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HomeMy WebLinkAbout2012 Ordinances� r i`� MUL CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (3 19) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4461 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of January, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on January 19, 2012. Dated at Iowa City, Iowa, this 3rd day of February 2012. Juli . Voparil Deputy City Clerk Printer's Fee $ c}a.I -1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, R oceF 5�t)-ry , 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): 6 AB14uALV i°t _ LoIL Legal C k Subscribed and sworn to before me this /9'l`, day of A.D. 20 /,4,. Notary Public mac LINDA KROTZ A 4L Commission Number 7MJ Mlr Cwam*ion DO" 27, 2V14 J OFFICIAL PUBLICATION SECT( N . III. CONDITIONAL ORDINANCE NO. 12 -4461 ZONING AGREEMENT The mayor AN ORDINANCE is hereby authorized and directed to CONDITIONALLY REZONING sign, and the City Clerk attest, the APPROXIMATELY 0.88 ACRES Conditional Zoning Agreement OF PROPERTY LOCATED AT between the property owner and 2218 ROCHESTER AVENUE, the City, following passage and LOW DENSITY SINGLE FAMILY approval of this Ordinance. RESIDENTIAL (RS -5) TO LOW I jv. GERTIFIGATION AND DENSITY MULTI FAMILY Upon passage and RESIDENTIAL (RM -12). (REZ11- approval of the Ordinance, the City 00009) Clerk is hereby authorized and WHEREAS, the applicant, directed to certify a copy of this Apartments Downtown, LLC, has ordinance, and record the same in requested a rezoning of property the Office of the County Recorder, located at 2218 Rochester Avenue Johnson County, Iowa, at the from Low Density Single Family Owner's expense, upon the final Residential (RS -5) to Low Density passage, approval and publication Multi Family Residential (RM -12); of this ordinance, as provided by and law. WHEREAS, the Comprehensive SECTION V. RFPEALER. All ordi- Plan indicates that indicates that names and parts of ordinances in the property is appropriate for Low conflict with the provisions of this to Medium Density Multi - Family Ordinance are hereby repealed. Residential development; and SECTION VI . SEVFRABII ITY If any WHEREAS, the Planning and section, provision or part of the Zoning Commission has the Ordinance shall be adjudged to be reviewed the proposed rezoning invalid or unconstitutional, such and determined that it complies adjudication shall not affect the with the Comprehensive Plan validity of the Ordinance as a whole appropriate vehicle driveway and or any section, provision or part access, the addition of a cross thereof not adjudged invalid or access easement; and general con- unconstitutional. formance with the concept site SECTION VII. EFFECTIVE DATE plan; and This Ordinance shall be in effect WHEREAS, Iowa Code §414.5 after its final passage, approval and (2011) provides that the City of Iowa publication, as provided by law. City may impose reasonable condi- Passed and approved this 10th tions on granting an applicant's day of January, 2012. rezoning request, over and above s/Matthew J. Hayek, Mayor existing regulations, in order to sat- Attest: s/Marian K. Karr, City Clerk isfy public needs caused by the requested change; and CONDITIONAL ZONING WHEREAS, the owner and appli- AGREEMENT cant has agreed that the property THIS AGREEMENT is made shall be developed in accordance between the City of Iowa City, Iowa, with the terms and conditions of the a municipal corporation (hereinafter Conditional Zoning Agreement "City ") and Apartments Downtown, attached hereto to ensure appropri- LLC (hereinafter "Owner "). ate development in this area of the WHEREAS, Owner is the legal title city. holder of approximately 0.88 acres NOW, THEREFORE, BE IT of property located at 2218 ORDAINED BY THE CITY COUNCIL Rochester Avenue; and OF THE CITY OF IOWA CITY, WHEREAS, the Owner has IOWA: requested the rezoning of said SECTION I APPROVAL. Subject to property from Low Density single the Conditional Zoning Agreement Family Residential (RS -5) to Low attached hereto and incorporated Density Multi Family Residential herein, property described below is (RM -12) zone; and hereby reclassified from its current WHEREAS, the Planning and zoning designation of RS -5 to Zoning Commission has deter - RM-12: mined that, with appropriate condi- Auditor's Parcel 2000020, in tions regarding appropriate vehicle accordance with Plat thereof driveway and access, the addition Recorded in Plat Book 43, at Page of a cross access easement, and 320, of the Records of the general conformance with the con - Johnson County Recorder's cept site plan, the requested zoning Office. Containing 0.07 Acre. is consistent with the Comprehensive Plan; and And Also: WHEREAS, Iowa Code §414.5 Auditor's Parcel 2000079, in (2011) provides that the City of Iowa accordance with Plat thereof City may impose pose reasonable c Recorded in Plat Book 43, at Pa Sae n lions on granting an applicant's ant's 321, of the Records of the rezoning request, over and above Johnson County Recorder's existing regulations, in order to set- Office. I* public needs caused by the Containing 0.81 Acre. requested change; and Resultant Rezoning Parcel con- WHEREAS, the Owner acknowl- tains 0.88 Acre, and is subject to edges that certain conditions and easements and restrictions of. restrictions are reasonable to SECTION 11, ZONING MAP. The ensure the development of the building official is hereby authorized property is consistent with the and directed to change the zoning Comprehensive Plan and the need map of the City of Iowa City, Iowa, for neighborhood compatibility and to conform to this amendment upon traffic safety; and the final passage, approval and WHEREAS, the Owner agrees to publication of the ordinance as develop this property in accordance approved by law. with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Apartments Downtown, L.L.C. is the legal title holder of the prop- erty legally described as: Auditor's Parcel 2000020, in accordance with Plat thereof Recorded in Plat Book 43, at Page 320, of the Records of the Johnson County Recorder's Office. Containing 0.07 Acre. And Also: Auditor's Parcel 2000079, in accordance with Plat thereof Recorded in Plat Book 43, at Page 321, of the Records of the Johnson County Recorder's Office. Containing 0.81 Acre. Resultant Rezoning Parcel con- tains 0.88 Acre, and is subject to easements and restrictions of record 2. The Owner acknowledges that the City wishes to ensure confor- mance to the principles of the Comprehensive Plan and the Central district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezon- ing request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agree that development of the subject property will con- form to all other requirements of the zoning chapter, as well as the following conditions: a. Vehicular access to the multi- family structure shall be pro- vided via Rochester Avenue, in a location shown on the concept site plan to mitigate traffic conflicts at the inter- section of Rochester Avenue and First Avenue. No vehicu- lar access shall be provided from First Avenue; b. Owner shall grant a 25' wide vehicular access easement for the benefit of the property locally known as 2208 Rochester Avenue in the loca- tion shown on the attached concept site plan; c. General compliance with the concept site plan attached hereto and made part of this agreement by this reference. 2. The Owner and City acknowl- edge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 3. The Owner and City acknowl- edge that in the event the sub- ject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. �) �. a 8 The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all suc- cessors, representatives, and assigns of the parties. The Owner acknowledge that nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 10th day of January, 2012. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk APARTMENTS DOWNTOWN, INC. OWNER s/James A. Clark January 19, 2012 N ORS =L 120 iawr ctrrrx — Julie Voparil From: Julie Voparil Sent: Friday, February 03, 2012 10:48 AM To: rshalla @press - citizen.com' Cc: legals @press - citizen.com Subject: FW: Discrepancy in ordinance published Attachments: 20120203104017953.pdf; ord12 -4461 Rezoning 2218 RochesterAve.doc Lisa, I noted that when I was reconciling my monthly publications that Ordinance 12 -4461 published on 1/19/12 had some discrepancies. I am attaching what was published in the newspaper and what I sent in for publication. The discrepancy noted was in the numbering on pg. 2 after a,b,c. Should have been numbers 4, 5, 6, 7, 8. It appears that the text is OK and I am not asking that this be republished. However, would it help if, in the future, I ask that extra spaces NOT be taken out? (I know that sometimes with automatic numbering spaces taken out sometimes changes the numbering sequence.) Please let me know. Julie Voparil City of Iowa City City Clerk Office 410 E. Washington Street Iowa City, IA 52240 (319) 356 -5040 I r i 4 1 7A CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4462 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of January, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on February 2, 2012. Dated at Iowa City, Iowa, this 8th day of March 2012. Julie <. Voparil Deputy City Clerk Printer's Fee $ a 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, _RQIf,R 5"w P+r,Qrz , 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): CGR 1(a k `( 2- Za L Z Legal Cl Subscribed and sworn to efor F me this _ -2 day of A.D. 20_ ,2 Notary Public LINDA KROTZ Commission Number 732619] My Commissoor► Expires a• January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4462 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, Subsection B, TO AMEND THE REQUIREMENTS FOR NON -BAR AND ENTERTAINMENT VENUE EXCEPTIONS. WHEREAS, the Partnership for Alcohol Safety (PAS) has made a series of proposals to the City for amending the City's Under 21 ordi- nance; and WHEREAS, the PAS proposals are largely geared toward leveling the playing field for bars and non -bars with liquor licenses and exception certificates; and WHEREAS, the PAS recommen- dations come with the a significant amount of support from the bar community; and WHEREAS, after the passage of time under the Under 21 ordinance the City has seen the need to make some minor amendments to improve the ordinance in further- ance of Council intent; and WHEREAS, mandating that sev- eral criteria and standards be set by Council via resolution will allow for greater Council flexibility speed with which to respond to problems as they develop; and WHEREAS, it is in the best interest of the City to adopt this amend- ment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, Subsection B, is hereby amended by deleting it in its entirety and replacing it with the following language: A. However, the provisions of sub- section A of this section shall not apply when: (Ord. 03 -4073, 5 -6- 2003, eff. 8 -1 -2003) 1. The person under the legal age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on that premises, and is on the premises during his or her scheduled work hours. 2. The person under the legal age is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2 -6 -3 of this code who is the legal age or older. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 3. The licensee or permittee applies for and qualifies for an exception certificate from the Chief of Police, or his or her des- ignee, as follows: a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the City Clerk a verified statement from an accountant which establishes that on average over a calendar year more than fifty percent (50 %) of the licensee's or permit - tee's gross sales on the premises are from the sale of goods or services other than alcoholic bev- erages, wine or beer. Income from fees charged to gain entry to or remain on the premises, such as cover charges, as well as drink mixes, or any part of an alcoholic beverage as defined in chapter 123 of the state code are to be counted as alcohol sales. Any purchases required to gain entry shall be considered cover charg- es. Ticket sales for any event performed on stage in a theater in which the entire audience area is consistent with traditional theater seating shall be counted as non - alcohol sales. The statement shall recite the actual percentage of non - alcohol sales, as defined herein, and be based on records made in the regular course of the licensee's or permittee's busi- ness. In order to qualify for an exception certificate, applicants must possess a trailing twelve (12) month Possession of Alcohol Under the Legal Age (PAULA) ratio below the allowable limit, as defined and set by City Council by resolution. b. In addition to the aforemen- tioned statement, proof of qualifi- cation for the exception may include the business records on which the statement is based, profit and loss statements, state and federal tax records, applica- tions for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased, which records shall be made available to the Chief of Police or designee for review upon request. The Chief of Police or designee may require an audit of the establishment by an auditor selected by the Chief of Police or designee, which audit will be performed at the expense of the applicant. In that event, the applicant must submit a deposit to the City in an amount set by City Council via resolution for the payment of the audit. At the conclusion of the audit, any additional costs over the deposit amount must be paid by the applicant before an application will be considered further. Any surplus funds from the deposit will be promptly returned to the applicant. Failure to submit the deposit or pay costs of the audit will result in a denial of the appli- cation. The factors the Chief of Police or designee will consider in determining whether to require an audit will be established by resolution of the City Council, but the final decision to require an audit will be that of the Chief of Police or designee. c. If the Chief of Police or desig- nee determines that the licensee has satisfied the above require- ments an exception certificate shall be issued. d. An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. e. A new licensee or permittee, as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose is not the sale of alco- holic beverages, wine or beer may obtain a temporary six (6) month exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection B3 of this section and the licensee or permittee submits an affidavit which details the nature of the new establish- ment and the anticipated per- centage of sales of food and nonalcoholic beverages. At the end of the six (6) month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accor- dance with subsections B3a through B3c of this section if sales during the six (6) month period support an exception, and the licensee or permittee has met the PAULA ratio requirement ref- erenced in 63a. No more than one (1) temporary exception cer- tificate may be granted for any location within a three (3) year period. Applicants who sign an affidavit pursuant to this subpara- graph but fail to secure renewal of the exception certificate fol- lowing the six (6) month certifi- cate for the subject location may not be awarded an exception certificate for any other new loca- tion within three (3) years of the granting of the subject six (6) month certificate. f. To be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the exception certificate issued by the Chief of Police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or per- mitted establishments'. In addi- tion, the licensee or permittee must provide staff of sufficient number and capability to monitor all patrons to prevent underage possession of alcohol. (Ord. 03- 4073,5 -6 -2003, eff. 8-1-2003) g. Revocation: Exception certifi- cates may be revoked by the Chief of Police, or designee, for good cause. Licensees or permit - tees may appeal a revocation to the City Manager or designee by filing a written notice of appeal with the City Clerk within ten (10) days of the mailing, by first class mail, of the revocation decision. Appeals will ordinarily be heard no later than fourteen (14) days, and in no event later than thirty (30) days, following the filing of an appeal in the office of the City Clerk. In the event of a revoca- tion, the licensee may continue to operate with their exception certificate until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager or designee, until after the City Manager or designee has issued his or her ruling on appeal. In the event the City Manager or designee affirms the revocation, the establishment's exception certificate will expire seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as deter- mined solely by the Chief of Police, rises above the maximum allowed PAULA ratio, as estab- lished by City Council by resolu- tion; or (3) Where the establishment has failed to cooperate fully with the police department; or (4) Where continued operation under the exception certificate would be detrimental to the safe- ty, health, and welfare of the resi- dents of the city. (5) Revocations shall last twelve (12) months. Following the peri- od of revocation, the applicant may re -apply for an exception certificate. 