ed and approved this 18th day of i April, 2006. . sJRoss Wilbum. Mayor ' I Anest: slMarian K. Karr, City Clerk I \. 89614 April 26. 2006 I ~ 1 --= -.... .I.r----. ~~~~~ --="'-';'~"'IIIII' .......~ 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. 06-4204 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~..: _\<;,~~~ Juli oparil ....... Deputy City Clerk - " .......:: :. , > ..... . '- , ,\ Printer's Fee $ I cO ,<(, (j CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN I FED. ID #42-0330670 ! I, Diana Becicka, 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): ijpd d( o. f)fY...J. /> , 'J) 1~/l1I.L rYf"v';hn, , Legal Clerk , Subscribed and sworn to before me , this_Js1 day o'rfY1.. !l.1 , A.D. 20 ^~,' . ~~Ln{' _n blic .. LitKiA KROTZ ~ eo. . '. Numbet 732619 ,.. I . . Mya....*~~2'1 Expires . JInuIlY 'D. 2llOB I ~~,..,.~..,.;,~ I ORDINANCE NO. 06-4204 ( J AN ORDINANCE AMENDING A CONDI, ' TlONAl ZONING AGREEMENT TO REMOVE THE REQUIREMENT FOR A I 30 FOOT LANDSCAPE -SETBACK' FROM HIGHWAY 1 FOR .63 ACRES LOCATED AT 809/817 HIGHWAY 1 WEST. (REZ06-00002) WHEREAS, the applicant, Autohaus Ltd., entered into a Conditional Zoning A9reement as part of a 2001 rezoning from General Industrial (1-1) to r Intensive Commercial (CI-1);and WHEREAS. the original i l___ I Conditional Zoning Agreement required a thirty (30) foot setback in order to provide for attractive development in accordance with the aesthelfcslandards for the Highway 1 corridor and to prevent park- ing or display of merchandise outside of the paved area; and WHEREAS, the City subse. quently vacated the right-of-waylfrontage road in front the applicant's adjacent prOperty; and WHEREAS, the vacation agreement required the applicant to + incorporate both properties into one and to landscape and maintain the Highway 1 'rontage in accordance with a landscape plan approved by the City; and . ! WHEREAS, the applicant established a uni10rm, landscaped bed along the front of both properties; and WHEREAS, . the applicant I has requested an amendment to a previ. ous conditional zoning agreement to remove the 30-foot setback from I Highway 1 West; and WHEREAS, the Planning and Zoning Commission found that the established landscaped bed fulfills the ) intent of the setback requirement; and 'I WHEREAS, the Planning and Zoning Commission has recom- mended approval of the proposed , amendment to the Conditional Zoning Agreement subject to maintenance of the established landscaped at the front of the lot and complete compliance with the previous landscaped planappr?ved by I the City; and . WHEREAS, all other reqUire-j ments of the Conditional Zoning Agreement remain in effect, and WHEREAS, the Iowa City City Council concurs with the recommen- I dations of the Planning' and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The I Conditional Zoning Agreement is hereby I amended to remove a requirement for a 30.foot setback for the property .1 described below: . COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWN- SHIP 79 NORTH RANGE 6 WEST OF I THE FIFTH PRINCIPLE MERIDIAN; I THENCE NOOo51'23~E, 1157.17 FEET I ALONG THE EAST LINE OF SAID I SOUTHWEST QUARTER; THENCE! N89008'39''W, 60.00 FEET TO A POINT I ON THE EAST LINE OF LOT' RUP- I PERT SUBDIVfSION, PART ONE, AS' I' RECORDED IN BOOK 27 AT PAGE 15, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; I THENCE SOoo51'23"V1/, 133.69 FEET TO THE SOUTHEAST CORNER OF SAiD ., ,LOT 1; THENCE N89"08'3T', 503.31 FEET ALONG THE SOUTH LINE OF \ SAID LOT 1 TO THE SOUTHWEST FOR GOOD AND VALUABLE CONSID- i CORNER OF SAID LOT 1: THENCE ERATION, IT IS AGREED that the par- : . NOO~51'23"E,226.17FEETALONGTHE ties' Agreement is hereby amended as ( WEST LINE OF SAID LOT 1 TO THE follows: {POINT OF BEGINNING; THENCE 1. Section 4e of the agreement is hereby N49057'39"V1/, '280.63 FEET; THENCEJ ::delet~.illits.entirety.~~- - 1 NORTHEASTERLY 184.38 FEET' ......2:-All other terms and conditions of the ALONG A 2231.90 FOOT RADiUS' Agreement remain in full force and effect. CURVE, CONCAVE SOUTHEASTERLY, AUTOHAUS, LTD. WHOSE 184.33 FOOT CHORD BEARS s/Kenneth E. Williamson, President N72035'52-E; THENCE N74057'52"W, . 44.17 FEET; THENCE SOoo51'23"W, CITY OF IOWA CITY , .7.99 FEET TO THE NORTHWEST COR- slRoss Wi/burri, Mayor NER OF SAID LOT 1', THENCE Attest: slMarian K. Kart, City Clerk \ S00"5"23"W, 239.' 6 FEET ALONG THE, 696'6 April 26. 2006 i WEST LINE OF SAID' LOT 1, TO THE I POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 27.283 SQUARE FEET, MORE OR LESS AND IS SUB-, JECTTO EASEMENTS AND RESTRIC- , TJON OF RECORD_ SECTION IV. CERTIFICA- TION AND RECORDING. The City Clerk is hereby authorized and" directed to cer- tify a copy of this ordinance and the Amendment . to Conditional Zoning Agreement 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 orwnance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinance$ in conflict with the provisions of this J Ordinance are hereby repealed. SECTION VI. SEVERABIL1- I TV. If any section, provision or part of the Ordinance shaff be adjudged 10 be invalid . or unconstitutional, such adjudication shaJl not affect the validity of the Ordinance as a whole or any section. provision or part thereof not adjudged . Invalld or unconstitutional. I SECTION VII. EFFECTIVE DATE. This Ordj-nance shaH be in effect I after its final) passage, approv-al and publication, as provided by law. Passed and approved this 18th day of April, 2006. slRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk WHEREAS, the established landscaped bed adjacent to the Highway 1 right-of. . way is a requirement of the Zoning Ordinance and serves the same purpose as the setback requirement; and I ~ 1 --= -14 :!:~I~!:'t ~::,,"~IIIII'- ..... 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. 06-4205 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~-\~~- Julie aril "---- Deputy I Clerk ,. ...", ~ ..~ ;. '- OFFICIAL PUBLICATION , r;,:~f~ai~~f~~70~~;f.~~:;i~~ii:~!- 'I ment community including a S8-unit assisted living apartment building, four 24-unit independent living apartment . buildings, four 4-unit townhouse-style buildings, a 40-unit assisted living build- ing for persons with Alzheimer's, and a medical office building; and WHEREAS, the appliCant, Dial Land Development'Corporation, has request- ed the City amend,the' preliminary OPO plan to reconfigure the independent living apartment buildings and townhouse-style buildings; and WHEREAS, the revised plan inclUdes an existing 24-unit building, four 2-unit duplex style buildings, a 57-unit building and a 27-unit building; and WHEREAS, the revised plan includes 116 dwelling units in addition to the 68- unit assisted Jjving building and 4O-unit assisted living building for persons with Alzheimer's; and I WHEREAS, the large buildings will Include design details such as bays and ; e:~c~;~':n;~~~b~~~b~7~~~nin o~rd~~~~ . I minimize Ihe appearance of thair larga scale; and ! WHEREAS, the Planning and Zoning , I Commission has reviewed the proposed amendments to the OPD plan and has recommended approval of the same including the variations from the zoning regulations illustrated on the preliminary OPD plan and listed in Section II below. NOW, THEREFORE, BE IT ORDAINED ',' BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: , SECTION I. APPROVAL. The amended preliminary OPD plan for the properly described below is hereby approved: Lot 2 and Outlot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of Johnson County, Iowa; and AUditor's Parcel #2001..Q01 (Lot 1) as shown on the plat recorded thereof in Plat Book 42, Page 28, SECTION II. VARIATIONS. To encour- age the development of the proposed retirement community and to aJlow clus- tered development, the following varia- tions are approved as a part of the pre- liminary OPD Plan: a waiver of the mini- mum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPD plan; and a'waiver of the 35-fOot height limit to 47 feet for those buildings with undergrOUnd parking as shown on the OPD plan, SECTION III. ZONING MAP. Upon final passage; approval and publication of this Ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to confonn to this zoning amend-men!. SECTION IV. REPEALER. All ordi- -J nances and parts of ordinances in con- flict with the provi-sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any sec- lion,' provi-sion or part of the Ordinance Shall be adjudged to be invalid or uncon- stitutional, 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 VI. EFFECTIVE DATE. This Ordi-nance'shall be in effect after its final passage, approv-al and Publication, as provided by law, Passed. and_ approyed this 18th day of Apiil, 2006.- - " -- - ...- -- ~=,- , ,. ~ slRoss Wilburn, Mayor ,- Attest: slMarian K. Karr, City Clerk 69618 April 26,2006 ( I. , I Printer's Fee $ :~;').'ll" CERTIFICATE OF PUBLICATION STATE OF IOWA, / JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): 110 J'l /)10) dooLo Legal Clerk Subscribed and sworn to before me day ofLfJ1 rL f this l-SA A.D.20 Ora ~~o...Y Pobli, : ORDINANCE NO. 06-4205 \ I AN ORDINANCE AMENDI,NG THE I I ZONING ORDINANCE BY AMENDING (, THE PLANNED DEVELOPMENT I HOUSING (OPD-12) PLAN FOR SIL- _ . VERCREST PART 3 ON 12.17 ACRES, I 'I LOCATED AT AMERICAN LEGION I ROAD AND SCOTT BOULEVARD. WHEREAS, the City of Iowa \ C;ty City CounCil has apPlOved. a J I ~ 1 --= -14 :!:~~!:'t '~"'IIIII'- ....... ... 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. 06-4206 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. JUIi~;~~~~'V .' Deputy City Clerk , ' " .' ," '. " ~~. o<o-y~\;)(o Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): lirA; 0, ;)( n, dOOCP Legal Clerk Subscribed and sworn to before me this I 4 day of '-f}LO.A 1 A.D. 20 aU 7~~ . otary Public ,. UNOA IUtOl Z 4\ C<w,.,_, Nlanber732!tl9 &e-- MyCotlu..Inlon ExpJres January 'C7, 20DB ,. . , '-. C?j. \ ~~ ~. C)'o \ 1 I , ORDINANCE NO. 06-4206 I ORDINANCE AMENDING TITLE 3, . ENTITLED 'CITY FI-NANCES, TAXA- TION AND FEES,' CHAPTER 4, ENTI- , TLED 'SCHEDULE OF FEES, RATES. I ! CHARGES, BONOS. FINES AND !I PENALTIES,~ SECTION 3-4-4, ENT1- I I fLED ~WASTEWATER TREATMENT I '. WORKS USER CHARGES,~ OF THE , .1 CITY CODE, TO INCREASE OR , \ CHANGE WASTE-WATER USER -' . CHARGES AND FEES IN IOWA CITY. . IOWA. WHEREAS, pursuant to Chapter 384, . Gode of Iowa (2005), the City of IoWa City . is autho-rized to establish and provide for '~' ~.'--\ ~\;)Ic, I ~j, ')~~ OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION , the collection of rates to pay for the City's fees by approximately 8% for bl11ings on j utility systems, including the City's waste- or after July" 1, 2006 to finance these water treatment worl<s; and activities. WHEREAS, the City of Iowa City is NOW, THEREFORE, BE IT ORDAINED: required to comply with federal waste- BY THE CITY COUNCIL OF THE CITY~' water treatment standards; and OF IOWA CITY, IOWA: WHEREAS, it is in the public interest to SECTION I. AMENDMENT. Title 3, \ increase certain fees and charges in. .Chapter 4, Section 4, entitled order to adequately fund the costs of "Wastewater Treatment Works User gperation, maintenance,. necessary ~-Charges;~.of the City Code should be andj expansion and debt service for the City's is hereby amended by repealing Section' wastewater treatment facilities; and 3-4-4 and enacting in lieu fhereof a new WHEREAS, wastewaler rates were last sec-lion 3-4-4 entitled "Wastewater' increased in 2001; and Trealment Works User Charges" to read WHEREAS, the IoWa City City Council as follows: I P!o-poses to increase wastewater user 3-4-4: WASTEWATER TREAlMENTWORKS USER CHARGES: Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penally Section Reference Minil11Jm Monthly Charge (neludes the First $ 7.76 14-3A4 100 Cu. Ft. of Water Used) I Monthly Charge for Each Additional 100 Cu. Ft. 3.80 14-3A4 of Water Used Monthly Surcha'ge , I BOD (per pound) 300 or less MPl' Included in charge for 100 . 14-3A4 cU.ft of water used BOD (per pound) from 301 MPl 10 2000 MPl' .27 14-3A'4 BOD (per pound) greater th'In 2000 MPl' .405 14-3A4 Suspended Solids (SS) (p,er pound) ,216 14-3A4 Monthly MinimulTI Unmelered User 31.77 14-3A4 I I Manufactured Housing Parl<. Monthly Mnimum 31.77 14-3A4 i Per lot Holdng Tank Waste - plus landfill fees $.03 per gailon 14-3A4 Holdng Tank Waste Hauler- Annual Permit $864 per year 14-3A4 Deposit and Delnquency Fee for CorrtJined City Water 14-3,407 and/or Sanitary Sewer and/or Soiid Vlaste Coilection Accounts I Residential owner account per combined $0 , residential service for City water andJorsanitary ~~=:-- c'sewer and lor solid waste collection.service ,.' , ~--" Residential tenant account, per combined resi- $80.00 dental service for Co:ywater and/or sanitaIY' sewerand/or s9lid waste collection service Five (5) percent delinquency charge on current 5.0% current billed portion of the ,)ulstanding amount on billed portion combined water andllor sanitary sewer and/or solid waste acoount that is not pad within lwenty-two (22)days of billing dale. t Delinquency Deposit Fee for Combined City Waler An arrount 14-3A-5 andlor Sanitary Sewer andlf:Jr Solid Waste Colection equal to an Accounts average two- month billing forthe delin- quentaccount r= iJ 'Miligrams per liter(MPl) SECTION 11 REPEALER All ordi- nances and parts of ordinances in co\')- flict wtth the provi-slQRS of this Ordinance are hereby repealed. SECTION 111 SEVERABILITY. If any section, provi-sion 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 section, provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV EFFECTIVE DATE. This Otdi-nance shaff be in effect July f, 2ooB. Passed and approved this 18th day of I April, 2006. . stRoss Wilburn, Mayor I Attest: slMarian K. Karr, City Cler\<. I' 69619 Apri12B,2oo6 I ~ 1 --= -.... .1.;--_....... ~aB!I~:f:'"!. ~...~...IIIII' .......~ 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. 06-4207 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. 'J . ~.~: n~\\~,,,~ Jull . Voparil " Deputy City Clerk -... .:. " '- < ~ 010- Lt"d..()\ ~~_\\~ Printer's Fee $ 105.30 i ORDINANCE NO. 06-4207 ORDINANCE AMENDING TITLE 3, "CITY ANANCES, TAXATION AND FEES," CHAPTER 4, "SCHED- ULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 3-4-3, ENmLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO DECREASE OR CHANGE WATER SERVICE CHARGES AND FEeS IN I IOWA CITY, IOWA. , WHEREAS, pursuant 10 Chapter 384. Goda of Iowa (2005): the I City of Iowa_City is authorized to establish aOO ptovide for the CoI~ , lection of rates to pay for the City's utility systems, including the City's water supply and treatment .system; and I WHEREAS, present water rates can safely be reduced without harming the financial condition of the City of Iowa City Water Division, both short and long term; and CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): llpA;f. '-:)(f),:JDt"J{ (J JJlclM ~,& &<c~<,-h/:l' WHEREAS, wastewater user charges wjH be increased by B% on July 1, 2006; and ) WHEREAS, the Iowa City City Council proposes to decrease ! water user fees by 5% for billings on or after July 1, 2006 to help ( offset the increase in wastewater user charges. I NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUN- , CIL OF THE CITY OF IOWA CITY. IOWA: SECTl9N I. AMENDME:NT. TItle 3, Chapter 4, Section 3, eontitled ~PotabJe Waler Use and Service," 01 the City Code is hereby I amended by: . a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following in lieu thereof: Descriotlon Of Fee Charae, Charae Bond I=ine Or Penalty Amount of Fee Charne Bond Fine Or Penalty Meter charge (nonrefundable) (14-3C-4) Meter, including meter reading device Meter Rize{ln~hes\ Eoo Legal Clerk Subscribed and sworn to before me this ).c,) . da; Of~ A.D.20 0(" 5/8 to 3/4 314 1 11/2 2 4 6 $120.00 150.00 184.00 336.00 442.00 1,484.00 2.832.00 (Ord. 01-3982. 8-21-2001) ~~A~ . ~otary Public ~ lutul~ :\ G....,. . . Number 732819 . . ..,.eo...,j f"CJI1 ExpIres January 'D, 2llDB Amount of Fee, Charge, Bond Fine or Penalty I Water Service Charges (14-3A-4) Meter Size (14-3A-4) ~ . Minimum monthly user 5/8. charges for water service 3/4 I for the first 100 cubiC feet 1 or less of water used, 1 1/2 I based on meter size 2 I 3 I : July 1, 2006 ~ 6.41 7.00 8.26 16.47 ' _ __22.14_j 40.91 I 71.37 143.61 ~ The minimum Charges for larger meters will be based on com- I Ii. parat/v8 costs to a 6" meter. The minimum monthly charge for an t. account holder who furnishes and maintains the meter at the j account holder's cost will be based on the minimum for a 518" .' meter, regardless of the size. . There will be no minimum monthly charge for a single-purpose I water meter for the months of November to March if no water is . used. . Monthly Usage (Cu. Ft) July 1, 2006 ~ Monthly user charges for water in excess of 100 cu. 11. per month for dual pur-pose water meters 101 to 3,000 2.99 per 100 cu.ft: cu.ft. Single-purpose meter ) charges for water 1 in excess of 100 cu. ft. Over 100 Returne(!.checkl automatic J bank debit for payment of i city utility services Discount for combined accounts enroJJed in SurePay, per billing Over 2.15 per 100 3,000 cU.ft. . cu.fl. 2.99 per 100 cU.ft 15.00 1." I Temporary Water Use (14-3A-4B) 1 During construction for the ftrst 90 days from tl1e date of the connection to the service line for a new service or a maximum I of 90 days for reco~str~ction : Single- and two-family residences. j per month 1 Multi-family residences, per month 1 Commercial structures, per month ) After 90 days for any structure, per month , until the water metar is installed I' (Ord, 96-3714, j -30-1996) Direct Purchase Of Water Fee, Per 200 Gallons I I Or Fraction Thereof (14-3A-4C) 1- _ I (Ord, 00-3937. 6-20-2(00) Deposit And Delinquency Fee For Combined City I Water AndlOr Sanitary Sewer And/Or Solid Waste CoJJection Accounts (14-3A-5) I Residential owner account, per combined residential service for City water and/or sanitary sewer and/or solid waste coJJection I service . O.O{) Residential tenant account, per combined ! residential service for<2!ty water andlor _ . sanitary seWer"arldlor solid waste collection service 80.00 Commercial account An amounl equal to an aver age 2 month billing for commercial service for City water andlor sanitary sewer service , 1 ~, ~~, d,~~ (:) Co - Lt~()l ~l ---~-----~-"- - - ----~- $15.00 15.00 25.00 Check water meter accuracy at consumer's raquest $35.00 Not done after If meter is found ,to nOrmal working . be reCOrding accurately hours Annual fire hydrant fee for inspection and operation of fire hydrants which are privately .owned or owned by ( other governmental agencies $50.00 Not done after r normal working hours If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. in addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages. including overtime. The water seNice division's, or its successor's, normal working hours ! ,~ are 8:00 A.M. to 4:30 P.M. daily. (Ord. 97.3818, 12-16-1997) SECTION II. REPEALER All ordinances and parts of ordi- nances in conflict with the provi-sions of this Ordinance are here- I by repealed. I SECTION 111. SEVERABILITY If any section, provi-sion or part j of the Ordinance shall be adjUdged to be invalid or unconstitu- , tional, such adjudication shall not affect the validity of the ' Ordinance as a whore or any section, provision or part thereof not adjudged invalid or unconsti-tutlonal. SECTION IV EFFECTIVE DATE This Ordi-nance shall be in. effect July 1. 2006. Passed and approved this 18th day or April, 2006. slRoss Wilburn, Mayor Attest: SiMarian K. Karr City Clerk 69615 April~6,2006 100.00 0.li5 5% delinquency charge on current billed portion of the outst:lnd- ing amount on combined water and/or sanitary sewer arldfor solid waste account that is not paid within 22 days of billing date. (Ord. 97:3818,12-16-1997) QJlllrlLO Delinquency Deposit Fee For Combined Water And/Or Sanitary Sewer And/Or Solid Waste Collection Accounts (14-3A-5) (Ord. 96-3714. 1-30-1996) An amount equal to an aver age 2 month biUing for th e delinquent account I Fees And Charges For Various Consumer SeNices . .. I Ch 'c (Vanous sections In Tit a 14, apler 3, Article ) I I t Size (Inches) '6 B 10 12 , 16 Extension Of Maior Feeder Linp.s {Oven;izinn\ Cost is $395.00/acre Installation And Connection Fees Cost (Per Linear Foot) $20,10 22,35 26.80 33.20 44.00 Service Fees Fee During Normal Workina Hmlrs Reconnection of discontinued sarvice $20.00 Posting fee lor Shutting oft water in collection procedure $20.00 Check leaky water meters Frozen water meters No charge $20.00, plus cost 01 meter repair Shutoff of water service at curb and check for . exterior leaks 'No charge Broken hydrant Repair cost Location of water main for other utilities. No charge Location of city-owned water main for prtvate enterprise No charge Fee After Normal Workioo HOl~ . $40.00 Not done after normal working hours No charge. . $40.00, plus cost of meter repair I $40.00; plu~i I hourly rate for time over 2 hours I $40.00, plus tl!!pair No charge $40,00, pi"" hourly rate for time over 2 hours I ~ 1 -...= -u:, ~~W~'t ~~"'lIIIliit~ ~.:.. 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. 06-4208 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ~ . ~~:o~~~~ Juli Voparil " Deputy City Clerk ....'';'-. ,. - '- Printer's Fee $--.Jq.sO CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED.ID #42-0330670 I, Diana Becicka, 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): flrA ~ D ;)1" ~l:> Legal Clerk Subscribed and sworn to before me this---J-vt. day of ~ A.D.20 (J(. , ~4 N OFFICIAL PUBLICATION ORDINANCE NO. 06-4208 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXA- TION AND FEES," CHAPTER 4, ENTI- TLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTI- TLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City ! provides certain solid waste collection I and disposal services; and WHEREAS, it is in the public interest to increase certain.fees and charges asso- I' eiated with said solid waste collection and disposal services; and t ~HEREAS, the Iowa City City Council proposes 10 increase residential solid \ waste coUection fees by approximately I 3% for billing on or after July 1, 2006, to I adequately finance operational costs; 1 and . I NOW, THEREFORE, BE IT ORDAINED' I I BY THE CITY COUNCIL OF THE CITY I . OF IOWA CITY, IOWA: I SECTION t. AMENDMENT. Trtle 3, enti- I tied "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, I Rates, Charges, Bonds, Fines, and I Penalties," Section 3.4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: I Changing the charge for residential solid , waste collection from $12.50 to $13.00 I per dwelling unit, and 2 rooming units, per month; and from $9.40 minimum to I $9.90 minimum for solid waste. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions of this Ordinance are , hereby repealed. I 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 I invalid or unconsti.tutional. SECTION IV. EFFECTIVE DATE. ThiS Ordi.~an.ce shall be effective July t, 200B,.':-" .. Passed and approved this 18th day of' April, 200B. slRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 69613 April 26, 2~06 , I ~ 1 -~= -........ J,---....... ~~~~~ ~~...IIIII" -..... 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. 06-4209 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 26, 2006. Dated at Iowa City, Iowa, this 5th day of May, 2006. ':::J -: ~:n~~~\".\ , Julie . 0 ril '-' . -- Deputy City Clerk _-o:-:~: .\<. '"' , - Printer's Fee $ ,:}o . d-'iS CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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{o,;)cOLL, Legal Clerk Subscribed and sworn to before me this~daYOf~ A.D. 20 (){ p ~I&r~ Notary Public ~u , eo.llIl~. Number 732819 . -. My Q".....h.t1t1n Expires ......, 77, 2llD8 OFFICIAL PUBLICATION ORDINANCE NO. 06-4209 ORDINANCE AMENDING TITLE 8. ENTITLED ~POLlCE REGULATIONS," CHAPTER 5. ENTITLED "MISCELLA- NEOUS OFFENSES, n BY ADDING A NEW SECTION 8, ENTITLED "ENGINE BRAKING" TO PROHIBIT THE USE OF ENGINE BRAKING EXCEPT IH AN EMERGENCY SITUATION. WHEREAS, engine braking causes an unreasonably loud or raucous noIse; and WHEREAS, it is in the best interest of the City to prohibit engine braking except in emergency sitl,lations. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA, . SECTION I. AMENDMENTS. 1. Title 8, entitled npolice Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby amended by adding a new Section 8, entitled "Engine Braking" as follows: No person shall use an engine brake while operating a motor vehicle except in an emergency situation. "Engine brake" means the use or opera- I' tion of any mechanical exhaust device designed to aid in the braking, decom- pression, or deceleration of any motor 'i vehicle which results in the unreasonably i loud, raucous, unusual, or explosive \ noise from such vehicle. "Emergency sit- uation" means one in which there is immi- nent danger to property, persons, and/or animals. Section II. VIOLATION. Any violation of this ordinance shall be con- sidered a simple misdemeanor punish- able, by a $50.00 fine. SECTION III. REPEALER. All ordinances and parts of ordinances in . conflict with the provision of this . Ordinance are hereby repealed. ,: I SECTION IV. SEVERABILI- l.' TV. If any section, provi-sion or part ot the ". Ordinance shal! be adjudged to .be ,inv~lid :' 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub- lication, as provided by law. Passed and approved thi~ 18th day of April, 2006. slRoss Wilburn, Mayor . Attest: slMarian K. Karr, City Clerk 69617 April 26, 2006 I ~ 1 --= -14 :!:~~!:'t ~"liiT"IIIIIm-i;, ...... .. 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. 06-4210 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of May, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 10, 2006. Dated at Iowa City, Iowa, this 6th day of June, 2006. ~' . ~~~". ~- . , " Julie . Voparil Deputy City Clerk .....,,\ ;. "- ~ -~ , ~ . \:Jlo -~A\\:) Printer's Fee $ 333.&'0 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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): ~ /{\ ;)(){)(o Legal Clerk Subscribed and sworn to before me this I~" day Of~ A.D. 20 0& y~^~ Public OFFICIAL PUBLICATION ORDINANce NO. 06-4210 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.51 ACRES OF PROPERTY LOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM INTERIM DEVELOP- MENT-MULTI-FAMILY RESIDENTIAL (ID-RM) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONE (RM-12). (REZ06-OO003). WHEREAS, Sycamore Apartments, LLC has applied for a rezoning of approximately 1.51 acres of property from ID-RM to RM-12, to allow a development with multi-family apartment structures; and . WHEREAS, said property is located on Kountry Lane SE, east of Sycamore Street; and WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential type development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development and has heard public input; and WHEREAS, the Commission recommendedapprovaJ, subject to conditions, which are related to maintaining sufficient transition and buffer for the adjoining single. family residence from the proposed multi-family apart- ment structure as shown On the concept plan. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CliY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Interim Development- Multi-Family Residential (ID-RM) to Low Density Multi- Family Residential Zone (RM-12): THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 2$, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SEC- TION 26, THENCE S88036'22"W - 451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PAR. CEL HEREIN DESCRIBED: THENCE S01023'38~E _ 236.02 FEET; THENCE SOUTHWESTERLY _ 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CON- CAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 56009'2r AND A CHORD OF S5BOS1'41'Vo1 _ 244.76 FEET; THENCE NOO"56'23"W - 375.20 .fEET; THENCE N88036'22ftE -. 206.82 FEET; THENCE S01023'38"E - 16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS 1.51 ACRES. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and pub- lication of this ordinance by law. I SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Conditional Zoning Agreement between lhe property owners, the applicant, and the City of Jowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County \? -J' \ \:S . OFFICIAL PUBLICATION Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi.sions of this Ordinance are hereby repealed. .SECTION VI. SEVERABILITY. If 'any section, 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 I unconsti-tutional. 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 2nd day of May, 2006. slRoss WilbUrn, Mayor Attest: slMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa. City, Jowa, a municipal corporation (hereinafter "Cily"), and Sycamore Apartments, LLC. (hereinafter "Owner/Applicanr). and WHEREAS, Owner/Applicant is the legal titre holder of approximately 1.51 acres of property located on the on Kountry Lane SE, east of Sycamore Street; and WHEREAS, the Owner/Applicant req~ested the rezon. ing of said property from Interim ,Development Multi- Family (ID-RM) to Low Density Multi-Family Residential zone (RM-12); and WHEREAS, the Planning and Zoning Commission has determined that, with conditions regarding creating and maintaining a sufficient transition space and buffer for the adjoining single-family residential property, the rezoning is appropriate and file Low Density Mu/ti~ Family Residential zoning is in conformance"with the Comprehensive Plan; and. WHEREAS, Iowa Code ~414.5 (2005) 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/Applicant acknowledge that certain conditions and restrictions are reasonable to ensure a sufficient transition and buffer to the adjoining single-family residential property; and . WHEREAS, Owner/Applicant agree to use this prop- erty 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. Sycamore Apartments, LLC. is the legal title holder and the applicant for a rezoning 01 the property legally deScribed as follows: THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OFTHE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88"36'22"W - 451.10 FEET TO THE POJNT OF THE BEGJNNJNG OF THE SAID PARCEL HEREIN DESCRIBED: THENCE S01023'38"E - 236.02 FEET; THENCE SOUTHWESTERLY - 254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CON. ----------------- ~~ ()1o-<-{~lO (?j. ~1--.3 OFFICIAL PUBLICATION I CAVE SOUTHWESTERLY WITH A CENTRAL ANGLE ; OF 56'09'27" AND A CHORD OF S58'31'41"W .- j 244.76 FEET; THENCE NQOo56'23"W - 375.20 FEET; I THENCE N88'36'22'E - 208.82 FEET;. THENCE S01023'38~E - 16.50 FEET TO THE POINTE OF : BEGINNING. SAID PARCEL CONTAINS 1.51 ACRES. I I 2. Owner/Applicant acknowledges that the City wishes I I to ensure appropriate residential development that con- forms to the principles of the Comprehensive Plan. j Further. the parties acknowledge that Iowa COdl3 I 9414.5 (2005) provides that the City of Iowa City may I impose reasonable conditions on granting an appli- , cant's rezoning request, over and above the exlstin!) regulations, in order to satisfy public needs caused by . the requested change, including provisions for main. ; taining sufficient transition between proposed low den- i sity multi-family residential zone and the existing single- family residential zone. Therefore Owner/Applicant' agrees to certain conditions over and above City regu- : lations as detailed below. 3. In consideration of the City's rezoning the subject, property, Owner/Applicant agrees that development of t the subject property will conform to all other require- , ments of the zoning code, and that the developer h; . required to maintain a minimum building setback of 3S \ feet from the east prope_rty line and that any proposed apartment building shall not be taller than 2 and half sto- ries. In addition, any proposed development shall con- form to the landscape plan,-building location and orien- tation, and the proposed trails connection to tho Sycamore Greenway shown in the concept plan attached herewith. 4. The Owner/Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~ 14.5 (2005), \ I l and that said conditions satisfy public needs that am ! ~aus~d by_ the ~~~ste~ !.o~gchangl:t. ' .....S:'TheOWnElf/ApplicanCClrid-City ackiiOWlidge that'in i j the event the subject property is transferred, sold, rede- ) vel oped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. t 6. The parties acknowledge that this Conditional Zoning \ Agreement shall be deemed to be a covenant runni~g 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 J Iowa City. The parties further acknowledge that this agreement , shall inure to the benefit of and bind ~II successors, rep- j resentatives, and assigns of the parties. 7. Applicant acknowledges that nothing in this: Conditional Zoning Agreement shall be construed to , relieve the Owner or Applicant from complying with all I other applicable local, stat~, and federal regulations. I 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 agree- I I ment shall be recorded in the Johnson County , Recorder's Office at the Applicant's expense. . Dated this 2nd day of May, 2006. I 1 L---- Sycamore Apartments, LLC. s1Steve Gordon CITY OF IOWA CITY s1Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk --------'------------- ----'- --- -I Sycamore A~rbnenfs N ~ Rezonl'g DAM to RlA-12 Exlltlng lalrrg - ~-12 (6.12 AcrSl) . EX11tlng ZCll'\1"'9 rt'J1IOM (1.1;1 ~_) Frop068C:i ~-12 Sldge. Exllll./Fropoeed 5-- 12 pll!lxes (2 berm. vnlls) 1 - b pll':lx ('2 bdrm. \ifll~) '2 ~ i> pJexes (I bdrm vnlls) 1-IOp\ex (Itx.nnvnl~i ToYl 82' Acr_ - Maxlml,rll de\ollrty . ~h:'lltl. ~ _ . lp- lklltll- "" . ,. '0 OOl.l'lltl _____---0..-,-"- ----/.. &cats, I' . 100' Fl':lb. 21, 2006 ~ -- F'a rlcJng' requJred ,. 102 pc:r/i;.lng !5poc.M = It, pork:lng sp~ = If. parldng!'>pcJc:.e!5. = 10 parklnq spac;l':l!5 2"~ Total ~CdIIr<<:Julrsd Park.lns FrO~06ed nq parking spac.es ~ r:-~l':lS 5p~ 4 Gompa~ !!IpOUl!l 23& Total If'<!Ic.a ~ I ,{ \ \, ..,-~ F\<1va\:aDl'_ --,,-- ......- ::t!~. .-- NeIMn DeoIan _PLC.- ..-~-~- ---- -.....,........ .-- --- .---- DloIg......or.lQIW2 l '- I. I I , ~ (:)\.0- L\;':l..\O C?0' ~~ 3 --------- -_.~ --- ---~ r Syemnore Api'lrfments LllJldscape Buller I , I. -- -, ! I I I I [ r 69762 ;> "iT N ~ Sc:.11s.f' _30' Har. I, 2006 6 c.ompad Burning Bush split rail - flenc.e In.,,... Zumi Crabapp e I ~ 5 Hhlte Pine 5 compac.t Burning Bush 5 Gompad Burning Bush Berm 5 c.ompad Burning Bush :3 Zuml Crabapple :3 Hhite Pine I, Ndson De5ian _P.LC,- .-~,.~~ .--- -~..- .-- --- .--- Dlog_.....0I21:l'1-Q ---.... ~~ May 10, 2008 ..~ I ~ 1 --= -~... f~~;e'"!. ~'Sr"'lIIIlm__ ....~ ~ 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. 06-4211 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of May, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 10, 2006. Dated at Iowa City, Iowa, this 6th day of June, 2006. .. ~ \.\\ \:::) ".: '.~ \",.\\~",~ . -' Julie. paril '-' ,.:; , ~ Deputy City Clerk '0- ..;: . .' '. Printer's Fee $~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, <."'; Diana Becicka, 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 f time(s), on the following date(s): ~ I D. ,.:J()()(L) \) 'I~ A1.I! W. '?v~ hi' 'L Legal Clerk SUbscrib.'d .... .wet;'::: m, this 7-11--- day 0 A.D.2000> . Yp~ ublic ii c....... '.. Number 7321119 .. .. ..,0.....1' -I expires . ~ 27, 2llOB H OFFICIAL PUBLICATION ORDINANCE NO. 06-4211 AN ORDINANCE REZONING 1.80 ACRE PROPERTY LOCATED AT 180311835 BOYRUM STREET FROM INTENSIVE COMMERCIAL (CI-l) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00005) WHEREAS, the applicant, Hy-Vee Food Stores, has requested a rezoning of properties located at 1803 and 1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial {CC.2) in order to allow expansion of their current store, located on abutting property south of Highway 6; and WHEREAS, the Planning and Zoning Commission found that abutting proper- ties to the west and north are currently zoned CC-2; and WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide major busi;.." ness districts that serve a significant seg~. 1 ment of the total community population . requiring .access from major thorough;~ fares; and - . ~ ..", WHEREAS, the Planning and Zoning Commission has found that Boyrum Street is a commercial' collector street designed to accommodate such volumes of traffic; and WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the Highway 6 Corridor as a significant com- mercial center for the community; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies these properties as General Commercial in its "Future Land Use Scenario"; and WHE.REAS, the Planning and Zoning Commission has recommended approval of the proposed rezon.ing; and WHEREAS, the 10Via City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAl. The property described below is hereby - reclassified from its current zoning classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: LOTS 1-13 BOYRUM SUBDIVISION PART 2 AS RECORDED IN BOOK 24 AT PAGE '2 OF THE JOHNSON COUNTY RECORDER'S OFFICE. SECTION II. ZONING MAP. The build- , ing official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to confonn to this amendment upon the final passage, approva) and publication of the ordinance as apptl~ved by law. SECTION Ill. CERTIFICATION AND RECORDING. 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 ordi- nance, as provided by law. .~ I.' I - SECTION" IV. REPEALER. -AII--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, th.~:i. 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 VI. 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 2nd day of May, 2006. slRoss Wilburn, Mayor Attest slMarian K. Karr, City Clerk 69761 ....--MaY 10,2006 I , I ~ 1 -~= -..... ...r----... ~~~!:'"!. ~~~_IIIII'- ..... .. ~ 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. 06-4212 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 19, 2006. Dated at Iowa City, Iowa, this 30th day of June, 2006. ~"~ ~ '~~.~ , Julie . Voparil ~ Deputy City Clerk , / ,.. '- ~.- '(::)Io-"-\d-..'''- Printer's Fee $ 11?,~;j6;;:' CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): -Id-r vnp I q, ;)!)()( 0 Legal Clerk Subscribed and sworn to before me day of..cl.-J this ~ A.D. 200(" ublic OFFICIAL PUBLICATION ORDINANCE NO. 06-4212 AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNA- TION OF 11.36 ACRES FROM GENER- AL INDUSTRIAL (t-l) TO INTENSIVE INDUSTRIAL (1'2) FOR PROPERTY LOCATED EAST OF RIVERSIDE DRIVE WHEREAS, the applicant, Ace Auto Recyclers, Inc., has requested that 11.36 acres be rezoned from 1-1 to 1-2; and WHEREAS, the proposed rezoning will legitimize and allow the expansion of an existing auto salvage facility located on 1tlis property; and WHEREAS, the Comprehensive Plan indicates that this area adjacent to South Riverside Drive is an entranceway 10 the City; and WHEREAS, the Comprehensive Plan indicates that salvage operations should be allowed to expand only if adequate landscaping and screening is provided; and WHEREAS, the Planning and Zoning Commission has recommended approval of this proposed rezoning subject to con- ditions pertaining to landscaping and screening of the salvage yard; and WHEREAS, Iowa Code Section 415.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's request over and above existing regulations, in order to satisfy public needs caused by the rezon- ing request; and WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable to ensure that the salvage operations on this property are well- screened from view of Riverside Drive and adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF rHE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL Subject to the l terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from 1-1 to 1-2: Commencing a the Northeast comer of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SoooOO'OO"W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOOCOQ'OQ"'W, along said East \ Line of the Northeast Quarter, 903.88 feet; Thence S90oQO'0Q"W, 525.30 feet; '1 Thence N01 o10'00~E, 541.87 feet; I Thence N88038'57"W, 54.53 feet; I Thence N01024'33~E, 322.72 feet; i Thence N88001 '38~W, 60.00 feet; ,Thence N01058'22"E, 57.50 feet; , Thence S8801'38~E, 619.19 feel, to the Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is subject to easements and restrictions or record. . SECTION II ZONING MAP. The Building Inspector is hereby authorized r nd directed tl? change the Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law._ SECTION III CONDITIONAl ZONING AGREEMENT Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement attached , hereto and incorporated by reference ! herein. I SECTION IV. CERTIFICATION AND j RECORDING. Upon passage and . approval of the Ordinance and after exe- I cution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy \ of this Ordinance and the Conditional Zoning Agreement and to record the . same at the Office of the County \r~, \~~ OFFICIAL PUBLICATION i 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 whore or any section, pro- . vision or part thereof not adjudged invalid ; or unconstitutional. I SECTION VII EFFECTIVE DATE This. Ordinance shall be in effect after its final i passage, approval and publication, as provided by law. Passed and approved this 13th day of June, 2006. stRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal cor- poration (hereinafter "City"), and Ace I Auto Recyclers, Inc., property owner and . applicant (hereinafter ~Applicant"); and WHEREAS, Applicant is the legal title I holder of approximately 11.36 acres of property located east of South Riverside Drive; and WHEREAS, the Applicant has requested the rezoning 01 said property from General Industrial (1-1) to Heavy Industrial (1-2); and . WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding setback from Riverside Drive, screening with a solid wall and evergreen landscaping, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code ~14.