4. The person under the legal age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the Chief of Police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alco- holic beverages will be out of sight and reach of patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certifi- cate shall be posted at every entrance to the licensed establish- ment in view of patrons of the licensed or permitted establish- ment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursu- ant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consum- ing or possessing alcoholic bever- ages on said premises. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 5. The person under the legal age is a patron of an "authorized entity" which has entered into an agree- ment with the city for use of an "authorized site" in a city park, pursuant to subsection 4 -5 -3D of this chapter. (Ord. 04 -4123, 4 -20- 2004; amd. Ord. 10 -4388, 4 -6- 2010, eff. 6 -1 -2010) 6. The person under the legal age is on the alcohol free portion of the premises during a time that the licensee or permittee has, in accor- dance with a written notice and plan given in advance to and approved by the Chief of Police or designee, divided the premises into alcohol free and alcohol per- mitted sections. Said plan must provide a method by which alco- holic beverages will be out of sight and reach of underage patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establish- ment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursu- ant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consum- ing or possessing alcoholic bever- ages on said premises. In addition, the following requirements must be met: a. The physical setup and separa- tion of the alcohol free and alcohol permitted portions of the estab- lishment must earn prior approval by the director of housing and inspection services, or designee, for matters of safety and code compliance, including, but not limited to, occupancy, bathrooms and exits. b. Both the alcohol free and alco- hol permitted portions of the establishment shall include city code compliant bathrooms. c. The director of housing and inspection services may, but is not required to, allow those establish- ments with a PAULA ratio under that set by City Council by resolu- tion during the trailing twelve (12) months prior to the event applica- tion, to permit patrons of both the alcohol free and alcohol permitted spaces to share the same bath - roorhs, as long as the establish- ment strictly enforces a rule pro- hibiting alcoholic beverages in the bathrooms. For purposes of this section, the PAULA ratio shall be based on the twelve (12) PAULA reports immediately preceding the licensee's event application, all as calculated by the Chief of Police, or designee. d. The alcohol free and alcohol permitted, portions of the estab- lishment must be separated by one hour construction walls and doors, as approved by the director of housing and inspection servic- es, or designee, or comparable barriers, as approved by the Chief of Police, or designee. e. It shall be the strict duty of the licensee to exclude those under legal age from the alcohol permit- ted area, and to exclude all alco- holic beverages from the alcohol free area. f. All patrons of legal age must be marked with a wristband indicat- ing they are of age. All patrons under legal age must be marked indicating they are under legal age. (Ord. 10 -4411, 10 -26 -2010) 7. The licensee or permittee applies for, qualifies for, and is granted an entertainment venue exception certificate: a. Requirements: In order for an entertainment venue exception certificate to be issued by the Chief of Police, or designee, the establishment must demonstrate, to the satisfaction of the Chief of Police, or designee, that all the following requirements have been met: (1) The venue has hosted and will continue to host shows on at least one hundred fifty (150) cal- endar days each year; and (2) The venue has a permanently installed (not risers) and dedicat- ed performance stage of at least eight feet by six feet (8' x 6') in dimension, which shall never be used for any purpose other than by performers during shows; and (3) The venue must distribute at least fifty percent (50 %) of any fees charged to gain entry to or remain on the premises, includ- ing, but not limited to, cover charges and ticket sales, from the period of opening until closing, to the show performer(s) within forty eight (48) hours of the completion of the show; and (4) The venue subscribes to at least one industry tracking ser- vice, such as Pollstar Pro, or comparable alternative; and (5) The venue has a PAULA ratio, as determined solely by the Chief of Police or designee, of no greater than that allowed by City Council, as established by reso- lution; and (6) The venue has permanently installed professional light and sound; and (7) The venue marks all patrons of legal drinking age with a wrist- band, and marks all patrons under legal drinking age with either a wristband of a different color from the legal age patrons, or permanent marker on the hand; and (8) The venue provides staff of sufficient number and capability to monitor all patrons at all shows; and (9) The venue provides to the Chief of Police, or designee, a report of all upcoming show dates at least seven (7) days prior to any show; and (10) The venue provides to the Chief of Police, or designee, reports detailing all dates on which a show took place, includ- ing the name of the performer(s) for each show, which reports shall be due no later than the ninetieth, one hundred eightieth, two hundred seventieth, and three hundred sixtieth day follow- ing issuance of the entertainment venue exception certificate; and (11) The venue employs at least one salaried employee responsi- ble for booking shows by per- formers, and promptly provides both the employee name and most recent salary paystub upon request from the city; and (12) The venue employs only TIPS certified bartenders and servers on any show date; and (13) The venue allows city inspec- tion, at any time and for any rea- son, of the venue, professional sound and lighting equipment, and show and performer financial records, including, but not limited to, show settlement sheets. b. Duration: Entertainment venue exception certificates shall be valid for one year, or until expira- tion of the premises liquor license, whichever is sooner. c. New Businesses: New busi- nesses may be granted an enter- tainment venue exception certifi- cate by satisfying all requirements of subsection B7a of this section, save subsections B7a(1) and B7a(5) of this section. For estab- lishments previously operating under the same or substantially similar ownership and /or manage- ment, the PAULA ratio restrictions of subsection B7a(5) of this sec- tion apply, and will be utilized in assessing the establishment's application. For establishments not previously meeting the mini- mum show day requirements of subsection B7a(1) of this section, a credible business plan must be accompanied by a notarized affi- davit by the establishment owner (or largest shareholder) attesting that the establishment will meet all requirements of subsection B7a of this section. d. Revocation: Entertainment venue exception certificates may be revoked by the Chief of Police, or designee, for good cause. Venues may appeal a revocation to the City Manager or designee by filing a written notice of appeal with the City Clerk within ten (10) days of the mailing, by first class mail, of the revocation decision. Appeals will ordinarily be heard no later than fourteen (14) days, and in no event later than thirty (30) days, following the filing of an appeal in the office of the City Clerk. In the event of a revocation, the venue may continue to oper- ate as an entertainment venue until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager, or designee, until after the City Manager, or designee, has issued his or her ruling on appeal. In the event the City Manager affirms the revocation, the venue's entertain- ment venue exception privileges will cease seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as deter- mined solely by the Chief of Police, rises above the maximum allowed PAULA ratio set by City Council, as established by reso- lution; or (3) Where the venue has failed to cooperate fully with the police department; or (4) Where the venue has failed to maintain compliance with all requirements of subsection B7a of this section; or (5) Where continued operation under the entertainment venue exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. (6) Revocations shall last twelve (12) months. Following the peri- od of revocation, the applicant may re-apply for an exception certificate. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITI. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV, EFFECTIVE DATE. This Ordinance shall be effective May 1st, 2012. Passed and approved this 24th day of January, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk. vc.6000002375 February 2, 2012 �_ 'w � r i 14 M06 .ai._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4463 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of February, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 1, 2012. Dated at Iowa City, Iowa, this 2nd day of April 2012. �\ K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, R )kj,e SuJ "-r .. 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): i Subscribed and sworn to before me this 1hS/- day of .D. 20�_- Notary Public Wflat LINDA KROTZ Commission Nt rdw 73261 o� My JComrrM'ssl �ot1 � a pim OFFICIAL PUBLICATION ORDINANCE NO. 12 -4463 ORDINANCE REZONING APPROXIMATELY 4.3 ACRES LOCATED AT 1920 Prairie du Chien Road FROM Low Density Single Family Residential (RS -5) TO Rural Residential (RR -1). (REZ11- 00019) WHEREAS, the applicants, Gregory and Lorie Ginneberge, have requested a rezoning of prop- erty located at 1920 Prairie du Chien Road (including the property located at 1880 Prairie du Chien Road) from Low Density Single Family (RS -5) to Rural Residential(RR -1); and WHEREAS, the Comprehensive Plan indicates that the property is appropriate as Public /Private Open Space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has determined that it com- plies with the Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL, Property described below is hereby reclassi- fied from its current zoning desig- nation of Low Density Single Family (RS -5) to PARCELIONEal (RR -1): 1920 Prairie Du Chien Road, Iowa City, Iowa, legally described as: LOT SEVEN. (7) IN YODER SUBDIVISION OF PARCEL IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M., ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 408, PLAT RECORDS OF JOHNSON COUNTY, IOWA, EXCEPTING FROM SAID LOT 7 ALL THAT PART THEREOF CONDEMNED BY THE STATE OF IOWA FOR HIGHWAY PURPOSES, AS SHOWN BY CONDEMNATION PROCEEDINGS RECORDED IN BOOK 254, PAGE 79, IN THE OFFICE OF THE RECORDER OF JOHNSON COUNTY, IOWA, AND BEGINNING AT A CONCRETE MONUMENT PURPORTING TO BE THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M.; THENCE S 89 °01'E, 12.25 FEET; THENCE NO °33'W, 337.15 FEET; THENCE N87 °32'W 648.7 FEET; THENCE S 4 °41'E, 102.98 FEET; THENCE S 78 °23'W, 45 FEET; THENCE 87 °24'E, 436.75 FEET; S 1 "41'W, 268.84 FEET; THENCE S 89 °01'E, 246.38 FEET TO THE PLACE OF BEGINNING AND COMPRISING AN AREA OF 2.812 ACRES MORE OR LESS, AND A PARCEL OF LAND LOCATED IN THE SE 1/4 SE 1/4 OF SECTION 34, TWP. 80 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID SECTION 34, THENCE WEST 669.0 FEET ALONG THE SOUTH LINE OF SAID SECTION, THENCE NORTHERLY 54.7 FEET ALONG A 573.0 FT. RADIUS CURVE, CONCAVE EASTERLY AND TANGENT TO THE FOLLOWING COURSE, THENCE N 8 "24 1/2 'W 114.3 FT., THENCE EAST 51.4 FEET ALONG GRANTEE'S SOUTH PROPERTY LINE, THENCE S 5 °03'E 103.0 FEET, THENCE S 76 "34 1/2 'W 45.0 FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS. ALL OF THE ABOVE IS SUBJECT TO EASEMENTS, AGREEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. EXCEPTING THEREFROM: AUDITOR'S PARCEL #2006008 BEING PART OF LOT 7 IN YODER SUBDIVISION AND PART OF LAND DESCRIBED AS THE WOODBURN *PARCEL IN SURVEY RECORDED IN BOOK 8, PAGE 71 IN THE SE 1/4 OF SECTION 34 AND ALSO BEING PART OF THE SW 1/4 ,1 OF SECTION 35 ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE SE CORNER OF SAID SECTION 34; THENCE S 89 °52'38 "W, 246.31 FEET; THENCE N 00 °41'30 "E, 268.87 FEET; THENCE S 86 °22'17 "W, 436.88 FEET TO THE EASTERLY RIGHT OF WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE ALONG SAID RIGHT OF WAY N 07 °40'48 "W, 60.15 FEET; THENCE N 86 022'17 "E 337.52 FEET; THENCE N O6 °06'43 "W, 135.14 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 80; THENCE ALONG SAID RIGHT OF WAY S 69 °40'13 "E, 86.54 FEET; THENCE S 87 °56'12 "E, 99.64 FEET; THENCE S 88 °26'25 "E, 182.71 FEET; THENCE S 02 °42'55 "E, 80.84 FEET; THENCE 01 °41'11 "E, 336.71 FEET; THENCE S 89 040'37 "W, 12.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.31 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD. PARCEL TWO AUDITOR'S, PARCEL # 2006008 BEING PART OF LOT 7 IN YODER SUBDIVISION AND PART OF LAND DESCRIBED AS THE WOODBURN TRACT IN SURVEY RECORDED IN BOOK 8, PAGE 71 IN THE SE 1/4 OF SECTION 34 AND ALSO BEING PART OF THE SW 1/4 OF SECTION 35 ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE SE CORNER OF SAID SECTION 34; THENCE S 89 052'38" W, 246.31 FEET; THENCE N 00 041'30" E, 268.87 FEET; THENCE S 86 °22'17" W, 436.88 FEET TO THE EASTERLY RIGHT OF WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE ALONG SAID RIGHT OF WAY N 07 °40'48" W, 60.15 FEET; THENCE N 86 022'17" E, 337.52 FEET; THENCE N 06 006'43" W, 135.14 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 80; THENCE ALONG SAID RIGHT OF WAY S 69 040'13" E, 86.54 FEET; THENCE S 87 056'12" E, 99.64 FEET; THENCE S 88 °26'25" E, 182.71 FEET; THENCE S 02 042'55" E, 80.84 FEET; THENCE S 01 041'11" E, 336.71 FEET; THENCE S 89 040'37" W, 12.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.31 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD. SECTION II ZONING MAP, The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV.' REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are, hereby repealed. SECTION V SFVERABILITY. 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 6r part thereof not adjudged invalid or unconstitutional. SECTION Vl. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21 st day of February, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PG8000003" March 1, 2012 Ilk 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. 12 -4464 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of February, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 1, 2012. Dated at Iowa City, Iowa, this 2nd day of April 2012. K. Voparil Deputy City Clerk Printer's Fee $__'3L1 .O i CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): i Subscribed and sworn to befo •,e me this /S day of A.D. 20-J,2--. Notary Public LINDA KROTZ 4y Commission Nrrm w 732619 my Commission Expires �• January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4464 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 1, ENTITLED "PARKING PROHIBITED IN SPECIFIED PLACES," TO PROHIBIT PARKING ADJACENT TO A CURB EXTENSION. WHEREAS, curb extensions, also bu known as mp -outs, bulb -outs or neckdowns, extend the sidewalk or curb line out into the parking lane; WHEREAS, curb extensions improve pedestrian crossings by reducing the pedestrian crossing distance, improving the ability of pedestrians and motorists to see each other, and reducing the time that pedestrians are in the street; WHEREAS, because the City Code allows commercial vehicles to park in the traffic lane if there is not an open parking space within 150 feet, commercial vehicles can park adjacent to a curb extension as long as they are 15 feet from the intersection; WHEREAS, commercial vehicles parking adjacent to a curb exten- sion raises safety issues especially with taxis after dark; and WHEREAS, it is in the City's best interest to prohibit parking adja- cent to curb extensions. 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 1 entitled "Definitions, Administration and Enforcement of Traffic Provisions," Section 1, entitled "Definitions," is hereby amended by adding the following new defini- tion: Curb extension: Sidewalk seg- ments that extend into the roadway at an intersection or mid -block crossing. A traffic calming mea- sure also known as bump -outs, bulb -outs or neckdowns. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4 entitled "Parking Regulations," Section 1, entitled "Parking Prohibited in Specific Places," Subsection A is hereby amended by adding a new paragraph 21: Adjacent to a curb extension even if it is a commercial vehicle and there is no parking space, loading zone or other space avail- able within one hundred fifty feet (150') of any building where pick up or delivery is to be made. SECTION 11 REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECT ^N IV EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 21st day of February, 2012. s /Matthew J Hayek, Mayor Attest: s /Marian K Karr, City Clerk PC- 0000W=7 March 1, 2012 I �nRR, wW®�9� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240 -1826 (3 19) 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. 12 -4465 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of February, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 1, 2012. Dated at Iowa City, Iowa, this 2nd day of April 2012. \\ Julie K. Voparil Deputy City Clerk Printer's Fee $ 3 .11p 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, D (z Sjel Acid -C: 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 4rk Subscribed and sworn to before me this rs.A. day of A.D. 20-4,iL._. Notary Public � 4 LINDA KROTZ Commission N WIW 73261 My or 1E>Kplin OFFICIAL PUBLICATION ORDINANCE NO. 12 -4465 AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2012, AKA "CITY CODE." WHEREAS, Section 380.8 of the Code of Iowa, 2011, requires that at least once every five years a city shall adopt a code of ordinances; and, WHEREAS, on April 4, 2006 the City Council adopted the City Code of Iowa City, Iowa; and, WHEREAS, the City of Iowa City adds new ordinances and amend- ments upon passage by supple- mentation to the City Code itself; and, WHEREAS, if a proposed code of ordinances contains only existing ordinances which have been edit- ed and compiled without substan- tive changes, the council may adopt such code without notice of public hearing; and, WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances under the stat- ute, without any substantive changes proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 compila- tion of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing 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 Il. It is hereby adopted, as a method of perpetual codifica- tion, the loose -leaf type of binding together with the continuous sup- plement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the prop- er 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 III. It 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. SECTION IV All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. SECTION V. A code of ordinances, containing only the current and existing ordinances edited and compiled without change in sub- stance, shall be and hereby is adopted as the City Code, 2012. Passed and approved this 21 st day of February, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk vc- 6000003" March 1, 2012 I r -4 Mhal All k1waW 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. 12 -4466 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of February, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 1, 2012. Dated at Iowa City, Iowa, this 2nd day of April 2012. \\ �'V , � � a 13 Julie K. Voparil Deputy City Clerk �>` . l z -4 y b tQ (� c Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _j_ time(s), on the following date(s): Legal C k Subscribed and sworn to be or me this W. day of A.D. 20_1. Notary Public LIN6 KROTZ ' Commission Nuntm 732619 • • AAy COffNniS8i0f1 EII(IIfeS �« Januaf�f 27, Z01� � OFFICIAL PUBLICATION ORDINANCE NO. 12 -4466 ORDINANCE AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC ", CHAPTER 1, "DEFINI- TIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS ", SECTION 1, "DEFINITIONS"; AND AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC ", TO ADD A NEW CHAPTER 11, AUTOMATIC TRAFFIC ENFORCEMENT, TO ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT WHEREAS, the City of Iowa City is vested with home rule authority pursuant to Article III, Section 38A of the Iowa Constitution and Chapter 364 of the Code of Iowa; and WHEREAS, the City of Iowa City is located in a high- density traffic area and regularly experiences traffic incidents related to the fail- ure of motorists to obey duly erect- ed traffic control devices, exposing its citizens to the dangers of per- sonal injury and property damage; and WHEREAS, the City is concerned with the violation of State statues concerning traffic signals, specifi- cally the failure of motorists to stop at red lights and obey 'no turn on red signs;' and WHEREAS, apprehending motor- ists who fail to obey traffic control devices through law enforcement observance, chase, and citation is difficult, dangerous, and expensive and requires the City to commit additional personnel that would not be necessary with the use of automated traffic infraction detec- tors with image capture technolo- gies (i.e., red -light cameras); and WHEREAS, local governments in different parts of the State of Iowa and nation have demonstrated that the combination of traffic infraction detectors with traditional traffic law enforcement methods enhances vehicular and pedestrian safety; and WHEREAS, automated traffic enforcement laws are authorized both by Iowa home rule and the Iowa Supreme Court, in Cily of Davenport v Seymour, 755 N.W.2d 533 (Iowa 2008), all of which rec- ognize the rights of municipalities to utilize traffic infraction detectors to regulate municipal traffic; and WHEREAS, the City of Iowa City finds that implementation of the enforcement program set forth in this ordinance will promote, pro- tect, and improve the health, safe- ty, and welfare of its citizens con- sistent with the authority of and limitations on the City pursuant to case law, the Constitution of the State of Iowa, and the Code of Iowa. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS Title 9, "Motor Vehicles and Traffic ", Chapter 1, "Definitions, Administration and Enforcement of Traffic Provisions ", Section 1, "Definitions" is amended by add- ing the following defined terms: 1. AUTOMATED TRAFFIC CITATION: A notice of fine gener- ated in connection with the auto- mated traffic enforcement system. 2. AUTOMATED TRAFFIC ENFORCEMENT CONTRACTOR: The company or entity, if any, with which the City of Iowa City con- tracts equipment and /or services in connection with the Automated Traffic Enforcement System. 3. AUTOMATED TRAFFIC ENFORCEMENT SYSTEM: An electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photo- graphs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. VEHICLE OWNER: The per- son or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. Title 9, "Motor Vehicles and Traffic ", Chapter 11, "Automated Traffic Enforcement" is added as follows: 1. General. The City of Iowa City, in accordance with its police powers, may deploy, erect or cause to have erected an auto- mated traffic enforcement system for making video images of vehi- cles that fail to obey red light traffic signals at intersections designated by the city manager, or a designee. The systems may be managed by the private contractor that owns and operates the requisite equip- ment with supervisory control vest- ed in the city's police department. Video images shall be provided to the police department by the con- tractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of viola- tion for the offense. 2. Vehicle Owner's Civil Liability for Certain Traffic Offenses. A. The Vehicle Owner shall be liable for a fine if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. B. The violation may be exempted from liability as outlined below in section 5 of this chapter, and other defenses may be considered in connection with the appeal process. C. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. 3. Notice of Violation; Fine. A. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal moni- toring device. The Automated ( , - t", — L-k -t b b �.a. OFFICIAL PUBLICATION Owner guilty of the municipal Traffic Enforcement infraction, state mandated Contractor shall mail the court costs will be added to notice within 30 days after the amount of the fine receiving information about imposed by this chapter. the Vehicle Owner. The notice 5. Exceptions to Owner Liability. shall include the name and There shall be no liability pur- address of the Vehicle Owner; suant to this chapter if: the vehicle make, if available A. The operator of the vehicle and readily discernible, and in question was issued a uni- registration number; the vio- form traffic citation for the lation charged; the time; the violation in question pursuant date; and the location of the to Title 9 of the Iowa City alleged violation; the appli- Code or Iowa Code Chapter cable fine and monetary pen - 321 (2011) as amended; or alty which shall be assessed B. The violation occurred at for late payment; information any time after the vehicle in as to the availability of an question or its state registra- administrative hearing in tion plates were reported to a which the notice may be con- law enforcement agency as tested on its merits; and that having been stolen, provided, the basis of the notice is a however, the vehicle or its photographic record obtained plates had not been recov- by an Automated Traffic ered by the Vehicle Owner at Enforcement System. the time of the alleged viola - B. Any violation of section 2 tion; or of this chapter shall result in a C. The vehicle in question civil fine issued to the Vehicle was an authorized emergen- Owner in an amount set by cy vehicle; or City Council by resolution, D. The officer inspecting the payable to the City of Iowa recorded image determines City. that the vehicle in question 4. Contesting an Automated was lawfully participating in a Traffic Citation. funeral procession; or A Vehicle Owner who has E. The officer inspecting the been issued an Automated recorded image determines Traffic Citation may contest that the vehicle in question the citation as follows: reasonably entered the inter - A. By submitting, in a form section in order to yield the specified by the City, a right -of -way to an emergency request for an administrative vehicle. hearing to be held at the Iowa 6. Failure to Timely Pay or City Police Department Appeal. If the recipient of an before an administrative Automated Traffic Citation does appeals board (the "Board ") not either pay the fine by the due consisting of one or more date stated in the citation or appeal impartial fact finders. Such a the citation as provided herein, late request must be filed within fees may be assessed, as, 30 days of the date on which approved by City Council through Notice of the violation is sent resolution, and /or a municipal to the Vehicle Owner. After a infraction citation may be filed by hearing, the Board may either the Iowa City Police Department uphold or dismiss the and a fine may be sought in accor- Automated Traffic Citation dance with Iowa City Code Title 1, and shall mail its written deci- Chapter 4, Section 2(B), Violations, sion within 10 days after the Penalties and Alternative Relief, hearing to the address pro- rather than section 3 above. If the vided on the request for hear- Court finds the Vehicle Owner ing. If the citation is upheld, guilty of the municipal infraction, then the Board shall include State mandated court costs Will be in its written decision a date added to the amount of the fine by which the fine must be imposed by this section. paid, and on or before that SECTION II REPEALER. All ordi- date the Vehicle Owner shall nances and parts of ordinances in either pay the fine or submit a conflict with the provision of this request for a judicial hearing Ordinance are hereby repealed. pursuant to section 4(B) of SECTION III SEVERABILITY. If any this chapter. section, provision or part of the B. By submitting, in a form Ordinance shall be adjudged to be specified by the City, a invalid or unconstitutional, such request that in lieu of the adjudication shall not affect the Automated Traffic Citation, a validity of the Ordinance as a municipal infraction citation whole or any section, provision or be issued and filed with the part thereof not adjudged invalid or Small Claims Division of the unconstitutional. Iowa District Court in SECTION IV EFFECTIVE DATE. Johnson County. Such a This Ordinance shall be effective request must be filed within upon publication. 30 days from the date on Passed and approved this 21st which Notice of the violation day of February, 2012. is sent to the Vehicle Owner. Such a request will result,in a s /Matthew J. Hayek, Mayor court order requiring the Attest: s/Marian K. Karr, City Clerk Vehicle Owner to file an answer and appearance with the Clerk of Court, as well as PC- 6000003332 March 1, 2012 setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle � r 1 A'� ++'� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www,icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4467 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 29, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. Ju . Voparil Deputy City Clerk Printer's Fee $ A. 14 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, R o &gz tko •a-T being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): 44 A 411, IA ?nA � _ t'g Legal Cler Subscribed a d sworn to before me this ay of a,A .,4 A.D. 20-Aal—. Notary Public ,.L LINDA KROTZ Commission Number 732619 My Canmis m ExgreS Jr ar __Z7, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4467 ORDINANCE REZONING APPROXIMATELY 1.25 ACRES LOCATED AT 108 MCLEAN FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO planned development overlay /neIGH- BORHOOD STABILIZATION (opD /rns -20). (REZ12- 00002) WHEREAS, the applicant Parish Apartment LLC, has requested a rezoning of property located at 108 McLean from Neighborhood Stabilization Residential zone (RNS -20) to Planned Development Overly /Neighborhood Stabilization Residential zone (OPD /RNS -20); and WHEREAS, the property contains a protected slope with grades exceeding 40% as well as a grove of oak trees; and WHEREAS, the applicant is pro- posing to convert the existing his- toric structure on the site to 16 one - bedroom apartments; and WHEREAS, the applicant is requesting a buffer reduction in order to allow a 12 -space parking area and dumpster pad within the buffer on the east side of the build- ing and up to 5 additional spaces to the west of the building; and WHEREAS the sensitive areas provision of the zoning code allows a buffer reduction if a geologist of professional engineer demon- strates to the satisfaction of the City that the proposed develop- ment activity is designed to elimi- nate hazards and will not under- mine the stability of the slop or buffer area; and WHEREAS, the applicant's engi- neer has submitted a Sensitive -Areas Development Plan showing how the modified site will effec- tively manage stormwater run -off and control erosion; and WHEREAS, City Staff have reviewed the proposed plan and believe it will minimize damage to the grove of trees and will appro- priately control stormwater and erosion; and WHEREAS, the Comprehensive Plan contains policies that encour- age the protection of natural fea- tures and the preservation of his- toric structures; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of RNS -20 to OPD /RNS -20: LEGAL DESCRIPTION Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page 352, in the records of the Johnson County Recorder's Office, con- taining 1.25 acres, (54,498 square feet), and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 IVV, REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of March 2012. s/Susan Mims, Mayor Pro tem Attest: s /Marian K. Karr, City Clerk PC- 6000004561 March 29, 2012 =- r _4 f --"� >� ®��� -•mt.aan— 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. 12 -4468 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 29, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): r Subscribed and sworn to before me this day of `7213 A.D. 20-1,A _. Notary Public LINDA KROTZ _ IO 1>I Number My C ion I:I*eS Ja umv 27.2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4468 ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5, "MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS "INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ". WHEREAS, the same section of the City Code prohibits both inde- cent exposure and public urination, and therefore the same code sec- tion is cited whether the offense being charged is indecent expo- sure or public urination; WHEREAS, this amendment will create a separate code section for each of these offenses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTS. Title 8, "Police Regulations ", Chapter 5, "Miscellaneous Offenses ", Section 6, "Indecent Exposure and Conduct" is amend- ed by deleting it in its entirety and substituting the following in lieu thereof: 8 -5 -6 INDECENT EXPOSURE AND CONDUCT A. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttock, female breasts or pubes of such person to another not the person's' spouse or partner or to commit a sex act in the presence or view of another person except a spouse or partner, if: (1978 Code §24 -114; amd. 1994 Code) 1. The person does so to arouse or satisfy the sexual desire of either of them; and 2. The person knows or reason- ably should know that the act is offensive to the viewer. B. "Sex act" means any act, actu- al or simulated, which involves contact with human or animal gen- italia or the anus. This would include, but not be limited to, such acts as masturbation or sexual intercourse. 8 -5 -13 PUBLIC URINATION AND DEFECATION A. It shall be unlawful for any per- son to urinate or defecate in or upon any street, alley, public place or in any place open to public view, provided this subsection shall not apply to restrooms or public facili- ties designated for such purpose. (1978 Code §24 -114) SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of March, 2012. s /Susan Mims, Mayor Pro tern Attest: s /Marian K. Karr, City Clerk. PC-6000004e March 29, 2012 I r ul K, P IR ,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. 12 -4469 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 29, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. Julie . Voparil Deputy City Clerk Printer's Fee $ Ste. U _+ CERTIFICATE OF PUBLICATIOr STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZO FED.ID #42- 0330670 I, R o6 E2 being duly sworn, say that I am the legal clerk of the IOWA CIT I 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): A4AA&ok Z Legal Cl Subscribed and sworn to before me this ay of A.D. 20—Za—. Notary Public a LINDA KROTZ Commission NWrdw 732619 MY Cw i 1x0ft OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 12 -4469 ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE. WHEREAS, the Water Division recommends amending the City Ordinance Code Section 3 -4 -3 to correct the 'water service charged for the first 100 cubic feet or less of water used, based on meter size', which was inadver- tently changed in Ordinance # 10 -4399; and WHEREAS, the Water Division also recommends amending the City Ordinance Code Section 3 -4 -3 to clarify the water main extension fee; and WHEREAS, it is in the best interest of the public to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENTS: TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby amended by: A. Deleting the chart for 'Water service charges ... for first 100 cubic feet or less of water used, based on Meter size' it in its entirety and replacing it as follows: e. n^VAM a wATCG I I_CF ANTI SFRVICE Water Service Charge (16 -3A -4) for first 100 cubic feet or less of water used, based on meter size. Meter Size (inches) Charge 5/8 ", 5/8" x 3/4 " $6.41 3/4" $7.00 V. $8.26 1 1/2" $16.47 2" $22.14 3^ $40.91 4^ $71.37 6„ $143.61 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. B. Deleting the charts for 'Extension of major feeder lines (oversizing)' and 'Water Main Installation And Connection Fees' in their entirety and replacing them with the following: Extension of water mains $395.00 per acre SECTION II REPEALER All ordinances and parts of ordinances in conflict with the provision of the Ordinance are hereby repealed. SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be effective after its final passage, approval and publica- tion, as provided by law. Passed and approved this 20th day of March, 2012. s /Susan Mims, Mayor Pro ter Attest: s /Marian K. Karr, City Clerk PG800000458 March 29, 2012 � 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. 12 -4470 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 29, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. k�a J �. Vopari Deputy City Clerk Printer's Fee $_.� -/� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 19 ki2&199 5;VA9T-2-n 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 Legal Cl Subscribed and sworn to b fore me this day of A.D. 20�. Notary Public �'L +c LINDA KROTZ Cwniss NwIlI r 732619 o M� Ex* � OFFICIAL PUBLICATION ORDINANCE NO. 12 -4470 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW PLANTERS IN LIEU OF FENCING. WHEREAS, sidewalk cafes are a use of public sidewalks in the CB2, C135, and CB10 zones that require a temporary easement; and WHEREAS, after the first year dur- ing which temporary fencing is allowed, anchored fencing is required to delineate the cafe; WHEREAS, planters with flowers and/or other vegetation should be allowed as an alternative to fenc- ing; and WHEREAS, it is in the City's inter- est adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe Area," is hereby amended adding the following new Paragraph 3c: c. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: (1) The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. (2) The planters shall not be less than twenty -seven inches (27 ") or more than thirty -six inches (36 ") in height excluding plantings. (3) The planters shall be either metal or have a metal frame. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV, SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of March, 2012. s/Susan Mims, Mayor Pro tem Attest: s/Marian K. Karr, City Clerk Pae0000D45e2 March 29, 2012 I r Al CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4471 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 29, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. " �_' u ' K. Vopari Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): CIA 2=q, -Z v ► 2, 7a4 87 *,Ti��tk= Legal Cl k Subscribed apd sworn to before me this o:24_ day of A.D. 20-1.1---. Notary Public LINDA KROT2 Commission Nw dW 73261 My COmmISS m Expka I °�' Janusy 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO.12 -4471 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA N /K/A RIVERSIDE DRIVE URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN N /K/A RIVERSIDE DRIVE URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as pre- scribed by law and pursuant to Resolution No. 11 -335 passed and approved on the 18th day of October, 2011, adopted an Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area now known as the Riverside Drive Urban Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows: Beginning at a point on the southeast corner of Sturgis Corner Addition Part ll; Thence southerly to the center- line of U.S. Highway 6; Thence westerly along said cen- terline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the cen- terline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said rail- road centerline to a point that is 190', more or less, west of the point of intersection of the rail- road and the centerline of State Highwayl /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the center- line of S. Riverside Court; Thence west along said center- line to where it intersects with the extension of the west bound- ary of property described as fol- lows: Commencing 459.5' east of the SW corner of Lot 1; N100'; E60% S100% W60% Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said center- line, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adja- cent roads. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of reve- nue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1 That the taxes levied on the taxable property in the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the tax- ing districts upon the total sum of the assessed value of the taxable Property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of prop- erty tax revenue described herein, shall be allocated to and when col- lected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a spe- cial tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, wheth- er funded, refunded, assumed or otherwise, including bonds or obli- gations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as here - inabove provided. Section 4. Unless or until the total assessed valuation of the tax- able property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. tin 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be Paid into the funds for the respec- tive taxing districts in the same manner as taxes on all other prop- erty. i9ection 6. All ordinances or parts of ordinances in conflict with the Provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the divi- sion of taxes from property within the Urban Renewal Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provi- sions or application of the Ordinance which shall at all times be construed to fully invoke the Provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal'Area and the terri- tory contained therein. aection 7. This Ordinance shall be in effect after its final passage, approval and publication as pro- vided by law. Passed and approved this 20th day of March, 2012. s/Susan Mims, Mayor Pro tem Attest: s /Marian K. Karr, City Clerk Pc- 6000w° 6° March 29, 2012 � r j 4 44 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 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. 