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's rezoning request, over , and above existing regulations, in order , to satisfy public needs caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the develop- ment of the property for 1-2 uses is com- patible wllh the Comprehensive Plan's proposal for this entryway to Iowa City; and WHEREAS, Applicant agrees to develop this property in accordance with the terms and conditions of a conditional zon- ing agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Ace Auto Recyclers, Inc. is the legal title holder of the property legally described as follows: Commencing a the Northeast comer of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SOQoQO'OO"W, -8 recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; .Thence .SOO~OO'OO"W, along _said ,East Line of the Northeast Quarter, 903.88 . feet; Thence S90000'00''W, 525.30 feet; Thence N0101D'OO"E, 541.87 feet; Thence N88038'5rW, 54.53 feet; Thence NOl o24'33~E, 322.72 feet; Thence N88001 '38"W, 60.00 feet; Thence N01058'22"E, 57.50 feet; Thence 88801'38"E, 619.19 feet, to the I Point of Beginning. Said parcel of land contains 11.36 acres, more or less and is i subject to easements and restrictions of , record. 2. The Applicant acknowledges that the I City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that I Iowa Code ~ 14.5 (2005) provides that OFFICIAL PUBLICATION the City of Iowa City may impose reason- able 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, including provisions for setting I. 2 uses including salvage operations back from S. Riverside Drive and screening them with a solid wall and evergreen trees, Therefore Applicant agrees to cer- tain conditions over and above City regu- lations as detailed below. 3. In consideration of the City's rezoning the subject property, Applicant agrees that development of the subject property will conform to aU other requirements of the zoning chapter, and that: a. Development of the property will con- fonn to the site plan attached here to and made part of this agreement. b. As shown on the site plan any salvage use shall be set back 300 feet east of S. Riverside Drive with the exception of the existing warehouse and scale. c. Prior to receMng a building permit the applicant shall Install all landscape and screening improvements as specified on r the attached site plan except for those I within 30 feet of the proposed building in the adjacent 1-' zone. Prior to issuance of ! an occupancy permit for any building, all' l' other required landscaping, as indicated on the site plan, must be installed; d. Spruce trees on the west and south side of the wall surrounding the property shall be planted in a staggered pattern 20 I feet on center. They shall be a minimum ' of 2" in caliper at time of planting unless an alternative is approved by the City Forester. e. The area designated as the blue line stream must remain outside the fenced area of the sile and a fifteen foot buffer must be left between the fence and the blue line drainage way. 4. The Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~14.5 (2005), and that said conditions satisfy publiC needs that are caused by the requested zoning change. 5. The Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdi- vided, 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 acknowl- edge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the par- ties. \ 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall (' be construed to relieve the Owner or Applicant from complying with all other applicable local, slate, and federal regu- lations. ~ 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adop- tion and publication of the ordioance, this I agreement shall be recorded in the I' Johnson County Recorder's OffICe at the Applicant's expense. Passed and approved this 13th day of I I June, 2006. stRoss Wilbum,' I 1 Mayor Attest slMarian K. Karr, City Clerk alACE AUTO RECYCLERS. INC. 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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. 06-4213 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 19, 2006. Dated at Iowa City, Iowa. this 30th day of June, 2006. ~ \,,~ "'"t'-' ^ . \- Julie. paril Deputy City Clerk "\."--; ;. ,- , '. ~-..;~- ~~-L\~\3 Printer's Fee LiPS. 5 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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): 4}A'A? /, jqJ /lmG Legal Clerk Subscribed and sworn to before me this;)o"';"'" day of 0 .......f_ A.D. 20 olP. ~- ~,~ . . otary Public' UN . (.6., Cam.,....~ 732819 '. My~ expires J.1uary 27, 2OD8 OFFICIAL PUBLICATION ORDINANCE NO.06..0I213 AN ORDINANCE REZONING THE FOL, LOWING PROPERTIES ASSOCIATED WITH UNIVERSITY OF IOWA TO INSTI- TUTIONAL PUBLIC (P2): 511 SOUTH MADISON STREET AND 620 AND 624 I SOUTH MADISON STREET FROM INTENSIVE COMMERCIAL (CI-l) TO P2; LOTS 14 AND 15 IN GRAND ~ I AVENUE COURT ADomON AND 320 MELROSE AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDEN- TIAL (R5-8) TO P2; LOT 4 IN MEL. ROSE COURT ADDITION, 223 LUCON DRIVE, 609 MELROSE AVENUE, AND I 3 OAK PARK COURT FROM LOW DENSITY SINGLE FAMILY RESIDEN- , TIAL (RS-5) TO P2; 322 NORTH CLlN- l TON STREET FROM PLANNED HIGH } OENS.TY MULTI.FAMILV RESIDEN- \ TIAL (PRM) TO P2; 430 AND 530 " -i. NORTH CliNTON FROM HIGH DENSI- I'.TY MULTl-FAMILY RESIDENTIAL (RM' . 44) TO P2; AND OLD CAPITOL MALL FROM CENTRAL BUSINESS DIS- TRICT (CB-l0) TO P2ICB-l0. WHEREAS, Section 14-6F-1 of the Iowa City Zoning Ordinance requires that land owned by a government entity be zMed P, Public; and WHEREAS, Section 14-6F-1B-2 of the Zoning Ordinance indicates that proper- ties owned by the State or Federal gov- ernment be zoned Institutional Public (P2); and WHEREAS, the City of Iowa City has ini- tiated thei8zoning 01 abovementioned properti6s~m their prior zoning desig- nation to P2, Institutional Public; and WHEREAS, the properties whose , . descriptions are listed below fall into the ) icategory of properties owned by the . University of Iowa; and WHEREAS, the University of Iowa has purchased portions of Old Capitol Mall and Is leasing other portions while most of the first level and portions of the sec- r and level are lJeing retained under pri- vate ownership. To reflect this mixed ten:. j ancy the mall should be rezoned to P2fCB10; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY f ' OF IOWA CITY, IOWA: SECTION I APPROVAL The zoning designation for the properties described below is hereby changed from the prior designation, to P2, Institutional Public: 511 South Madison The south 20 feet of Lot 1, and the north half of lot 2 in Block 5, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa. And, 320 Melrose Avenue, Grand Avenue Court Addition Lot 1 and the South 20 feet of Lot 2, in Grand Avenue Court Addition to Iowa City, Iowa, according to the recorded plat thereof. And, Lots 14 and 15 in Grand Avenue Court Addition lot Fourteen (14) and Fifteen (15) in Grand. Avenue Court, Iowa City, Iowa, according to the plat thereof recorded in Book' 3, Page 101, 'Plat Records of Johnson County, Iowa. And, Lot 4 in Melrose Court Addition Lot four (4) in Melrose Court Addition to \ Iowa City, Iowa, according to the plat of the resurvey thereof recorded in Book 3, Page 139, Plat Records of Johnson County, Iowa. And, ~~. \ '\~ " 'e09'MelroseAvElnue- ------ ~ ;' Commencing at a point where the East Une of the East 132 feet of lot 4 of Paul .Custer's Subdivision in Lot 1, of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian, intersects the Southerly Right-ai-Way Une of Melrose Avenue; thence N90000'00ft W (an assumed bearing), 66.00 feet, along said Southerly Right-of-Way Line, to the Point of Beginning; thence S02022'03"E, 149.55 feet; thence S90000'00~E, 73.00 feet to a point on said East Lin& of lot 4; thence S05002'24"E, along said East Line, 439.70 teet; thence S89049'13"W, 131,99 feet; thence N05001'22'W, 590.10 feet, to a point on said southerly Right-of-Way Line of Melrose Avenue; thence S90000'OOftE, along said Southerly Right-at-Way Line, 65.85 feet, to a Point of Beginning. i And, 223 Lucon Drive Lot 8 and the North 20 feet of Lot 7, Lucon Subdivision~ Johnson County, Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 184, Plat Records of Johnson County, Iowa. And, 3 Oak Pari< Court Lot three (3), Oak Park Court, according to the Plat thereof recorded in Plat Book 4, Page 239, in the Plat Records of Johnson County, Iowa. And, 322 North Clinton Street : Commencing at the southwest corner of lot FoUl' (4) in SIock S&venty-six (76~ in Iowa City,~a, according to the record- ed plat t"'eof, thence north 70 feet, thence ea~" 105 feet, thence south 70 feet, thence west 105 feet to the place of I beginning. . And, 430 North Clinton Street- The North Half of Lot 4 and the West Half of Lot 3 in Block 75, in Iowa City, Iowa. And, 530 North Clinton Street Commencing at the northwest comer of Lot 4 in Block 74 ,in Iowa City, . Iowa; I according to the recorded plat thereof, running thence east 94 feet, thence I ;~::h 75 laet. the"ce west 94 leetto tha west line of said lot, thence north to the e..oLbeginning;JagelheL.w~ subject to the Sewer Agreement dated , October 12, 1951 by and between}Auby { I Walzem and Stella S. Scott and Phi j Chapter of Delta Delta Delta House \ Association, Inc. recorded on Page 189, Book 212, in the Office of the Recorder at , Johnson County And, 620 South Madison Street Lot 6 and the north half of lot 5, in Block 13, in the County Seat of Johnson County, Iowa, according to the plat there- of recorded in Book 1, page 253, Deed Records of Johnson County, Iowa. And, 624 South Madison Street Beginning at the S.W. corner of Lot No.5, Block 13 County Seat Addition of Iowa City, thence south 65 feet, thence easter- ly to a point 30 teet south or the S.E. cor. I ner of said Lot 5, thence west 150 teet to .J the poii'll of beginning. SECTION II ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City at Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordi- I~~.PY law. '----' ~.()b-~n\3 ~.~~~ rSECTldN-iil CERTIFICATION A"NiJ'1 RECORDlN~ The City Clerk is hereby l authorized and directed to certify a copy ! I of this ordinance which shall be recorded I at the office of the county recorder of I Johnson County, Iowa, upon final pas- sage and pUblication as provided by law. SECTION IV. REPEALEa All ordi- nances and parts of ordinances in con- flict with the provision of this ordinance are hereby repealed. SECTION V SEVERABILITY If any section, provision or part of this ordi- nance shalf be aCfjudged 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 VI. EFFECTIVE DATE. This I ordinance shall be in effect after its final passage, approval and publication, as [ required by law. j Passed and approved this 13th day of June, 2006. slRoss Wilburn, Mayor Attest: sJMalian K. Karr, City Clerk 70102 June 19, 2006 ~._-" I ~ 1 -""= -.... ...r----... ~~~~~ -..::..~~...IIIII'- ...... .. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX wwwoicgov.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. 06-4214 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 19, 2006. Dated at Iowa City, Iowa, this 30th day of June, 2006. (:J ~\"\\J~\)_, Julie . opanl Deputy City Clerk ...,-, ; " r , ~, o(p--:-y:;z\y Printer's Fee $--J?~3_Y- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED.ID #42.0330670 I, Diana Becicka, 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): ~ jCl,;)ooG Legal Clerk Subscribed and swornciefore me this ~ day of ~ A.D. 20 (Xp XJlrA~ blic uNtiA kR01Z i) c...... I LI -, Number 732S19 . .. My Co.... It 1;" Expires . .-.uary~, 2008 r OFFICIAL PUSLlCATION I ORDINANCE NO. 06-4214 AN ORDINANCE REZONING THE FOL- LOWING PROPERnES ASSOCIATED ' WITH THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO NEIGHBOR- HOOD PUBLIC (Pl) AND THE IOWA NATIONAL GUARD TO INSmUTION, AL PUBLIC (P2), BENTON HILL PARK, WHISPERING MEADOWS WETLAND PARK, OUTLOT ASSOCIATED WITH . EAST HILL SUBDIVISION, OUTLOT! ASSOCIATED WITH LONGFELLOW! MANOR, AND OUTLOT ASSOCIATED WITH WALDEN WOOD PART 9 FROM MEDIUM DENSITY SINGLE FAMILY.' RESIDENTIAL (RS-8) TO Pl, PROPER- TIES ASSOCIATED WITH GLENDALE, PARK, HUNTER'S RUN PARK. WIND- , SOR RIDGE PARK, GRANT WOOD r ELEMENTARY SCHOOL. AND IRVING WEBER ELEMENTARY SCHOOL I FROM LOW DENSITY SINGLE FAMILY I RESIDENTIAL (RS-S) TO P1, PROPER- TIES ASSOCIATED WITH WEATHER-, BY PARK AND THE SYCAMORE GREENWAY FROM INTERIM DEVEl- OPMENT SINGLE FAMILY RESIDEN- TIAL (JD-RS) TO P1; PROPERTIES ASSOCIATED WITH COURT HILL TRAIL FROM MEDIUM DENSITY MULTI.FAMILY RESIDENTIAL (RM-20) I TO P1; AND PROPERTIES ASSOCIAT, , I ED WITH HARLOCKE HILL PARK l l FROM OVERLAY PLANNED DEVEL. : OPMENT/HIGH DENSITY MULn-FAM~ I LY RESIDENTtAL (OPDIRM-44) TO P1; AND fiRE STATION #4 AT THE INTER- SECTION OF SCOTT BOULEVARD AND NORTH DODGE STREET FROM RURAL RESIDENnAL (RR-l) TO P1; AND PROPERTY LOCATED ON THE , NORTH SIDE OF MELROSE AVENUE, WEST OF HIGHWAY 218 FROM Pi TO INSmUTlONAL PUBLIC (P2). WHEREAS, Section 14.6F-1 of the Iowa City Zoning Ordinance requires that land owned by a govemment entity be zoned P, Public; and I WHEREAS, Section 14--6F.l B-1 of the Zoning Ordinance indicates tha.t proper- ties owned by the City of Iowa City be : zoned Neighbomood Public (Pl); and \ WHEREAS, the City of 10wa.City has ini- tiated the rezoning of abovementioned properties from their prior .zoning desig- nation to P1, Neighbomood Public; and WHEREAS, the properties whose descriptions are listed below fall into the category of properties owned by the City; and ! WHEREAS, Section 14-6F.1B-2 of the Zoning Ordinance indicates 1hat proper- ties owned by the State or Federal gov- ernment be zoned Institutional Public I (P2); and WHEREAS, certain property on the north side of Melrose Avenue, wes1 of Highway 218, has been transferred from Johnson I County to the Stale of Iowa National Guard, for the construction of a new , Armory, necessitating a zoning change from P1 to P2. I NOW, THEREFORE, BE IT ORDAINED J BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.' APPROVAL. The zoning . designation-fot_the properties'described below is hereby changed from the prior : designation, to P1, Neighborhood Public: Benton Hill Park: Lots 3 and 4 of Henry F. Byrd's Subdivision as recorded in Book 4, Page I 186 of the Johnson County Recorder's \ Office I Including, \ ~uppert Hills SUbdiV. ision, Outlot A LI:!~~~r's Run Park._ 9~.\,,\~ ~I A'parcelof land'IOcated in theSE-__ NW--: _ of Section 18, T79N, R6W of the 5th I P.M., City of Iowa City, Johnson County, ' . Iowa: Beginning at a point S 89046' W .1139.9 feet from the .center of said Section 18. said point being on the south line at said SE _ NW _; thence S 89046' W 1200,3 ' feet along said south line, to the SW I Comer of said SE _ NW _ ; thence N I 0044' W 1239.3 feet along the west line of said SE NW 1/4 ; thence S 46029,25' E i 1564.5 feet; thence S 2r24.25' E:177,0 I feet to the Point of Beginning; excepting I therefrom all that part thereof included in I a corrective Quit Claim Deed and bound- , ary line agreement recorded in Book 583, Pages 89.94 and as shown on a Plat of Survey recorded as No, 4005, Book 20, Page 11, in the records of Johnson I County, Iowa; containing 16.1 acres 1 more or less, subject to a 2O-foot ease. ment for sanitary sewer, Note: The south I tine of the SE _ NW _ of said Section 18 is assumed to bear S 89046' W. I InCluding, i Parkway in Hunter's RlItl Subdivision, Part 3 I And. I i Park Area of Hunter's Run Subdivision, I Part 6 , And ' Parkway in Hunter's Run Subdivision, Part 4. And, , Whispering Meadows Wetland Park Park area as depicted on final plat of Whispering Meadows Part 1, And, Longfellow Manor, Outlot 1 And, Mackinaw Village, Outlot B . And East Hm Subdi;ision, Outlot A And, , Sycamore Greenway 1 . BEGINNING AT THE NORTHWEST : CORNER OF THE SOUTHWEST ONE-I ; .OUART!:.R OF THE SOUTHEAST ONE- I QUARTER' OF SECTION 23, TOWN- ., I SHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P,M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N88g34'OrE, ALONG THE SOUTHERLY LINE OF MOUNT PROSPECT ADDI- I TION, PARTS VII AND VI1I, ACCORD. { ING TO THE RECORDED PLATS,' THEREOF, 1324.88 FEET, TO THE; SOUTHEAST CORNER OF LOT 307 OF I SAIO MOUNT PROSPECT ADDITION, PART VIII; THENCE SOOg44'21ME,' J ALONG THE WESTERLY LINE OF , I LAKESIDE ADDITION AND ITS SOUTHERLY EXT~NSION THEREOF, 1325,46 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST ONE. ' QUARTER OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 23; THENCE N881148'22"E, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, , A DISTANCE OF 795.57 FEET; THENCE S34ll()4'44~600:59 r-t.t.I; IHENCEf ] SOUTHEASTERLY, 202.62 FEET' ALONG AN ARC OF A 300.00 FOOT RADIUS CURVE. CONCAVE SOUTH- I WESTERLY, WHOSE 198.79 FOOT . CHORD BEARS S14g43'48"E; 'THENCE I ! SQ4g3T09"'W, 787.95 FEET; THENCI; I SOUTHEASTERLY, 171.11 FEET ALONG AN ARC OF A 400,00 FOOT RADIUS CURVE, CONCAVE NORTH- EASTERLY, WHOSE 169,81 FOOT CHORD BEARS S07"38'10"E; THENCE S191153'28"E, 637.39 FEET; THENCe SOUTHEASTERLY, 300,85 FEET ALONG AN ARC OF A 900.00 FOOT RADIUS CURVE, CONCAVE NORTH- EASTERLY, WHOSE 299.45 FOOT CHORD BEARS S2~8'03"'E; THENCE SOUTHEASTERLY, 129,99 FEET ALONG AN ARC OF A 200.00 FOOT RADIUS CURVE, CONCAVE SOUTH. . I';EST~RLY,_WHOSE_J27J2 FOOT N24'36'43"E. 1159.84 FEET; THENCE S87l!aO'12"W, 69.67 F"EET; THENCE N21"32'44"VV, 109.97 FEET; THENCE NORTHWESTERLY, 841.87 FEET I ALONG AN ARC OF A 1943.27 FOOT RADIUS CURVE. CONCAVE NORTH. EASTERLY, WHOSE 835.30 FOOT CHORD BEARS N31248'53'W; THENCE I NORTHWESTERLY, 771.52 FEET I' ALONG AN ARC OF A 1175.00 FOOT RADIUS CURVE. CONCAVE NORTH. I EASTERLY. WHOSE 757.73 FOOT I CHORD BEARS N7Sl!36'29"V\'; THENCE . N59'4T51"W, 509.88 FEET; THENCE l NORTHWESTERLY, 68.13 FEET. ALONG AN ARC OF A 1450.00 FOOT RADIUS CURVE, CONCAVE SOUTH. ' WESTERLY. WHOSE 68.12 FOOT J. CHORD BEARS N6ll/0B'37"W; THENCE I NOOV59'29'W, ALONG THE SOUTHER- . L Y EXTENSION OF THE EASTERLY LINE OF MAKADA SUBDIVISION, JOHNSON COUNTY. IOWA ACCORD. ING TO THE RECORDED PLATTHERE. OF. AND SAID EASTERLY LINE, 784.22 FEET; THENCE N89l!OO'31"E, 300.00 FEET; THENCE SOOl/59'29"E, 649.97 ' FEET; THENCE S34l!30'47"E, 219.49 ! FEET; THENCE S54l!54'17"E, 254.26 : FEET; THENCE NORTHEASTERLY, 702.91 FEET ALONG AN ARC OF A ' 575.00 FOOT RADIUS CURVE, CON. CAVE NORTHERLY, WHOSE 659.951 FOOT CHORD BEARS N89l!03'23"E; THENCE NORTHEASTERLY, 268.141 FEET ALONG AN ARC OF A 260.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 256.42 ( FOOT CHORD BEARS N591159'40"E; I THENCE NORTHEASTERLY, 159.78 FEET ALONG AN ARC OF A 400.00 POOT RADIUS CURVE, CONCAVE I NORTHWESTERLY, WHOSE 158.70 i FOOT CHORD BEARS N791129'18"E; I THENCE N56gS9'46"E, 207.23 FEET; THENCE N211151'46nE, 129.12 FEET; I THENCE NORTHWESTERLY. 70.96 ( FEET ALONG AN ARC OF A 100.00 " FOOT RADIUS CURVE, CONCAVE II SOUTHWESTERLY. WHOSE 69.48 , FOOT CHORD BEARS N131124'S7"W; : THENCE NORTHWESTERLY, 265.96 FEET ALONG AN ARC OF A 1100.00 I FOOT RADIUS CURVE, CONCAVE [ I NORTHEASTERLY, WHOSE 265.31 FOOT CHORD BEARS N26'49'D4"W; THENCE N1911S3'28"W, 637.39 FEET; , I THENCE NORTHWESTERLY, 256.67 , FEET ALONG AN ARC OF A 600.00 I FOOT RADIUS CURVE, CONCAVE I l NORTHEASTERLY, WHOSE 254.72 r FOOT CHORD BEARS N071138'1O'W; I " THENCE N041137'09"E, 787.95 FEET; I " THENCE NORTHWESTERLY, 67.54 1 ~ FEET ALONG AN ARC OF A 100.00 .r FOOT RADIUS CURVE. CONCAVE ,SOUTHweSTERLY,- WHOSE. .66.26 FOOT CHORD BEARS N141143'48"W; 'THENCE N341104'44"W, 246.83 FEET; 1 THENCE NORTHWESTERLY, 446.58 . I FEET ALONG AN ARC OF A 450.00 [ FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 430.24 I FOOT CHORD BEARS N62g38'11"W; THENCE S88"48'22"W, 352.87 FEET; THENCE NORTHWESTERLY, 293.32 I FEET ALONG AN ARC OF A 325.00 FOOT RADIUS CURVE, CONCAVE I NORTHEASTERLY, WHOSE 283.47 FOOT CHORD BEARS N591114'42"W; THENCE S88~8'22"W, 1175.96 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE.QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY IOWA; THENCE N01'102'06"W, ALONG SAID WEST LINE, 50.00 FEET TO THE NORTH ONE.OUARTER CORNER OF SAID SECTION 26; THENCE N8S1148'22~E, ALONG THE NORTH LINE 'OF SAID SECTION 26, A DISTANCE OF 1150.09 { ~~ . ()(P-4:l...\~ ~ CHORD-BEARS' s2'0'22'Ss"E;THENCE SOUTHWESTERLY, 904.72 FEET ALONG AN ARC OF A 1175.00 FOOT RADIUS CURVE. CONCAVE NORTH. WESTERLY, WHOSE 882.54 FOOT CHORD BEARS S49'28'43"W; THENCE SOUTHEASTERLY, 531.22 FEET I ALONG AN ARC OF A 383.00 FOOT RADIUS CURVE. CONCAVE NORTH. , EASTERLY, WHOSE 489.65 FOOT CHORD BEARS S4D'D2'OS'E; THENCE N01"46'05"W, 99.96 FEET; THENCE NB8"14'49~E, 290.63 FEET; THENCE N241137'22"E, 607.00 FEET; THENCE NoaIl40'02"E, 276.74; THENCE. N371132'33~E, 15.74 FEET; THENCE I SOUTHEASTERLY. 934.38 FEET ALONG AN ARC OF A 1300.00 FOOT RADIUS CURVE. CONCAVE SOUTH. WESTERLY, WHOSE 914.40 FOOT CHORD BEARS S2611SO'06"E; THENCE SOl1116'52"E, 571.99 FEET; THENCE SOUTHWESTERLY, 2017.15 FEET I ALONG AN ARC OF A 1400.00 FOOT RADIUS CURVE, CONCAVE NORTH. WESTERLY. WHOSE .1847.14 FOOT I CHORD BEARS S531131'17"W; THENCE FEET; THENCE NORTHEASTERLY, r 278.08 FEET ALONG AN ARC OF A 325.00 FOOT RADIUS CURVE, CON. I CAVE EASTERLY, WHOSE 269.67 I FOOT CHORD BEARS N01"02'53"E; ! THENCE NORTHEASTERLY, 171.98 ' FEET ALONG AN ARC OF A 375.00 I FOOT RADIUS CURVE, CONCAVE I NORTHWESTERLY, WHOSE 170.481 FOOT CHORD BEARS N121125'16"E; THENCE NOD'43'D2"W. 651.65 FEET; j THENCE N421114'08'W, 136.59 FEET; I THENCE NORTHWESTERLY, 85.92 I FEET ALONG AN ARC OF A 100.00 FOOT RADIUS CURVE. CONCAVE,' SOUTHWESTERLY, WHOSE 83.31 FOOT CHORD BEARS N66'48'58"W; THENCE S881134'Orw, 1028.47 FEET TO A POINT ON THE WEST LINE OF ' THE SOUTHWEST ONE-QUARTER Of i THE SOUTHEAST ONE.(lUARTER OF ,SAID SECTION 23; THENCE NOOIl36'54"W, ALONG SAID WEST t LINE. 100.01 FEET TO THE POINT OF I BEGINNING, CONTAINING 87.01 I ACRES AND IS SUBJECT TO EASE. MENTS AND RESTRICTIONS OF ( RECORD. . Excepting those portions of Sycamore Greenway which fall outside of the ' boundaries of the City of Iowa City, And, Glendale Park A par1<. in Memler's Subdivision And, Walden Wood, Part 9, Outl01 A And, - Windsor Ridge Park, Windsor Ridge Subdivision, Parts 1 & 2, Outlot B And, Windsor Ridge Subdivision, Part 8. OutlotB, And. Windsor Ridge Subdivision. Part 7, OutlotB And, ( Windsor Ridge Subdivision, Part 5, OutlotB And, Windsor Ridge Subdivision. Part 9. , OutlotN And Hartocke Hill Par1<. BEGINNING AT THE SOUTHWEST I I CORNER OF LOT 25 OF WEEBERS ~ ~.THIRV-ADD'TION-TO-IOWA. CITY, I' IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE ' N01056'39"E, ALONG THE WESTERLY 1 LINE OF SAID LOT 25, A DISTANCE OF 1 174.58 FEET; THENCE S88009'30"E, 144.79 FEET; THENCE S43009'3Q"E, \ \ 95.65 FEET' THENCE= SB7056'5BnE ~J- d,\~ f'191:57-FEET-TOAPblNfONt~E EASTERLY LINE OF SAID LOT 25; I THENCE S01"50'3O'W, ALONG SAID EASTERLY LINE, 25.00 FEET TO THE I SOUTHEAST CORNER OS SAID LOT i 25; THENCE N87"56'58"W. ALONG TH , I ESOUTHERL Y LINE OF SAID LOT 25, A I DISTANCE OF 403.59 FEET TO SAID I '\ POINT OF BEGINNING, CONTAINING 0.91 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF I RECORD. I I And, .. North Fire Station Site Auditor Parcel 2003047, being a portion I I of land lying in the northeast quarter of I Section 2, Township 79 North. Range 6 ! West of the Fifth Principal Meridian, City of Iowa City, Johnson County, Iowa, depicted and described on the plat of $ur- I vey recorded at Plat Book 48, Page 305 with the JOhnson County Recorder, con- l taining 48.907 sf, or 1.123 acres. { And, Grant WOOd Elementary School t That portion of the Grant Wood \ Elementary School property located east r of Mount Prospect Subdivision, Parts V ! and VI. And, I Irving Weber Elementary School I Wild Prairie Estates, Part I, Outlot B. And, : A portion of the S1f2 of the SE1/4 of Section 12, Township 79 North, Range 7/ West of the 5th Principal Meridian, Johnson County, Iowa, described as fol. I lows: Beginning at the South Quarter Comer of said Section 12; Thence NOOo. ! OO'-44~E - 40.00 teet along the West Une of the SE of said Section 12 to a 1 point on the North ROW of Melrose Avenue West; Thence N890.06'.39"E - 952.64 feet along said North ROW to 1he , Point of Beginning; Thence NOOo-OO'. t 44~E - 492.80 feet' Thence S890_07'_ 09nE - 365.2 feet; Thence NOoo-OO'-44"E I - 788.49 feet 10 a point on the North Line I of the S _ of the SE _ of said Section 12; , Thence ,S4r-34'-12nE - 739.36 feel; S290-41'_18"E - 680.64 feet and 8550. 54'-46'W - 236.66 feet 10 a point on the North ROW of Melrose Avenue West; The-nee aJong said North ROW the fol- lowing courses and distances: S840.28'. 3"W - 591.54 feet and 5890-.06'-39"W - 333.55 1eet to the Point of Beginning. Said parcel contains 25.00 acres. SECTION II. ZONING MAP. The Building Inspector /s hereby authorized and I directed to change the zoning map of the { City of Iowa City, Iowa, to conform to this ~ amendment upon the final passage, I approval and publication of this ordi- nance by Jaw. SECTION III. CERTIFICATION AND RECORDING. The City Clerk ;s hereby authorized an directed to certify a copy of this ordinance which shall be recorded at the office of the county recorder of I Johnson County, Iowa, upon final pas- ! sage and publication as provided by law. \ SECTION IV. REPEALER. An ordi- nances and parts of ordfnances in con- f met with the provision of this ordinance f ~- are hereby repealed. it . SECTION V. SEVERABILITY. If any . section, promion or part of lhis ordj. i nanca shall be adjudged to be invalid or 1 unconstitutional, such adjudication shall I . not affect the validity of the ordinance as a whole 01 any section, provision or part thereof not adjudged invalid or unconsti- tutional. I SECTION VI. EFFECTIVE DATE. This i ordinance shall be in effect after its final I passage, approval and publication, as I required by law. I Passed and approved this 13th day of June, 2006. l slRoss Wilburn, Mayor Attest slMarian K. Karr, City Clerk 70104 June 19,2006 I ~ 1 --= -~ :!:~W~'t -..::..... "'11II1'- ..... .. 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. 06-4215 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 13th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 19, 2006. Dated at Iowa City, Iowa, this 30th day of June, 2006. ~\~~~~ Jull . Voparil '-' Deputy City Clerk '- Printer's Fee $ ~5.'7i/ ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED.ID #42-0330670 I, Diana Becicka, 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): J}ur1.( Ie;, :JCO{p Legal Clerk Subscribed and sworn to pefore me this :JD--h- day of ~ A.D. 20 D7..p .@UNDAKAOTz \. ~'.J~' Number 732619 . . MyCor,.,~ ExpIres ~ ZT, 20DB -OFFICIAL PUBLICATION ORDINANCE NO. 06-421. ORDINANCE AMENDING TITLE 8. ENTITLED "POLICE REGULATIONS, n CHAPTER 4. ENTITLED . ANIMAL CONTROL" AND TITLE 10, ENTITLED 'PUBLlC WAYS AND PROPERTY," I CHAPTER 9, ENTITLED "PARKS AND i RECREATION REGULATIONS," TO 1 ALLOW DOGS TO BE OFF LEASH IN I THORNBERRY OFF-LEASH DOG' PARK. blic WHEREAS, City Gode sec- tion a-4-6D1 prohibits an animal from being at large in the Cily and City Code section 1().9-2 prohibits a person from bringing a pet into a City par1< unless it is on a leash or confined in a vehicle or kennel, with limited exceptions; ; WHEREAS, the City has developed a new dog par1< that has beeh named Thornberry Off.Leash Dog Park and thaI is scheduled to open June 17, 2006; and WHEREAS, it is in the best interest of the City to provide an excep- tion at Thornberry Off.Leasn Dog Park. from the general requirement that dogs be confined or on a leash. NOW, THEREFORE,' BE IT. ORDAINED BY THE CITY COUNCJL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTR 1. Title 8, entitled "Police Regulations," I Chapter 4, entitled "Animal Control," , Section 6, entitled ~Prohibi1ions and I Requirements," Article D, entitled "Anima/sat Large," Paragraph 1 ;s here- by amended by adding the following new su~paragraph d as follows: 1 It IS a dog in Thornberry Off-Leash Dog .' :;,) Park that has been iSSued a use permi.. .. {, 2. Title 10, entitled .Public Ways and \ Prope~," Chapter 9, entitled "Parks and Rec~atio~ ~egula~ions," Sec1ion 2, enti- tled Prohibited ActJons in Parks" is here. !'y am.ended by deleting Paragraph :3 in Its entirety and adding a new Paragraph 3 as follows: ~his proyision shall not apply to: a) an an!I!l,altralned to assist persons with dis. abllltle~; b).a pe~on issued a permit as authonzed In section 6-4-12 of this code' or c) a dog in Thornberry Off-Leash Dog Park that has been iSSued a use permit. SECTION II REPEALFR. All ordinances 'I and pa~s, of ordinances in conflict with f the prOVISion of this Ordinance are here- I' by repealed. . 'I SEC,TION III SEVERABILITY, If any sec!,on, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication J sha~1 not affect. the validity of the Ordl~~mce as a whole or any section, provl,sJon or part thereof not adjudged Invalid or unconsti-tutional. SE~T/ON IV. EFFECTIVE DAT~. This . Ordinance shall be in effect after its final \./ passage, approval and publication as I provided by law, ' I Passed and approved this I 13th day of June, 2006, s1Ro$S Wilburn, Mayor I Attest: slMarian K Karr, City Clerk: 70106 June 19,2006 ...... I ~ 1 -~= -..... ...,---'" ~~~~'"!. -"::"-';'~"IIIII' ..... .. CITY OF IOWAClTY 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. 06-4216 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 5, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. \::) ':. ~~\:\~ - "'''~ Julie . oparil ~ Deputy City Clerk ..... "'-~' ;. '" '. "' ''"\', '- " Printer's Fee $ ;)[0, q CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): Jj",)zr ~J cOWl () Legal Clerk Subscribed and sworn to before me . .day Of~ q..J.r- A.D. 20 D(o this blic ..- . UNDA ~ c...,., 1 ,1:1> Number 732S19 . . My eMUII t alon Exptr8S . JonuIlIY '0, 2IlO8 OFFICIAL PUBLICATION ORDINANCE NO.06-4216 AN ORDINANCE VACATING THE ALLEY LOCATED NORTH OF BEN- TON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET (VAC06-00001) WHEREAS, Johnson County has requested that the City vacate the alley located north of Benton Street between Clinton Street and Dubuque Street; and WHEREAS, the County has acquired all properties that have access 10 this alley; and WHEREAS, the County plans 10 redevel- op this block with a County office build- ing; and WHEREAS, the alley will no longer be needed 10 provide access to adjacent properties; and WHEREAS, necessary utility easements will be retained or utilnies will be relocat- ed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I' OF IOWA CITY, IOWA: SECTION I VACATION The City of Iowa City hereby vacates the rights-of-way legally described as 101l0ws: The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat 01 Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, page 30~, Deed Records of Johnson County, Iowa. SECTION II REPEALER All ordinances and parts of If ordinances in conflict with I the provisions of this Ordinance are here- by repealed, SECTION /11 SEVERABILITY If any sec- tion, provision or part of the Ordinance I shall be adjudged to be invalid or uncon. stitutional, such adjudication shall not affect the validity of the Ordinance as a I whole or any section, provision or part not adjudged invalid.or unconstifutional. SECTION IV. EFFECTIVE DATE. This I' Ordinance shall be in effect after its final passage, approval and pubHcation, as provided by law. I Passed and approved this 27th day' of I June, 2006. ~ sJRoss Wilburn, Mayor . Attest: slMarian K. Karr, City Clerk 70217 July 5, 2006 J ,. I I I Printer's Fee $ ,~'b .1CJ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN I FED. ID # 42-0330670 , I , I, , Diana Becicka, being duly sworn, say , that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper i 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): ~A Jij I! ,::){)()l () J>i /1/Y1c. ,C:-/: b -c /;. k/Z , Legal Clerk Subscribed and sworn to before me this I,)-J+-- .dayO~ A.D. 20 ()( 0 Y4~ Notary Public ~ I ~ Coo...A.lk.,. Nu"'be~2S19 My~ .ionExpires 27, l!IOD8 . THIS ORDINANCE WAS PUBLISHED IN ERROR BY THE PRESS CITIZEN. REF. ORD 06-4222, Published on 7/24 for correct publication. \. ) \\ \ \ , i OFFJCIAL PUBLJCATJON ORDINANCE NO. 06-4217 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," AND CHAPTER 5. ENTITLED "PARKING METER ZONES AND PARkiNG LOTS" TO LIMIT PARKING IN STREETS AND RAMPS FOR THEIR INTENDED PUR, POSE. WHEREAS, the City regulates the sa of City righl-ot-way including the s eets by, in part, regulating parking; WHEREAS, the City prohibits I' pa . 9 on the streets for the purpose'of j sellin a vehicle and storing a vehicle; WHEREAS, the City owns I' and op ales ramps and lots for the pur- .~ '. pose of roviding space for people t ! park their ehicles; i. WHEREAS, people are p - I fng their ve des for extended perla of I time for the urpose of conducting usi- ness from the vehicle; and I W REAS, it is in e best I interest of the jty to regulat parking such that the str ts, lots, and mps are being used for th 'r intended rpose. NOW, HEREF E, BE IT ORDAINED BY TH CITY OUNCIL OF THECITYOFClrv w. SECTION I. AME DENTS. 1~ Ie 9, entitled ~Motor Vehicles and T ffic," Chapter 4, entitled "Parking Reg at n$," Section 4, entitled "General Par ing estrictions" is hereby amended by. addin the following new Subsection I: . Parki g limited to Intended Use Except a otherwise provided herei , no person all stop, stand or park vehicle upon y road- way for mor than ten (10) mi tes for the principal urpose of conducti com- mercial act" ity from said vehicle, c1ud- ing but no Imited to selling mercha~ise. and fo.od. 2. Title 9, enti ed "Motor ehic1es and Traffic," Chapler , entitle "Parking Meter Zones an Parki g Lots," Section 4, entitled 'Use 0 Pa g Lots," Subsection 0, entitled "Pr ibited Parking," is hereby amended by dding 1he following new Paragraph 3: Parking limited Intended Use. Except as otherwise I rovided herein, no person shall stop, stand or park a vehicle in any parking lot , owned and operated by the City for more I. than ten (10) minutes for the principal purpose of conducting commercial activi- ty from said vehicle, including but not lim- ited 10 selling merchandise and food. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are ! hereby repealed, . SECTION Iff. SEVERABILITY. If any section, provi-sion or part of the Ordinance shilllbe adjudged to b'eirivalid or unconstitutional, such adjudication sha!! not affect the validity of the I Ordinance as a whole or any section, ' provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV. EFFECTIVE I 'DATE. This Ordi-nance shall be effective upon publication. I Passed and approved this I 27th day of June, 2006. . s1Ross Wilburn, Mayor , Attest slMarian K. Karr, City Clerk 70212 J~.JY_1, 2006 I ~ 1 --= _.....~ ___~aa'" :!:~~;!i "-"~"'IIlII'- ...... 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. 06-4217 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 5, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. ~~-.~\J~_, . Julie . oparil Deputy City Clerk " " , , '. Printer's Fee $ ~q.o'1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42.0330670 I, Diana Becicka, 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): ~~i1 .:) oMG, Legal Clerk Subscribed and sworn to before me day Of-9~ this ~ A.D. 20 01, 1 OFFICIAL PUBLICATION I ORDINANCE NO. 06-4217 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND . TRAFFIC," CHAPTER 4, ENTITLED I "PARKING REGULATIONS," SECTION 15, ENTITLED "LIBRARY PARKING" TO REQUIRE LIBRARY PATRON PARKING SIGNAGE TO NOTIFY THE DRIVER THAT THE LIBRARY HOURS ARE POSTED ON THE LIBRARY DOOR. WHEREAS, there are five parking spots in the front of the Iowa City Public libraI)' designated for library parking only during library hours; WHEREAS, Section 9-4-15C of the City Code currently requires that the library hours bEl posted on each of the five signs; . WHEREAS, the library hours frequently change and replacing the signs with the new hours is costly; and WHEREAS. it is in the best interest of the I City to have the signs refer the driver to the library hours as posted on the entrance 01 the library so that new signs I need not be posted every time the library I I changes its hours. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF. THE CllY I' I OF CITY, IOWA: I SECTION I AMENDMENTS 1 11. litle 9, entitled ~Motor Vehicles and Traffic," Chapter 4 entitled 'Parking Regulations,. Section 15, entitled 'Library Parking," is hereby amended by deleting Article C in its entirety and by substituting the following new Article C: Signage. Each space shall contain sig- nags that includes said designation of "library patron parking" and "Jjbrary out- side book drop off." The 'library patron parking' signage shall inClude notification that the Iowa City Public Library hours are posted on the library entrance door. SECTION II REPEALER All ordinances and parts of ordinances in confffct wi1h the provision of this Ordinance are here. by repealed. SECTION Ill. SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication I shall not affect the validity of the I Ordinance as a whole or any section, I provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV EFFECTIVE DATE This Ordi-nance shall be effective upon publi- cation. Passed and approved this 27th day of June, 2006. &tRoss Wilburn, Mayor Attest s/Marian K. Karr City Clerk 70218 July 5, 2006 I ~ 1 --= --!It ......~a:a.. :!:~~:.!S ~~_IIIIIiW"~ ....~ 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. 06-4218 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of June, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 5, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. '. ~~~~) Julie. ani Deputy City Clerk ..",:"1' ,;, , " '. Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): ~)7r F), ;JnDlfl '.b'I/)A1~ ,b( J3fl~,i);/!:._ Legal Clerk Subscribed and sworn to before me day 09. L.a~ this 'l-/-l- A.D. 20 ex., ~~~- L1101oA 0 Y blic fij Cl>o,., I..'," Number 732619 . . _'~1.1h I," Explres ~X1,20D8 / '1 \ OFFICIAL PUBLICATION ORDINANCE NO. 06-4218 ORDINANCE AMENDING TITLE 8. ENTITLED "POLICE REGULATIONS," CHAPTER 6, ENTITLED "PERSONS UNDER EIGHTEEN YEARS OF AGE," BY REPEALING SECTION 1 B BECAUSE THE STATE HAS ENACT, ED A MORE COMPREHENSIVE EDUCATION PROVISION. WHEREAS, Section 8-6-18 of the City Code requires cigarette permittees to educate their employees about state law prohibitiolls against selling cigarettes to minors; WHEREAS, after 1M City enacted Section 6-6-18 of the City Code, the state Emacted section 453A.5 of the Iowa Code, a tobacco compliance employee training program, that is more compre- hensive than the City's and in which the City participates; . WHEREAS. in light of the Supreme Court's recent decision in Iowa Grocery Industry Association \I. City of. Des Moines, the $20.00 administrative fee charged to cigarette permittees is likely invalid; and WHEREAS, it is in the best interest of the Ci~ to r~eaJ its education reQ~ ment. I NOW, THEREFORE, BE IT ORDAINED ~ BY THE CITY COUNCIL OF THE CITY ' OF CITY, IOWA: I SECTION I AMENDMENTS, 1. Title 8, entitled 'PolicEr Regulations,' Chapter 6, entitled .Persons under Eighteen Years of Age,' is hereby amended by repealing Section 1 B in Its I entirety. SECTION 11 REPEAlffi..- AU ordi- nances and parts of ordinances in conflict I with the prOVision of this Ordinance are hereby repealed. SECTION III S~RABIUTY If any' section, provi-sion or part of Ihe' I Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the 1 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 27th day of . June, 2006. sJRoss Wilburn, Mayor Attest slMarian K. Karr, City Clerk 70219 July 5,2006 I ~ 1 --= -.... J...---....-... ~~W~'"!. ~~_aal'- .......... OTY OF IOWA CITY 410 East Washingtol1 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. 06-4219 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of July, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 26, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. ~ . ~'~~".\) Julie K. aril ~ Deputy City Clerk ...... ~ ~ , '- ~ [ I -~- ,. Printer's Fee $ ;)q /) q OFFICIAL PUBLICATION y~ Notar Public uje. ii c...... 1,,1:.., Number 732S19 . . Mr~.~.. l:4rExpires . """'*Y 27. 2DOB ORDINANCE NO. 06-4219 AN ORDINANCE VACATING A POR. TION OF THE OLD WEST BENTON STREET RIGHT.OF,WAY LOCATED NORTH OF THE CURRENT WEST BENTON STREET AND EAST OF SOUTH RIVERSIDE DRIVE. WHEREAS, the applicant, Noah Kemp, has requested that the City vacate a por- tion of the old West Benton Street Right of way located north of the current West Benton Street and East of South Riverside Drive; and . WHEREAS, the City will retain an alley t nght-of-way between S. Riverside Drive and the Iowa River for access to Ned Ashton Park and the Iowa River Corridor TraIT; and . WHEREAS, the northern portion of the right-of-way was previously vacated and I conveyed to the adjacent property owner, Linder Tire; and I WHEREAS, the City has no plans to fur- !her develop the right-ot-way for street access; and I WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, I 01 portions thereof, that will not be used for public access, and WHEREAS, the Planning and Zoning Commission recommended vacation of a portion of this right-of-way subject to the retention of any necessary utility ease- ments. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA: SECTION I VACATION. Subject to the retention of any necessary utility ease- ments, the City. of Iowa City hereby vacates the portion of the right-of-way legally described as fOllOWS: Commencing at the Southwest Comer of the Northwest One-Quarter of' Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; Thence N02051'01"W, along the West line of the Northwest One-Quarter of said Section 15, a distance of 549.76 feet, to a point on the Centerline of Old Benton Street; Thence N86054'03"E, along said Centerline, 33.00 feet; Thence S02051'011:, 15.52 feet, to the Point at Beginning; Thence N51018'26"E, 2.92 feet; Thence N79022'2Q"E, 15.91 feet; Thence N86054'03"E, 168.85 feet; Thence S02051'01"E, 21.27 feet to a point on the South Right-of-way line of Old Senton Street; Thence S86054'03"W, along said South line, 186.98 feet, to a point on the East Right-of-Way line. of South Riverside Drive; Thence N02051'01"W, along said East line, 17.48 feet, to said Point of Beginning. Said Right-of-Way Vacation contains 0.09 acres, (3,740 square feet), and is subject I to easements and restrictions of record. : SECTION II REPEAlER. All ordinances 1_ J and pa~. of ordi~ance~ in conflict with the proviSion of thIS Ordinance are here- .' by repealed. . . SECTION III SEVERABILITY It any section, provision or part of the Ordinance shaJJ be adjudged to be invalid I or unconstitutional, such adjudication I sha!1 not affect the validity of the \ Ordinance as a whole or any section, I provision or part thereof- not adjudged I Invalid or unconstitutional. ) SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as . prOVided by faw. I Passed and approved this 18th day of I j July, 2006. I s1Ross Wilbum, Mayor ' \ Attest: &'Marian K. Karr City Clerk: I' 70610 July 26, 2006 ----- ---- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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--.1 time(s), on the following date(s): ~ ,..;)/ol:JtDln Legal Clerk Subscribed and sworn to before me this />r!, day of U1S.cd A.D. 20 0(,0 I ~ 1 --= -.... J,r---'" ~~I~;!t'"!. ~~"'IIIII' ..... ... 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. 06-4220 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of July, 2006, all as the same appears of record in my office and published in the Iowa qty Press-Citizen on July 26, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. '. ~,,~ Julie . Vopanl Deputy City Clerk -". - ./ '. ~, ()(",-Y.").~o -. I Printer's Fee $ ,~8la. 40 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS.CITIZEN FED. ID # 42-0330670 '\. .... " I, .1 Diana Becicka, 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): --M /)/1)/ dnrY.. I? Legal Clerk Subscribed and sworn to before me this . 1M. day of Q6'.,::f A.D. 20 OCt> y~ Notary Public t'1\ Co.,.,....., _, 732S19 "*;. MyCat....,.....,.Exptr"es Jonuety v, 2008 , OFFICIAL PUBLICATION ORDINANCE NO. 06-4220 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY CER- TAIN SPECIFIC PROVISIONS WITHIN ARTICLE 2B, MULTI,FAMILY RESI. DENTlAL ZONES, ARTICLE 2C, COM- MERCIAL ZONES, ARTICLE 20, INDUSTRIAL AND RESEARCH ZONES, ARTICLE 4B, MINOR MODlF" CATIONS, VARIANCES, SPECIAL EXCEPTIONS, AND PROVISIONAL USES, ARTICLE SA, OFF STREET PARKING AND LOADING STAN- DARDS, ANO ARTICLE 8A, GENERAL DEANmONS. WHEREAS, clarification of regulations for drives external to parking I lots versus those that aTe internal to park. , ing lots is necessary so that screening r and locafion standards tor parking lots , can be applied consistently and fairly; . and WHEREAS, the proposed I Changes will make it clear that the site development standards for eJderlor slair- I ways and corridors apply to exterior stair- I ways and corridors that are located > above the first or ground-level floor of a building and not to stoops or arcades focated at ground level; and WHEREAS, adding a minor modification option in the commercial, industrial and research zones, similar to the option in the multi-family zones, will , prOVide relief from site devefopment standards in cases where the site devel- opment standards are not feasible due to difficult site conditions or other unique circumstances; and WHEREAS, modifications to ; the building material requirements for I large retail uses will allow use of tilt-up concre1e panels, a less costly material, provided that the panels are adorned by , a veneer of brick or stone or stamped to appear as brick or stone; and WHEREAS~ revising the ! standard for ground-level ffoor height of storefront commercial buildings will pro- vide needed flexibility for sloping building si1es, without compromising the objec~ , tives of the regulations; and I WHEREAS, revising stan- dards tor the location of driveways in the CB-2, CB-5, and MU zones will allow flexibiffty for difficul1 site conditions or uniQue circumstances where street access may be preferable over alley 'access, while ensuring that access " points are located and designed to mini. mize traffic congestion and hazards to pecestrians and to preserve street frontages for active building uses. 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 i is hereby amended as foltows: I A. By deleting paragraphs 14-2B-6C-2 I and 14-.2C-9E-2 in their entirety and sub- , SliMing in lieu thereof: . 2. Aisles and Drives \. Drives that are in1emal to a parking area, . including drives that provide circulation , around the perimeter of the parking area , are considered part of the parldng alea and must meet the location standards for parking areas as stated in paragraph t, ! above, and the landscape buffering stan- I dard as stated in paragraph 3, below. A non-hard surfaced drive or aisle that Is , external to a parking area may not be located closer than 3 feet to a lot fine, I excepf at the point of access with a street, alley, or privata rear lane. Hard- .' surfaced drives that are external fo a 'I parking area must be set back at least 3 feet from any side or rear lot line, except I under the follOWing circumstances: a. The drives and aisles ere pitched or ~J'\~S- curbed and draih~to pr~~;t the flo~~' water onto adjOining property; or b. A drainage course has been estab- lished along lot lines to handle storm water runOff; or c. Any specific location along a side or rear lot line where a drive Is shared with an abutting lot: or i d. At the point of access with an alley or private rear lane. B. By deleting Figures 28.4 and 2C.3 and substituting in lieu thereof the following ilfustration: I I I =: , i , i street " UnBcceptable ~ Street Acceptable Alley Slreel Acceptable Street Acceptable ~ - l c. By repealing" Figures 28.5 and 2C.4 'I and substituting in lieu thereof the follow. j ingillustrafion: f 1 ..... " Acceptatllt .... Acceptable l Unaeceptll:ile I , D. By deleting the definitions for I. 'Drive/Driveway. and .Parking Area" . within Article 14-BA, General Definitions, I and substituting in lieu thereof the follow- I ing definitions: I DRIVE/DRIVEWAY: A permanent, I durable surface designed to provide I vehicular access from a street to a lot or 1 to provide vehicular access betweM dif-I ferent parts of a lot or parking area. A drive that is internal to a parking a!~~ is t not the same as an aisJe (See defmltlon of AISLE, above). PARKING AREA: An off.street faCility intended and designed for the parking of more than 4 motor vehicles. A parking area Includes parking spaces, aisles, landscaped i$Jands and medians, and drives that provide circulation within a, parking area or around the perimeter of a parking area. Drives that ar~ external to a parking area are not conS1Qered a part of the parking area. ' E. By deleting paragraph 14-2B-60-6 in I' its entirety and substituting in lieu there-l of: . 6. To provide for the safety of f residents, access to entrance doors of ' any individual dwelling units located-I above the ground level must be provided ( from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways may not be used as the primary means of acCess to dwelling units located above the ground level floor of-the building. This provision does not preclude the use of fire egress, structures. F. By deleting subsection 14-2B-6F, enti. tied "Balconies and exterior stairways, corridors and lifts. (in multi-family zones), in its entirety and substituting in lieu \ thereof: ' F. Balconies and exterior stairways, corri- t dors, and lifts For purposes of this subsection the term, 1 0(" -- <-t?..~O u _., "exterior stairways," refers to stairways r that lead to floors of a building that are abOve the first or grOUnd-level floor of a building. "Exterior corridors" refers to . unenclosed corridors located above the j first or ground-level floor of a building. ! Balconies and exterior stairways, exterior I corridors and exterior lifts must comply with the following standards: I 1. Exterior stairways, exterior corridors, I and exterior lifts are prohibited in the I PRM Zone; however, the City may allow: ! exterior fire egress structures on existing' , buildings that cannot otherwise reason-I' ably meet code requirements, provided. the fire egress structure is not located on i a walt of a building that faces a street. In " other zones, exterior stairways, exterior corridors, and exterior lifts must be cov- ered with a roof similar in design and materials to the roof over the rest of the structure. Said roof should be incorporat- ed into the overall roof plan of the struc- ,- ture. Alternatively, such features may be I recessed into the fayade of the building. Exterior corridors msy not be located on a street-facing wall of the building or with- in 20 feet of a street-facing wall. 2. Unenclosed or partially enclosed stair- '- ways may not be used as the primary means of access to dwelling units locat. ed above the ground-level floor of the building (See 14-2B-6D-6). , 3. BalconiEls, exterior stairways, exterior lifts and exterior corridors may not be located on any side of a building that is adjacent to a property that is zoned Single Family Residential or that contains '1 an existing Single Family Use. Buildings ) that are set back at least 40 feet from any . such property are exempt from this stan- J datd, \ I 4. The design of any balcony, exterior I stairway, exterior Uft and exterior corridor ' ) must utilize columns, piers, supports, I I, walls, and railings that are designed and I constructed ot materials that are similar I' or complementary to the design and materials used for the rest of the building. I I , G. By deleting subsection 14-2C-70, ! entitled "Balconies and exterior stair- I ways, corridors and lifts" in its entirety I and substituting in lieu thereof: . O. Balconies and exterior stairways, cor-I ridors and litts For purposes of this subsection the tenn, 'I "exterior stairways," refers to stairways that lead to floors 01 a building that are; above the first or ground-level floor of a I building. . "Exterior corridors" refers to unenclosed corridors located above the first or ground-level floor of a building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply with the fOllowing standards: 1. Exterior stairways, exterior corridors, . and exterior lifts are prohibited, The City , may allow exterior fire egress structures on existing buildings that cannot other- wise reasonably meet code require- ments, provided the fire egress structure Is not located on a wall of a building that faces a street. 'I 2. Balconies may not be located on any side of a building that is adjacent to a property that fs zoned Single Family Residential. 3. The outer edge of a balcony shall not be cfoser than 4 fee1 from a side lot fine. I 4. The design of any balcony must utilize ( columns, piers, supports, walls, and rail- ings 1ha1 are designed and cons1ructed of materials that are similar or complemen- tary to the design and materials used for the rest or the building. Unpainted and unstained lumber is not permitted, H. By deleting paragraph 14-2C-8K-2 in its entirety. I. By deleting subsection 14-2C-8N, enti- tled "Balconies, stairways, corridors and lifts" in its entirety and substituting in lieu thereof: \fJ ~~ s- N. 'B~dConies and exterior stairways:cor--\. ridors, and lifts ; For purposes of this subsection the tem "exterior stairways," refers to stailWay~ I that lead to floors of a building that are I above the first or ground-level flOor of a ) building. "Exterior corridors.' refers to I unenclosed corridors located above the first or, ground-level floor of a bUilding. BalCOnies and exterior stairways, exterior t corridors and exterior lifts must comply with the following standards: 1, Exterior stairways, exterior corridors, and exterior lifts are prohibited, with the following exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise reasonably meet accessibility requireme.nts, provided the lift is not located On a wall of a building th.at faces a street or the City Plaza. The CIty may allow exterior fire egress struc- tures on existing buildings that cannot otherwise reasonably meet code require- ~eots, provided the fire egress structure IS n01 loca1ed 00 a wall of a building that faces a street or the City Plaza. 2; Balconies may not be located on any srde ot a building 1hat is adjacent to a property that is zoned Single Family ReSidential. 3. The outer edge of a balcony shaff not. be closer than 4 feet from a side lot line. 4. The design of any balcony must utilize i colUmns, piers, supports, walls, and rail- ings that are designed and constructed of materials that are similar or complemen- tary to the design and materials used fur I the rest of the building. Unpainted and I unstained lumber is not permitted. , ~. By.deletlng paragraph 14-2C-9F-6 in , t Its entirety and substituting in lieu there- r I of: I I 6. , To provide for the safety of ' reSIdents, access to entrance dOors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lObby or corridor and stairway. Unenclosed or : partially enClosed exterior stairways may I not be used as the primary means of a?Cess to upper level units. This provi- sion does not preclude the use of fire egress structures. K. By deleting subsection 14-2C-9H enti- tled "Balconies, and exterior staiN..ays, C?'!'ldors and lifts for Multi-Family, Group LIVing, Commercial, and Civic/Institutional Buildings" in its entirety and substituting in lieu thereof: H. Balconies, and exterior stairways cor- ri~?rs and lifts for Multi-Family, Group LIVing, Commercial, and I Civic/Institutional Buildings For purposes of this subsection the term, "exterior stairways," refers to stairways that lead to floors of a building that are abOve the first or ground-level. floor of a building. "Exterior corridors" refers to unenclosed corridors located above the first or ground- _ level floor of a building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply with the follow- ing standards; 1. Exterior stairways, exterior corridors, and.exterior lifts are prohibited, with the following exceptions. The City will allow exterior lifts on existing buildings that cannot otherwise reasonably meet ~~ssibj/jly requirements, provided the lift IS not located on a wall of a building that ~ace.s a street. The City may allow BX!e~or fife egress structures on existing buildings that cannot otherwise reason- ably meet code requirements proVided the fire egress structure is nor located on a wall of a building that faces a street. ! 2: Balconies may not be located on any Side of a building that is adjacent to a pro~erty. that is zoned .Single Family R.8sldentlar. or that contains an existing Single Family Use. Buildings that are set , back at least 40 feet from any such prop- ~rty are exempt from this standard. ~ r3; " Theouter edge afabalcony sJian 00i--\ be closer than 4 feet from a side lot line. I 4. The deSign of any balcony must utilize I columns, piers, supports, walls, and rail- ings that are designed and constructed of materials that are simllar Of complemen- tary to the design and materials used for " the fest of the building. Unpainted and unstained lumber is not pennitted. . L. By deleting sub-subparagraph 14-4B~ 4A-7c(2) and substituting in lieu ther~Of:-'r (2) Access to entrance doors of any Indi- vidual dweffings units located above 1he \ ground level floor of a building must b~ provided from an enclos~d lobby or c~m. dor and stairway. Unenclosed or partl~l- ly enclosed exterior stairways are prohib- I ited. However, the City may allow ext~ri. or fire egress structures on existing build- ings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street.. . M. By deleting subsection 14-286...1 In Its \ entirety and ~~bst!tuting in lieu thereof: '..' J. Minor Modifications '.'- ' A minor modiflca~on to ~dJust specIfIC i provisions of thiS sectIon, rt,lay .be . requested in either of the qualifying situ- ations listed in the paragraphs below, Such requests will be. reviewed ~y the Design Review Committee, the Dlrect.or of Planning and Community Development, and the Building Offi,cial according to the procedures for MInor Modifications as set forth in ArtiCle 14-86 and must meet the following approval crh teria. The following approval criteria are to be applied in lieu of th~ general approval criteria listed in Section 14-46- 1 Minor Modifications. I 1: Qualifying Situation: The co~figuratio~ of the lot or other existing phYSical condl- \ tion of the lot mak~s the ~pp\ication of a specific standard ImpractIcal. In such a case, the applicant must del!lo~strate that the following approval cntena are met ' \ a. The applicant must provide evidence f that the configuration of the lot, the I topography, or other physical charac~er- istic of the property makes th~ apph~a- , tion of a specific standard of thiS sectIon I Impractical. Examples of situati?ns that I.. may qualify include double-fronting lots, \ triangular shaped lots, and steeply slop- I inglots. i b. The applicant must demonstrate that I the proposed alternative design. is n.ot \ contrary to the intent of the MultI-FamIly j . Site Development Standards, I i c. The applicant must propose an alter- , I native site or building design that best \ meets the intent 01 the specific standard I being modified. \ d. The r~quested modification win not be detrimental to the publiC health, safety, or l welfare or be injuriouS to other property or improvements in the vici~;ty and in the zone in which the property IS located. e. The requested modification does ~ot allow a use or activity not othe~'se expressly authorized by the regu'atlon~ governing the subject property. f. The requested modification complie.s with other applicable statutes, ordI- nances, laws and regulations. . 2. Qualifying Situation: The, propose~ site ot building is uniquely desIgned to ht the site and the surrounding neighborhood. In such a situation, the applicant must demonstrate that the following approval criteria are met: . a. The applicant proposes an alternatIVe design solution that equaU.~ or better meets the intent of the speCifIC standard I being modified. . b. The proposed site and building deSIgn is uniquely designed to fit the chara~er. i istics of the site and the surrounding neighborhood such that it equally or bet- \ ter meets the purpose of the Multi-Family I: Site Development Standards. j \)~- l.-\:?,,~t) '--c~TherEfquested moolflcatiOriWiII~not'bel , detrimental to the public healfll, safety, or 1 we.lfare or be injurious to other property I or Im~rove~en1s in 1he vicinity and in 1he zone m which the property IS located. 1 d. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. . ~ The requested modIfication compiles ( With other applicable statutes, ordi- nances, laws and regulations: N. By adding a new section 14-2C-10 i entitled ~Minor Modifications to Site ' LDevelopment Standards,~ as.follows and tenumbering~thecurrerit -i4=-2C"lb~' 2C.11, .. 14-2C-10 Minor Modifications to Site Development Standards A minor modification to adjust specific proviSions of Sections 14-2C-6 14-2C-7 .14-~C-8, or 14-2C-9, may be ~equested !n either of the qualifying situations listed . In. the para.graphs below. Such requests will be reViewed by the Design Review' 1 Committee, the Director of Planning and Community Development, and the Building Official according to the proce- dures for Minor Modifications as set forth in Article 14-8B and must meet the fol- lowing ap~ro~al criteria. The following approval ctltetla are to be applied in lieu of the general approval criteria listed in Section 14-4B-1, Minor Modifications. ~. Qualifying Situation: The configura. tlon of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate I that the following approval criteria are met: 1. The applicant must provide evidence that the configuration ot the lot, the b topography, or other physical character- i~tic of the property makes the applica- tIon of a speCific standard impractical. .Examples of situations that may quality Include double-fronting lots, triangular shaped lots, and steeply sloping lots. 2. The applicant must demonstrate that the proposed alternative design is not I contrary to the intent of the site develop- : mentstandards. 3. ~he ~pplicant must propose an alter- natIVe site. or building design that best I meets the Intent of the specific standard being modified. 4, T~e requested modification will nct be dettlmental to the pUblic health, safety, or we,lfare or be inj~rious to other property or Improvements In the vicinity and in the zone in which the property is located. 5. The requested modification does not allow a Use or activity not otherwise expressly authorized by the regulations governing the Subject property. 6. The requested modification complies with other applicable statutes, ordi- nances, laws and regulations. ~. Qual!fy!ng. Situ~tion: The proposed sIte o~ building IS uniquely deSigned to fit the sIte and, the surrounding area. In such a situation, fhe applicant must d~m~nstrate that the following approval cntena are met: 1. The applicant proposes an alternative design solution that equally or bener meets the intent of the specific standard being modified. ~:Th,e propose? site a.nd building design IS uniquely deSigned to fit the character- istics of the site and the surrounding area such that it equally or better meets the purpose of the site development stan- dards. 3. The requested modification will not be detrimental to the publiC health, safety, or we,lfare or be injurious to other property or 'm~rove-:nents in the vicinity and in the zone In which the property is located. 4. The requested modification does not allow a use or activity not otherwise expressly authorized by the regUlations governing the subiect property. ~J' ~ ~ ~ '-5~Ttie requ~ted mOdificatiOr1i50~Iie5l With other applicable statutes, ordi- nances, laws and regulations. I O. By adding a new subsection G to 14- , 20-5, entitled "Minor modifications to site ) development standards," as follows: , G. Minor Modifications to Site Development Standards . A m!n?r modification to adjust 'specific provIsions. of. this section may be re.quest~ In either of the qualifying situ- atrons listed in the paragraphs below. \ S~ch requests will be reviewed by the Director of Planning and Community I \ Development and the Building Official according to the procedures for Minor ,Modifications as set forth in Article 14-88 and must meet the following approval cri- teria. The following approval criteria are to be applied in lieu of the general approval criteria listed in Section 14-48- 1, Minot Modifications. 1. Qualifying Situation: The configuration of the lot or other existing physical condi- tion of the lot makes the application 01 a specifiC standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met: a. The applicant must provide evidence that the configuration of the lot, the topography, or other physical character- istic of the property makes the applica- tion of a specific standard impractical. Examples of situations that may qualify include double-fronting lots, triangular shaped lots, and steeply sloping lots. I b. The applicant must demonstrate that I the proposed alternative design is not . contrary to the intent of the site develop- ment standards. c, The applicant must propose an alter- \ native site or building design that best I meets the intent of the specific standard l being modified. .1 d. The requested modification wfll not be detrimental to the public health, safety, or i welfare or be injurious to other property I or improvements in the vicinity and in the zone in which the property is located. e. The requested modification does not I' allow a use or activity not othelWise expressly authorized by the regulations governing the subject property. I. The requested modification complies with other applicable statutes, ordi- nances, laws and regulations. 2. Oualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met: a. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified. b. The proposed site and building design Is uniquely designed to fit the character- I isties of the site and the surrounding area such that it equally or better meets the purpose of the site development stan- dards. c, The requested modification will not be , detrimental to the publiC health, safety, or I welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located. d. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. e. The requested modification complies with other applicable statutes, ordi- nances"laws and regulations. P. By deleting paragraph 14-4B-1A-1Ei in its entirety and substituting in lieu there- of: ~~ 116~MOdifications to the Multi-Family Site Development Standards contained in Section 14-28-6 according to the alter- nate approval criteria set forth in that sec. I , tion. The Building Official must obtain I approval from the Design Review Committee and the Director of Pfanning and Community Development prior to granting any such modification. Such requests shall be reviewed and approved I jointfy by the Design Review Committee, the Director of Planning and Community Development, and the Building Official. I Q. By adding new paragraphs 14-4B-1A- 17 and 14-4B-1A-1B as follows: 17. Modifications to the site development I standards contained in Sections 14-2C- 6. 14-2C-7, 14-2C-8, or 14-2C-9 accord- ing to the alternate approval criteria set forth in that section 14-2C-l0. The Building Official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification. 18. Modifications to the site development standards contained in Section 14-20-5 according to the alternate.!lPproval crite- ria set lorth"ii,-thatsaction: "TneBulldlng. Official must obtain approval from the Director of Planning and Community Development prior to granting any such modification. R. By deleting paragraph 14-2C-6K-5 In its entirety and substituting in lieu there- of: 5. Building Materials a. The building materials shall be IJre- dominantly quality exterior building mate- rials, induding brick, masonry, stone, stucco, or textured concrete masonl)' units. Concrete panels with a veneer of brick or masonl)' may be approved pro- vided the material gives the appearance of one or more of the high quality building materials listed above. Stamped con- crete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or i masonl)'. Predominantly is defined as at least 75 percent of the exterior of the entire buJJding, but not necessarily of each building wall. For example, use of such materials should be concentrated along building walls that are visible from public streets or that contain public entrances. b. Use of smooth-faced concrete block, unadorned tilt-up concrete panels, pre- fabricated steel. or vinyl panels or sheets should be minimized. If used, these materials may cover no more than 25 percent of the exterior of the entire build- ing and should be reserved for building wans that area less visible to the public. I S. By adding a paragraph 2 to 14-2C-7N.\ l as follows: 2. To encourage commercial I 'activity at the street level, entrances to I' storefronts and the ground level floor height should be no more than one foot \ above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City I, may adjust this requirement. However, on sloping sites at least a portion of the l ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the buildlng must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade. T. By adding a paragraph 2 to 14.2C-8K as follows: 2. To encourage commercial activity at the street level, entrances to storefronts and the ground level floor height should be no more than one toot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existingj;luUd1!)g,!, the City r I I 1:.)\0 - 4';l, ~O I , may 8djiit" thisrequirement:' However,- on sloping sites at least a portion of the I ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the \ floor height of the ground level floor of the building must be no more than 3 feet above the level of the abuttlng public sidewalk or pedestrian plaza at any point along a street-facing building facade. U. By adding a paragraph 4 to 14-2C-9K as follows: 4. To encourage commercial activity at the street level, entrances to the ground level floor at a building that fronts on a public street or pedestrian plaza should be no more than. one foot above the level of the abutting sidewalk or pedestrian plaza. In addition, the ground level floor height for buildings that front on a street should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust these requirements. However, on sloping sites at least a por- tion of the ground level floor height of any new building must be located no more than one foot above the level of the abut- ting sidewalk or pedestrian plaza; and tl'le floor height of the ground lave! floor of _ the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-racing building facade. V. By deleting subsections 14-5A-5F and 14-5A-5G in their entirety and substitut- ing in lieu thereof: F. Standards for Structured Parking in Multi-Family and Commercial Zones The following standards apply to struc- tured pari<ing in all Multi-Family Zones and all Commercial Zones, except the CB-lO Zone. Standards for structured pari<ing in the CB-10 Zone are specified in Subsection 14-SA-3D, above. 1. In the CN-1, CB-2, CB-5,' and the MU Zones the ground level floor of a building is reserved primarily for principal uses \ allowed in the lone. Therefore, any parKing located within the exterior walls of the building must meet the following standards; - a. Structured parking is not permitted on ~ ] the ground-level floor of. the building for i the first 30 feet of lot depth as measured from the minimum setback line. In the \ eN-l Zone it is measured trom the "buJJd- to" line. ' b. No more than 50 percent of the ground level floor of a building may con- sist of parlting. c. The ceiling height of an underground parking level may extend no more than 1 foot above the level of the adjacent sj~ walk. On sloping building sites and for existing buildings, the City may adjust' this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestri- an plaza; and the floor height of the ground level floor of the buJiding must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade. 2. Except for garage openings, the pari<. ing area must be enclosed within the exterior walls of the buiJdlng. In no case shall a building have the appearance from the street or from abutting proper- ties of being elevated above a parking level or ~on stilts." (See Figure 5A.1) 3. Any exterior waifs of a parking facility that are visible from a public or private street or from an abutting property must appear to be a component of .the f~de of the building through the use of building materials, W!ndow openings and fa~de detailing that is similar or complementary to the design of the building and mustl comply with the other standards of this- Section. (See Figure SA. 1 ) I Figure 5A.1 - Structured Parking r 'I ?~. 4 ~ S- r---~---- -'-l \ I Acceptable I , I I I , , ~ ~,. -~~~;;'. Unacceptable ~c~ o 0 Unacceptable 4.. In additio~ to window openings, the CIty may reqUIre landscaping as a means to soften the visual effect of any garage walls located at the street level. Shrubs, small berms, and planters may be used to fonn a landscaped screen generally ranging between 2 and 4 feet in height. Trees may also be incorporated into the landscaped area if sufficient area is avail- able for tree growth. . 5. Garage Entrances/Exits t9:. Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians and to pre- serve street frontages for active building uses. b. In the CB-2, CB-5, and MU Zones, alley or rear lane access is preferred. If alley access is not feasible due to topo. graphical limitations or other unique cir- cumstances, garage openings may face a street, but must be designed to In a manner that wiU best meet the objectives listed in subparagraph a., above. c. ~f the stfl.lCtured parking is intended for reSIdents or tenants of a building and not ) the general public, there may be no more : than one double-wide or two single-wide , g~rage o~enings per building. Double- \ w~de ope.l'llngs ~ay 1'101 exceed 18 feet in WIdth; SIngle-wIde openings may not ; exceed 9 feet in width. For structured pari<ing intended for use by the general pu~Jjc, l;Jarage openings should be limit- ed In Width and number to only what is , necessary to provide adequate access I for the types and numbers of vehicles I ; _ ,:!~g.the.Darlting facility.__ _ _ _~_ --------1 ~. (J <0 - '-\ ~d.,\) fCi'S-~S- fd:-eXiiPt in the CN~:-CB.2, MU nod CB-5 Zones, the opening(s) must OC(:upy no more than 50% of the length of the. street-tacing buildlng wall. On comer lilts, ( i only one street-facing garage wall must I r-meet this standard. In the CN.l, CB-2, ) MU and CB-5 Zones, garage openin9(s) I along the primary street frontage are not I permitted jf access is feasible from \ another local or collector street or from a l rear alley, pnv8te street or private rear lane. If there is no feasible altemative, garage openjng{s) may be allowed along the primary street frontage, provided that they occupy no more than 35 percent of the length of the primary street frontage of the lot and provided that an provisIons of Article 14-5C, Access Management are met. G. Standards for Structured Parking in Industrial and Research Zones Where parking is located within the exte- rior walls of a principal building, thl3 fol- lowing standards apply: 1. Any exterior walls of a parking facility that are visible from an arterial street , must appear to be a component elf the \' fal1ade of the building through t~e use of building materials, window openmgs and falt8de detailing that is similar or comple- mentary to the design of the building. In no case shall a building have the a~.pear- ance from an arterial street of being ele- : vated above a parking level or "on stilts." I (See Figure 5A.1) ,2. Garage Entrances/Exits. Vehicular . access to parking within buildings sho~Jd I rbe located and designed to minimize tra!- r fic congestion and hazards to paelestn- ans; and to plesBTVEl street frontages f~r active building uses to the axtenUeasl- I ble. Garage openings should be limited . in width and number to only what i~; nec- essary to provide adequate access for the types and numbers of vehicles using . t the parking facility. \ I 1 i ra.-veliiCUJaJ access to parking should be \ I located and designed to minimize trafflc congesUon and hazards to pedestrians j and to preserve street frontages for active building uses. It available, alley or , rear lane access is preferred. If alley I access is not feasible due to topographi- cal limitations or other unique circum- stances, driveway access from a street may be allowed, but must be designed in a manner that will best meet the objec- tives listed in trus subparagraph. SECTION 111 REPEALER All ordi- nances and parts of ordinances jn con- flict 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. Passed and approved this 18th day of Ju~, 2006, stRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 'lOB11 Ju~ 26, 2006 w. By deleting subparagra~h 14.!j.A-~D- 4c in its entirety and substituting In lieu thereof: c. Underground parking is prefe.rtEld over above-ground structured parkl~!J. The design of any underground parking must not detract from or prevent activo build- ing uses on the ground-level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for ex!sting b~Jildings, the City may adjust thiS requirement. However on sloping sites at leaHt a por- tion of th~ ground level floor height of any new building must be located no more than one foot above the level of the abut- ting sidewalk: or pedestrian plaza; and the floor height of the ground levll! floor of the building must be no mote than 3 feet above the level of the abutting publiC I \ sidewalk or pedestrian plaza at I:tny point \~ along a street-facing building facade. X. By adding a subsubparagraph (3) to 14-4B-4A-7c. as follows: (3) To facilitate commercial uses at the street Jevel, the ground level floor \ height should be no more than one foot I above the level of the abutting sidewalk I or pedestrian p~. On ~l~plng buildi~g I sites and for existing buIldings" the CIty ! may adjust this requirement. .However, on sloping sites at least a portlOll of the ground level floor height of any new building must be located no more ~an one foot above the level of the abuttlOg I sidewalk or pedestrian plaza,; and the \ floor height 0.1 the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza ~lt any point along a street-facing building 'facade. Y. By deleting subparagrap~ 1.4-2~-8:G. 2a. in its entirety and substituting JTl heu thereof: I ~ 1 -....= -ilia' f~fNl!:'t ~~"'IIIII'- ..... .... CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (:119) 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. 06-4221 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of July, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 24, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. ~\~ - ~. . Julie K. aril . Deputy City Clerk o. Printer's Fee $ ~~ 50 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): ~ flfJ ;)4) :In(""J.p \ Legal Clerk Subscribed and sworn to before me this ~..~ day o~ _ A.D.20 DI,. ~ I,; I' I, ~c1.fA ~" Pub', t OFFICIAL PUBLICATION ORDINANCE NO. 06-4221 ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVER- AGES, h CHAPT-=-R 2. ENTITLED "LIQUOR LICENSES AND.BEER PER, MlTS," BY AMENDING SECTION 3 TO I ELIMINATE THE REQUIREMENT THAT JOHNSON COUNTY OFFICIALS APPROVE APPLICATIONS FOR ALCO- HOL LICENSES AND PERMITS AND TO MAKE ADDITIONAL CHANGES RESULTING FROM THE.STATE'S NEW ELECTRONIC FILING SYSTEM AND THE INCREASED INSPECTIONS BY THE FIRE DEPARTMENT. WHEREAS, section 4-2-3 of the City Code presently requires that the CitY CIeri<: provide ap~lication~ for a I liquor license, beer permIt, ~m~ wine .p,eT- \ mit, that the Fire Chief, Building OffiCIal, and Johnson County Department of Public Health inspect each premises, aOO that the Police Chief, Fire Chief, Building I Official, Johnson County Department of ' Public Health, and Johnson County Attomey approve or disapprove each application; WHEREAS, because the Iowa Alcoholic Beverages Division has implemented an on..jine, paperless appli- cation process for liquor licenses and beer/wine pennits, the state application fonns will no tonger be available trom the CityCler1<:; WHEREAS, state law pro- vides that a local authority, such as the City of Iowa City, shall determine if the applicant is of "good moral character;~ WHEREAS, because the Iowa City Chief of Police has developed a policy to evaluate appn~tjons that includes criteria to determme "good moral character,~ the Johnson County Attorney's approval of applications is duplicative and no longer necessary; WHEREAS, because the Johnson -County Department of Public Health must inspect and license "food establishments" under Iowa law, said department's inspections of premises' and approval of applications are duplica- tive and no longer necessary; WHEREAS, because the Fire Department is developing an inspection program for high hazard occupancies with liquor licenses and beer/wine per- mits, inspections by the Fire Department and the Building Official may not be nec- essary for every applicant; WHEREAS, eliminating the requirements that the Johnson County Attorney and the Johnson County Department of Health approve every .; application and that the Fire Chief and ~ the Building Official inspect all premises I will streamline the process without less- ening the scrutiny by which the City I reviews applications. I WHEREAS, it is in the best interest of the City to adopt said amend- I ments. NOW, THEREFORE, BE IT ORDAINED 'BY THE CITY COUNCIL OF THE CITY \ OF CITY IOWA: SECTION I AMENDMENTS 1. Title 4, entitled ~Alcoholic Beverages," Chapter 2, entitled "liquor Licenses and Beer Pennits," is hereby amended by repealing Section 3 in its entirety ~nd substituting in lieu thereof the followmg new Section 3: I I .1. ;- /lCltshall'be the responsibil- ity of. the applicant for a liquor control license, beer permit, or wine pennit, or a renewal of any of those, to complete the appJications provided by the state Alcoholic Beverages Division and the City addendum. The City's addendum I shaN require a listing of all persons with I an ownership or management interest in the Applicant, identification of any admin- istrative sanctions imposed, and authori- zation of each such person for an Iowa ' Criminal History report from the Division I of Criminal Investigation. B. The Iowa City Fire Chief, the Iowa City Building Official, and the ) I~wa City Chief of Police must approve or 1 disapprove the application. The Fire I Chief and Buifding Official must deter- mine if the premises complies with all I applicable state and local laws, rules, and regulations and will, if necessary to make such determination, inspect the premises. The Chief of Police shall make an investigation to determine If the appli- cant is of good moral character as defined in section 123.3(26) of the Iowa Code, the rules of the Iowa Alcoholic Beverages Division and guidelines devel- oped by the Chief of Police and approved by the City Council. Each official must approve or disapprove the application and if applicable, provide a memo setting forth the reasons for disapproval within fIVe (5) wor1<:ing days following receipt of the application. The application must be i approved by the City Council.. SECTION II REPEALER AI! ordi- ; nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. . SECTION III SEVERABIL ITV If any section, provision or part of the Ordinance shall be adjudged to be invalrd or unconstitutional, such adjudication shall not affect the validity of the Ordi~~nce 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 18th day of July, 2006. slRoss Wilburn, Mayor Attest: slMarian K. Karr. City Clerk 70495 July 24, 2006 I ~ 1 -....= -1iQ :!:~~!:'t ~~"'IIIII'- ........... 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. 06-4222 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of July, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 24, 2006. Dated at Iowa City, Iowa, this 7th day of August, 2006. ~ ~",- ~~.~~~ Julie K. aril Deputy City Clerk - ' / ",;- , . - '- r- Printer's Fee $ ?;.l.P .1,,'-1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): Jdt..lrJ ~~ID DI~I1V.\, C;:IJ ~tJ<.//';~ Legal Clerk Subscribed and sworn to before me this :J~ dayO~ A.D. 20 do ~~~ Notar.r.Public NDAKROTZ @ ~rs'..on Number 732519 . '. .My COmmission expires .. January 27, 2008 f.- I OFFICIAL PUBLICATION ORDINANCE NO. 064222 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED I RPARKING REGULATIONS, nAND CHAPTER 5, ENTITLED "PARKING METER ZONES AND PARKING LOrs- TO LIMIT PARKING IN STREETS AND RAMPS FOR THEIR INTENDED PUR. I POSE. WHEREAS, the City regulates the ,I use of City right-ot-way including the streets by, in part, regulating parking; WHEREAS, the City prohibits parking on the streets for the purpose of selling a vehicle and storing a vehicle; WHEREAS, the City owns and operates ramps and lots for the pur- pose of providing space for people to park their vehicles; WHEREAS, people are park- ing their vehicles for extended periods of lime tor the purpose of conducting busi- I ness from their vehicle; and . WHEREAS, it is in the best interest of the City to regulate parking I such that the streets, lots, and ramps are being used for their intended purpose. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA: SECTION I AMENDMENTS 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 4, entitled "General Parking RestrictionsR is hereby amended by adding the following new Subsection I: Parking Limited to Intended Use. Except as otherwise provided here- in. no person shall stop. stand or park a vehicle upon any roadway for more than ten (10) minutes for the principal purpose of conducting commercial activity from said vehicle, including but not limited to selling merchandise and food. . 2. Title 9, entitled "Motor Vehicles and Traffic." Chapter 5, entitled "Parking Meter Zones and Parking lots," Section 4, entitled "Use of Parking lots,R Subsection D, entitled "Prohibited Parking," is hereby amended by adding the following flew Paf!9!.~p~ _ ~ ParKing Dmltea to Intended Use. Except as otherwise provided here- in. no person shall stop, stand or park a vehicle in any parking lot owned and operated by the City for more than ten (10) minutes for the prinCipal purpose of conducting commercial activity from said vehicle, including but not limited to selling merchandise and tood, SECTION II REPEALER All ordi- I nBnces and parts of ordinances in conflict I with the' provision of this Ordinance are hereby repealed. I' SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shaJJ not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged : I invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 18th day of July, 2006. s1Ross Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 70496' July 24, 2006 I ~ 1 -.....= -~ :!:~W~'t -..::..'" *=1'- ....aa 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. 06-4223 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 9, 2006. Dated at Iowa City, Iowa, this 5th day of September, 2006. ~"ft ~~"'~~ Julie . Voparil '-' , , Deputy City Clerk . ~. ....'; ;. "....... . ,;. : "':", J. .. .-. ~~- t::)~-y.~d.3 / Printer's Fee $~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED.ID #42-0330670 I, Diana Becicka, 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): A~,I.I.d C}/ {;)()()l.p I I Legal Clerk Subscribed and sworn to this 11-11--. day of A.D. 20 {)(p I OFFICIAL PUBLICATION j ORDINANCE NO. 06-4223 , AN ORDINANCE CONDmONALLY , REZONING A 1.39 ACRE PROPERTY , LOCATED AT 1820 BOYRUM STREET FROM INTENSIVE COMMERCIAL (C~ ' 1) TO COMMUNITY COMMERCIAL , (Cc-2), (REZOB-il0014) } -<'" ~.. . ,-WHEREAS;...;.the....applicarn,.J I Brian DeCoster, has requested a rezon~ ing of property located at 1820 Boyrum + Street trom IntensIve Commercial {CI-1) I to Community Commercial (CC-2) to allow retail uses; and I, WHEREAS, the Planning and I Zoning Commission found that abutting properties to the west and north Bre I presently zoned CC-2; and ~ WHEREAS. the Planning and ' Zoning Commission has found that the CC-2. zone is intended to provide major business districts to serve large seg- ments 01 the commu1iliy; and WHEREAS, the Planning and I Zoning Commission has found that Boyrum Street is a commercial collector street designed to accommodate such I traffic volumes; and WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the Highway 6 Corridor as a significant com- ' mercial center for the community along which "minor redeveJopmenls~ should occur to better seNe the needs of the growing South District; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning sub- ject to conditions whIch address con. cems of pedestrian safety and aesthetic views; and WHEREAS, the Iowa City City Council concurs with the recommen. dations of the Planning and Zoning : Commission. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Intens!ve Commercial (CI-1) to Community Commercial (CC-2) and is I hereby approved: In Township 79 North, Range 6 West of the 5th P.M., Section 15, S.W. of the I S.E. ~ thereof, a tract of land described I as tol.lows: Beginning at a point on the ! west hne of Lloyd's Subdivision which lies 'I 'I S, 0 degrees 17 minutes 00 seconds East, 203.00 feet from the NW. corner of Lot 2 of Lloyd's Subdivision in Iowa City, I Iowa according to the plat recorded in Book 7, page 25, Plat Records of ) Johnson County, Iowa; thence South 0 I degrees 17 minutes 00 seconds East, 363.30 feet; thence South 87 degrees 29 minutes 40 seconds West, 166.00 feet; thence North 0 degrees 18 minutes 13 l seconds West 369.75 feet; thence N 89. - degrees 43 minutes 00 seconds East, 166.00 feet to the point of beginning. SECTION II. ZONING MAP. The build- I ing official is hereby authorjzed and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the fina.l passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa Ci!y. 'tJ.\~~ r~ 'SECTlON-IV, CERTIFICATION ANDl RECORDING, The City Clerk is hereby auth?rized and directed to certify a copy ] of thiS ordinance and the conditional zon- ing agreement, 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 ordi* nance, 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 I Ordinance as a whole or any section, provision or part thereof not adjudged I invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordi.nance shalf be in effect after its tinal ) passage; approv-al and publication, as provided by law. Passed and approved this 1st day of August, 2ooa. sIR.oss Wilburn, Mayor Attest: slMarian K. Karr, City Cler1<. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal cor- poratfon (hereinafter "City"), and Brian DeCoster,- property, owner, and 'applicant *.J (hereinafter "Applicant"); and ' WHEREAS, Applicant is the legal title holder of approximately 1.39 acres of property located at 1820 Boyrum Street; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Industrial (Cl.1) to Community Commercial (CC.2); and WHEREAS, the Planning and Zoning Commission has determined that, with .aPJ:!ro~riate conditions regarding the 1 Instillation of a sidewalk for pedestrian safety and appropriate landscape \ screening of outdoor storage and display, the zoning is in conformance with the Comprehensive Plan; and WHEREAS. Iowa Code !j414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's rezoning request, over and above existing regulations, in order to satisfy publiC needs caused by the requested change; and WHEREAS, the-Applicant acknowledges . that certain conditions and restrictions are reasonable to ensure the develop- ment of the property for CC-2 uses is compatible with th~ Comprehensive Plan's proposal for the Highway S COrridor; and I W.HEREAS, Applicant agrees 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 fonows: 1. Brian DeCoster is the legal title holder of the property legally described as fol- lows: In Township 79 North, Range 6 West of the 5th P.M., Section 15, S.W. of the S.E. _ thereof, B tract of land described as foHows: Beginning at a point on the west line of Uoyd's Subdivision which lies S._O_dearees_17_mInutes_OO seconds ~ () (., - l..t~~-3 'East, 203.00-ieet trom the N: W. corner O'l Lot 2 of Lloyd's Subdivision in Iowa City, Jowa according to the plat recorded In I Book 7, page 25, Plat Records of Johnson County, Iowa; thence South 0 degrees 17 minutes 00 seconds East, 1 363.30 feet; thence South 87 degrees 29 minutes 40 seconds West;' 166.00 teet; thence North 0 degrees 18 minutes 13 "'-"88COIldsWesf369:75 'feet;.thencs'N89 . degrees 43 minutes- 00 seconds East, 166.00 feet to the point of beginning. 2. The Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~14.5 (2005) provides fhat the City of Iowa City may impose reason- able 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, including provisions for setting CI.1 use storage and display bellind tile building aneVor back from Boyrum Street while employing proper CC-2 storage and display screening, as well as the instillation of a conforming sidewalk the length of Applicant's property. Therefore I Applicant agrees to certain conditions over and above City regulations as detailed below. 3. In consideration 'of the Ci~'s rezoning the subject pt9perty, Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, and that: a. Any outside storage will be set back at least 20 feet from the east right of way on Boyrum Streef and screened to the S3 standard. b. Any outside stomge abuning the rear of the subject property will be set back at least 10 feet from the property line and scteened to the S3 standard. c. Any outside display merchandise will be set back at least 10 feet from the east right of way on Boyrum Street and screened to t/16 S1 standard. d. Any outside display merchandise abut- ling the rear of the subject property will be set back at least 10 feet from the prop- erty line and screened to at least the S2 standard. e. Instillation of a sidewalk the length of the property according to City standards. 4. The Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~14.5 (2005), and that said conditions satisfy pUblic needs that are caused by the requested zoning change. 5. The Applicant and City acknowledge that in the event the subject property is "j transferred; sold, redeveloped, or subdi- vided, all redevelopment will confonn to the tenns of this Conditional Zoning Agreement. 6. The parties acknowfedge 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 tile benefit of and bind all successors, representatives, and assigns of the parties. 7. Applicant a~knowledges that nothing in I. this Conditional Zoning Agreement shall ! be construed' to relieve the Owner or I Applicant from complying with all other applicable local, state, and federal regu- lations, . L __ 8, The parties agree that this CondItional , Zoning Agreement shall be incorporated . by reference into the ordinance rezoning the subject property, and that upon adop- ; tion and publication of the orQinance, this agreement shall be recorded in the Johnson County Recorder's Office at the \ Applicant's expense. 1 Dated this 13th day of July, 2006. J CITY OF IOWA CITY sIRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk % <<~~ '4;'~i 1 By: slBrian DeCoster, Property Owner 60an August 9, 2006 I ~ 1 -....= -~ :!:~~!:'t ~~"'IIII''- --.. ... 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. 06-4224 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 9, 2006. Dated at Iowa City, Iowa, this 5th day of September, 2006. ~."'~~.^~ ' Ju . . Voparil ........, Deputy City Clerk . ~ ,~, .... /' ,- Printer's Fee $ ~ x-u-.J CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, being duly sworn, say tbat 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 I time(s), on the paper following date(s): Pi ~-<-1t CfJ ~tJ()(o Legal Clerk Subscribed and sworn to before me this II-J.-t-. day o.f()"p A.D. 20 Q{P y~~ ' tary Public i , u ~ @ c.."... 11 , Number 732S19 . . MyOl:k..., I . ,., ExpIres """"*y 27, 2008 I' I '''. 1- . OFFICIAL PUBLICATION J ORDINANCE NO. 06-422' AN ORDINANCE REZONING PROPER' , TY LOCATED ALONG SOUTH GILBERT STREET, SOUTH OF WATERFRONT DRIVE AND NORTH OF SOUTHGATE AVENUE. FROM INTENSIVE COMMERCIAL (CI-l) TO COMMUNITYCOMMERCIAqCC:2). IREZOS-00022) WHEREAS, the applicant, Diane Schoenauer, has requested a rezoning of property located at 160 Stevens Drive from Intensive Commercial (CI-1) to Community Commercial (CC-2) to allow a retail Use; and WHEREAS, the applicant is supported in her request by neighboring property owners along South Gilbert Street for a larger rezoning; and WHEREAS. the Planning and Zoning Commission has found that the Comprehensive Plan identifies the South Gilbert Street Corridor for rezoning for office/retail uses; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies the South Gilbert Street Corridor as General Commercial in its ~Future Land Use Scenarlo~; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS , the Iowa City City Council concurs with the recommen- dations of tf1e Planning and Zoning Commission. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classi- fication of Intensive Commercial (CI-l) to Community Commercial (CC-2) is hereby approved: Lot 12, Lot 16, Lot 10, Lot 11, Lot 4, Lot 2 and that part of Sand Lake Addition beginning at the Northeast comer of Lot 13, thence south 157.7', N 89 OegW SO', N 157.7', S 89 D&g E 50' to the Point of Beginning of the Sand Lake Addition according to the plat thereof recorded in Book 734, Page 165, Plat Records of Johnson, County, Iowa. --. - And, Lot 2; Lot 3; Lot 4; Lot 5 of Kennedy's- Waterfront Addition Part 1. And' Lot '1; Lot 2; Lot 3; Lot 4 of Kennedy's Waterfront Addition Part 2. And, Lot 6 of Kennedy's Waterfront Addition part 3. And, Beginning at the southwest comer of Jot 5 I of Kennedy's Watertront Addition Part One; thence, 589022'49" E, along the I. southerly line of said lot 5, 216.15'; thence Sooo18'44"W, 103.52'; thence N89041'16" W 21242" thence I I N01043::46~,W, J'04.75' t~ the point of ~ beginning. ~E;;I~N -I~ -Z~~~N~ -~AP. ~ I The building official is hereby authorized. , and dJrected to change the zoning map of I the City of Iowa City, Iowa, to conform to I this amendment upon the final passage, approval and publication of fhe ordinance as approved by law. SECTION III. CERTIFICA- I TION AND RECORDING. The City Cle,k ! is hereby authorized and directed to cer- , fify a copy of fhis ordinance, and racord I 1 the same in the Office of the County Recorder, Johnson County, Iowa, at the : Owner's expense, upon the final pas- ! ! sage, approval and publication of this I ordinance. as provided bv law. 1.- --SECTION IV:REPEALER~AII-' I ordinances and parts of ordinances in conflict with the provisions of this I II Ordinance are hereby repealed. . SECTION V. SEVERABILI. TY. If any section, provision or part of the L Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication I shall not affect the validity of the , Ordinance as a whole or any section, provision or part thereof not adjudged ~ invalid or unconstitutional. , SECTION VI. EFFECTIVE DATE. This Oreli-nanee shall be in effect after its final passage, approv-al and pub- lication, as provided by law. Paued and approved this 1st day of August, 2006. s/Aoss Wilburn, Mayor Anast: slMarian K. Karr City Clerk 6OS7S August 9, 2006 , I ~ 1 --= -14 :!:m~!:'t ~~"IIIII'- ---- ... 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. 06-4225 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 9, 2006. Dated at Iowa City, Iowa, this 5th day of September, 2006. ~ J~~~~~~'~ Deputy City Clerk _".~ M ~ /: .' '. I...... ......., ~. tl <c - LI;?, ci..S' Printer's Fee LloG .4f< CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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 f . time(s), on the following date(s): ~ ~ ;:)r}"'X 0 Legal Clerk Subscribed and sworn to before mJ this II~ day of .!r,. 8 .d- A.D. 20 O~ X~~~ Notary Public ~ UNDA kROTZ . (. .! c..n.n..d.... Number 732S19 loIyc..._......, E>I*8B .-....y 27, lllIIl8 ~ " r , OFFICIAL PUBLICATION , ORDINANCE NO. 08-4225 I AN ORDINANCE CONDITIONALLY ] REZONING 20.79 ACRES OF PROPER- I I TV LOCATED ON LOWER WEST BRANCH ROAD, WEST OF TAFT I I AVENUE FROM INTERIM DEVELOp. \ MENT SINGlE.FAMILY RESIDENTIAL , (ID-RS) ZONE TO LOW DENSITY SIN- GLE-FAMIL Y RESIDENTIAL (RS-B) 1 ZONE. (REZ06-00013) WHEREAS, Arlington Development, LtC has applied for a rezoning of approximately 20.79 acres of property from Interim Development : Single-Family Residential (IO-RS) Zone to Low Density Single-Family Residential (RS-S) Zone; and WHEREAS, said property is located on Lower West Branch Road, west of Taft Road; and ---.... -WHEREAS, the Northeast District Plan identifies the area as appro- priate for low density single-family resi- dential type development; and , WHEREAS, the Planning and Zoning CommisSion has reviewed' the proposed rezoning and has heard public Input; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has recommend- , ed approval subject to conditions; and WHEREAS, the conditions recommended by the Commission ars related to the design of future subdivision \ and open space, and to funding of the future improvements to Lower West Branch Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I. APPROVAL The I property described below is hereby : reclassified from Interim Development , Single-famUy Residential (lD-RS) to Low Density Single-Family Residential Zone (RS-B): i, Commencing at the Northeasi comer of ) the Southeast_._Quarte",of.S~ction ],,! Township 79 North, Range 5 West, of the 15th P.M., Iowa City, Johnson County, Iowa; Thence N89058'56"W, along the I 'North Hne of said Southeast Quarter,! 717.27 feet, to the Point of Beginning; I Thence S03017'33"E, 362.35 feet, I Thence Sl1042'27"E, 104.62 feet; . Thence N60023'10''E, 85.89 feet;1 Thence S4r25'02~E, 184.92 feet; Thence S18"09'3rE, 302.29 feet; Thence S02002'55"W, 478.83 feet; i Thence S12"48'20"W, 445.52 feet; \ Thence S89059'58"W, 603.36 feet;' Thence N42004'38"E, 279.14 feet, \ Thence Northeasterly 593.57 feet, along' an arc of a 500.00 foot radius curve, con- cave Northwesterly, whose 559.32 foot chord bears NOB"04'05"E; Thence ) N25g56'27"W, 764.11 feet; Thence \ S8r46'23"W, 272.58 feet; Thence NOO"OO'OO~E, 309.80 teet, to a point on said North line; Thence S89058'56"E, along said North line, 713.21 feet, to the I Point of Beginning. Said iract of land con- tains 20.79 acres, and is subject to ease- ' ments and restrictions of record. ' SECTION 11. ZONING MAP. The Building' Inspector is hereby authorized and directed to change the zoning map of the I ,-City of Iowa City, Iowa, 10 conform to this. I arr1l3ndiTi1fntupon-the-final-passage," approval and publication of this ordi-j t nance by law. I \ SECTION 111. CONDITIONAL, 1 ZONING AGREEMENT. Following final' I passage and approval of this ordinance,' the Mayor is hereby authorized andl directed to sign, and the City Clerk tOI attest, the attached Conditional Zoning' Agreement between the property ownersl ~ the applicant, and t~.fity ~Io~a City. j ~~, \\~ r--- ~SECTION-'V. -CERTIFICA' -~. ) TION AND RECORDING. Upon passage and approval of the Ordinance, and atter execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, aU as provided by law. SECTION V. REPEALER. All ) ordinances and parts of ordinances In I conflict with the provl-slons of this Ordinance are hereby repealed. I SECTION Vi. SEVERABILI- i lY. If any section, provi-sion or part of the l Ordinance shall be adjudged to be invalid I or unconstitutional, such adjudication J shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutional. SECTION VII. EFFECTIVE DATE. This Ordl-nance shall be In effect after its final passage, approv-al and PUb- lication, as provided by law. Passed and approved this 1 st day of August, 2006: s/Ross Wilburn, Mayor Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the \ City of Iowa City, Iowa, a municipal cor- poration (hereinafter "City"), and Arlington Development, Inc. (hereinafter . .Applicant~) ana Jerry F. Lindemann (hereinafter "OWner"); and Attest: s1Malian K. Karr, City WHEREAS, Owner is the legal title hold- er of approximately 20.79 acres of prop- erty located on Lower West Branch Road, west of Taft Avenue; and WHEREAS, the Applicant with the \ Owner's consent has requested the rezoning of said property from Interim Development Single-Family Residential rID-RS) zone to Low-Density Single- Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning ~ "II Commission has determined that, with I' appropriate conditions regarding the I design of the Mure subdivision and fund- t ing of future improvements to Lower ) West Branch Road, the timing of the i rezoning is appropriate and the Low \ Density Single-Family Residential (AS-S) I zoning is in conformance with the I Comprehensive Plan; and WHEREAS, Iowa Code ~14.5 (2005) i provides that the City may impose rea- 1 sonable conditions on granting an appli- \ cant's rezoning request, over and above I existing regulations, in order to satisfy : pUblic needs caused by the requested I change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the develOpment of the property conforms to the neighborhoods design principles and open space provisions of tile Northeast District Plan and the Comprehensive Plan goals and to ensure that proportion- ) I al contribution is made toward future reconstl\Jction of Lower West Branch Road; and I WHERE.AS, Owner and Applicant agree : , - to use this property in accordance with i the tenns and conditions of a conditional zoning agreement. ~. 0\0 - '-'<~~S-- \J. ~~CL NOW, THEREFORE, in consideratlon 01 the mutual promises contained herein 1 the parties agree as follows: . : 1. Jerry F. Lindemann is the legal tith~ holder and Arlington Development, Inc. F,; the applicant for a rezoning of the prop- < erty legally described as follows: I Commencing at the Northeast corner of I the Southeast. Quarter of Section I' Township 79 North, Range 5 West, of th,~ I 5th P.M., Iowa City, Johnson Countv, Iowa: Thence N89058'56"W, along the North line of said Southeast Quarter, 717.27 feel, to the Point of Beginning; Thence S03017'33"E, 362.351e91, Thence S11042'27"E, 104.62 .feet; Thence N60023'10"E, 85.89 lleet; Thence S47025'02"E, 184.92 ;leet; Thence S18G09'37"E, 302.29 :feet; e:::l'hence-$6~2'55~W,-=478:83=;tcct;='-l Thence 512048'20"W, 445.52 jfee!t; Thence S89059'58"W, 603.36 feelt; Thence N42004'38"E, 279.14 feelt, Thence Northeasterly 593.57 feet, along an arc of a 500.00 foot radius curve, con- cave Northwesterly, whose 559.32 foot chord bears N08004'05"E; Thenl~e N25il56'27"W, 764.11 feet; Thenl:e l , S8J046'23"W, 272.58 feet; Thenl:e NoooOO'oo"E, 309.80 feet, to a point 1:)0 said North line; Thence S89058'56'E, along said North line, 713.21 feet, to the Point of Beginning. Said tract of land exln- tains 20.79 acres, and is subject to ealle- ments and restrictions of record. 2. Owner and Applicant acknowledge tl'tat the City wishes to ensure appropri- ate residential development that con- forms to the Comprehensive Plan Elfld the neighborhood design policies con. taiMd within the Northeast District Plan. Further, the parties acknowledge that Iowa COde ~ 14.5 (2005) provides that i the City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above the existinq leg- ' l ulations, in. orda.r to satisfy public 'Vleds I. caused.by.the requested change, il"l)\ud- -ing p"rovisio"ns for aaEiquatednfrastiubu-re necessary to support urban develop- ment. Therefore Owner and AppliGant agree to certain conditions over and above City regulations as detailed below, 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development 01 the I subj~ property will confonn to all other ~ , requirements of the zoning code, as well as the following conditions: a. Owner and Applicant agree that any t. luture devalopmenl 01 this p,operty will be in compliance with the neighborhood l design principles of the Northeast District I Plan, f!.nd that the City will take these i policies into consideration during review i ) of such development. these polices I . include, but are not limited to the provi- I sion of interconnected street system, cui- : de-sac streets only where other options are not practical, designing sidewalk and trail connections and neighborhood access to open spaces, as an integral part of the neighborhood. In this instance, any future development shall ensure, retention of the remnants of the stone bridge in a manner that provides public access to this feature as per a preivious conditional zoning agreement. b. Prior to'any plat or'developmentbeing approved on the propertY north 0'1 mid- way point between Lower West e,ranch I Road and Court Street, the Owner \. Applicant to agree contribute proportionai,' cost of Lower West Branch .Road' improvement, at a rate of $6,424.44 peri \ acre of property, (a total of $133,S64.00 f for 20.79 acres) at the time of final plat 1 approval. Said funds shaH be deposited ..with ~he C?ity ,prior to the first occLlpan~ ! permit being ISSUed for any lot in any flna . olat on this Droperty. . I j4~TheOwner.Applicanfaffd-Clty \ acknowledge that the conditions con- I tained herein are reasonable conditions to impose on the land under Iowa Code ] ~14.5 (2005), and that said conditions satisfy public. needs that are caused by the requested zoning change. ( 5. The Owner, Applicant, and City acknowfedge that in the event the subject property is transferred, sold, redevel- oped, or subdivided, all redevelopment I will conform with the terms of this Conditional Zoning Agreement. 16. ~~ parties acknowledge that this Conditional Zoning Agreement shall be I 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 unl8ss or until released of record by the qty of 'Iowa City. ' I I The parties further aCkhoWI-1 edge that this agreement shall inure to < the benefit of and bind all SUCC9SS015 representatives, and assigns of the par: .1 'ties. . I l 7. .Applica~~ acknowledges that nothing in I thiS Conditional Zoning Agreement shall be construed to relieve tile Owner or Applicant from complying with all other applicable local, state, and federal regu- lations. ' S. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning t~e subject property, and that upon adop- I tlon and publication of the ordinance, this agreement shall be recorded in the 1 Johnson County Recorder's Office.at the I Applicant's expense. I Dated this 1 st day of August, 2006. I . I CITY OF IOWA CITY I , slRoss Wilburn, Mayor I : Attest: slMarian K. Karr : , I slJerry F. Lindemann, Owner , Arlington Development, Inc. slJohn Moreland Jr. i 60879 August 9,2006 " I ~ 1 --= -....!t :-.~....--.. :!:~~;!i ~ ....-;:,,-.;.~..IIIII' ~ ... 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. 06-4226 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 9, 2006. Dated at Iowa City, Iowa, this 5th day of September, 2006. ~\~~~~ Ju I K. Voparil Deputy City Clerk : ... -' ......'... ~ -, ~ - v , "- Printer's Fee $ ;)Q .'13 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): JJIl1tAAl C)/ .JOOlo Legal Clerk Subscribed and sworn to before me day orDMS--d- this Il-Jr- A.D. 20 ()(P ~~ otar Public ..... uNbAkftOTZ ,..1\ c...,.,; . , Number 732S1B ..... ..,~..,I. 1E$88 ......, 'Z7, 2IIll8 . '~~ ~. --- 1 OFFICIAL PUBLICATION ORDINANCE NO. 06-4226 AN ORDINANCE VACATING A POR- TION OF DANE ROAD SOUTH OF HIGHWAY ,. (VAC06-00002) WHEREAS, The Iowa City Airport Commission has acquired property on both sides of the portion of Dane Road adjacent to the Iowa City Airport south of Highway 1; and WHEREAS, This portion of Dane Road in no longer needed to provide access to adjacent properties: and . WHEREAS, Utilities have been or will be relocated from the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: . SECTION I. VACATION. The City of Iowa I' City hereby vacates the rights-of-way legally described as follows: THAT PART OF EXISTING DANE ROAD RIGHT-Of-WAY SITUATED IN PART OF THE NORTHEAST 1/4 OF SECTION 20. TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE 5TH P.M. AND IN PART OF THE NORTHWEST 1/4 OF SEC- TION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., ALL IN THE CITY OF IOWA CITY. COUNTY OF JOHNSON, STATE OF IOWA. SAID PART OF EXISTING DANE ROAD RIGHT.OF-WAY IS BOUNDED ON THE NORTH BY THE PRESENT SOUTH. EASTERLY RIGHT-Of-WAY LINE OF IOWA HIGHWAY 1 AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE NORTHEAST 1/4 OF SAID SEC- TION 20 AND THE SOUTHERLY LINE OF THE NORTHWEST 114 OF SAID SECTION 21. SECTION II REPEALER. All ordinances and parts of if ordinances in conflict with the provision~ of this Ordinance are here- by repealed. SECTION III. SEVERABILITY. If any sec- tion, provision or part of the Ordinance ! shall be adjudged to be invalid or uncon- I stitutional, such adjudication shall not I affect the validity of the Ordinance as a whole or any section, provision or part I not adjudged invalid or unconstitutional. ; SECTION IV. EFFECTIVE DATE. This 'Ordinance shall be in effect after its flnal passage, approval and publication, as I provided by law. Passed and approved this 1 st day of August 2006. , ' s1Ross Wilburn, Mayor ! . Attest Marian K. Karr, City Clerk i 60660 August9,2006 I ~ 1 -....= -..... ...r---'" :i~W!:'"!. ~~~IIIII~ ..... a.a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319J 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. 06-4227 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 9, 2006. Dated at Iowa City, Iowa, this 5th day of September, 2006. ~"'~n\"~~~ Ju . Voparil '-' Deputy City Clerk ...."'\.:. ...... ~ ..... ~. / /' . ". . - ~"- Printer's Fee $ :14.15 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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 J . time(s), on the paper following date(s): fiil1'~/Jf: q: ;)()()!..J; Legal Clerk Subscribed and sworn to before me this-1l*- day Of,~ g;f A.D. 20 Oln ~.I~ otary PublIc . U... .ICROTZ 'ii Co.,., 11110" Number 732519 . .. MyG,.,~..h.J It' Explres .JorluIIy 'D; 2lI08 '\1 OFFICIAL PUBLICATION ORDINANCE NO. 064227 ORDINANCE AMENDING TITLE 4. ENTITLED "ALCOHOLIC BEVER. AGES: CHAPTER 2, ENTITLED "L10UOR LICENSING AND BEER PER- MITS" BY AMENDING SECTION 2 TO ALLOW LIVE PERFORMANCE THE. ATERS TO SERVE AND CONSUME ALCOHOL ABOVE THE GROUND FLOOR. WHEREAS, City Code sec- tion 4-2-2 limits the sale and consump- tion of alcohol pursuant to a liquor license or beerlwine permit to the ground floor except for hotels, motels, restaurants, and private clubs; WHEREAS, live performance theaters which have liquor licenses or beer/wine permits should be granted a similar exception to the general ground floor limitation; and WHEREAS, it is in the best interest of the City to adopt this amend- I mant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licensing and Beer Permits," Section 2, entitled "Premises Requirements," Subsection B is hereby amended by deleting it in its entirety and adding a new Subsection B as follows: No liquor control license nor beer permit for serving and consuming on premises shall be approved for an establishment which is not located on the ground floor of a building and which does not contain windows which permit visibi1~ ity of its interior from the public way, except for hotels, motels, restaurants, private clubs, and theaters that have live performances as their principle function. An establishment will be considered to be on the ground floor if it is located on a mall level. This provision shall not be applicable to establishments which were licensed prior to the effective date hereof SECTION II. REPEALER. All I ordinances and parts of ordinances in conflict with the provision of this 1 Ordlnance are hereby repealed, SECTION 111. SEVERABlU- ~ TY. 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-tutlonal. ,I SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub- lication, as provided by law. 1 . Passed and approved this 1st I day of August, 2006. I slRoss Wilburn Mayor 1- . Attest: slMarian K. Karr, City Clerk I 60881 AugJst 9, 2006 I ~ 1 -~= -1iO :!:~W!l't -"::"~"'IIIII'- ..... &a 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319J 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. 06-4228 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 30, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. ~ ~ .,... . \<--~~.. '\1 Julie . Voparil "'- Deputy City Clerk , , ~::..: '.:; . - ~~ ~. _. ". r (" ~ : ," ~>....." ",;.... : ..~"-- '-.;;.. . . .~:,.,~.", .'- - ...<,/ -;: ... .:.,. Printer's Fee $~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): ~ 'At 3fJ. .J()()LP Legal Clerk Subscribed and sworn to before rr;e this /:;),.}r-- day o~tk-~ A.D. 20 ()( " - . ublic UNDA KROTZ ~ (;oIIlmIsSIOn Number 732S1B . . My ~1.,lul- Explres ...., ~, llIIO& ---' j\ r= OFFICIAL PUBLICATION I ORDINANCE NO. 06-4228 ~N ORDINANCE REZONING 2.32- , ACRES OF LAND LDCATED AT 2401 ! SCOTT BDULEVARD FRDM GENERAL I INDUSTRIAL (1-') TO NEIGHBOR- I HOOD PUBLlCnNTENSIVE CDMMER- CIAL (P-1/CI-') (REZ06-00016). I WHEREAS, the applicant I City of Iowa City, has requested a rezon: Ing of property located at 2401 Scott Bo~levard from General Industrial (1-1)' to Nelghbomood Public/Intensive I Commercial (P-1/CI-1); and WHEREAS, the Planning and Zoning Commission found that proposed uses were compatible with the surround- ing properties; and . WHEREAS, the Iowa City Zoning Gode requires that all land pub- licly held by the City, County, or School Districts be zoned P-1with an appropri&te overlay zone for private uses that occupy such land; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and . WH.EREAS, the Iowa City City Council concurs with the recommen- dations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA, SECTION I APPROVAl. The property described below is hereby I r~~c1~ssified from its current zoning classi- fication of General Industrial {1-1} to Neighborhood Public/Intensive I Commercia! (P-1JCJ-1) is hereby approved: .. Part of lot 7, Auditor's Plat No. 32, more particularly described as: Commencing at a point of reference at the east quarter corner of Section, 24, Township 79, North, Range 6,..West of the 5th PM Iowa City, Johnson, County, Jawa; the~c~ ~88043'53~ W, 20.00 feet along the north line of the southeast quarter of said Section 24, to a point of intersection with eh westerly right-at-way line of Scott Boulevard and the point to beginning of the tract herein( for purposes of this description tOe east line 01 the southeast quarter of said Section 24 is assumed to bear true north); thence N00015'1O"W, 65.00 feet to a point; thence S88048'53"W, 396.24 feet along a line parallel with and 65 feet northerly of and measured perpendicular to the north line , f the southeast quarter of said Section 24 I to a point; thence south 306.05 feet to a point; thence S64003'01~E, 440.88 feet to I a point of intersection with said westerly I right-at-way line of Scott Boulevard; I thence north 442.17 feet along said west- I erly right-of-way line of Scott Boulevard to the. po!nt 10 beginning, being lot 7, Auditor s Plat No. 32, according to the plat thereof recorded in Book 16 Page 79, I Plat R~cords of Johnson County, Iowa, 1 excepting therefrom: commencing at the northeast comer of Section 24, Township 79 North, Range 6 West of the 5th P.M.; I thence S00018'56~E, 2583.35 feet; L: thence S88048'53"W, 20.00 feet to the ''; point of beginning; thence SOOo18'56~E, 64.65 feet; thence SOOo03'29~E (this is an assumed bearing), 442.54 feet; thence N64003'01"W, 33.38 feet. thence NOOo03'29~W, 427.84 feet-' thence N00018'56~W, 64.13 feet;' thence N88048'53"E, 30,00 feet to the point of beginning, subject to easements, covenants 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 oflhe ordinance as a?proveQJlyJaw. I' "--SECTION IIi. CERTIFICA- TION AND RECORDING. The City Clerk is hereby authorized and directed to cer. tify a copy of this ordinance, and record the same in the Office ot the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final pas- sage, approval and pUblication of this ordinance, as provided by law, SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY t If any section, .provision or part of the Ordinance shall be adjudged to be invalid I or unconstitutional, such adjudication I shall not affect the vaHdity of the ., Ordinance as a whole or any section, pro- . vision or part thereof not adjudged invalid I or unconstitutional. I' -_.~- SECTION VI. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage, approv-al and pub- lication, as provided by law. Passed and approved this 22nd day of August. 2006. sJRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 61107 August 30, 2006 I ~ 1 -~= -10 :!:~~~'t "-~"'IIlIIi\f~ ....... .. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319J 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. 06-4229 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 30, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. ~.,,~ . \<~~ ~ . . Voparil ....... Deputy City Clerk ; : ~ , .. ',:.,.. ~ > -~,' :. .,- -". ";. ....: . .. --).;- .: <"H _ .. v"':' . "'~ ~. .~. ~ . .- Printer's Fee $ '--{,1. <-If}- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. III # 42-0330670 I, Diana Becicka, 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): ~ 3D, ~mltl Legal Clerk Subscribed and sworn to before me this ~ day 0 A.D. 20 6~LJ ~~~~ ~ry Public ti tuIu.z " ~,..' . I NumbBr 1321'19 . . My Q)..., I . 1\ ExpIres .-..- 27; 2llO8 ":i OFFICIAL PUBLICATION ORDINANCE NO. 06-4229 AN ORDINANCE AMENDING mLE 14, ZONING CODE, SUB5.ECnON 4E-8C, NONCDNFORMING SIGNS, TO ALLOW FOR RECONSTRUCTION OF A NON, CONFORMING SIGN BY SPECIAL EXCEPTION. WHEREAS, there are currently provi- sions in the Iowa City Zoning Code that allow alterations to existing nonconform- ing signs if they are located on properties designated as Historic landmarKs. prop- erties registered on the National Register of Historic Places, Of on propenies locat- ed in a Historic or Conservation District, but no provision for reconstructing repro. ductions' of such signs in cases where they are completely destroyed by fire or natural disaster; and WHEREAS, in certain unique and rare situations a sign may have significant artistic, cultural, or nostalgic value to the community, regardless of whether it is located on a historic property; and WHEREAS, in the interests of retaining nonconforming signs that have the afore- mentioned significant artistic, cultural, or I'lOstalgic value, provision should be l made in the zoning code to allow such a sign, if destroyed by fire or natural disas- ter, to be reconstructed, provided the sign I does notposEJ:.a public safety hazard; and WHEREAS, sInce such cases are likely to be rare and uniQue, and careful con- sideration may be needed to ensure pub- lic safely standards are met, such cases should be reviewed by the Board of Adjustment as a special exception. NOW, THEREFORE, BE IT \ ORDAINED BY THE CllY COUNCIL OF I' THE CITY OF IOWA CITY, IOWA: SECTlON t The Code of Ordinances of the City of Iowa City, Iowa . is hereby amended as follows: A. By inserting a new paragraph 5 into subsection 14-4E-BC as foHows: 5. The Board of Adjustment may grant a special exception to allow repair or recon- struction of a nonconforming sign that has been damaged or destroyed by fire, explosion, act of God or by a' public enemy if ~he following approval crilerla are met: 8. In order to qualify for thiS exception, the sign must fall into at least I one of the following categories: = (1) The subject sign is an integral part of the historic identity of a property or use designated as a Historic landmark, a I property registered on the National Register of Historic Places, or of a prop- I erty listed as a key or contributing proper- ty in a Historic District or Conservation District Overlay Zone; or I (2) The Sign is an integral part of a prop. I erty's historic identity such that it i.s gen- erally recognIzed and associatea"witti a. I longstanding business or institution and makes a significant artistic, cultural, or I nostalgic contribution to the community 01 L neighborhood. b. The sign must be reconstructed as nearly as possible to its historic design or to the design that is generally recognized and' associated with the longstanding business or institution such that it contin- ues to make a significant artistic, cultural ---.J or nostalgic contribution to the cornrrnmi- ty or neighborhood. c. The sign must be reconstructed such th.at it is not a hazardous sign. The Sign must be located in a manner that com- plies with Article 14-50, Intersection Visibility Standards. The Board may require changes to the sign, to its struc- , ture or mounting, or its location in order to " improve public safety. If the sign is not maintained according to the prOvisions of Article 14-5B, Sign Regulations, and becomes hazardous, the City may Lreq.uest that the Board of Adjustment revo!w..tt!.e"!p':ecial exceotion. " d. If the sign -is located on aprape"rty des- ignated as a Historic Landmark, a proper. ty. reg~stered on the National Register. of Hlstonc Places, or a property listed as a !tey or contributing property in a Historic District or Conservation District Overlay lone, the subject sign must be approved I by the Historic Preservation Commission I and issued a certificate of appropriate- I ness. If the Board of Adjustment grants a I special exception for the sign, any subse- quent changes to the sign do not have to I be approved by the Board of Adjustment, l but do require a certificate of appropriate- I ness from the Historic Preservatfon Commission. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the pro\li-sions of this Ordinance. are hereby repealed. SECTION IV. SEVERABILI, , TV. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha!1 not affect the validity of the ~r~mance as a whole or any seetlon, pro- vIsion or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE . DATE. This Oreli-oance shall be in effect after its final passage, approv-al and pub- licalion. . . . I Passed and approved this 22nd day 01 August, 2006. : s1Ross Wilburn, Mayor I Attest: slMarian K. Karr, City Clerk 61108 August 30, 2006 I L- I ~ 1 _~= _.A ...r---'" ~~~~~ -..::..~~IIIII'- ....... .. CITY OF IOWA CITY 410 EaSl 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. 06-4230 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of August, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 1, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. ~o\'~~~ Julie '. oparil " Deputy City Clerk , - -. . -' ...... v.' - - 'J/; . ,v~ .:. -- ,.- '- ~, oC:,- '---\~::)O Printer's Fee $ I d-- ~ . ~D CERTIFICATE OF PUBLICATION STATE OF IOWA,") 1 JOHNSON COUNTY, SS:'. THE IOWA CITY PRESS-CITIZEN " FED. ID #42-0330670 - I, Diana Becicka, 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): ~ ,"""1".... I, QColn Legal Clerk Subscribed and sworn to before me this I >..)1-. day of ~...L-- A.D. 20 ()u ~ _ ~~YPnbll' {1\ eam,,' l.h~7328t. '.. My Oomml...du.. ""'*"" . .Mnu8ry 27, 2OCl8 ps OFF;;. PlffiUC~T1~N ORDIN,NCe NO. ()6.423Q ~ AN ORDINA"CE CONDITIONALLY . REZONING. 4PPROXIMATELY 2.83 \ -~. ACRES OF PROPERTY LOCATED AT 4435/4455 MELROSE AVENUE FROM NEIGHBORHOOD PUBLIC (P-') ZONE TO NEIGHBORHOOD PUBUC I lOW DENSITY MUlTI.FAMllY RESIDEN- TIAL (P-lIRM-12) ZONE, WHEREAS, Johnson County Permanent Supponive Housing l.P" has applied for a rezoning of approximately 2.83 acres of property located at 4435/4455 Melrose Avenue from Neighborhood Public (P-.l) t~ Neighbortwod Public/Low DenSity Multi- Family Residential (P-l/RM-12); and WHEREAS, ttle Zoning Code . specifies that before a leasehold Interest l in any land zoned public is conveyed to anyone for a use other than those allowed in the PubUc Zone and to anyone olher than the government of the United States, the State or a politica[ subdivision thereof, the land must be rezoned to an appropriate zone in which the proposed r use is allowed; and \ WHEREAS, the property is \ owned by Johnson County a~d is bei.ng I_leased 10 the-aPPlie;aO!~la.p~v;:;: entl~, , for development of multi~ amI 1denLlaL , dwellings ,intended for [ease to p.riWte I indivldualsor. entities, a use that IS not allowed in, the Pub[icZone unless the- land is rezoned with an appropriate over- f ray zone in which the proposed use is I allowed; and I WHEREAS, the Low Density Mu[ti-Family Residential Zone (RM-12) allows multi-family residential dwellings at : the density proposed by the applicant; \ and WHEREAS, the proposed dwellings are intended to provide inde- pendent living opportunities for persons with disabilities and development of such housing in this location is consisten~ wi.th , the objectives of the Southwest Dlstnct L Plan and the Johnson County Poor Farm , Planning Study; and ...... WHEREAS, Iowa Code \ ~14,5 (2005) provides that the City ~f Iowa City may impose reasonable condl- j tions on granting an applicant's rezoning request over and above existing regula- ; tions, i~ order to satisfy public needs ' caused by the requested change; and WHEREAS, the Planning and I Zoning Commission has reviewed the proposed rezoning, and has recommend- ~ ed approval subject to conditions; and . WHEREAS, the conditions recommended by the Commission are " related to the location of vehicular access f to the subject property from Melrose \ Avenue and appropriate landscape; _screeninglbufferingJrom State Highway_, 218; and WHEREAS the Owner and \ AP'plicant acknow[edge'that certain condi. tions and restrictions are reasonable to ensure public safety along Melrose Avenue. an arterial street; and WHEREAS, the Owner and Applicant acknowledge that certain condi. tions and restrictions are reasonable to ensure privacy of residential dwellings located in close proximity to State Highway 218, a freeway. NOW, therefore, be it ordained by the city council of the City o~ Iowa City, Iowa: SECTION l. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached I hereto and incorporated herein, the prCl~- arty described below is hereb.y rec[assl- fied from Neighborhood Pubhc (P-1) .to Neighborhood Public with a low DenSity Multi-Family Residential. Zone Overlay (P-1/RM-12): \?:J. \\~ I-A-PORTION-OF-THE-NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE.QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERID- IAN. CITY OF IOWA CITY, JOHNSON COUNTY. IOWA, MORE PARTICULAR- L Y DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005055 COMMENCING AT THE NORTHEAST I CORNER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE N89"38'29"W, ALONGTHE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAIO SECTION 13, A OISTANCE OF 720.34 FEET; THENCE SOO"04'20'E, 79.27 FEET TO A POINT ON THE SOUTHERLY LINE OF A RIGHT-OF- WAY PLAT EXHIB[T A-2AS RECORDED. IN DEED BOOK 602 AT PAGE 75 [N THE RECORDS OF THE JOHNSON COUN- TY RECORDER; THENCE 886'21 '03'E, ALONG SA[D SOUTHERLY LINE, 50.42 FEET; THENCE S75027'04"E, ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18"53'56"E. ALONG SAID SOUTHERLY LINE. 188.70 FEET; THENCE S47"10'34"E, ALONG. SAID SOUTHERLY LINE. 52.80 FEET; THENCE S89"55'40'W, 526.25 FEET; I THENCE NOO"04'20"W. 316.00 FEET TO .1 THE POINT OF BEGINNING, CONTAIN- I I" ING 2.83 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS. OF I L RECORD. lsECTION II. ZON[NG MAP. The --!:uUdinglnspector is hereby authorized , and directed to change the zoning map of i the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTlON Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to ' attest, the Conditional Zoning Agreement between the property owners, the appli- cant, and the City of Iowa City. 1 SECTION [V. CERTlFICA-j TJON AND RECORDING. Upon passage and approval of the Ordinance, and after _. execution of the Conditional Zoning \ Agreement, the City Clerk. is herebY! t authorized and directed to certlfy a copy of this ordinance and the Conditional l Zoning Agreement and to record the ) same, . at the office of the County l Recorder of Johnson County, Iowa, at tile : applicant's expense, all as prOvided by 1 . law. SECTION V. REPEALER. All ordinances and parts of ordinances in ' conflict with the. provi-sions of this Ordinance are hereby repealed. SECTlON_VI._ SEVERAB[U- ~ 'TY. lfany sectioi'i:"provi.sion 0-1' 15&rtoftl1e', r Ordinance shall be adjudged to be invalid' . -. or 'unconstitutional, such adjudication\ shall nor affect the validity of the Ordinance as a whore or any section, pro- , vision or part thereof not adjudged invalid i or unconsti-tutiona1. SECTION V[I. EFFECTIVE I DATE. This Ordi-nanca shall be in effect: after its final passage, approv-a[ and pub- i Jlcation, as provided by raw. Passed and approved this' 25th day of August, 2006. slRegenia Bailey, I ) Mayor Pro tern Attest slMarian K. Karr, City ~ Clerk ~.C:JCn- ---------_._--~ ---coNDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the , City of Iowa City, Iowa, a municipal cor- I poration (hereinafter "City"), and Johnson County Permanent Supportive Housing, (. L.P. (hereinafter "Applicanf) and County of Johnson County, Jowa (hereinafter "Owner"); and WHEREAS, Owner is the legal title hold- er of approximately 2.83 acres of proper- ty, legally described below; and , ) WHEREAS, the Applicant with the I Owner's consent has requested the _ rezoning of ,said _' property from I Neighborhood Public (P.l) 10 j Neighborhood Public with a Low Density I \ MUlti-Family Residential Zone Overlay (P.lIRM-12); and . WHEREAS, the Planning and Zoning! Commission has determined that, with I appropriate conditions regarding the la:ca-/ tion of vehicular access to the subject property from Melrose Avenue and appro- ~ priate landscape screeningJbuffering from, State Highway 218, the timing of the rezoning is appropriate and the low den-' sity multi.family zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code ~14.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti. ng an applicant's rezoning request, over 'J and above existing regulations, in order \ to satisfy public needs caused by the, ; requested change: and J WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure public safety along Melrose Avenue, an' a~erial street; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure pri- vacy of residential dwellfngs located in ! close proximity to State Highway 218, a rreeway;and . i WHEREAS, Owner and Applicant agr~e to use this property in accordance. With , I the .terms and conditions of a conditIOnal I ZOning agreement. , NOW, THEREFORE, in consideration of : j the mutual promises contained herein, the parties agree as follows: 1. County of Johnson County, Iowa is the legal title holder and Johnson County Permanent Supportive Housing L.P. is the applicant for a rezoning of the property legally described as follows: A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST . ONE-QUARTER OF' SECTION 13, l TOWNSHIP 79 NORTH, RANGE 71 . WEST OF THE 5TH PRINCIPAL MERID. IAN, CITY OF IOWA CITY, JOHNSON COUNTY. IOWA. MORE PARTICULAR- , lY DESCRIBED AS FOllOWS: AUDITOR'S PARCEL 2005055 COMMENCING AT THE NORTHEAST , CORNER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE' 5TH P.M.. CITY OF IOWA CITY, JOHN- . SON COUNTY, IOWA; THENCE 4~3o ~~:;;;W, AlONGTHE NORTH LINE I . OF THE NORTHEAST ONE-OUARTER I OF SAID SECTION 13, A DISTANCE OF 720.34 FEET; THENCE SOO'04'20"E, 79.27 FEET TO A POINT ON THE I SOUTHERLY LINE OF A RIGHT.OF- I WAY PLAT EXHIBIT A-2 AS RECORDED IN DEED BOOK 602 AT PAGE 75 IN THE RECORDS OF THE JOHNSON CooN- 'I' TY RECORDER; THENCE S86'21 '03"E. ALONG SAID SOUTHERLY LINE, 50.42 , FEET; THENCE S75?27!Q4"E, ALONG SAID SOUTHERLY LINE, 388.95 FEET; THENCE S18'53'56"E. ALONG SAID SOUTHERLY LINE, .188.70 FEET; THENCE S47'10'34"E, ALONG SAID SOUTHERLY LINE. 52.80 FEET; THENCE SSgo55'40"W, 526.25 FEET; THENCE NOoo04'20NW,\3t6.00 FEET TO THE POINT OF BEGINNING, CONTAIN- ING 2.83 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. \- f 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate reS-I identia! development that conforms to the principles of the Comprehensive Plan. Further, the parties' aCknowledge that ( Iowa Code ~414:5 (2005) provides.....that... the City of lowaCity.may-imposereason- I ;; able:oonditl6iiSOn granting an applicant's I ..( rezoning request, over and above ~he r existing regulations, in order to satisfy . , public needs caused by the requested , I change, including provisions for street access and for buffering lh~ noise and I negative visual aspects of freeways from I residential development. Therefore Owner and Applicant agree to certain conditions over and above City regula- tions as detailed below. \ 3. In consideration of the City's rez~ning the subject property, Owner and Applicant agree that development of the subj.ect property will conform to all other reqUIre- ments of the Zoning Title, and that no new access points to Melrose Avenue will be granted for the subject property and vehicular access to the subject property will be provided by utilizing and sharing the existing access points ~o Melrose Avenue from the Owner's property locat- ed directly west of the subject property. 4. In consideration of the City's rezoning the subject property, the Applicant agrees to establish, prior to issuance of an occu- pancy permit, a vegetative, ~ufferlscreen of deciduous and evergreen trees- and shrubs, according to a lan~aping ~Ian approved by the City, along the sublB?1 property's east property boundary, said boundary being adjacent to State Highway 218. 5. The Owner, Applicant, and City ack.nowledge that the conditions. ?on- ' tained herein are reasonable conditions to impose on the land-under Iowa ~.ode 9414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. I 6. The Owner, Applicant, and C?ity I acknowledge that in the event the subject property is transferred; sold, redevel- I oped, or subdivided, all, redeveJopme~ I' will conform to the terms of thiS Conditional Zoning Agreement unless \ and until the overlay zoning district. is. removed. \ . 7. The parties acknowledge that thIS Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with titre to the' land, and shall remain in full force and effect as a covenant with tiUe to Ihe land unless or until released of record by the City of Iowa City or the overlay zoning district is removed <?j d~~ --a:-The parties further acknowledge th~t " this agreement shaff inu~ to the benefit of and bind all successors, representa. tives, and assigns of the parties. 9. Applicant 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 regu- . lations. 10. The parties agree that this Conditional Zoning Agreement shaH be incorporated by reference into the otdi- 1 nanea 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. I Dated this 25th day of August, 2006. CITY OF IOWA CITY S/Regenia Bailey, Mayor:pro " tem Attest: slMarian K. Karr City Cl,grk , COUNTY OF JOHNSON COUNTY, IOWA S/Mike Lehman Chairperson,. County Board, of Supervisors Anest: Tom Slacken, s1Chris Edwards, Deputy Auditor/Designee SJ1im N. Smith JOHNSON COUNTY PERMANENT ! SUPPORTIVE HOUSING L.P., Applicant 61118 September 1, 2006 c I ~ 1 -....= -!(f :!:~~~'t ~-';'~"'IIIII'- ..... ... 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. 06-4231 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of September, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 13, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. " ~\",~~.:.~ Julie K. Voparil ' Deputy City Clerk " .,...",.::. - ~ ,'0, ... _ i' ..? ~ ~ ' CJ to - 4'~3 \ Printer's Fee $---1.l.3..J.:L CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42.0330670 I, Diana Becicka, 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 foUowing date(s): ~dA 13J ~()nlo Legal Clerk Subscribed and sworn to before me this \~ day 0 A.D.2~ ";:t ~-A~ Notar ublic . .. '.MoTz. 4\ Ccn.,dwIon Number 732919 ':&::. My Commission Expiras DfIII . January 27. 2008,.__ --.-...---- ~,\\~ ~~. \)~ ~ '-f~ 3\ ,. ..) \dJ. ~~ ~ ,.-' OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 06-4231 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," AND SUBSECTlO~ C, ENTITLED "SCHOOL SPEED ZONES,' TO ESTABLISH AND AMEND THE SPEED LIMIT ON PORTIONS OF MORMO~ TREK BOULEVARD, NAPLES AVENUIO, SYCAMORE STREET AND U.S. HIGHWAY 6. WHEREAS based on a review of. the City Code provisjons establishing speed limits for motor vehicles on City streets, and engi neering and traffic investigations, the Transportation Planning Division recommends the speed limit on portions of Mormon Trel Boulevard, Naples Avenue, Sycamore Street and U.S. Highway 6 be clarified and/or amended; NOW. .;HEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA, SECTION I AMENDMENTS A. Trtle 9, entitled "Motor Vehicles and Traffic," Chapter 3. entitled -Rules of the Aoad," Section 6, entitled "Speed Restrictions,' Subsection B. entitlad "Exceptions," is l1ereby amended as follows: . . 1. The following portions of the table currently set forth in said subsection are hereby removed: Name of Street MMi.mum Soeed limit fMPH) Where Limit Aoolies Mormon Trek Boulevard 35 From the intersection of Melrose Avenue to the Citylim1ts Name of Street North Dubuque Road Maximum Saeed Limit fMPH) 35 Where Limit Aoolies From the intersection of Iowa Highway 1 (Dodge Street) to Scott Boulevard Name of Street Scott Boulevard Maximum Saeed Limit lMPHl 35 Where Limit AooJies From the intersection with North Dubuque Road south to U.$. Highway 6 Name of Street Sycamore Street Mwrimum Soeed limit IMPH) 30 Where Limit Aoolies From the intersection with U.s. Highway 6 south to Gleason Avenue Na.me of Street Sycamore Street M.a;(imum Speed Limit (MPHI 30 Where limit Aonlies From the intersection with Bums Avenue south to the City limits Name of Street U.S. Highway 6 ~ximlJm Speed Limit CMPH\ 45 Where limit Aoolies From the east City limits to a point 500 feet west of Heinz Road Where Limit AonUes From a point 500 feet west of Heinz Road to a point 500 feet west of Fairmeadows Boulevard 2. The following provisions are hereby added to the table currently set forth in said subsection: Name of Street Milximum Speed Limit (MPHI Where Limit AonJies Mormon Trek Boulevard 35 From the north City limits to a point 620 feet southeast of Iowa Highway 1 Where Limit Aoplies From a point 620 feet southeast of Iowa Highway.1 to the intersection with Old Highway 218 Where Limit Aoolies From the intersection with Iowa Highway , north to the end of Naples Avenue M,slximum Sneed Limit rMPH\ 45 Name of Street U.S. Highway 6 Name of StrAet Mormon Trek Boulevard Maximum Saeed Limit rMPH) 45 Name of Street Naples Avenue Maximum Saeed Limit lMPH) 30 NAme of Street U.S. Highway 6 Where Limit Applies . From the intersection with Iowa Highway f south to U.S. Highway 6 Where LirnltAarnies From the intersection with U.S. Highway '6 south to the City limits Where Limit Aoolies From the east City limits to a pOint 500 feet west of Fairmeadows Boulevard B. TItle 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road," Section 6, entitled .Speed Restrictions,' Subsection C, entitled "School Speed Zones,' is hereby, amended as follows: . 1. The following portions,olthe table currently set torth in said subsection are hereby removed: Name of Street WhRre Limit Aoolies Sycamore Street From California Street to Lakeside Drive 2. The following provisions are hereby added to the table currently set forth in said subsection: Name of Street Where Limit Aoolies . Sycamore Street From California Avenue to a point 300 feet south of Lakeside Drive SECTION II REPEALER. All ordinances and parts 01 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 unconstitution 1 aI, such adjudication shaff not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudgec invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after ilS final passage, approval and publication, as provided b) Jaw. Maximum Saeed Limit tMPH) 35 Name ot Street Scott Boulevard Name of Street Sycamore Street Maximum Saeed Limit rMPH) 30 MaxImum SOMd Limit fMPH) 45 Passed and approved this 5th day of September, 2006. stRoss Wilburn, Mayor Attest slMarian K. Ka:rr, City Clerk September 13, 200E 61140 I ~ 1 --= -~ :!:~f:ei!:'t ~~'ST~IIIII'- ........~ 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. 06-4232 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of September, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 13, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. ~-. \,,~~.,"~ Julie ~~~il Deputy City Clerk -,\., .. ,;.. . , '- ORDINANCE NO. 06-4232 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL" BY AMENDING SECTION 1 TO PROVIDE FOR ENFORCEMENT THROUGHOUT THE YEAR. WHEREAS, the definition of 'enforce- ment period,' which is the lime period that the City enforces its 'weed ordinance,' is May 15 10 October 15; J WHEREAS, the weed ordinance should . be enforced throughout the year; and f WHEREAS, it is in the best interest of the City 10 adopt this amendment. I: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I OF CITY. IOWA: . . SECTION I AMENDMENTS 1, Title 6, entitled 'Public Health and I Safety,' Chapter 3, entitled 'Weed Control,' Section 1, entitled "Definitions," is hereby amended by deleting the term 'enfor~emenl period" in its entirety. SECTION II REPEALER All ordinances and parts of ordinances in conflict with the provision of this Ordinance are here- by repealed. SECTION III SEVERABILITY. If any section, provi-sion or part of the Ordinance shall be adjudged to be invalid ' I or unconstitutional, such adjudication [' shall not affect the validity of the Ordinance as a whole or any section, pro- I . vision or part thereo! not adjudged invalid or unconsti-tutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect aner its final' passage, approval and publication, as provided by law. I . . Passed and approved this 5th day of I SubscrIbed and sworn to before me Seplembe,,2006. < I ~ n' .! stRoss Wilburn, Mayor this 1Ci'-l-r. day of~y'J.u;; (.' ~~~t: Ma"an K. Karl, City . 61142 September 13, 2006 A.D. 20 (")L, Printer's Fee $ :lJ. <)) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED.ID #42-0330670 I, Diana Becicka, 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): ~.o. J'?, :JDOlo Legal Clerk ~ ~otary Public UNDAKROTZ ... 4\ Commission Number 732519 ''''-My Commission Expires January 27, 200B . . OFFICIAL PUBLICATION ,. , I ~ 1 --= -~... :!:~~j!:'"!. ~~~IIIII'- ....... .. 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. 06-4233 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of September, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 13, 2006. Dated at Iowa City, Iowa, this 2nd day of October, 2006. _h. ... ~ '. ~~~. (:)10- ~~33 Printer's Fee $ t::::::\ 11 d- CJERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 ) I, Diana Becicka, 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): ~A'1'lJ.wA I 1} :JOl)lLJ Legal Clerk Subscribed and sworn to before me this I ~ day of, A.D. 20 O{ " ~ Notary Public r UNI)A KROTZ I fA \ Commlss Ion. Number 732819 ..' My Commission ExpIres JanuBfY 27, 2008. '~J< \~~ ~J' ~~~ ~"-,,:~ . t. \0 - Y: ~53 OFFICIAL PUBLICATION OFFICIAt PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 06-4233 ORDINANCE AMENOING TITLE 3, ENTITLED 'FINANCES, TAXATION AND FEES' CHAPTER 4, ENTITLED 'SCHEDULE OF FEES, RATES, CHARGES, BONDS. FINE AND PENALTIES,' TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE ' UNDER THE STATE CODE AND AMENDING TITLE 16, ENTITLED .PUBLlC WORKS,. CHAPTER 3, ENTITLED 'CITY UTILITIES," ARTICLE H, ENTITLED 'SOLID WASTE,' TO BROADEN THE DEFINITION OF LITTER. WHEREAS, the fine for lit1ering is prElsently $35.00, regardless of where the littering occurs; WHEREAS, Iowa Code section 321.:J69 (2005) provides that it is illegal to litter on a street or highway, and S.F. 2319. which went into effect On JUly 1, 2006, increases the fine for said violation from $35.00 to $70.00; , WHEREAS, the fine under a municipal ordinance cannot be less than the fine for the same violation under State law; WHEREAS, it is in the best interest of the City to have same fine for aU fitlering violations, and not to have the fine for Iltlering on a street or highway be greater than IittElring anywhere else; WHEREAS, the present definition of "litter' includes a requiremenUhat the garbage must "unreasonably endangerD public, health, safety and welfare"; and WHEREAS, it is in the best interest elf the City to prohibit depositing garbage on the streets, parks, and other public places regard- less of whether doing so unre8sonatly endangers public, health, satety, and welfare. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY. IOWA: 1 SECTION I AMENDMENTS . 1, litle 3, entitled 'City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties,' Section 9, entitled "Violation of Various Code Sections," is hereby amended by amending the fine for littering from $35 I to $70 as follows: I I Description of Fee, Charge, Bond,. Amount of Fee, Charge, City Code' Chapter, Fine or Penalty Bond, Fine or Penalty Article or Section Reference \------......-----.-....------,......-------......-------....-.--------..----,---..........----.-....--------...-.-.--.---..-...._------_..........----...... Littering $70.00 16-3H-11q 2.litle 16, entitled 'Public Works," Chapter 3, entitled "City Utilities," Article H,.entitled "Solid Waste," Section 11, entitled "Littering," ( Subsection e, entitled "Definltions,'.fs hereby amended by deleting the definition of "Lilter" and Substituting the following new defi- nition: I Litter: "Garbage," "refuse" and "rubbish," as defined in this article, together with all other solid waste material. I ! SECTION II RI=PEALER. All ordinar'lces 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 unconstitution- al, such adjudication shall not affect the va.lidity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutional. I SECTION IV. F.FFECTIVE DATE This Ordi-nance shall be effective upon publication. Passed and approved this 5th day of September, 2006. s1Aoss Wilburn, Mayor Attest slMarian K. Karr City Clerk 161141 September 13, 2006 I ~ 1 -~= -..... tr---'" ~~~~'"l. ~~~.f' ..... ... 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. 06-4234 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 27, 2006. Dated at Iowa City, Iowa, this 6th day of November, 2006. ~ -;:, . . \'-~~ _ \l. ) Julie. paril Deputy City Clerk ~ ...\..\' ;. ... '. ~ . . , ..~ .' ./ '- Printer's Fee $ fJo. 1.3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, 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): '\P.pT/A-v1~ ~ 7, ;){X)(p /);/)/I1A M. ~i5u'A~'L Legal Clerk Subscribed and sworn to before me this (~ day of er JthM A.D. 2lD7/J . ~4'--'"~~ tary Public ~ UNOAKROTZ '- vam_on Number 732619 . . My Commission Expires January 27, 2008 I-=-- , " , j', OFFICIAL PUBLICATION ORDINANCE NO. 06-4234 ORDINANCE AMENDING mLE 3, ENTITLED "CITY FINANCES, TAXA- TION AND FEES," CHAPTER 4, ENTI- TLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, RNE AND PENALTIES." SECTION 8, ENTITLED "PARKING VIOLATIONS," TO ESTAB. LISH FINES FOR LIBRARY PARKING ,I VIOLATIONS. I WHEREAS, Ordinance No. 06-4199, which increased parking fees, inadver- I tently repealed the provision for the fines I for library parking vioJations; and f WHEREAS, it is in the best interest of the I City to reinstate. said fines. NOW, THEREFORE, BE IT ORDAINED I BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: I _SECTION_I AMENDMENTS.- ,~= 1. Title 3, entitled "City Finances, Taxation and Fees,. Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations,' is hereby amended j to add the following new fees for violation I of the parking spaces designated as I "library parking": I I I $10.00 first offense II' $20.00 second and I I I Penalties for Ubrary Parking Violations Amount of Fee, Charge, Bond, Fine or Penalty $10.00 Library Patron Parking Library Outside Book Drop Off subsequent offense SECTION II REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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 DATF-. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of September, 2006. slRoss Wilburn, Mayor Marian K. Karr City Clerk 61286 September 27,2006 I ~ 1 -....= -~... t~~~'"l. ~;"":'r_.., .....~ 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. 06-4235 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 27,2006. Dated at Iowa City, Iowa, this 6th day of November, 2006. ~"-" ~\l~~: ~_, Julie . oparil 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, Diana Becicka, 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): ~<I.A _ ;)7, :J.()()l 0 Legal Clerk Subscribed and sworn to before me this I~ dayofU~ A.D. 20CU ~ ~~~ otary Public 'i: ~ UNOA ICftOfZ . . '''''''mls8lon Number ow My Ccmmls8lon &.p 7326t9 January 27, ~res OFFICIAL PUBLICATION ORDINANCE NO, 08-4235 ORDINANCE AMENOING TITLE 7, ENTITLED, "FIRE PREVENTATlON AND PROTECTION," CHAPTER 1, ENTITLED "FIRE CODE" BY AMEND- ING SECTION 4 TO INCREASE THE PENALTIES FOR OCVERCROWDIN7G1 ' I, WHEREAS, City Ode sectIon .-1 adopts the International Fire Code; and WHEREAS, City Gode section 7-1-4 sets violations of the chapter as municipal infractions punishable by penalties set '. forth in City Code section 1-4-20; and " WHEREAS, the City wishes to increase the penalties for overcrowding violations under litle 7 to $750 for a first offense and $1,000 for a second or subsequent offense; 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 CITY, IOWA: SF(;TJON I AMFNDMFNTS. 1. litle 7, entitled "Fire Prevention and Protection", Chapter 1, entitled "Fire Code,. Section 4,~i~~!!a1!i.~JQL, -Violation," is-hereby amended by deleting I it in its entirety and replacing it as101l0ws: I Violations of IFC 107.6, Overcrowding, as adopted in this title, shall be punish- able as municipal infractions punishable by a civil penalty of $750 for a first offense ! and $1,000 for a second or subsequent offense. AU other violations of this chap- ter shall be municipal infractions punish- able by a penalty as provided in section 1-4-.2D of this code. F;EGTION II REPEALER. All ordinances and parts ot ordinances in conflict with the provision of this Ordinance are hereby repealed. SFCT10N 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 wflole or any section, pr0- vision or part thereof not adjudged invalid or unconsti-tutional. SFCTION IV EFFECTIVE DATE. This Ordinance shall be effective February " 2007. Passed and approved this 19th day of September, 2006. s/Ross Wilburn, Mayor Marian K. Karr, City Clerk 61289 September 27,2006 I ~ 1 --= -~... :f~~~'"l. ~~".I' .........~ 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. 06-4236 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 11, 2006. Dated at Iowa City, Iowa, this 6th day of November, 2006. ~.51-.-. \".~~,,~~ Julie . oparil Deputy City Clerk ,- '- r I Printer's Fee $ LJe:) ~_ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. In # 42-0330670 I, Diana Becicka, 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 I time(s), on the paper fOllOW' date(s): ()fi J-L-., J J. :1CJ..Jl() Legal Clerk Subscribed and sworn to before me this--1l~ day of (} Jrh,/ A.D. 20 c& ';;/fi~~ ~~UbliC -, UNDA KROTZ r fiJ'" <:-'ommloslon Number 732619 . . My Commission expires January 27, 2008 OFFICIAL PUBLICATION i I r ORDINANCE NO, 06.4236 AN ORDINANCE REZONING APPROXIMATELY 9.53 ACRES OF LAND, LOCATED EAST OF GILBERT STREET AND WEST OF SANDUSKY DRIVE FROM INTERIM DEVELOp. MENT -RESIDENTiALlHISTORIC DI$- TRICT OVERLAY (ID.RSlOHD) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTlAUHISTORIC DISTRICT . OVERLAY (RS-SlOHD) ZONE WHEREAS. Don Cochran has appHed for a rezoning 01 approxi- mately 9.53 acres of property from Interim Development-Single-Family ReSidentiaVHistoric District Overlay (ID- RSJOHD) zone to Low Density Single- Family AesidentiaVHistoric District Overlay (RS-5/0HD) zone; and WHEREAS, said property is located east of South Gilbert Street and west of Sandusky Drive: and . WHEREAS, said property is a local landmark and is commonly know I as the McCollister Farmstead; and WHEREAS, the South District Plan recognizes the historic sig- nificance., of the propertY and. identifies I the area as appropriate for low density l single-family residential type develop- ment; and .. WHEREAS, the property contains environmentally sensitive areas and the appHcant has provided a plan delineating the sensitive features and ,protection measures; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard Public input; and NOVV, THEREFORE, BE ~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOVVA CITY, 10VVA: SECTION I. APPROVAL. The property described belOW is hereby reclassified from Interim Deve) opment-Single_~a mil y ReSidentiaVHistoric District Overlay (ID- RSIOHD) zone to Low Density Single- Family Residential/Historic District Overlay (RS-510HD) 20ne: BEGINNING at the Southeast comer of Auditor's Parcel 2004120, Iowa City, Iowa, in accordance with the. Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence S88037't8"W, along the Southerly line of said Auditor's Parcel 2004120, a distance of 647.55 feel, to the Southwest comer thereof; Thence Northwesterly, 3.40 feet, along the Westerly line of said Auditor's Parcel 2004120, and an arc of a 5864.50 foot radius curve, concave Southwesterly, whose 3.40 foot chord bears I N29019'27"W; Thence N30029'28''W, along said Westetfy line, 90.43 teet, to the Northwest corner thereof; Thence N69030'32"E, along the Northerly line of said Auditor's Parcel 2004120, a distanc$ of 40.62 feet, to its intersection with the Easterly Right-at-Way tine of Gilbert Street; Thence N30029'28"W, along said Easterly Right-of-Way line, 518.18 feet, fa a point on the Northerly line of Auditor's Parcel 2004121, Iowa City, Iowa; in accordance with the Plat thereof 'Recorded in BOOk 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence N870S8'37"E, along said Northerly line, 246.44 feet, to the Northwest comer of the Southeast Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, IOWa City, Johnson County, Iowa; Thence N88036'08"E, along said Northerly line, and the Northerly line of said Auditor's Parcel 20041_20J_a~djstallce_OL~]1 fAAt to I ==-J I I I theNortheast cotner ot said Auditor's l Parcel 2004120: Thence S02~43't4"E, ' along the Easterty line of said AUditor's Parcel 2004120, 549.60 teet; Thence I S53~41'52"E, along said Easterly line 4.91 feet, to said POINT OF BEGIN- NlNG. Said Tract 01 land contains 9.53 I acres, and is subject to easements and restrictions 01 record. SECTION II. ZONING MAP, The Building Inspector is hereby author- ized and directed to change the zoning map of the City of Iowa City, Iowa, to con- form to this amendment upon the final passage, approval and publicatJon of this ordinance by law. SECTION 11/, CERTlFICA. TION AND RECORDING, Upon passage L and approval of the Ordinance, the City Clerk is hereby authorized and directed -J to certify a copy of this ordinance and to record the same, at the office of the r County Recorder of Johnson County, Iowa, at the owner's expense, all as pro- I vid-ed by law. . SECTION IV, REPEALER, All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION V, SEVERABILI. TY. 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 VI. EFFECTIVE DAlE. This Ordi-nance shall be in effect after its final passage, approv-al and pub- lication, as provided by law. Passed and approved this 3rd day of October, 2006. . stAoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 67989 October 11, 2006 I ~ 1 -....= -~ N..~iillJ:'t ""-~~~.., ....... .. 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. 06-4237 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 11, 2006. Dated at Iowa City, Iowa, this 6th day of November, 2006. ~'l>: n \'-~~~, Sl_ Julie . oparil Deputy City Clerk , ,; '- ~ . oeo - '--<. ~3\ Printer's Fee $ "l d..LiS 1 I , CERTIFICATE OF PUBLICATION STATE OF IOWA, , JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42.0330670 I, Diana Becicka, 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): M~- Ul~))lp bJONltl, (7{. ~t5'J/A~~ Legal Clerk Subscribed and sworn to before me this i /-lh day of Q).../J:Jf>r A.D. 20 DiP . ~#A'~ '- Notary Public r ~ ~ UNDA KROTZ . . '''''''',dl.llu., Humber 732619 6ly~""1on expires , 27, 2OD8 "---.J , ~~-----~ OFFICIAL PUBLICATION I ORDINANCE NO, OG4237 AN ORDINANCE CONDITIONALLY REZONING 49.05 ACRES OF PROP- ERTY LOCATED SOUTH OF LOWER WEST BRANCH ROAD, NORTH OF COURT STREET AND WEST OF HUNTINGTON DRIVE FROM LOW DENSITY SINGLE-FAMILY RESIDEN- TIAL (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY/LOW DEN- SITY SINGLE-FAMILY RE$IDEN11AL (OPD'5) ZONE, (REZ06-00022) WHEREAS, Arlington Development, LtC has applied for a rezoning of approximately 49.05 acres of 1 property from Low Density Single-Family I Residential (RS-S) Zone to Planned I Development Overlay/Low Density ) Single-Family Residentia.1 (O~D.5) Z~n~ ) 1 along with a 138-lot reSidential $ubdrvl- J sian; and I I WHEREAS, the Northeast I . District Plan identifi~s th~ area a~ appr~- priate far law denSity smgle-famlly reSI- I dential type development; and ) , WHEREAS, the praperty I , cantains enviranmentally sensitive areas ,I I and the 'prapased develapment activity will result in the disturbance .of regulated critical slapes which requires Planned Develapment Overlay rezaning far the , .overall subdivisian; and WHEREAS, the critical slapes ta be disturbed are nat natural slapes but appear ta have beell created to allow terrace farming; and . WHEREAS, the Conditional , Zoning Agreement required at the time .of previaus rezaning appravals, addressing . the design of proposed subdivisian and ' .open space, and the funding .of the future impravements ta Lawer West Branch Raad will cantinue ta be in effect; WHEREAS, the Planning and Zaning Commissian has reviewed the 'I prapaSed rezaning and has heard public input and has recommended approval; i and' , I I' NOW, THEREFORE. BE IT I ORDAINED BY THE CITY COUNCIL OF , THE CITY OF IOWA CITY, IOWA: I SECTION I. APPROVAL The praperty described below is hereby I \' reclassified from Low Density Single- Family Residential (RS-5) ta Planned I Development Overlay/Law Density , Single-Family Residential Zane (OPO-S) I and the associated PreJirrnnary Sensitive , Areas Develapment Plan is approved: ; The fallawing legal descriptian has been , campiled fram deeds and plats .of recard. , l Beginning at the Sautheast Carner. .of ,Windsar.Ridge.:..eart,Fif1e~n,.also,belngd f th'e'Scluthwes1 Carner .of Auditar's Parcel ~ , 99087, in accardance with the Recarded : Plats thereaf; Thence NOO"29'10"W i along the East Line .of said Windsar Ridge - Part Fifteen, 691.97 feet t.o the Sauthwest Carner .of Stane Bridge Estates - Part One, in accardance with the Recarded Plat thereaf; Thence Narthwesterly 293.62 feet along the Sautherty Line .of said Stane Bridge Estates - Part One, alsa being the arc .of a 370.00 foot radius curve, concave I Narthwesterly, wh.ose chard bears ,N54"39'08"E, 285.97 feet; Thence ; S58"04'53"E alang said Sautherly Line, 125.00 feet ta a paint an the West Line .of : Stane Bridge Estates - Part Three, in i accardance with the Recarded Plat I \ thereof; Thence S43"07'03"W alang said West Line, 27.89 feet ta the Sauthwest , Carner of said Stane Bridge Estates _ 'I Part Three, Thence S54"52'57"E along the South Une .of said Stone Bridge I Estates - Part Three, 179.65 feet; thence Nartheasterly, 30.02 feet alang said j South Line, also being the arc of a I 670.00 foat radius curve, concave Narthwesterly, whose chard bears 'N33"50'02~E, 30.01 feet; Thence ! SS7"26'58"E alang said South' Line, : 125.00 feet; Thence N27"21'32"E alang ~~st Line .of said Stone Bridge <<j \~~ l' Estates -Part Three, 143:87 feet; Thence N16058'33"E alang said East Line; 143.87 feet; thence N08"31'10"E along ~ said East line, 143.31 feet; thence N86"05'38"E alang said East Line, 49.95 t feet; thence N16"16'16"W along said East Line, 185.88 feet; thence ! Sauthwesterly 41.29 feet alang. said East jUne, also being the arc of a 260.00 foot radius curve, Cancave Narthwesterly,. whose chord bears S78"16'43'W, 41.25 -.. feet; thence N07"~.Q:l~~:,~l.~n.g;.',said. j fE8st.t:tne,t12.65- feet'to' a'polm. on. the-. Sauth Line .of Stane Bridge Estates. Part Faur in aCCardance with the Recorded PlatS thereof; Thence N89"30'50"E alang I said South Une, 29.30 teet; Thence N40054'52''E alang the Eas,t Line of said Stane Bridge Estates - Part Four, 79.99 . feel; Thence N01"20'11"E alang said I East Une, 216.45 feet; Thence', I N70"52'S1 "W along said East Line, 135.91 feet; Thence Nartheasterly 111.65. \ feet alang said East Line, alsa being the I arc of a 326.30 faat radius curve, can- \ cave Narthwesterly, whose chard bears N09"18'59"E, 111.11 feet; Thence NOO~9'10"W alang said East Line, 90.00 feet; Thence S89030'SO"W alang the Narth Line .of said Stane Bridge Estates - Part Faur, 50.00 feet; Thence I' Sauthwesterly 31.42 feet alang said North Line, alsa being the arc of a 20.00 foot radius curve, concave Narthwesterly, whase chard bears S44"30'SO"W, 28.28 feet; Thence S89"30'50"W alang said Narth Line, 94.34 feet; Thence ... NOOo29'10"W alang said East Line, 116.07 feet; Thence N78"47'27"Walang said narth line, 66.87 feet; Thence S87"46'23"W, 3.25 feet ta a point an the east line of Auditars Parcel Na. 2001- 015, in accordance with the Recorded Plat thereof; Thence NOO"Ol'Q4"E .alang said East line, 309.80 feet to a paint an the Narth Line of the Southeast Quarter .of Sectian 7, Township 79 North, Range 5 West .of the Fifth Principal Meridian, Jahnsan Caunty, tawa; Thence S89"58'56"E alang said Narth Une, 713.20 feet; Thence S03"17'33"E, 362.35 feet; Thence 511 o42'27"E, 1 04.62 feet; Thence N60"23'10"E, 85.89 feet; Thence S47"25'02"E, 184.92 feet; Thence S18"09'37"E, 315.27 feet; Thence S07021'53"E, 190.04 feet; Thence SOO"09'52"E, 528.71 feet; Thence S38"28'20"W, 234.34 feet ta the Narthwest Carner .of Windsar Ridge - Part Twenty-One; Thence SOOoOO'OO"W along the West line .of said Windsar Ridge - Part Twenty-One, 53.37 feet; Thence S31"48'04''W along said West ' I Line, 572.39 feet; Thence S09"05'14"W alang said West Line, 141.13 feet ta the Sautheast Carner .of said Auditars Parcel Na~99087; Thence Nartnwesterly lJ~.59I' feet alang the southerly line of said Auditars Parcel Na. 99087, alsa being the arc .of a 1950.00 foot radius curve, /' cancave Narthwesterly, whose chard bears N78"51'45"W, 139.56 feet; Thence N76"48'42"W alang said South Line, .. 293.93 feet; Thence Narthwesterly \ 601.06 feet along said sauth line, also being the arc .of a 2926.05 foot radius curve, cancave Southwesterly, whase I chord bears N82"41'47"W, 600.01 feet ta the Paint .of Beginning. Said Tract of land contains 49.05 acres, mare .or less, and 1 is subject ta easements and restrictians I .of recard. , SECTION JJ. ZONJNG MAP. The BuDding Inspectar is hereby authorized and directed to change the zoning map of the . City of Iowa City, Iowa, ta canfarm to this r amendment upan the final passage, appraval and publicatian .of this ordi- nance by law. SECTION III. CERTIFICATION AND I RECORDING. Upon passage and L' appraval .of the Ordinance, the City Clerk is hereby authorized and directed lacer- . 1 tifya capy of this ordinance and a capy of 1 the Preliminary Sensitive Areas i 1 Develapment Plan, and ta recard the' same, at the office of the County L..B~.E2.~_e! S'f_Jl?h_n~n Caunty, Iowa, at the I " ~,,-, 0 (0 - 4a,3( ~J' d.~=( i- owner'sexpense, 'illJaspi-(ivided'bYlaw.~ SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTJON V. SEVERABILITY. If any sec- tion, provi-sion or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, 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 VI. EFFECTIVE DATE. This Greli-oanee shaH be in effect after its final passage, approv-al and publication, as provided by law. Passed and approved this 3rd day of October, 2006. s/Ross Wilburn, Mayor I Attest: slMarian K. Karr, City Clerk I. 679~O Ckrtober11,2OO6 I ~ 1 -....= -~... !~~~'"l. ~~".f~__ .... .. ~ 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. 06-4238 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 11, 2006, Dated at Iowa City, Iowa, this 6th day of November, 2006. ~~o\,~~\;} Julie . Voparil Deputy City Clerk " - '. , '. Printer's Fee $ i .:lO.'1') CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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): Or j;J UA, If; d(){)lD - Legal Clerk Subscribed and sworn to before me this I t-fr- day of (Y d-z'hv A.D. 20 ()( B -' ) ~. 10l, -<-\~~ , I ORDINANCE NO. 06.423B AN ORDINANCE CONDITIONALLY' REZONING 1,12 ACRES OF PROPER- TY LOCATED AT 314 AND :328 S, CLlN. , TON STREET FROM CENTRAL BUSI. NESS SUPPORT (CB-5) ZONE TO , CENTRAL BUSINESS (CB-l0) ZONE, WHEREAS. the applicant Hieronymus, Square Associates has requested that the property located at 314 and 328 S. Clinton Street be rezoned from Central Business Support (CB-S) Zone 10 Central Business {CS-W) Zone: and WHEREAS, the Planning and Zoning Commission has found merit in providing additional areas :Zoned for CB-1 0 devel- opment south of Burlington Street provid- ed concerns regarding a mix of comme~- cial and residential land uses, the provI- sion of adequate pai1dng, a mix of res;- dential units, building bulk, building set- back, vehicular circulation routes, land- scaping and building design are addressed; and WHEREAS Iowa Code Section 414.5 (2005) provides that the City of ~,?wa City ~ may impose reasonabre conditIons on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy pUblic needs caused by the rezoning request; and WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions, are reasonable,to ensure that development of this property within the CB-ID zone complies with the Comprehensive Plan's vision for t~e Near Southside Neighborhood, and IS compatible with the downtown, provides sufficient parking, and pays a portion of the parking impact fee that would have been required in the CB-5 zone, provides ( open space in the form of a landscaped ; court yard, provides a s~tback !rom ' Burlington Street and contams a miX of uses and housing types. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property: described below is hereby reclassified ( from CB-5 to CB-1 0: Lot 8, lot seven 7, and the North one hundred sixty (160) feet of the former pUblic alley, all in Block 102, Original Town, Iowa City, Iowa. The South sixty (60) feet of Lot 6 and t~e North (forty-four) (44) feet of Lot 5 10 Block 102, Original Town, Iowa City, Iowa. SECTION If. ZONING MAp" The Building' Inspector -is-hereby 8uthorizedJ J and directed to change the Zoning Map, of the City of Iowa City, Iowa to conform ~ . to thiS amendment upon fmal passage, approval, and publication of thiS Ordinance as prOVided by law SECTION III CONDITIONAL ZONING j AGREEMENT. FollOWing fmal passage , and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement attached hereto and incorporated by reference herein. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and ~ approval of the Ordinanc~. and after e~e- ,'; culion of the CondItIonal Zonrng. Agreement, the. City Clerk i.s hereby It authorized and directed to certify a. ?Opy!, of this Ordinance and the Conditional ' Zoning Agreement and to record the, '. same at the Office of the Couno/ I Recorder of Johnson Coun ,Iowa, at the rowner's expense, all as pfovidedby law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provi-sions of this. Ordinance are I hereby repealed. I SECTION VI. SEVERABILITY. rr any section, provi-sion" or part o.f t~e Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication L ) shall not affect the validity of .thel Ordinance as a Whole or any section, I provision or part thereof not adjudg!)d invalid or unconsti-tutional. SECTION VII. EFF"ECTIVE DATE. This I Ordinance shal! be in effect after fts rinal I passage, approv-al and publication, as \ . provided by law. Passed and approved this I 3rd day of October, 2006. stRoss Wilburn, Mayor Attest slMarian K. Karr, City \ I I Clerk. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal cor- poration (hereinafter "City"), Alfreda Investments 1.1.C. (hereinafter "Owner") and Hieronymus Square Associates; 1.1.C. (hereinafter ~Developer"); and WHEREAS, Owner is the legal title hold- er of approximately 1.12 acres of proper- ty located south of Burlington Street west of Clinton Street; and WHEREAS, the Owner and Developer have requested the rezoning of said property from Central Business Support (CB-5) zone to Central Business (CB-l0) zone; and WHEREAS, the Planning and Zoni~g Commission has determined that, Wlt~ appropriate conditions regarding the mix of uses, residential dweJJjng density and type, the provision of parking spaces and payment of parking facUity impact fees, building setback, bulk and design, and landscaping requirements, the requested CB-1O zoning is appropn"ale in this loca- . tion to allow the extension of downtown; .....1' aod I WHEREAS, Iowa COde ~ 14.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's rezoning requ~st, over and above existing regulations, In order to satisfy putmc needs caused by the . requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the develop- ment of the property. conforms with the Comprehensive Plans vision for the development of the Near Southsi~e Neighborhood; and WHEREAS, the Owner and Developer agree to develop this property in accor- dance 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. Owner is the legal title holder of the prQperty legally described as follows: Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former publiC alley, aJJ in Bleck 102, Original Town, Iowa City, Iowa. The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in . Block 102, Original Town, Iowa City, l Iowa. ____ _____ r-'2.-nie-Owner and Developer acknowl- I edge that the City wishes to ensure con- 1 formance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~14.5 I (2005) 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 10 satisfy public needs caused by J ""'the" requested change, including candj. ! tions regarding the mix of uses, residen- I l tial dwelling density and type, the pravi. J sian of parking spaces and payment of parl<ing facility impact fees, building set- I back, bulk and design, and lal)dscaping requirements. Therefore Owner and Developer agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Developer agree that development of the 1 subject property will conform to the ; requirements of the zoning chapter, as welt as the following conditions: II' a. The building or buildings to be con- I structed on this property will be a mixed- use commercial and residential develop- ment with a minimum of one floor of com- mercial development above the ground floor. 1" b. The property shall contain a maximum I' of 200 dwelling units with a mix of studio or 1 bedroom units, 2 and 3-bedroom units. I c. No more than 30% of the dwelling units shall contain 3 bedrooms. There shall be no dwelling units with more than 3 bed- rooms. d. A minimum of 80 parking spaces will be provided in a below grade parking facility to serve the residential occupants I of the property. j 1 e. A parking requirement will be calculat-, . ed for all dwelling units within the devel- I opment based on the parking require- bm_ents of.the CB-5.zonerpur5uanl.to-Title 14, Chapter 5, Article A, of the Iowa City I Code, entitled "Off Street Parking and Loading Standards. Prior to issuance of an occupancy permit for the building or , buildings to be constructed on the prop-I erty, payment of parking facility impact fees will be made to the City for dwelling units for which on-site parking is not pro- I vided. The amount 01 the fee for each \ required parking space not provided on- I site shall be computed in the manner set forth in sections 14-7B-7(C) and 14-7B- ! 7(F) of the City Code. Payment, deposit, ! use and refunds of fees shall be gov- I emed by sections 14-78-8, 14- 7B-9 and 14-78-10 of the City Code. f. The building shall be a minimum height of 7 stories. ; g. The building shall be set back a mini- I mum of 10-foot from the Burlington Street j right-of-way. This 10-foot setback applies to the upper floors of the building . as well as the-groUnd floor. 1 h. The owner shall dedicate to the City right.of.way for an alley. or a public access easement to provide vehicular circulation through Block 102 in lieu of the alley right.of-way which is being vacated to allow development of this property. The locaticr. of the alley or pub- .lic_.!lccess..easemenl_sha1LDe-.kien1ified -i prior to the issuance of a building permit and established and open to the public prior to an occupancy permit. . i. The property shall include a land. scaped court yard which includes a cen- tral feature such as a fountain, reflecting pool or a public art element, public seat. ing areas, landscaping beds or large planters. A minimum of 50 percent of the paving surface of the court yard shall I consist of decorative materials such as ( clay, concrete or stone pavers. The court yard shall be screened from service areas. A plan for landscaping of the court I yard area demonstrating compliance with these requirements will be prepared by the applicant and approved by the ' Design Review Committee prior to issuance of a building permit. ~c"-. G(" - ~'~3 2? j. The design of ttie-development mi"isfoe-' approved by the Design Review Committee. The owner and Developer must demonstrate to the satisfaction of I -the Design Review Committee how the proposed street-level fayade will meet I the following standards: . The plane of the building at the street- level must be broken into vertical mod- I ules that give the appearance of smaller, I individual storefronts reflective of the pat. '. tern and character found in downtown ' Iowa, City. Each module must be no I greater than 50 ieet and no less than 20 feet in width and must be distinguished from the abutting moduh~{s) by a signifi- cant and visible change in building mate- rials and a variation in the wall plane of at least 16 inches. Changes in material col- ors and textures and other architectural detailing should be used to enhance this effect. . To create a human.scaled environment thai is comfortable and attractive to pedestrians, awnings and/or canopies must be used to enhance the storefront modules. . Pedestrian entrances must be attractive I and inviting features along the street- I I level and must be architecturally empha- I sized in a manner that is reflective of the I pattern and character found in downtown Iowa City. -J 4. The Owner, Developer and City I acknowledge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code ~ 14.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Developer and City I acknowledge that in the event the subject I I property is transferred, sold, redevel. o~ed, or subdivi.ded, all redevelopment I WIll conform With the terms of this I I Conditional Zoning Agreement. 6. The parties acknowledge thai this I i Conditional Zoning Agreement shalt be deemed to be a covenant running with the land and with title to the land, and I shall remain in full force and effect as a I covenant with title 10 the land, unless or I until released of record by the City of Iowa City. I The parties further acknowledge that this agreement shall inure to the benefit of I and bind all successors, representatives, , and assigns of Ihe parties. , 7. Owner and Developer acknowledge I that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Developer 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 adop- lion and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office al the Applicant's expense. Dated this 3rd day of October, 2006. CITY OF IOWA CITY slAoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk ALFREDA INVESTMENTS L.L.C. s1John A. Hieronymus HEIAONYMUS SQUARE ASSOCIATES, L.L.C. i slJohn Hieronymus, Manager \slMike Hodge, Manger 67991 Ckrtober11,2006 -- ---- -.-- I ~ 1 --= -~ f~rN~'t ~~"'.I' .....aa CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-S000 (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. 06-4239 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 11, 2006. Dated at Iowa City, Iowa, this 6th day of November, 2006. ~~o \"'~~~ Julie . oparil Deputy City Clerk ....,. ... - '/ '. -. Printer's Fee $_1'1. III CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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 1 ,time(s), on the followin~ date(s): ()d~ UJA /I ;)rolf) , Legal Clerk Subscribed and sworn to before me this 11..J..k day of UJr"nD'/ A.D. 20 Ci..t ~ ~ry Public ,- - I~ UNDAKROTZ . .1' ~18sk)n Number 732519 , My Commission Expires January 27, 2OD8 \. r OFFICIAL PUBLICATION ORDINANCE NO. 064239 AN ORDINANCE VACATING THE EAST-WEST ALLEY IN BLOCK 102 I WHEREAS, the applicant, Hieronymus ' Square Associates, is proposing the I redevelopment of Block 102 located ' south of Burlington Street and west of Clinton Street; and . WHEREAS, the proposed redevelop- ment of this property, known as Hieronymus Square, requires the reloca- tion of the east-west alley within this block; and WHEREAS, the applicant has agreed to replace the east-west alley in an lzapPTo- priata location to connect to the eXisting north-south alley to provide for continu- ous alley circulation within this block; and WHEREAS, the Planning and Zoning j comm,iSSion have reviewed this request- \ ed alley vacation and have recommend- ed approval. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA' I SECTION I. APPROVAL. The east- r west alley located' in. Block 102 west of ! C1int~n 'Streens hereby vacated subject-~ to dedication of an alley right-of-way or a I public access easement in a location sat- isfactory to the City. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 111. 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 Ordi-nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of October, 2006. slRoss Wilbum, Mayor Attest: slMarian K. Karr, City Clerk 67992 October 11, 2006 I ~ 1 --= -~ ~~~~'t ~~".I' ....... ... 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. 06-4240 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of November, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 22, 2006, Dated at Iowa City, Iowa, this 4th day of December, 2006, 'a ~,-.",,~~ Julie K. oparil Deputy City Clerk ~ . .. ..-.:..... ...~~ ;. -'- ... ~". .. -- - ;, ~ ........ ~:.. > . . -'.: . . ,- I Printer's Fee $ L..\ 'b .30 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, 0 ,... \..-~"'~ -IY\. CLh. -e \r 0;_.... B~,+ ka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and thut a notice, a printed copy of which is hereto attached, was published in said paper I ,time(s), on the following date(s): ^ ) rh)~be.V' ;:t.:l.. 'd-OclC, , (~A~~ m{~ Legal Clerk Subscribed and sworn to before me this ~ day of ~NelWht" A.D. 20 (j..P . ~~/ ,....~ --. .-._-~ -- .... -. --. ; Notary J>ubli~ :I , UNDA KRoTZ @ eu..u._' _732S19 , . :, - ~().,.nh.h. 1m expires , .. ' JanuarY 27, 2llD9 . -, .- II I I OFFICIAL PUBLICATION -1 ORDINANCE NO. 06-4240 \ AN ORDINANCE REZONING 7,61 ACRES OF PROPERTY LOCATED ' BOTH NORTH AND SOUTH OF l STEVENS DRIVE BETWEEN GILBERT STREET, AND WATERFRONT DRIVE FROM INTENSIVE COMMERCIAL (CI: 1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00024) WHEREAS, the applicant, Williamson LLC, has requested a rezoning 7.61 acres of property focated ,at Along Stevens Drive from Intensive Commercial (CI-1) to Community Commercial (CC-2) .1 to allow a retail use; and WHEREAS, the applicant is supported in his request by a majority of neighboring property owners along Stevens Drive for a larger rezoning; and WHE;REAS, the Planning and Zoning IcommiSSion has found that the C?mprehensive Pla.n identifies the South . Gilbert Street Corndor for rezoning for 10ffice/retail uses; and WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies the South Gilbert I Street Corridor as General Commercial in its "Future Land Use Scenario"; and WHEREAS, the Planning and Zoning I Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council I concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL:. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: 204 Stevens Drive: Lots 13 and 14 in Sand ~ke Addition to Iowa City, Iowa, accordIng to the plat thereof recorded in Plat Book 10, page 23, Plat Records of Johnson County, Iowa, subject to ease- ments and restrictions of record, And, 215 and 265 Stevens Drive: Commencing at the southeast corner of Section 15, Township 79 North, Range 6 '1 West of the 5th P,M., thence south 89032' I west 2599,28 feet to the point of begin- ning; thence north 89022'49~ west 500 l feet, thence north 0037'11" east 312 feet, thence south 89022'49" east 442,41 feet to a pOint on the westerly right of way line of the present Sand Road (formerly known as the Burlington Road), thence : southeasterly 69,62 feet along a 309.97 I foot radius curve concave northeasterly along the westerly right of way line of said I Sand Road, thence south 32058'OS~ east 34.31. feet along the said westerly right of way hne of Sand Road to a point on the westerly right of way line of the Chicago, I Rock Island & Pacific Railroad, thence south 1045'35" east 126,64 feet along the said right of way line of said Railroad, thence southerly 95.10 feet along a 1961,9 foot radius curve concave wester- ly ~Jong. the westerly right of way line of said Railroad to the point of beginning, Except any part thereof platted as Sand II Lake Addition pursuant to the platting procee_dings!ecord~d in-Book,359, Page r 1190, Records of the Recorder of Johnson I ,County, Iowa. Subject to sanitary sewer jeasements in favor of the City of Iowa I City, Iowa, and other easements and [ . restrictions of record. Also, the east 80 Ifeet of Lot one (1) in Sand Lake Addition to Iowa City, Iowa, according to the plat :thereof recorded in Plat Book 10, page 23, Plat ~ecords of Johnson County, Jowa. Subject to easements and restric- _1!Q.ns of record. / (And, --- - - .- -_. 220 Stevens Drive: Lot Fifteen (15) in Sand Lake Addition to Iowa City, Iowa, 'according to the plat thereof recorded in Plat Book.l0, Page 23, Flat Records of Johnson County, Iowa, subject to ease- ments and restrictions of record. 238 Stevens Drive: Lot 3, re-subdivision j of a portion of Government Lot 4, Section 15, Township 79 North, Range 6 West of the 5th P,M. according to the plat records 'j of said re-subdivision recorded in Book I' 30, page 116, Plat Records of Johnson County, Iowa. , ~ SECTION II. ZONING MAP, The building . official is hereby authorized and directed Ito 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 Ill, CERTIFICATION AND I RECORDING. 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 ordi- . nance, as provided by law. SECTION IV. REPEALER. All ordi- I nances and parts of ordinances in conflict I with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be invalid or uncon- '1 stitutional, such adjudication shall not i affect the validity of the Ordinance as a . whole or any section, provision or part j thereof not adjudged invalid or unconsti- ,tutionaJ. I SECTION VI. 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 14th day of , November, 2006. I s1Ross Wilburn, Mayor I Attest: slMarian K. Karr, City Clerk \68415 November 22, 2006 I ~ 1 -.....= -10 t~~~'t ~~~.f' ..... ... CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-S000 (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. 06-4241 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of November, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 22, 2006. Dated at Iowa City, Iowa, this 4th day of December, 2006. ~~:~~~ Julie . Voparil Deputy City Clerk . . "\...:~ ;. :. "~- .~ -' ~'.. " Printer's Fee $ L/'1.~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED" ID #42-0330670 I, (f) "..\...~'" .. JY\ a h E'V' RijtlHI II",. iL'lca, 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 paperJ time(s), on the following date(s): JJ elu e.vr..bRor d--d. , ~c) b (C0nOQ .., 1}1~~ Legal Clerk Subscribed and sworn to before me this ~ day of /Le;Vt?~/ A.D.20 0(0 . ~~ ' , ;rnt~rv ", blic :.~ UI\!DA KROTZ , ~ eu. j,l,l"" Number 732919 un res '. . ;.D,~. My Q;.lu,dsSitJn Expl , January 27, 200S I [ ". . , ...- I I I _ .._ ...... ,1;...,. ~ I, OFFICIAL PUBLICATION ORDINANCE NO. 0&4241 ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENmLEO , "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIeS," SECTION 8. ENTITLED "PARKING VIOLATIONS"; AMENDING ,TITLE 9, ENTITLED "MOTOR VEHI. ;CLES AND TRAFFIC," CHAPTER 1, 'ENTITLED "DEFINITIONS, ADMINIS. 'TRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," SECTION 1, ENTITLED "DEFINITIONS"; AMEND. ING TITLE 9, CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 3, ENTITLED "PARKING NOT TO OBSTRUCT TRAFFIC"; AND AMENo.. ING TITLE 9. CHAPTER 4, SECTION 10, ENTITLED "PARKING FOR LOAD- ING AND UNLOADING" TO DEFINE AND ESTABUSH PASSENGER LOAD- ING ZONES AND PENALTIES FOR VIOLATION OF SAID lONES. WHEREAS, City Code Section 9.1.1 currently does not define .Passenger Loading Zones"; and WHEREAS, City COde Section 9-4-3 currently forbids noncommercial vehicles from standing, stopping or parking in any traveled lane of a roadway; and WHEREAS, current regulations only ,allow for enforcement of a violation every '30 minutes; and I WHEREAS, City Code Section 3-4-9 sets the penalties for parking violations; and WHEREAS, the establishment of sepa- rate Passenger Loading Zones would allow drivers to drop off passengers at designated zones, both off-street and in sefeC1ed sections of the traveled lanes of traffic; and WHEREAS, the establishment of Passenger loading Zones also would serve to satisfy the requests of downtown restaurant owners for valet parking; and WHEREAS, it is in the best interest of the City to define Passenger Loading Zones and to regulate their use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ,COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Tnle 3. entitled "Finances. Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking i Violations" is hereby amended by adding the fOllowing language under the heading of "Parking Violations~: . i Parking in Passenger loading Zone 1$10.00, ' i ' 12. Tille 9, entitled "Motor Vehicles and Traffic,~ Chapter 1, entitled ; "Definitions. Administration and : Enfo.rcement of Traffic Provisions," ; Section 1, entitled "Definitions" is hereby ) amended by adding ltle following Ian. guage: I PASSENGER LOADING ZONE: Either 'I of the fOllo~ing: (1) A space reserved for the excluswe use of vehicles during the loa~ing and unloading of passengers and deSignated as .such by an official traffic I sign, or (2) A section of a traveled lane of i a rOadway immediately adjacent to an ...official traffic sign designating ,it as such. . I Valet Parking Zones shall be treated as Passenger Loading Zones. 3. Title 9, Chapter 4, entitled . .Park!ng Regulations," Section 3, entitled .Parklng Not to Obstruct Traffic~ is hereby I amended deleting Paragraph e, entitled .C~mmercial Districts,~ Subparagraph 1, entitled "Noncommercial Vehicles" in its : entirety, and by substituting the following language; 1. Noncommercial Vehicles: In commer- , cial districts, standing, stopping or park~ jng in any traveled lane of a roadway by 1 noncommercial vehicles is prohibited, except as allowed under 9-4-10IB\. -4:----1itle9~Chapter4, Section 10:---1 l entitled "Parking for loading and I J ~nlo~din.g,~ Paragraph B, entitled I Parking In Passenger Loading Zones~ by I : adding t.he f?"owing language: , Any vehicle In a Passenger Loading Zone I shall be attended by either a driver or valet at all times. . l .5. Titfe 9, Chapter 4, Section 10, IS hereby amended by deleting . Paragraph F, entitled "Enforcemenf in its entjrety, and by substituting the tollowing , language: . Enforcement: It shall be unlawful and a violation of the provisions of this section Ifor any owner or driver to permit a vehicle to remain in violation of this section Every thirty (30) minutes that a vehicl~ 'remains in violation after the vehicle is ini- tialty cited shall constitute a separate and distinct offense. In the case of Passenger Loading Zones every ten (10) minutes .that a vehicle remains in violation after ,the vehicle is initially cited shall constitute i ,a separate and distinct offense. The fees ,for each such parking offense shall be provided in the schedule of tees set out in : title 3, chapter 4 of this code. SECTION II. REPEALER AJJ orelj- . -.' nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. _ ,I SE.CTION W: ?EVERABIUTY. If any 'section, prOVl-Slon or part of the . Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha!1 not affect the validity of the [ ~r~lnance as a whOle or any section, pro- VISion or part thereof not adjudged invalid or unconsfi-tutional. SECTION IV. EFFECTIVE DATE. This O~jnance shall be effective upon publi-, catIon. I Passed and approved this 14th day of I November, 2006. , . slRoss Wilburn, Mayor 1 Attest: slMarian K. Karr, City Clerk 168416 r - , NEvember 2g,_?99~ -... f--' I ~ 1 -..... =- -~... ~~~~'"l. ~"IIir"'.fmt- -... .. ~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-S000 (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, 06-4242 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of November, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 22, 2006. Dated at Iowa City, Iowa, this 4th day of December, 2006. ~". ,-\<.>~~~ Julie. paril Deputy City Clerk ..~' , '. Printer's Fee $ ::LS/70> CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, 0 ,,\. -e.",... \Y\ r. '^ ..,,, 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): 1\ I tlV "-""- \-i"-'" ).:l.. ~ 0 6 (" D:;h,-_~ .. · ~lj'l/ Legal Clerk Subscribed and sworn to before me 11 P'\l-""nVbt/ , :JA+I, day of A.D. 20~_. this G / h.._~_,,_,. __, #.~~.., , Notary Publi~ , .. UNDA KROTZ f~ ~ Number732S19 C . .. My CcmmlsSIOn expires .. , .January 27. 2008 ._/.. .__~_ -:.~--'-- ,...~~ ,________. _.->i:.;.--.._.... + 1----- i OFRCIAL PUBLICATION I ORDINANCE NO. 06-4242 1 AN ORDINANCE AMENDING SECTION 1-9-38 OF THE CODE OF ORDI- NANCES OF IOWA CITY TO CORRECT MINOR ERRORS IN THE LEGAL DESCRIPTIONS OF THE BOUND- ARIES OF CERTAIN VOTING I IPRECINCTS IN IOWA CITY. , WHEREAS, a discrepancy in the legal j :descriplions of precincts 16 and 25 have I :been identified; and i WHEREAS, the map is correct and ,mInor changes are needed to the legal >descriptions; and 1 ~WHEREAS, it is appropriate and in the I ; public interest to revise the boundaries of \ [Precincts 16 and 25 to reflect those I ;changes. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY \ OF IOWA CITY, IOWA: \ SECTION I. AMENDMENT. Sections 1- 9-38(16) and 1-9-38(25) of the Code of Ordinances of Jowa City are hereby amended by deleting said sections and adopting in lieu thereof the following: 16. Precinct 16: Beginning at the inter. lsection of Muscatine Avenue and Dover ~Street; north on Dover Street to Perry ~Court; west on Perry Court to Meadow Street; north on Meadow Street to :Friendship Street; east on Friendship lStreet to Kenwood; north on Kenwood to 'Court Street; east on Court Street to the least line of SW _ 7-79-5, north to Iowa City corporate limits; following the Iowa iCity corporate limits east, north, east, lsouth and west to Muscatine Avenue; I'west on Muscaline Avenue to the point of beginning. 25. Precinct 25: Beginning at the inter- I section of Court Street and Westminster I Street; north on Westminster Street to Washington Street; west 0\"\ Washington I Street to Mt. Vernon Drive; north on Mt. Vernon Drive to Rochester Avenue; east ,on Rochester Avenue to the Iowa City lcorporate limits; east and south along the Iowa City Corporate Limits to the east boundary of the SW _ of Section 7, ,Township 79 north, 'Range 5 west of the 15th Principal Meridian, south along said Isection line to Court Street; west on Court Street to the point of beginning. I SECTION III. REPEALER. AU ordi- I nances and parts 01 ordinances in conflict ! with the provi-sions of this Ordinance are ! hereby repealed. I SECTION IV. 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, pro- vision or part thereof not adjudged invalid or unconsti-tutional. SECTION V. EFFECTIVE DATE. This I Ordi-nance shan.be in effect after its final passage, approv-al and publication, as provided by law. . Passed and approved this 14th day of November, 2006. S/Aoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 68417 . November 22, 2006 I ~ 1 -....= -~ (~~~1It ~":'r....., ......~ 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. 06-4243 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of November, 2006, all as th(;l ,same appears of record in my office and published in the Iowa City Press-Citizen on November 22, 2006. Dated at Iowa City, Iowa, this 4th day of December, 2006. G ~". ~~~~.\) Julie . oparil '-' Deputy City Clerk \ ~ - OCo-- L(.),'-+3 Printer's Fee $ I'R') ny , CERTIFICATE OF PUBLICATION' STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, (?) ..I...... ",.p M II ke.r I>illH8 Beeielm, 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): Jd('\'H..",Jo..,,< if;). tJ-004> - (~l.o0'., ~IL./ Legal Clerk Subscribed and sworn to before me this:JAJ+-. day of a,.., ""...ber A.D. 20 (to _;>-r'-""~'-.- ~-,-",,,,,,,,., ~ ~ ~~ >> tary "!lblic UNDAKROTZ . ~ ill. ..MumI>8'732619 ~, ~ '" Cu-nll .h. I " expll'ttS . . air cp.-!. II 2008 ...-v 27, .. (, ~ ~ I. I' ,.......~~-,.......-...<-I,.;-........... .... ..'-' r- I OFFICIAL PUBLICATION . ORDINANCE NO. 06-4243 ORDINANCE AMENDING TITLE 5. ENTITLED ~BUSINESS AND UCENSE REGULATIONS," CHAPTER 2, ENTI- TLED "VEHICLES FOR HIRE" BY REPEALING SAID, CHAPTER IN ITS IENTlRETY AND REPLACING IT WITH . A NEW CHAPTER 2, ENTITLED "TAXI- CABS,'. WHEREAS, City Code section 5.2 'establishes regulations for Vehicles for Hire; and WHEREAS, City Council wishes to update and enhance appearance and operation of such vehicles; and WHEREAS, it is in the best interest of the City to adopt new regulations for "1axicabs~. NOW. THEREFORE, BE IT ORDAINEO BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5. entitled "Business and License Regulations," Chapter 2, entitled J "Vehicles for Hire," is hereby amended "by deleting it in its entirety and adding a new Chapter 2, entitled ""axicabs~ as fol- lows: &-2-1: DEF1NmONS: As used in this chapter, the following def- initions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Easfern Iowa Airport or the Quad Cities Airport. APPLICANT: An individual or company wishing to operate as a taxicab within the ; corporate city limits. I CHARTER TRANSPORTATION: A vehi- cle furnished with a driver that carries , passengers for hire either on a fixed route i in the city or pursuant to a written contract 1 with reservations at least twenty four (24) hours in advance of the service. The , vehicle shall operate without .a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A license issued by the city clerk fore@.ch vehic:le~operatea...by_~taxicab_ 'I business. DRIVER: A person who is authorized by the city to drive a taxicab and has a valid driving badge. DRIVING BADGE: A card or badge issued by the city clerk to each driver authorized to operate a taxicab. HORSEORAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city. and operates without a taxi meter. PEDICAB: A vehicle propelled exclusive- ly by human power through a bell, chain or gears, having two (2) or more wheels, furnished with a driver and carl)'ing pas- sengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation,. right and left rearview mirrors and right and left turn signals, and operates without a taxi meter. . RATE 'CARD: A card containing the max- imum fare rates then in force, and com- plaint procedure. STREET: Any street, alley, court, lane, bridge or public place within the city. I TAXICAB: All vehicles furnished with a '-0 driver that carl)' passengers for hire with- ;. ; in the city,~including, but not limite.d-to;- , I taxicabs, pedicabs, horsedrawn vehIcles, and airport shuttles. "Charter transporta- , tion" as defined in this section and a vehi- cle owned or operated by any govern- mental entity that provides public trans- Dortation are not taxicabs. \&~, \ ~ -3 - TAXICAB' SERVICES: AllactMties oon- - ducted as part of or in furtherance of a taxicab business. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the City of Iowa City. TAXIMETER: An instrument or device attached to measure mechanically, elec- trically, or electronically the distance driv- en and th.e waiting time upon which the fare is based and converts them to mon- etary charges. 5-2-2, TAXICAB BUSINESS LICENSE; , VEHICLE DECALS. A. APPLICATION: Each appli- cant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: t The name and address of each person with an ownership interest in the compa- ny wishing to operate a taxicab business. J 2. The experience of the applicant in the I transportation of passengers. 3. The record of convictions of misde- meanors and/or felonies, including mov- ing and nonmoving traffic violations, and certified state of towa criminal histol)' and certified state of Iowa driver's record for each person identified in subsection A 1 of this section. 4. The signature of all persons with an ownership interest in the applicant. 5. Such pertinent information as the City ; may require. B. MINIMUM QUALIFiCATIONS: . Each - taxicab business shall meet the following i minimum requirements: ~, 1. Provide a minimum of 2 qualified. 1 licensed taxicab drivers. ( 2. Provide a minimum of 2 qualified licensed taxicab vehicles of which a min./ imum 01 one vehicle shall be in operation I at all times. All taxicabs must comply with I the vehicle requirements of this Chapter. I . 3. Provide a certificate of liability insur- - ance in accordance with this Chapter. 14. Meet alf applicable zoning ordinance regulations and other city regulations. C. ISSUANCE OR DENIAL OF BUSI- ) NESS LICENSE. If the City Clerk finds I that the. applicant has fully complied with. the requirements of this Chapter and the Police Chief or Chief's Designee has I determined that there is no information I which would indicate that the issuance 01 the license would be detrimental to the 1 safety, health or welfare of residents of the city, the City Clerk shall issue a llicense.to conduct a taxicab business. ;0. DECALS 11. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 12. Attachment Of Decal: No taxicab shall I'be operated on any street within the city l ,unless"a decal has been issued by the .. city clerk. The decal shall be attached to the lower comer of the 1ront windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the 'decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Cler\!; finds that the applicant ; has fully complied with the requirements of this Chapter and the City Equipment I Superintendent or Oesjgnee determines that there is no information which would indicate that issuance of the decal would 'be detrimental to the safety, health or I welfare of residents of the city, the City Clerk shall Issue a decal10r the taxicab. : b. The decal shaH be nontransferable as ,between vehicles and taxicab business- :es. ~. C)Co-~~L.\.,3 <? -J' ~"\-3 ~~Thif refusal to issue adecal- may b8""i . ,based on an adverse driving record, con- I II viction of other crimes or when the appli. I cant's prior experience demonstrates a I' ,I disregard for the safety of others andJor a I lack of responsibility. I I d. No decal shall be issued, until at least I 24 hours have passed since the filing with ,the City Clerk of a complete application r I for a decal. I 5-2-3, LIABILITY INSURANCE I I REQUIREMENTS, \ " A. Requirements: \ 1. As a condition to receiving a taxicab business license or a vehicle decal, the applfcant shaH file with the city clerk evi- I dance of liability insurance coverage via a certificate of insurance which shall be f- I executed by a company authorized to do insurance business in this state and bEl acceptable - 10 the city. Each certificate shaUlist all vehicles licensed to the com- I pany. It is the responsibility of the com- pany to file with the city clerk one certifi- cate per company listing all vehicles. 2. Each certificate shall provide for ten (10) calendar days' prior written notice to the City Clerk of any nonrenewal, sus- pension, cancellation, or termination of the policy of insurance. 3. The minimum limits of such policy shall be determined by city council resolution. 4. The cancellation or other tennination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insur- ance policy, unless another policy, com- plying with this chapter, shall be provided and in effect at the time of such cancella- tion or termination. The City Clerk shall immediately issue written notification of I the revocation of all licenses for the taxi- r cab business and the vahicles covered I by such insurance which is canceled or ! tenninated. All decals must be returned to I the City Clerk. Subsequent issuance of I business licenses and decals will be in I accordance with the teons of this Chapter and at the applicant's expense. ! 5-2-4: VEHICLE INSPECTION I I REQUIRED, ( A. Each applicant for issuance I , or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment _~ Superintendent or designee. Each vehi- cle governed by this article shall be sub- ject to a semi-annual inspection. All I inspections shall consist at the following: . . (1) All taxicabs shall be inspected for compliance with the {( requirements of this Chapter and the fol- lowing: a. Exterior. Headlights, taillights, brake lights, direc- tional signal lights, license plat lights, windshield, vent glasses, windshield wipers, all other vehicle glass, glass win- dow raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders, and anached lighted ....dome._Ught,_body_and _tires_shall_ be 1 inspected to ascertain that each is func- i tioning properly. Each taxicab shall be maintained in a reasonably clean condi- tion. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging. 1 from the vehicle body. There shall be no I unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. ' Interior. The rear I' view mirror, steering wheel, foot brakes, _ ! parking brakes, seat belts, passenger I interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning proper- ( Iy. The upholstery, floor mats, head lining, I i door panels and the trunk compartment i I shall be inspected to detennine whether ' ~ they are clean, free of tears, and that the ( : trunk has sufficient space for passengers' I <J!!gg~gL-__~._ -- -e:--- The'" ~Cfty - Equipment I Superintendent or designee or Police Chief or designee ma~ require re-in.sp~-I tion of a vehicle,on belief that a vehicle IS not mechanically fit. In the event any vehicle is determined by the City \ Equipment Superintendent or de~ignee. J or Police Ctiie~designee not to be, mechanicaffy fit, the decal shall be confis- cated and returned to the city clerk. After , reinspection and determination that th~ vehicle meets the standards of mecham- , cal fitness a new decal will be issued and r' ~harged as established by council resolu-I tlon. . . 5-2-5, STATE CHAUFFEUR'S LICENSE REQUIRED, No person shall operate a motorized taxi- cab on the streets of the city, no person who owns or controls a m010rized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shan be so driven for hire unless the driv- er of such motorized vehicle shall have first obtained and shalt have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amend- ed, 5.2-6: DRIVING BADGE REQUIRE- ; MENTS, A. Badge Required: No person I shall operate a taxicab on the streets of the city, no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven al any time for hire unless the driver of such vehicle shall have first obtained and shall have then in force a driving badge issued by the city clerk. B. Application For Badge: Each person desiring to drive a taxicab shall file an application for a driving badge with the city clerk. Such application shall be I verified under oath and shall furnish the following information: ' 1. The name and address of the person, and name of taxicab business.' I 2. The experience of the person in the . transportation of passengers. (' 3. The person's record of convictions of misdemeanors and/or felonies, including , moving and nonmoving traffic violations, J and certified state of Iowa criminal histo- ry and certified st~l.le of Iowa driver's record. 4. Motorized taxicab drivers shall pos- sess a currently valid Iowa chauffeur's I license. 5. Such further pertinent information as the city may require. C. Issuance Or Denial Of Driving Badge: 1. If the City Cieri< finds that the applicant . has tully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indi- , cate that the issuance of such badge I would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a driving badge. , 2. The refusal to issue a driving badge I may be based on an adverse driving , record and/or conviction of other crimes : 1 ~~ in the case of a horsedrawn vehicle ~~rator, failur.e to demonstrate ability to ' IcontrOl the8ni~1 and vehicle in traffic. II' D. Nontransferability: The badge shall I' be nontransferable as between persons and taxicab businesses. E. Badge To Be Displayed: Each person, while o"perating a taxicab in the \ I city, shall prominently wear on the driver's, person the driving badge showing the full . name of the driver, the driver's photo-I graph, and the taxicab company. The I badge shall be provided by the city clerk. i J 5-2-7: RATES; HOURS; COMPLAINTS: A. . Display Of Rate, Hour and: Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a fare rate, hours of operation I ~_~d_ complai~ .proc~,~ure C<!.rC! yis~ \ lall passengerseat8,aildeacnartVei"shal1 provide a copy of said card to a passen- ger, when requested. A copy of the fare I rate, hours of operation and complaint , procedure card shall be filed with the City Clerk. Rates and hours of operation must be provided in accordance with the card on file with the City Clerk: I j 2. The fare rate, hours of operatioll and I complaint procedure card shall contain , r the following language: "Complaints i regarding this taxicab's compliance with i applicable regulations may be directed to I I the Iowa City Police Department on the form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356-5275". 5-2-8, VEHICLE REQUIREMENTS, A. Lettering Required: Each taXicab shall have the name of the owner or the operating company thereat on ) each side of the vehiCle in leners at least two inches (2") in height. Pedicabs and horsedrawn vehicles may use lettering smaller than two inches (2"). Removable signs shall not be allowed. B. Lighted Dome: Every motor- ized taxicab shall have a lighted dome light attached to the exterior roof of the vehicle with lenering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. In the event file City Equipment Superintendent or designee determines that anachment of a dome to the exterior roof is not possible the City Equipment Superintendent or I designee may approve an alternative placement. C. No Smoking. Passengers and driv- ers are not allowed to smoke in taxicab I vehicles. Decals or signs must be con- spicuously displayed on the inside of vehicles tha1 read NNO SMOKING' ALLOWED IN THIS VEHICLE.~ I 5-2.9: VEHICLE STAND, ' A. Application For Use Of Stand: : A taxicab business licensed pursuant to this Chapter may apply for the exclusive use of a designated parking space for its' taxicabs. The location of a parking stand , shall be determined and approved by the 1 city manager, or designee, as provided in title 9 of this code. S. Fee: The city council shall' determine by resolution the fee for a parking stand. C. Authorization: The city clerk shall authorize a parking stand after the location has been determined by the city manager, or designee, and after the 4 applicant has paid the required fee to the I City clerk. . I 5-2-10: TERMS OF DECALS ANO I BADGES; RENEWALS: ! A. Taxicab business licenses _I shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. B. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license .if under one year. I C. Decals shall be valid for 6 months. They shalt commence on March ' 1 and September 1, or the date ot issuance. They shall expire on the last day of February and the last day of August. D. Renewals shall follow the same procedure as set for initial issuance. E: 'Fees for licenses, decals and badges shall':be"set -by resolution'of the-CiIy-; Council. 5-2-11: HORSEDRAWN VEHICLES: A. Routes: A horsedrawn verucJe applicant must adhere to the routes spec- ified in the application for a license: A new or temporary route must be filed with the city clerk before an applicant may use such route. B. Removal Of Animal Waste: 1. All horses pulling horsedrawn vehicles . shall be equipped with adequate devices to prevent manure and other excrement from falling on the streets of the city. ~~\. \:)~-4~CU \?~. 5 \~ - 2. Any-excrementwhlchfallson the CitY~ streets shall be removed immediately at ; the applicant's expense. I \ 3. All animal waste for disposal shall be I Ii transported to sites or facUities legally J empowered to accept it for treatment or J t disposal. i I' C. Animal Treatment -And. ___Health: i 1. Treatment Of Animals: ! a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal performance and well being for each animal under the appli- cant's ownership, care or control. This 10...... responsibility. shall. include ~ carriage _load I limits, hours of operation and daily hours of animal usage. \ lb. The feeding of an animal drawing a i horsedrawn vehicle from a feedbag or ' bucket along any street or affey is permit- I ted 50 long as the animal is not permitted " to graze. c. No animal shall be left unattended while in service. ., 2. Health Certificate: I a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall l provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal to be free from infectious disease, in good health and fit far hack and carriage service under this chapter. b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certifi- cate of soundness shall be issued by a veterinarian and Wed with the city cletk in order for each animal to remain in servo ice. D. Equipment Requirements: 1. Every horsedrawn vehicle shan con- I form to such requirements as may be I imposed by state law with respect to equipment. 2. Each vehicle shall be equipped with rubber tires. 5-2-12: AIRPORT SHUTTLES: Airport I Shuttles are exempt from the lighted I dome requirement found at Sections 5-2- I 8(8) of this Chapter. I 5-2-13, REVOCATION OF LICENSES I. AND PERMITS: license and pannits iSsued under this chapter may be revoked as provided in section 5.1.5 of ,this title. ! &-2-14: VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. SECTION 11 REPEALFR All ordi- nances and parts of ordinances In conflict I with the provision of this Ordinance are hereby repealed. I I SECTION III SEVFRA8111TY If any .. Settlon, 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, pro-- vision or part thereof not adjudged invalid I or unconsti-tutiona1. SECTION IV EFFECTIVE DATE This ' Ordinance shall be in effect March 1, ' 2007, I Passed and approved this 14th day of ' November, 2006. slRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 6S418 November 22, 2006 I ~ 1 -....= -~... !~~~'"l. "~".'m~ ..... ~ ~ 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. 06-4244 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 28th day of November, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 6, 2006, Dated at Iowa City, Iowa, this 9th day of January, 2007, . "<:::::l ~~~ ~ "'~~''''\:,) Julie . V aril " Deputy City Clerk ..."" ;. ,~ .. ~ '- Printer's }'ee $_1 <ir, 5;} CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Oll'\'-~,^" M cJ'-er , Leing 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): :f)ee €.-tA~-€ >' (0' :+or) (0 , ~ POA<L--IV) aJ.~ Legal Clerk Subscribed and sworn to before me this Jr day ofDor~ , A.D. 20 010 . ~~ta'Ylllik - ~ UNDA((ROTZ " 1:. Commission Number 732$19 ~ ., . My Comm!ssion Expires O'a January 27, 2008 OFI'ICIAL PUBLICATION ORDINANCE NO. 06-4244 ORDINANCE AMENDING TITLE 10, ENTITLED "PUBLIC WAYS AND PROP- ERTY: CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS: SECTION 5, ENTITLED "USE BY MOBilE VEN-I DORS" BY AMENDING SUBSECTION A2(a) TO INCREASE THE NUMBER 01' !PERMITS ISSUED ON CITY PLAZA I'ROM FIVE TO SIX. lWHEREAS, Section 10-3-5 of the City ,Code allows .five mobile vending carts on ,City Plaza; and jWHEREAS, mobile vending enhances a pedestrian-friendly ambience in down- Itown Iowa City; and ~HERE.AS, i1 is in the best Interest of the CIty to Increase the number of mobile vendors on City Plaza from five to six; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01' IOWA CITY, 10WAo SECTION J. AMENDMENT. Title 10 Chapter 3, Section 5, Subsection A: Paragraph 2a is amended by deleting 11 in I its entirety and adding the following new paragraph 2a: No more than sjx (6) permits shall be issued each calendar year tor the City Plaza and no more than two (2) permits sha)) be issued each calendar year for the 100,200, and 300 blocks of Iowa Avenue. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions ot this Ordinance are here- by repealed. SECTION 1/1. SEVERABlllTY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be invalid of uncon- stitutIonal, such adjudication sl1all not affect the validity of the Ordinance as a whole or any section, provlsion, or part thereof not adjudged invalid or unconsti- lutionaL SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective atter its final passage, approval and publicatlon, as provided by the law. Passed and approved this 28th day of November, 2008. slRoss Wilburn, Mayor . Attest: slMarian K. Karr, City Clerk 68444 December 6, 2006 I ~ 1 --= -~... f~ji~'"l. ~;;"~".fm.t. ..... ... 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, 06-4245 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of December, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 20, 2006, Dated at Iowa City, Iowa, this 9th day of January, 2007. ~"'l:,:-",\~\~ Julie ~ril '---.J Deputy City Clerk '. ~.\:;"'-'-'<':l..'-\~ Printer's Fee $ d I I 3 o/./,pCf CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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 Clerk Subscribed and sworn to before me this JJrrh--- A.D. 20 Dlt:> day of ~~ ;..... yt'bb1t~ ., ~ ," ;' ~~-. !:~<::_:~-- .:........2:"~_.~~;,:,~... ,_. ...-~ -~. .-.' " OFFICIAL PUBLICATION ORDINANCE NO. 06.4245 AN OADINANCE AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE, CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE REGULA. TIONS; CHAPTER 5, SITE DEVELOP- MENT STANDARDS; CHAPTER 7, ADMINISTRATION; CHAPTER 8, AEVJEW AND APPROVAL PROCE. DURES; CHAPTER 9, OEFINlTIONS. WHEREAS, clarification of cenain definitions and use classifications in the zoning code are necessary to pro. vide consistency between the zoning code and the building code, 10 provide consistency with new approval proce. dures adopted in December of 2005, to distinguish between various use cate. gories, and to avoid confusion and pro. vjde consistency in application of these terms and use categories; and WHEREAS, changes to land- scape screening standards will allow flexibility to exempt.certain situations where screening is already effectively provided by a change in topography or a human-made element; and WHEREAS, changes to park- ing tot design standards will allow more flexibility to locate parking spaces along drives in situatjons where traffic safety win not be compromised; and WHEREAS, changes to the multi-family site development standards in the Central Planning District are nec- essary to clarify how existing standards for architectural style wiff be applied; and WHEREAS, changes are necessary to clarify that in commercial zones exemptjons are allowed for all requirements of Article 14-5E, not just the street tree requirements; and WHEREAS, application of basic sign regulations within Public . Zones will ensure that signs are located in a manner that does not compromise pUblic safety and will prevent unduly large or brightly lit signs near residentiaf neighborhoods; and i WHEREAS, changes are necessary to clarify which regulations apply to signs in non-residential zones adjacent to residential zones; and . ~~ \ ~ ~t.t OFFICIAL PUBLICATION , WHEREAS, new cross refer- ences within the code wiJJ ensure fhat access permits and fence pennits are issued properly and provide consistency between the zoning code and the build- ing cOde; and WHEREAS, changes to park- ing requirements for daycare uses will ensure that sufficient parking and stack- ing spaces are provided and drop- off/pick-up areas are located in a manner to ensure public safety; aM WHEREAS, deleting special setback requirements for educational facilities and religious/private group assembly uses if] multi-family zones and commercial zones and applying the mini- mum base zone setback standards will be adE!quate to provide separation between buildings of similar size and scale; and WHEREAS, changes to requirements for educational facilities and religious/private group assembly uses will clarify that special setback requirements may be reduced by special exception; and WHEREAS, changes 10 the outdoor lighting standards are necessary I to ensure consistency between the build- I lng code and the zoning cOde and that a ' minimum amount of outdoor lighting is ' allowed for properties where the building coverage exceeds 80 percent. , WHEREAS, changes to the Article 14-4E, Nonconfonnlng SitUations, will clarify ambiguous language and change the manner in which the value of damaged or-destroyed property is deter- mined to avoid confusion, costly appraisals, and widely varying estimates of value; and WHEREAS, deleting the list of examples of uses atlowE!d in the Public Zones is necessary to- prevent confusion that may lead to misinterpreta- tions of the code; and WHEREAS, certain changes I are necessary to correct errors and inconsistencies between certain tables and graphics and the corresponding text of the code; and WHEREAS, it is necessary to correct a typo in a footnote to Table 2C- I 2(a), to clarify that the FAR in the C~-5 \ Zone may be increased up to a maxl- I mum of 5; and \ WHEREAS, deleting out. dated procedures for applying bonus ~ro- visions in the CB-5 and CB-1 0 Zones IS i necessary to avoid confusion; and -t WHEREAS, certain changes to the language describing setbacks for l . accessory buildings are necessary to I clarify and distinguish between rear and side setback requirements; and WHEREAS, a correction of a ,I,. cross reference to fees within litle 1, Chapter 4 is necessary 10 reflect the. more specific fee schedule that applies to zoning violations. 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 specified in the attachment entitled, "Zoning Code Amendments 1-33," deleting the refer- enced provisions of Title 14 and substi- tuting in lieu thereof the language attached hereto and incorporated herein by this reference. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION III. SEVERABILI- TY. If any section, prov;-sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Ordinance as a whole or any section, provision or part t~er~of not a.djudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi-nance shall be in effect after its final passage, approv-al and publication. Passed and approved this 12th day of December, 2006. I S/Ross Wilburn, \ Mayor Cieri<. i, OFFICIAL PUBLICATION Attest: slMarian K. Karr, City I. ;.. L---_ __ \2 ~.'":l..."\d,,-\ ~Cllo - 4~~-S 1-'-' Amendment #1: ------..-- I I -I ( r Delete subparagraph 14-2B-6C-3a. and substitute in lieu thereof:: a, A buffer area at least 10 teet in width and landscaped to at least the S2 standard must be proVided betwee~ any parking area and adjacent properties and between any parking , an~a and street nghts-of-way (See Article 14-5F, Screening and Buffering Standards), The City may ex~mpt from this requirement any specific location along a side or rear lot Ir~e where a parking area, aisle or drive is shared with an abutting lot. The City may Blso - - -- waive the landscape screening requirement where the view from adjacent properties is or will be biocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. , I '\ Add a paragraph 5, to 14-2C-6G, Landscaping and Screening: 5, Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided and the intent of the standard is met, as determined by the Building Official. " Add a subparagraph g, to 14-2C-61-2, as follows: , :' g, Screening for outdoor storage and display areas may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. Add a paragraph 4, to 14-2C-71, as follows: 4, Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effEictively provided and the intent of the standard is met, as determined by the Building Official. Add a subparagraph c, to 14-2C-8G-3, as follows: c, Scmening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effEictively provided and the" intent of the standard is met, as determined by the Building , Official. Add a subparagraph c, to 14-2C-9E-3, as follows: c, Scmening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is effEictively provided and the intent of the standard is met, as determined by the Building Official. Delete paragraph 14-2D-5F-2 and substitute in lieu thereof.' 2, Screening may be waived by the Building OfficiBI where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that screening is, effectively provided and the intent of the standard is met, as determined by the Building Official. ' , o .; Add a paragraph 6, to 14-2F-5G, as follows: 'c:9-vJ-. . 01.>- '-\ -:ty:S iP;y. 31 -:<..~.., b , 6, Screening may be waive,j by the Building Official where the view is or will be blocked by a change in grade or by natural or human-made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. ~ Amendment #2: Delete 14.2C-80 and substitute the fOIlDwing in lieu thereof: I " , , ( 1.[ G I.,;,.... O. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architecturol design, Floor area in 'excess of that allowed py, the permitted base floor area or dwelling units in excess of the density otherwise achievable under the provisions of this Article may be granted, The Director of Planning and Community Deveiopmenf will determine whether the proposed features are appropriate in design and location, Decisions of the Director may be appealed to the 80arcl of Adjustment, Bonuses allowed are enumerated in Table 2C-4. ;... ~ Delete 14-4A-4H-4h, b Delete 14-5A-5H-4, CirculatIon, and substitute in lieu thereof: 4. Circulation: ~ Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circuiation according tD the following standards and the standards of the base zone in which the property is located. a. Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. The drlve(s) Dn a property should be designed to facilitate vehicular circulation and connect street access points to parking areas, loading and unloading areas, drive-through facilities, and other vehicular use areas on a lot or tract. In' general, drives should not be used as aisles. However, the City may allow parking spaces along a drive in situations where vehicular and pedeStrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the City will consider such factors as: (1) Size and shape of the parking lot - large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation; parking spaces should not be located along main circulation routes where traffic speeds may be higher, but may be,allbwed in lower traffic volume areas. In small parking areas, circulation drives may not be necessary. ' (2) Proximity to street access points - parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length of drives at street access points must be sufficient in length to provide the necessaryvehicle stacking based on the anticipated traffic volume. Parking spaces arid aisles will not be allowed in close proximity to the necessary . driveway.throats, as determined by the City. _:' ~~" (3) Proposed use of the drive - parking spaces should not be located so as to "'- impede drive-through lanes, Igading and unloading areas, or higher volume delivery or truck circulation routes. ' I t:. ') e Amendment #3: , , !\.mendment 114: ,I c. G('J, '-\ 0-(, :Z'-j- l_t . _~ . _. _ __ -____." _~__._ \:J To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking aisles by landscaped medians and islands as illustrated in Figure 5AA, below. When useel, medians should be at least 4 feet in width and be landscaped. If a median contains trees, it should be at least 8 feet wide. If medians are intended for pedestrian circulation they should be approximately 12 to 20 feet wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. . To guide turning vehicles, maintain sight lines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a landscaped terminal island as illustrated in Figure 5A.3, below. In the eN-1 ZDne, at least one shade tree must be provided within each terminal island. ~._-'---~ - ~, 0" -l..\,?-. '-i "S' d. e. Figure 5A..l- Terminal Parking Islands ....-------- ---------~ -.'"j - C ) ,~ g-~J ' [i(C')""';lC) c...; p- I' .- , , ' , , - e-' , c , , f. g. h. i. , , " Amendment #5: " Parking spaces within parking areas must be provided with car stopS or curbing to prevent encroachment into landscaped setbacks, medians, and islands. . . . I Parking areas must be designed to permit ingress and egress of vehicles. without needing to move any other vehicle occupying a parking space. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. 'If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than 8 spaces, none of those spaces may be located in such a manner that would require backing into an alley. ' Delete footnote 5 within Table 2C-2(a) and substitute in lieu thereot 5 Maximum FAR is 3, exceptfor lots with an approved FAR bonus, For lots with' approved FAR bonuses, the FAR may be increased up to a maximum of 5. Amendment #6: Delete 14-2F-2B-2 and substitute in lieu thereof: 1. Land, buildings or structures owned by the Federal or State governments, or political subdivisions thereof, and used for public or governmental purposes. Add a new paragraph 1 within 14-2F-3C as follows and renumber subsequent paragraphs accordingly: " , > i!/ $ Amendment #,7: o ". ~............--.-"___...-.............-..........--....-........__---......-___..........-<_~..-_............~J. -,.............. ~. 0 (,,- t..;:?..14) <?~ S-"t ~y c _ J 1. Sign Regulations Sections 14-SB-3 and 14-5B-4 are applicable to uses within the Public Zone. Delete Sections 14-58-3 and 14-58-4 and substitute in lieu thereof: 14-5B-3 General Location Standards A. Location Standards For All Zones 1. No sign sha,ll be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. ,2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be IDcated closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base lone. , No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the proviSions of this Artide, a Use of PUblic Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fi're escape. No sign shall be attached to a standpipe or fire escape. B. Signs Adjacent To Residential Zones 1. Any sign located in a Non-Residential zone, but within 100 feet of a Residential Zone is subject to the standards and limitations of Subsection 8C, Sign Standards in the CO-I, CN-l and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definiticms. . 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential ZDnes and within 50 feet of a ReSidential Zone on the same side of the street shall not be placed on the wall of the building facing the'Residential Zone. 14-5B-4 Construction and Maintenance Re uirements , A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds, per square foot of area and loads as required by the Building Code. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for frl!estanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-I0 Zones, the minimum clearance height: is B feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardou~ sign. D. Changeable Copy 1. Copy that is.changed manually Any sign may contain copy !h~~iS cha_nge~ ma,nually. ~ . a (0 - '-\':l...~ 'S" -- -'2:-Copythlit is changeif eiectrCinlcillly , Sign's where the copy is changed by electronic means are only allowed as specified , below. .. The sign must be.located in a Commercial Zone or in a Public Zone. However, '~..F '."..~. :"~.celectronic-changeable.copy_sigQ~are no1 aJl9~~d,_,^,ithin 10Q feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14: 9C, Sign' Definiticlns. On properties zoned Public, electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-l, Cl- 1, CC-2, CB-2, and C6-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. e.The changeable copy may not be animated (See definition of ANIMATE[} SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be . changed mDre frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop'" "go slow," "caution,'. IIdrive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. e. The sign.must comply with the illumination standards as specified in the following subse:tion. f. In the MU, CO-I, CN-l, and CB-lO Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion Df the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones: and in CH-l, 0-1, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the'sign face. On freestanding and freestanding wide-base signs the electronic . changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion Df the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allDwed on time and temperaU:lre signs and mDnument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the , time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable,copy portion of the sign may not exceEld 75 percent of the area of the sign face. Amendment'#8: Delete paragraph' 14-38-38-2 and substitute in lieu thereof: 2, . For purposes of this Article, a material change is any act that adds new materials or othelWise modifies an exterior feature of a property. Material changes include alterations to the E,xterior features of a building or structure, demolition of a building or structure, demolition of a' portion of a building or structure, and new construction on a p'roperty, including construction of any new street access drives, Delete the definition of "material change" In Arllc/e 14-98_ Historic Preservation Definitions and substitute In lieu thereof: G0.~~Q~(. .<)- . > ~. \:)"'-Y.~,--\s' \? J l "t "), ~ "/ .-_.- ~---- 1-.' ------ ~~-- --- -- ' -~---- MATERIAL CHANGE: any' act that adds new materials or otherwise modifies an exterior feature of a property. Material chanlles include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including, construction of any new street , access drives. \) ~, -. Delete 14-5C-3E and substitute in lieu thereof.' E, Historic Review, as set forth in Article 14-8E of this Title, Historic Preservation Commission Approval Procedures, is required for:any new access to property designated as,an Iowa City Landmark or property located in a Historic or Conservation District. Amendment #9: Delete subparagraph 14-4B-4D-6~, Vehicular Circulation, and substitute in lieu thereof: d. Vehicular Circulation The use must provide a drop-off I pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the facility, This drop-off I pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other p'ublic rights-of-way (See minimum parking requirements for Daycare in Table 5A-2), To promote safe ve,hicular circulation, one-way drives are encouraged, - Deiete the parking requirement for Dayeare within Table 5A-2, Minimum Parking Requirements for all Zones, except CB-5 and CB-1O Zones, and substitute in lieu thereof: , Bicycle USE SUBGROUPS Parking Requirement CATEGORIES Parking Institutional And Civic Use. Daycare .1 space per employee based on the maximum number of employees at the site at anyone time 10% plus one parking space for each 10 children or clients served, based on the maximum number of children present on the site at anyone time, plus one stacking space for each 20 children or clients seNed, based on the maximum number of clients , or children present on the site at anyone time. Additional parking spaces at a ratio of 1/20 clients' or children served may be substituted for the stacking spaces, il the City determines that such an arrangement will not cause traffic to stack into adjacent streets or public rights:.of-way. Amendment #10: Delete 14-48-40-8 and 14.48-4D-9 and substitute in lieu thereof: 8. General Educational Facilities in the RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones ,a. Vehicular access to the proposed use is limited to streets with pavement width greaterthan 28feet. . , ~, ()1.o-4~4--S' Q~,~~,:<y " b. The number of off-street parking spaces provided may not exceed one and one- half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. c. If the proposed use in located in a Residential Zone or in the Central Planning District, it lTIust comply with the Multi-Family Site Development Standards as set .forth in Section 14-2B-6. 9. General Educational Facilities in the RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. I , . , ' b. ,.The following setbacks are _requir~~ i~ lieu, o.~the.setb~cks _spe~ified in the~base_'J ~-:~ ~-,=c"" , -'zone:"'Howevel)'the'Boatd'OFAdjUstmentmay'reauce tFiese setoacKS, sul5Ject to ~\., the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional reqUirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. ' e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late-night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Educational Facility, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) (2) An accessory storage building less than 500 square feet in size. A building addition of less than SOO square feet, provided the addition does not increase the occupancy load of the building. . If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. (3) -v-...:.rj ~.. . <:J \0 -- '--\~4G C? J ~ i ~Y; Oe/ete 14-48-40-13 and 14.48-40-14 and substitute in lieu thereof: 13. Religious/Private Group Assembly in the ID-RM, ID-C, RR-l, RM-12, RM- 20, RNS-20, RM-44, PRM, MU, and CO-l Zones a: Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. Religious Institutions in existence prior to 1963 that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l are exempt from and may expand without compliance with the required number of parking spaces. c. Religious Institutions located in the PRM Zone that have parking areas that existed prior to March 1, 1992 and if such parking areas are within 300 feet of a Commercial Zone, the Religious Institution may lease up to and including 2/3 of the required parking spaces within said parking areas to other users. , I d. The number of off-street parking spaces provided may not exceed one and one- half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment wili carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots wili erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. If the proposed use in located in a Residential Zone or in the Central Planning District, il: must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 14. Religious/Private Group Assembly in the ID-RS, RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater tllan 28 feet. b. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to' Principal Building Setback Requirements. (1) Front: 20 feet (2) Sid,e: 20 feet (3) Rear: 50 feet c. The proposed use wili be designed to be compatible with adjacent uses. The Board of Adjustment wili consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, Or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and'design of parking facilities, and location and design of buildings. 'I \ - . '-:1 ..~ ".; ~I d. ~. OLD ._'--'<~~G' ,C?~. \tl \ ~~ Given that large parking lots can seriously erode the- s;;;gl~ fa;;'ilv- residentlal-- -- ., character of these zones, the Board of Adjustment will carefully review any I' requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late-night operations, odors, and litter. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public heaith, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. I (I) An.accessolY storage building less than, 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use is located in a ReSidential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. ~ -~. ~- - e. f. Amendment #12 and 23: Delete subsection 14-88-4A, Pennit Required, and 14-88-48, Submittal Requirements, and substitute in lieu thereof: Permit Required Prior to construction of any of the fDllowing types of fences or walls, a building permit must be obtained from the Department of Housing and Inspection Services. ! l. Electric fences; , ~ 2. - Barbed-wire.fences;--'-.'. A. .~-~---;--~_.,""" 3. Any fence or wall over 6 feet in height; 4. Any retaining wall over 4 feet in height measured from the top of the footing to the top of the wall; and S. A retaining wall of any height that supports a surcharge or impounds flammable liquids. B. Submittal Requirements l. An application for a building permit must be filed with the Department of Housing and Inspection Service on application forms provided the City. 2. Supporting materials must be submitted as specified on the application form. '- Amendment #12 and 23 - continued: Delete paragraph 14-4C-2L-1 and substitute in lieu thereof: l. Permit Required. A permit is required for all of the following: a. Electric fences; b. Barbed wire fences; c. Any fence or wall over 6 feet in height; d. Any retaining wall over 4 feet in height measured from the'top of the footing to the top of the wall; and e. A retaining wall of any height that supports a surcharge or impounds flammable liquids. ~.. Cllo'- 4?"Y:$' <?;) \\ <\ ~Lj- " Amendment #13: Delete 14-4C-38-2c, and substitut,~ in lieu thereof: c. Side and rear setback requirements (1) In Residential Zones (a) Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street-side lot lines, accessory buildings must be set back at least 5 feet from the side or rear'lot line. This 5-foot setback requirement may be reduced if an accessory building is set back at least 60 feet from the edge of the street pavement. In sUch cases,. the building may be located within 3 feet of a side or rear property line. However, garages and carports entered directly from an alley must be set back at least 5 feet from the alley right-of-way line, regardless of how far back the structure is from the street. (b) A detached accessory building for a zero lot line dwelling must comply with the same side setback requirements as the principal dwelling. Amendment #14: ,Delete subsection 14-4E-88, Nonconforming Parking and Loading, and substitute in lieu thereof: B. Nonconforming Parking and l.oading 1. If a non-residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the eXisting situation, only the number of spaces relating to the enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. If a residential use, which is nDnconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. Any portion of a nonconforming parking area Or loading area that is reconstructed or expanded, must be brought into compliance with all applicable construction,' design, location, and screening and landscaping requirements. Whenever a use or uses; which are located on a site that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, is are enlarged by less than 50 percent in total floor area on the property, the property must be brought into compliance with the development standards listed below. a. Applicable perimeter parking lot landscaping and screening requirementS; b. Any new parking area must meet all applicable construction; design, location, 'and landscaping requirements. . 5. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Chapter 5,Article A, Off-Street Parking and Loading I Standards, are enlarged one or more times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, __~nd any appligll)l~_parking location and perimeter landscaping and screening - - .' '- ... . -- -- ------;------ 2. ~- 3. 4. = J- = - , = ~. 0 \0 - L\-;l.",L\15 Q~ . \-:1.. ~ ';;).,~ I ~ " 'requirements o(ih.; base ione, except as allowed in paragraph I, above. Th'e Building Official may modify or waive any such requirements that would necessitate moving buildings or other permanent structures on the site. 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: , a. If the number of required spaces for tI1e converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to th.e number needed to fully comply with the standard. . Amendment #14 - continued: Delele 14-4E-BD, NonconfomJing Landscaping/Screening, and 14-4E-8E, Nonconforming Outdoor Lighting, and substitule in lieu thereof:: D. Nonconforming Landscaping/Screening Whenever a use or uses, which are located on a property that is nonconforming with regard to the screening, landscaping, and/or tree standards of this Title, are is enlarged By one or more times, the sum total of which increases the total fioor area on the property by 10 percent or more, the property must be brought into full compliance with any applicable screening and landscaping requirements of the base zone and of Article 14.4B, Minor Modifications; Variances, Special Exceptions and Provisional Uses. In addition, such a property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and landscaping for nonconforming parking and loading areas are stated in subsection B, .above, Nonconforming Parking and Loading. The City may waive any landscaping or screening requirement that cannot be met due to a confiictwith any other requirement of this Title. Confiicts witl1 non-required elements of a development do not qualify for this waiver. Nonconforming .Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re-alm the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such lumina ire must comply with any applicabie requirement that ifbe 'ful!is.hielOed .,,", " 'C:~-:'~' ,." - ..__._~ 3. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, is are enlarged by less than 50 percent in total floor area on the property, any new outdoor lighting installed due to the enlargement must fully comply with the Outdoor Lighting , Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1. and 2., above. 4. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, are enlarged one or more times, the sum total of which increases the total fioor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5G, Outdoor Lighting Standards. E. ~. C) Co -'--\d-..4--S Amendment #15: Delete Table 58-1 and substitute in lieu thereof.' Q--J ' \ '2, ~ ":( Lf- ID-RS, RR'l, RS-5, RS-8, RS-12, RNS-12, ID-RM, RM.12, RM.20, RNS-20, RM-44, PRM ID-RS, RR.1, RS-5, RS.B, RS-12, RNS-12, ID-RM, RM-12, RM.20, RNS-20, RM-44, PRM 1 Only one sign is permitted; one facia sign, one awning sign, or one monument 5i9n (See 14.5B-8A-1.b.,above) ID.RS, RR-1, RS-5, RS-8, RS-12, RNS.12- , Facia Sign 1 ID-RM, RM.12, RM.20, RNS-20, RM-44, PRM ID-RS, RR.1, RS.5, RS-8, RS.12, RNS-12 Monument Sign1 ID.RM, RM.12, RM-20, RNS.20, RM-44, -PRM Awning Signl ID-RS, RR-1, RS.5, RS.8, RS-12, RNS-12, ID-RM, RM.12, RM.20, RNC RNS.20, RM. 44, PRM ID.RS, RR.;, RS-5, RS-8, RS-12, RNS-12, Directional signs ID-RM, RM.12, RM.20, RNS-20, RM-44, PRM Small identification sign ID-RS, RR.I, RS-5, RS-8, RS-f2, RNS-12, ID-RM, RM,12, RM-20, RNS-20, RM-44, PRM Integral sign Public Flags ~ Amendment #16: 4sq, ft, 12sq_ ft, 12 sq. ft. per sign face. May be double-faced for a total area of 24 sq,ft, 24 sq, ft, par sign face, May be double.faced for a total area o( 48 sq,ft, 12 sq, ft, or 25% o( awning surface, whichever is less 2 sq, ft, per face May be double-faced for total area of 4 sq, ft, 2 sq, ft, 2 sq, ft, . - -~, Delete subsection 14-5C-2E and substitute in lieu thereof: Max, Height: Top of first story, Limited to identification only, except as allowed for Institutional Uses. Not allowed (or Single Family and Two Family Uses. Max, Height: 5 ft Limited to identification only, ,",cept as allowed for Institutional Uses. Nol allowed for Single Family and Two Family Uses. Max, Height: 5 ft Limited to identification only, except as allowed for Institutional Uses. Not allowed (or Single - Family and Two Family Uses. Max, Height: Top oi first story Limited to identification only, except as allowed for Institutional Uses. Not allowed ior Single Family and Two Family Uses. The sign must be a building sign. Up to one of these signs is allowed per building. No permit is required. Up to one of these s;gns is , allowed per building, No permit is required. No permit is required. E. Arterial streets, as r-eferenced in this Articie, are those streets shown on the Iowa City Arterial Street Map in Figure 5C.1, beiow, and include future arterial streets as shown on the map. Said map is based on the JCCOG Arterial Street Map, as amended. If the JCCOG Arterial Street Map, as amended, conflicts with the Figure SC.1, the JCCOG map will supersede Figure 5C.1. Amendment #17: ~ ___0 CO-4--:<..-I.{(}..,.. . q ~. \1..\ ~ ~~ 1'-1 Delete paragraph 14-5E-2B-3. and substitute in lieu thereof: 8. Exemptions The following are exemllt from the requirements of this Article: 1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero Lot Line Dwelling, including Group Households, if located within such a dwelling. 2. Property in the ID and CB-I0 zones. 3. In Commercial ZDnes, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the requirements of this Article; however, all trees that can be provided in compliance with the requirements must be provided. .' " Amendment #18: Delete paragraph 14-5G-4C-4, and substitute in lieu thereof: 4. Illumination must not exceed 0;5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-l, or CO-1. The City may increase the maximum up to 1.0 horizontal footcandles for Building Code required lighting on buildings located on or close to the property line. However, lighting must be located and shielded in a manner that will be least obtrusive to any abutting residential properties. Amendment #19: Delete subsection 14-5G-5A and Table 5G-1, and substitute in lieu thereof: A. Maximum Outdoor Light Output i. Total outdoor light output defined The total outdoor light output on a property is the total amount of light, measured in initial lumens, from all bulbs used in.outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the , manufacturer, is the value to be considered when calculating total outdoor light _ I ~-c~ =-=output. '.~: -,.,,_. "~_--c::--~,,_ _ ~ 2. ApPlicabilitv _ The total outdoor light output on any property that is subject to the provisions of this _ Article may not exceed the limits in Table 5G-l, except for those that are exempted hi .. .. paragraph 3, below and in Section 14-4G-7. The values in this table are upper limits : and not design goals; design goals should be the lowest light levels that meet the : requirements Df the task. : , 3. Exemptions , _ .. Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward the total outdoor light output. b. In the E2 and E3 Districts, properties where the building coverage is 80% or greater are exempt from the maximum total outdoor light output standard, but are subject to the limitation on unshielded fixtures, as stated in Table 5G-l, below. 8. Lighting Environment Districts All Residential, Comm'lrcial, Office, and Industrial Zones are grouped into three lighting . environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the Public (P) Zone must comply with the lighting requirements of the adjacent zone; those on the border between two or more zones must comply with the standards of the strictest adjacent ZDne. Zones are grouped into the lighting environment districts as follows: ~ ~\, C> (0 - '-t':l.. '-\ s- 1. ~.\'S- <-1 ~~ Low Illumination District, E1 ~ Areas of low ambient lighting levels. This District includes single-family and low- density multi-family residential zones. This District applies to the following zones: !D- RS, !D-RM, RR-1, RS-5, RS-8, RS-12, RM-12, and RNS-12. Medium Illumination District, E2 Areas of medium ambient lighting levels. This District includes higher density multi- family zones and lower intensity commercial and office zones. This District applies to the following zones: !D-C, !D-I, !D:RP, CN-1, CO-I, PRM, RM-20, RM-44, RNS-20, and MU. High Illumination District, E3 , Areas of high ambient lighting levels. This District includes higher intensity commercial, industrial, and research zones. This District applies to the following zones: CC-2, CH-l, CI-l, CB-2, CB'5, CB-lO, 1-1, 1-2, RDP, and ORP. I. 2. 3. c. Measuring Total Outdoor Light Output 1. The maximums in Table 5G-1 are' based on a calculation of initial lumens per net acre. The lot size less the total building coverage of the lot determines the number of net acres used for this calculation. 2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more feet from any edge of the eave or canopy will be measured at 0.5 its full value. Table 5G.1: Maximum Outdoor LightOutpul Standards Lighting Environment District E1~ E2, Shielding Combinations Medium Ambient E3, Low Ambient Lighting Lighting High Ambient Lighting (in il1ltiallumens per (In initial lumens per (in initial lumens per acre) acrEI) Bere) MaximumT ota! Outdoor Light Output (Including 50,000 100,000 200,000 bothlully shielded and unshlelded fiidures) Maximum Outdoor Light Output from Unshielded 4,000 10,000 10,000 fixtures Amendment #20: Amend paragraph 14-28-61..3, Architectural style, as follows: .....>.i 1 3. Architectural style The purpose of requiring an architectural style is to ensure that the mass, roof form, window style an,j configuration, and the basic 'architectural details of a building are generally compatible with the historic character of the Central Planning District. New buildings should appear similar to a large house or a small historic apartment building. s. Any buildirlg elevation that is within public view (See'definition of PUBliC VIEW, WITHIN), must be designed in a manner that is consistent witti a historic architectural style typical of residential buildings in the Central Planning District. However, building facades that are visible only from public alleys are not subject to these standards, The applicable architectural styles are as follows: ltalianate; Queen Anne; Colonial Revival; Craftsman; Craftsman Bungalow; American Foursquare; Prairie School; Period Revival; and Eclectic, The applicant must ,indicate in detail how each of the following architectural elements in the proposed building are consistent with one of these architectural styles as described in the Iowa City Historic Preservation HandboDk, as amended. (1) Form and mass of the building; ~~O~(~fi~U~~~~itch; -- -.--- --,- ~j \~ 1 ~~ '- (3) Style and placement of windows and doors; (4) Window and door trim, eave boards, frieze boards, and other trim; (5) Porch and entrance features; (6) Buildin!) details and ornamentation. b. Detailed information regarding historic residential building styles is available in the Iowa City Historic Preservation Handbook. The Design Review Committee and the Historic Preservation Commission will use this information as a means to evaluate new buildings in the Central Planning District. c. Alternative d,esigns that have been prepared by a licensed architect may be acceptable and will be reviewed on a case-by-case basis. Amendment #21 : Delete 14-4A-5G, Wholesale Sales Uses, and substitute in lieu thereof: G. Wholesale Sales Uses 1. Characteristics fi'rms that are primarily involved in the sale, lease, or rent of products to retailers; to industrial, institutional, or commercial business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. Businesses mayor may not be open to the general public, but sales tc, the general public are limited. Products may be picked up on site or delivered to the customer. 2. Examples Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, " special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware. 3. Accessory Uses Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods. . 4. ,Exceptions .. Firms that engage primarily in sales to the general public or on a membership basis are classified as Sales-oriented Retail. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement. c. Wholesale plant or tree nurseries are classified as Agriculture. ,-'- -+Amendment#22: - ; ~ D~/ete subsection 14-4E-5E, Damage or Destruction, and substitute in lieu thereof: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of GDd or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such aamage occurred. Any such restoration must be completed ,within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on, which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use. ~, '~'o - ~d...Lt5 ~\\ \ ~Lf -..-. ~ . ------...~_._-- 3. For purposes 01' this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. " Amendment #22 - continued: Delete subsection 14-4E-6C, Damage or Destruction, and substitute in lieu thereof: j E. ,Damage or Destruction 1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure, may be restored to the same degree of nonconformity or less. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this Title. . 2. Except for desi!lnated Historic Landmarks or key or contributing structures in a Historic Preservation Overlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure, may not be restored except in compliance with the provisions of this Title. 3. A nonconforming structure that is a designated Historic Landmark or a key or contributing structure in a Historic Preservation or Conservation District Overlay Zone , may be reconstructed 'upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the ortginal exterior design. A certificate of appropriateness from the Historic Preservation Commission is required prior to commencing reconstruction. 4. For purposes 01' this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #24: Delete the definition of " Cottage Industry" in Article 14-9A, and substitute in lieu thereof: COTTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are intended for retail sales to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. '<- Amendment #25: ~ Delete the definition of "Floor Area" in Article 14-9A, and substitute in lieu thereof: FLOOR AREA: The total area of all floors of a building, or a portion of a building, measured to the outside surface of exterior walls or to the center line of walls ot attached buildings or uses. Floor area inCludes all space within the building, inciuding space in the basement or cellar, if such space is used for a prtncipal or accessory use, However, floor area does not include the area of ' porches, balconies and other appurtenances. When calculating the floor area of a prtncipal dwelling, the area of any attached garage is excluded. Floor area of basements and cellars is excluded trom the calculation of FAR (See FLOOR AREA RATIO). - --------------. ~\., 6<0 -'--t~4~ C?~.\'6~~'-t h c' I Amendment #26: Delete the definition of "Grade" in Article 14-9A, and substitute in lieu thereof: :- - GRADE (Adjacent Ground Elevation): The average point of elevation of the finished , surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building, the slope of the fill within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25 percent. Amendment #27: Delete the definitions of "Sensitive Araas Development Plan, " "Sensitive Areas Overlay Zone, " , and "Sensitive Areas Site Plan" within Article 14-9E and substitute in lieu thereof: I .\ I SENSITlVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Levell or Level II Sensitive Areas Review that delineates construction areas limits and designates protected sensitive areas and associated buffers within 11 planned development. LEVEL II SENSmVE AREAS REVIEW: A planned development rezoning that is required prior to any development activity that is not otherwise exempted, on any a tract of land that contains regulated sensitive features as specified in Article 14-51. Said rezoning requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract. LEVEL I SENSITlVE AREAS REVIEW: An administrative review of a sensitive areas development plan required prior to any deveiopment activity, which i~ not otherwise exempted, on property that contains any regulated sensitive feature as specified in Article 14-51, but for which a Level II Sensitive Areas Review is not required. ~ y --~-----_..~ ---- ._~- Amendment #28: ~~. 0<0 --<-t~4') '\?J . \ 9. ~\ ~ '+ Delete Table 2C-2{b): Dimensional Requirements for the Mixed Use Zone (MU), and substitute in lieu thereof.' " MU Detached SF and DetBcl1ed 3,000 3,000 3D 20 5115' 5+22 20 ,35 50% 50% Zero LotUne Two Famity 3,600 1,800 45 20 5115~ 5+22 20 35' 50% 50% (Duplex) Attached SF 1.800 1.800 20128' 20 5/156 0/10' 20 35 50% ?O% Multi-Family 5,000 1,800 45 20 5115' 5+22 5+22 '35' 50% 50% See 5115' . GroupUving 5.000 ArtAS 45 20 5+21 5+22 35' 50% 50% Non-residential' none nla nDm1 20 5115' 5+22 5+22 35' 50% nla Notes: . nfa =, nol applicabfe 'Non-residential uses must comply with the standai"ds listed in this table unless specified otherwise in 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 2 Minimum side setback is 5 feet for the first 2 stOri'3S plus 2 feet for each additional story. For Detached Zero Lot Line Dwellings, see applicable setback regulations ill 14-48. -- 3 See applicable setback requirements in Article 14-48, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 4 Minimurp Iofwi9th is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are attached,lotsmustbe28feetwide. 5 Maximum height is 35 feet However, if any portion of a Two Family Use, Multi-Family Use, Group"living Usa, or a Non-residential Use is located within 15 feet of a property that contains an existing Single Family Use or within 15 feel of a Single Family Zone boundary, then the portion of the building located within 15 feel of said property or boundary may not exceed 2-112 stories in height. 6 Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See 14-2C-9D, Maximum Selbacks. Amendment #29: Delete Table 3A-1 and substitute in tieu thereof.' Table 3A-1: Maximum Residential DensltV Undertvina Base Zone OweUina unils,aer acre of net land area RR-1 1 , RS-5 5 RS-8 8 RNS-12 8 RS-12 13 MU 24 CO-1 15 CN-1 24 CC-2 15 RM-12 15 RNS-20 24 RM-20 24 RM-44 43 PRM 49' 'Density bonuses are available in the PRM Zone that would increase the allowed densitv bevond the fioure in this table, Amendment # 30: Delete paragraph 14-28-6E-2 and Figure 28,8 and substitute in lieu thereof: 2. In the Central Planning District The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing faAade of the building is broken into modules that give the appearance of smaller, individual buildings (See Figure :26.8, below). Each module must meet the following standards: ~~, <::>(" -L.{:l.,y-':) \?~ ' ~o ~ '~L.1 :,} s. Each mod~le must be no greater than3Cffeet and no less th-iin 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in ' height, the widttl of the module may be increased to 40 feet. b. Each module must have a corresponding change in the roof/ine. c. ..:.... ~---" -Each-mooule iiiustbe'disti~guished from the adjacent module by at least one of the following means: "'-..----"-'-"'""' , (1) , ~ ~ (2) ".~ (3) - ~ , " , (4) . e (5) ~ Variation in material colors, types or textures; Variation in the building and/or parapet height; Variation in the architectural details such as- decorative banding, reveals, stone, or tile accents; Variation in window pattern. Variation in the use of balconies and ,recesses. Figure 28.8 - 8uilding modules that break up the ~orizontal plane ~ eSE ---- 'm] _~~~1<:=='''':'__ _ :J'! f! IJJ. .----. ~: ~F_l ".; .:.. ' -:'" , l! , I -~Module~-, -~Existing~_ 7""_ _ _ _~ ~" ~f:f!S~~ ~~~ [- J , t:l ~ ~ 'pJl~~' B ~ '!::J ' ~ CD! e , ,.-Module'.' ,-Module-- ,.__-~New MF Building- .' --Module-- --Existing- Amendment #30 Continued: Delete paragraph 14-2C-6K-3, Building Details, and substitute in lieu thereof: .' 3. Building Details Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, .and provide a cohesive pattern to the building. ' Any building faAade that aces a public street or includes a public entrance shall include no less than three of the elements listed below. At least one of these elements shall occur along the vertical plane of the building. An example of a change' that occurs on the vertical plane would be a change from stone on the lower portion of the building to stucco on the upper portion. All elements that occur along the horizontal plane of the building shall repeat at intervals of nD more than 50 feet. These visual patterns must be cohesive with the articulation of the faAade .. Color change b, Texture change c. Material module change d. Expression of an architectural or structurai bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projection. Amendment #30 Continued: Delete subsection 14-2C-7M, Building Bulk and Articulation, and substitute in lieu thereof: ~"",\ . 0 (,0- 4~"-I.S-- ~';;'\i ~y <1 M. Building Bulk and Articulation 1. The maxim'um length of any building wall is 270 feet This standard applies whether the building contains a single business or multiple businesses or storefronts, 2, For buildings greater than 50 feet in width, the horizontal plane of imy street-facing faAade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: . (1) Variation in the wall planeby recessing a building module from the adjacent b~i1ding module; (2) Variation in material colors, types ortextures;- '(3) . Variation inthe'building' and/or parapet height;' . - ~,' - ~ (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; , ' ' (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. , , , Amendment #30 Continued: . '-~:,. ~ Delete subsection 14-2G-8M, Building Articulation, and substitute in lieu thereof: . M. Building Articulation . ~, 1. For buildings greater than 50 feet in width, the horizontal plane of any street-facing faAade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b., Each module must be distinguished from the adjacent module by at least three of the following means: ' (5) (6) Variation in the wall plane by recessing a building module from the adjacent building module; , Variation in material coiors, types or textures; VariatiDn in the building and/or parapet height; Variation in the architectural details such as decorative banding, reveals, stone; or tile accents; Break or variation in window pattern; Variation in the use of upper floor balconies and recesses. / (1) (2) (3) (4) Arrien<!ment #30 Continued: Delete subsection 14-,'C-9G; and substitute in lieu thereof: G. Building scale for MUlti-Family, Group Living, Commercial, and Civic/Institutional BUildings The width of the front facade of new buildings must be no more than 40 feet Buildings may exceed this limitation if the horizontal plane of any street-facing faAade of the building is broken into modules that give the appearance of smaller, individual buildings. Each module must meet the following standards: 1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the modu!e may be increased to 40 feet ~ D tc - '-\~~S' \?~. ~~~ ~ ~ ---- ------..- ,~..- ---~ 2. Each module must have a corresponding change in the roofline. 3. Each module must be distinguished from the adjacent module by at least one of the following means: . a. Variation in material colors, types or 'textures; b. Variation in the building and/or parapet height; c. Variation in the architectural details such as decorative banding, reveals, stone, or tile accents;' , , 'v d. Variation in window pattern. e. Variation in the use of balconies and recesses. Amendment #3'1: -. /' ,. Delete subsection 14-7C-5A, Penalties, and su,bstitute in lieu thereof: r : f . ' ., ....l A. Penalties 1. The owner or manager of a building or premises in or upon which a violation of any provision of this Title has been committed or exists or the lessee or tenant of a building or premises in or upon which violation has been committed or exists or the agent, architect, building contractor or any other person who commits, takes part or assiSts in any violation o! who maintains any building or premises in or upon which such violation exists or who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any o~ the provisions of this Title may be found guilty of a simple misdemeanor or municipal infraction Dr environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subject to the penalties specified'in 1-4-2D, except for environmentai infractions, which shall be subject to the penalty for same as specified in 1-4-2B-2, as amended. Each day that a violation occurs. and/or is permitted to exist constitutes a separate offense, and dvil and/or criminal penalties shall be computed accordingly. Amendment #32: Delete subsection 14-4A-4I, Surface Passenger Services, and substitute in lieu thereof: I. Surface Passenger Services 1. Characteristics Passenger terminals for regional bus and passenger rail service; dispatch facilities for local taxi and limousine service. 2. Examples Regional bus and passenger rail depots; charter and rental bus services; dispatch facilities for local taxi and limousine services ' 3. Accessory Uses Offices; concessions; parking; maintenance and fueling facilities. 4. Exceptions Bus stations and park-and-ride facilities for local mass transit are classified as General Community Service Uses. \ . , - I o j . [ Delete subsectkm 14-4A-5E; Warehouse and Freight Movement Uses, and substitute in lieu thereof: E. Warehouse and Freight Movement Uses 1. Characteristics Firms involved in .the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. 2. Examples Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; storage lots for large fleets of vehicles; parcel services; major postal facilities; grain terminals; and the stockpiling of . , sand, gravel, and other aggregate materials. ~. C:llo -Y?-'l.\ S ~~,),") ~ 'd-.Lf 3: Accessory Uses- Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and repackaging facilities. 4. Exceptions a. Uses that involve the transfer' or storage of solid or liquid wastes are classified as Waste-Related Uses. b. Mini-warehouses are classified as Self-Service Storage. ,c. Dispatch facilities and accessory parking areas for taxi and limousine services are classified as Surface Passenger Services. Amendment #33: .' "j : ( Delete the definitions of "front yard, " "rear yard, " and "side yard" within Articfe 14-9A, General Definitions, and substitute in lieu thereof: , ~.YARD, FRONT:.Ihe area on a lot between the street~side lot line(s) and a line drawn ",-J parallel to and flush with the plane of any building faAade ofa principal bUildingthat~~:.! faces a street-side lot line. On lots with multiple buildings, there is no front yard adjacent to buildings that are behind or surrounded by other buildings, such that there is no faAade directly facing the street. . YARD, REAR: On an interior lot, the rear yard is the area extending from one side lot line to another side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of the rear building faAa:1e(s) of the principal building(s) on a iot. On a corner lot, the rear yard is the area extending from the side lot lineto the front yard line that is opposite the side lot line and between the rear lot line and a line drawn parallel to and flush with the plane of any building faAade(s)of the principal buildi~g(s) that face a rear lot line. On a double fronting lot there is no rear yard. ' YARD, SIDE: The area on a lot bounded by any faAade of the prircipal building that faces a sieje lot line and that same side lot line and excluding any area that is front yard, rear yard, or interior courtyard. Add a definition of "Yard/Courtyard, Interior;>> within Article 14-9A as follows: YARD/COURTYARD, INTERIOR: An open area on a lot, which is bounded on at least three sides by the exterior walls of one or more buildings and is not open toward a street-side lot line. An interior courtyard is not a side yard. - ( 1 Delete the illustration of "yards" within Articfe 14-9A and substitute in lieu thereof/he following four illustrations: . Rear Lot Unit Rear Lot Line Side Lot Linel .)- ~ide yard I. I ~ Front yard _I_ , r-----l I Rear yard 1 .J I J Side yard' I -l BUILDING BUILDING Front yard .... w w '" .... " Front yard I --L...- Side Lot L1nel .)- Side yard J. I ~ front yard -j'. II ---L-r! Rear yard \.- - Front Yard Line : I - Street Side Lot Line Front yard STREET Front lot line STREET Front Jot line Interior Lot C orner Lot (2<\. '--'It' \.j "" C\ d., '-f -',\ ~. e:,l.o-'--\':l..~S-- .~..---- --,-.--.--- .. --~- Il1l\UT f_UIIU.. , r j - ! STREET Front ~ot lIno , , I "-,... [ ,-- [J ,-- r;r~~ l ~,~ '~ -I ;1 lun '" .' ___.I I G ! l -...... Bl/Il.IlIMCl -- I' I I -yw-<l I ---+----.-----------~--- I _~~ I I I I I Inter lor Co urt Yard 68784 December 20, 2006 . Side Lot lInel .\- Side yard J. I ~ Front yard -I. BUILDING I 1 J .1 .1. Sli:te yard I 1 I Front yard Front yard STREET Front lot Ilne Double-Frontage Lot , ,>. .J :U t \t I -~ . ~ .------""'"".-.'~- -." .-'--~ ~-....,-............. ~______~--.:l I ~ 1 -....= -~ f~~~'t ~~...., ........ 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. 06-4246 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 12th day of December, 2006, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 20, 2006. Dated at Iowa City, Iowa, this 9th day of January, 2007. ~~~~ " .~.~I:;), Julie . oparil ~ Deputy City Clerk , " ~. (>~,- 4~'-\'f:, r Printer's Fee $ ISr'"J/l ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Diana Becicka, 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 Clerk Subscribed and sworn to before me this ~ day of A.D. 20 OlD . ~,~-0'C~ ~,.. UNOAKROTZ f ". ~ Commlsslon Number 732619 '<J&' MyComm_ expires ~ ,January 27. 2008 --; Publ~ . ,. " OFFICIAL PUBliCATION ~' ORDINANCE NO. 0&-4246 AN ORDINANCE AMEN~I ING CITY CODE TITLE 17. ENTITLEG RBUllDING AND HOUSING,~ TO ESTABLISH LICENSING REQUIRE. r I MENTS FOR THE PLANNING, LAYOUT, 'I SUPERVISION AND INSTALLATION OF I HEATING, VENTILATION, AIR CONDI. I, .l -.=-L \ I TlONING (HVAC), COMMERCIAL KITCHEN HOODS AND FOR DUCTED AIR HEATING AND COOLING ( INSTAllERS. WHEREAS, it is the public interest to have HVAC systems, commercial kitchen hoods and dueted air heating/cooling installed by certified installers; WHEREAS, the Board of Appeals con- cluded that it is important that the installa. tion of HVAC systems, commercial kitchen hoods and dueted air heating/cooling be done by licensed installers; WHEREAS. to ensure professionalism and accountability, the City Council I believes that it is in the best interest of the City of Iowa City to establish a licensing procedure for persons who plari, layout, supervise and Instal! HVAC systems and commercial kitchen hoods and for per- sons who install ducted air heating/cool- ing. NOW, THEREFORE, 6E IT ORDAINED BY.THE CITY COUNCIL OF THE CITY' OF IOWA CITY, IOWA: 1. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled ~Licensing," Section 1, entitled "License Required," is hereby amended by adding _ the following new subsections M, N, 0, . and P: M. HVAC Master: No person shall under- take the planning, layout, supervision, or pertorm heating, ventilation, and air con- ditioning within the city, with or without [ compensation, unless the person holds a HVAC master license issued by the city. N. HVAC Residential: No person shall undertake the planning, layout supervi- sion, or perform heating, ventilation,and air conditioning as regulated by the International Residential COde with Of without compensation unless the person holds a HVAC residential license issued by the city. . O. Commercial Kitchen Hood Installer: No person shall undertake the planning, I layout supervision, or perform installation I of commercial kitchen hoods as regulated by the International Mechanical Code with or without compensation unless the per- son holds a HVAC master or commercial kitchen hood license issued by the city. P. Ducted Air Heating and Cooling Installer:, No person shall Install heat and cooling ducts as regulated by the International Mechanical Code with or without compensation unless the person holds a HVAC master, HVAC residential or a Ducted Air Heating and Cooling Installer license issued by the city. 2. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "licensing," Section 4, entitled "Licensing Standards," is hereby amended by re- designating subsections J and K as Nand o respectively and by adding the follow- ing new subsections J, K, L, and M: J. A HVAC Master license shall be issued to every person as follows: 1. From the effective date from the ordi- U nance to December 31, 2008 to every I person who meets the requirements of I section 17-11-4K. 2. Beginning January 1, 2009, to every .person_who. .demonstrates_ satisfactory_ completion of two (2) years experience as' a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Board of ~_~PP.!-<lIS.. . ~~,\~~ -K.~, HVAC Residentiaillcensa snail be issued to every person as follows: 1. From the effective date of the ordi- nance to December 31, 2008, to every person. who demonstrates satisfactory completion of three (3) years full time experience as a HVAC installer with an j estabfished HVAC company. t~g.J~~gl~nilJg.J<!!l_~alYJ, RQQ.9..t9.el,'!Wd person who demonstrates satiSfactory , completion of three (3) years experience as a HVAC installer with an established ' HVAC company, and successfully passes' the examination approved by the board of appeals. L. A Commercial Kitchen Hood license shall be issued to every person as fol- lows: 1. From the effective date of the ordi. nance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years experience as a commercial kitchen hood installer with an established HVAC or commercial hood installer company. 2. Beginning January 1, 2009, to every person .who demonstrates satisfactory completion of three (3) years full time experience as a commercial hood installer with an established HVAC or I commercial hood installer company, and successfully passes the examination approved by the board of appeals. ~. A DuctEld Air Healing/COOling Installers license shall be issued to every person as follows: 1, From the effective date of the ordi- nance to December 31, 2008, to every person who demonstrates satisfactory completion of three (3) years full time experience as a ducted air heating/cool- ing installer with an established HVAC company. 2. Beginning January 1, 2009, to every person who demonstrates satisfactory completion of three (3) years experience as a ducted air heating/cooling installer with an established HVAC company and successfully passes the examination approved by the board of appeals. 3. Title 17, entitled "BUILDING AND HOUSING," Chapter 11, entitled "Licensing,~ Section 5, entitled "ReclprocaI'Licenses," is hereby amend- I ed by deleting the word "will" and substi- tuting in lieu thereof the word "may" in the first sentence of subsections Band F. ! 4. Title 17. entitled "BUILDING AND HOUSING," Chapter 11, entitled "Ucensing;"- Section 5, entitled "Reciprocal Licenses," is hereby amend- ed by adding the following new subsec- tions G, H, 1, and J: G. A HVAC Master license may be issued to every person who demonstrates satis- factory completion of two (2) years expe- rience as a licensed HVAC Journeyman or HVAC Residential and successfully passes the examination approved by the Iowa City board of appeals. The applicant shall make application for the license and pay all fees. H. A HVAC Residential license may be issued to every person who demonstrates satisfactory completion of three (3) years experience as a HVAC installer with an established HVAC company and success- fully passes the examination approved by the Iowa City board of appeals. The appti- . cant shall make application for the license and pay all fees. . L A Commercial Kitchen Hood Installers license may be issued to every person who demonstrates satisfactory comple- tion of three (3) years full time experience as a commercial kitchen hood installer with an established HVAC or commercial kitchen hood company and successfully passes the examination aPproved by the Iowa City board of appeals. The applicant shall make application for the license and pay all f':.95: ~. \;)~_ 4-~i'1-lo r J, A OuctedAir HealinQ!CooHng In,taliers ' license may be issued to every person ~o demonstrates satisfactOty comple- I bon ,of three. (3) years experience as a heatmgJcooJmg duel inslaJJer with an established HVAC company and success. fully passes the examination approved by the Iowa City board ~f appeals. The appli- cant shall make appllcatlon for the license and pay aff fees. 5. Tille 17, entitled ~BUllDING AND ~~US'~G," Chapter 1" entitled Licensing," Section 6, entitled "Ree~aminali~ns," is hereby amended by deleting Section 6 in its entirety and adding the following new Section 6: \ Any person who fails the journeyman ! ! plum~e.r, master plumber, journeyman 't,._~Jectnc!an,"m.astef .electrician,.firealarm, J I fire spnnkler Installer, fire sprinkler main- 1 tenance, .residential .HVAC, master HVAC, I d~ct~d air heating/cooling installer or gas l pipe Ins~all~r's examination may apply for reexaminatIOn at the next regularly scheduled examination. Any person who fails the sanitary sewer and waler service installer's examination, the commercial kitchen hood installer's examination or the electrical home-owners exam must wait a minimum of thirty (30) calendar days before retesting. . 6. litle 17, entitled "BUILDING AND , ;~9.US~.G~~~C~apte~_ _~ t1,.~entitfed . licenSing, -SectIon 7, entitled "License ~enewals," . is hereby amended by delet- Ing Subse~lons A and B in their entirety and addmg the foHowing new SUbsections A and a: A. License Expiration: Every license which has not previously been revoked shan expire on December 31 of . each' year. Renewal fees and reinstatement fees shall be as established by resolution I of the city council. Any license that has expired may be reinstated within sixty (60) calendar days after the expiration I date upon payment of an additional rein- s!atement fee. After the expiration of the I Sixty. (60) calendar day period, no license! obtained by municipal testing, shall be r~newed except upon fe-examination. J Licenses obtained by an approved third I party .testing. agency, shall be renewed for i a penod of five (5) years with the submit- ~I of all required documentation, includ-/' mg current CEU's and payment of all back renewal fees from the time of the license I \,<' expiration. After the five (5) years,__ no I '. l licens.e s~al! be renewed except upon re- I eXaminatIon. . B. Code Update Certificate: Prior to receiving any active master electrical, Journeyman electrical, master plumbing, Journeyman plumbing, master HVAC or residential HVAC license, each applicant " shall complete an approved eight (8) hour .~ ~de update class based on the changes In the most current edition of the code that the license is issued under. Prior to', receiving an active fire sprinkler license each applicant shaff complete eight (8) hours of continuing education of an approved update class in, fire sprinkler installation. Update classes sharr be attended within one (1) year of the code's adoption by the city or by the end of the next licensing year. Documentation of completion must be submitted to the building official to accompany application for renewal. . 7. litle 17, entitled "BUILDING AND HOUSJNG,~ Chapter 11 entitled .Licensing,~ Section 10, entitl~d "Inactive Lice~se," i~ h~Heby amended by deleting SectIon 10 In Its entirety and adding the following new Section 10: INACTIVE LICENSE: Any current electri- cal, plumbing, HVAC, fire alarm, fire sprin- kler mslaJJer or fire sprinkler maintenance license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to mai~tain the electrical, plumbing, J::IVAC_tire alarm fire sorinkler installer or _.'....h.~ _" fire sprinkler maintenance-license as cur~ rent but will not be permitted to obtain an electrical, plumbing, or HVAC, fife alarm or fire sprinkler installer permit. The elec- trical, plumbing, HVAC, fire sprinkler installer or fire sprinkler maintenance I license may be reactivated upon comple- tion of an eight (8) hour code update class \ ; on the changes based on the most cur- 1 rent edition of the elec1rical, plumbing, I HVAC, fire sprinkler installer or fire sprin- . klar maintenance code, and payment of . . the full license fee for that year. To reac- ~ I t~~e fire aJarm license, current NICET cer- \ tlflcatlon Is required. The fee for an inac- tive license shall be set by resolution of I city council. 8. Title 17, entitled "BUILDING AND HOUSING," Chapter 1, entitled "Building Code", Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designations and adding the fol- lowing new provisions to be inserted numerically: Add the followinQ new' section' 105.1.3 Licensing Requirement See Section 17-11 entitled "Licensing" of the City Code. Add the folfowina new oaraanmh 8 to section 1053: ~. Insurance Required. Before any per- mit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a commercial kitchen hood installer may be issued, the applicant shalf have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of ' no less than three hundred thousand dol- lars ($300,000) property damage and five hun~r~~ _ thousand _ dollars ~ ($500,000).J bodily InJury. The policy shall also provide I !or at least ten (10) days' notice by the \ Insurer to the City of termination of the i policy by the insured or insurer. Add the followina new section: 106.1.4 Qualifications of Permittee: 1. A permit for work regulated. by the mechanical and fuef gas portions of the Intemational Residential Code may be issued to: a. any person holding a valid Master j HYAC license issued by the City of Iowa City; or )...~y,p-er~tl1.5..yearsluIHime_e~-<I , nence as an Installer with an established I HVAC company, and holds a valid \ Residential HVAC license issued by the I City of Iowa City; or l. c. any HVAC company whi!::h employs a duly licensed Master HVAC holder on a full-time basis; or d. A permit may be issued to the owner of ' an e~isting owner-OCClJpied single -family .dwelflng, pursuant to a valid certificate of occupancy' and used exclusively for resi- dential purposes, to do any work regulat- ed by this Article in connection with said dwelling and accessory buildings, The owner must personally purchase all mate- rial and perform all labor in connection therewith. All work shaff comply with this Article. 2. A permit may be issued for the instal- lation of a boiler to any person who holds a master plumber licensed issued on or before December 31, 2006, or to a Master HVAC licensee tested over the ~Master Mechanical" exam or the "HARV" exam. .1 9. Title 17, entitled KBUILDING AND ~.. HOUSING," Chapter 4, entitled KMechanical Code, ~ Section 3, entitled "Amendments to Code," is hereby amended by deleting all letter designa- tions and adding the following new provi- sions to be inserted numerically: Add the following new section: 106.1.1 Licensing Requirement: See Section 17.11 entitled "licensing" of the City Code. Add the foflowinQ new !;ection' , 1 06.3.2 Q!,!~ficatioD_S of Permittee:_____..I __ ' ___U:,::l.o-jl") : 1. ':- permit m~y be issued to any person . , ""<--- I holding a valid master HVAC license , issued by the City of Iowa City or to any \ ~VAC company which employs a duly I . licensed master HVAC holder on a full- time basis. 2. A permit may be issued for the installa- ~ion of commercial kitchen hoOds to any person holding a valid master HVAC license or a Commercial Kitchen Hood license issued by the City of Iowa City or to any HVAC company which employs a duly licensed master HVAC or commer. cial kitchen hood installer on a fuJJ-Ume basis. 3. A permit may be issued for the installa- tion of a boiler to any person who holds a master plumber licensed issued on or before C?ecember 31, 2006, or to a Master HVAC licensee tested over the "Master Mechanical~ exam or the "HARV' exam. Add the .followina nPow section' 106.3.3Insurarn:e Required: Before any permit to perform HVAC or commercial kitchen hood work by a HVAC Master, a HVAC Residential, or a com- .mercial kitchen hood installer may be Issued, the applicant shaff have on file with the Building Official a copy of a cer- tificate of insurance stating the liabiJity amounts of no less than three hundred thousand doJJars ($300,000) property damage and five hundred thousand dol- lars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of ~ermination of the policy by the Insured or Insurer. 10. litle 17, entitled "BUlLDING AND HOUSING,~ Chapter 13, entitled ~Fuel Gas Code~, Section 3, en t i- tied "Amendments to Code," is hereby ~mended by deleting all letter desIgna- tions and adding the foffowing new provisions to be inserted numerically: Add thA followino MW section' " .106.1.1 Licensing Requirement See Section 17-11 entitled "Licensing" of the City Code. I Add th@followino new section' 106.3.2 Qualifications of PermIttee: 1. A permit may be issued to any person holding a valid master HVAC license issued by the.City of Iowa City or to any ':fVAC company which employs a duly licensed master HVAC holder on a full- time basis. 2. A permit may be issued to any person holding a valid master plumber license issued by the City of Iowa. City or to any ~lumbing company which employs a duly licensed master plumber on a fuJi-time basis. I Add the followino new section: _106..~,3 Insurance fl.equired: j Before -any~peITnit to perform-HVACOT1 commercial kitchen hoOd work by a HVAC I Master, a HVAC Residential, or a com. . mercial kitchen hood installer may be issued, the applicant shan have on file with !he Building Official a copy of a cer- tificate of insurance stating the liability amounts of no less than three hundred thousand doUars ($300,000) property damage and five hundred thousand dol- lars ($500,000) bodily injury. The policy shall also provide for at least ten (10) days' notice by !he insurer to the City of ~ermination;oUhepolicy..by,theinsured or Insurer. SECTION II R!:..e.EAl..fa All ordinances and parts of ordinances in conflict with the provision of this Ordinance afe hereby repealed. SECTlON lJJ SEVERARIUTY. If any sec- tion, proviSion or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of ttie 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 effective January 1, 2007. Passed and approved this 12th day of December, 2006. s/Ross WHbum, Mayor Attest: slMarian K. Karr, City Clerk 73222 December 20, 2006