12 -4472 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 12, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 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): • ll� Subscribed apd sworn to be . me this �(�_ day of A.D. 20_ /62- . Notary Public A AL L(NDA Nuffinir KROTZ 32619 my Cww eO • J 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4472 AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT. WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide future uses and development in a direction con- sistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regula- tions while also providing for flexi- bility and relief from the strict appli- cation of zoning provisions so that properties can continue in produc- tive use over time; and WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended to pro- vide flexibility and in some cases relief from the current site develop- ment standards for nonconforming property as they redevelop, expand, or change uses over time; and WHEREAS, while recent changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, including screening and buffering parking areas, outdoor storage areas, and display lots from public sidewalks and neighboring properties, there are many older properties that are noncompliant with these new stan- dards; and WHEREAS, it is necessary to pro- vide more flexibility and relief in certain circumstances from the strict application of new site devel- opment standards that would not be feasible or practical or would unduly reduce the ability to use or re-use a property due to topogra- phy, location of existing buildings, or other site constraints. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting Section 14 -4E -8, Regulation of Nonconforming Development, and substituting in lieu thereof: 14 -4E -8 Regulation of Nonconforming Development A. General Provisions 1. Except as otherwise restricted, prohibited or allowed in this Article, a use or structure locat- ed on a lot that contains non- conforming development may be converted to a different use or altered, provided such change in use or alteration does not increase or extend the nonconformity and provided the applicable compliance standards listed in this section are met.. Alterations When alterations are made to a building or buildings on a prop- erty that contains nonconform- ing development, and the cost of said alterations is over the threshold values set forth in subparagraph a. below, the site must be brought into confor- mance with the development standards listed in subpara- graph b., up to the cap stated in subparagraph c. The value of the alterations is based on the entire project, not individual building permits. Mandatory improvements for fire, life safe- ty and accessibility do not count toward the thresholds. The stated thresholds are not cumulative. a. Thresholds triggering compliance (1)Alterations with a value 35 percent or greater than the assessed value of all improvements on the site, including sites with multi- ple tenants in one or more buildings; or (2) Alterations with a value of more than $25,000. b. Standards that must be met Development not in compli- ance with the development standards listed below must be brought into confor- mance or be granted a minor modification. Requirements or standards that Would not be feasible or practical or would unduly reduce the ability to use or re-use the property due to topography, location of existing build- ings, or other site con- straints, may be modified or waived by minor modifica- tion. The City, at its discre- tion, may also waive or mod- ify by minor modification any standards that cannot be met due to a conflict with any other requirement of this Title. (1) Screening of existing parking, loading, vehicu- lar use areas, and out- door storage and display areas along street -side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints; (2) Screening of existing parking, loading, vehicu- lar use areas, and out- door storage and display areas from the Iowa River or from any Parks and Open Space Use, includ- ing trails, according to the applicable screening standard. Setback requirements may be modified to address site constraints; (3) Outdoor lighting stan- dards; (4) Bicycle parking require- ments; (5) Street and residential tree requirements; (6) Design, layout, landscap- ing, and tree require- ments within parking areas; (7) Pedestrian circulation standards; (8) Screening of existing Parking, loading, vehicu- lar use areas, and out- door storage and display areas along side or rear lot lines. Setback require- ments may be modified to address site constraints; (9)Access management standards. c. Cap on the cost of compli- ance. The standards listed in sub- paragraph b. must be met for the entire site. However, where the cost of compli- ance with the standards enumerated in subpara- graph b above exceeds 10 Percent of the value " of the Proposed alteratignS, the site shall be brougli't into compliance with all site development standards up to this 10 percent cap. It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than 10 per- cent of the value of the pro- posed alterations to' the building or buildings on the site. If not all site improve- ments are being made due to the cost exceeding the cap, the extent and location of the site improv,$fnents below the cap will b6-deter- mined by the City and shall generally follow the order of priority listed in subpara- graph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to spe- cific site characteristics and traffic safety concerns in order to maximize the bene- fits of site improvements for site users, adjacent proper- ties, and the public. Demolished or Destroyed Site When a use is proposed for a property where the principal building(s) have been demol- ished or destroyed, but that contains nonconforming devel- opment, such as parking lot paving, exterior lighting, sig- nage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14 -5. New Site Development on sites with Nonconforming Site Development Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc, must comply with current applicable standards. Reconstruction or Re- establishment of Site Development Any nonconforming site ele- ments that are being recon- structed or re- established must be brought into compliance with the current applicable standards. However, require- ments or standards that would not be feasible or practical or would undulv reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The City may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this Title. B. Nonconformities with regard to the number of parking and loading spaces 1. If a non - residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expand- ed 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 modification, expansion or enlargement need to be pro- vided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of park- ing, stacking, or loading spac- es, is changed in any way such that there is an increase in the number of required spaces over the existing situ- ation, the property must be brought into full compliance with the number of spaces required. 3. 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, stack- ing, or loading spaces, according to the following rules: a. If the number of required spaces for the 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 addi- tion to any spaces already in existence on the site. b. In addition to any addition- al spaces required in sub- paragraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. C. Nonconforming Signs It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below: 1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs. 2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazard- ous sign. 3. Other than for routine mainte'= nance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the pro- visions of Article 14 -5B, Sign Regulations, with the follow - inq exceptions: a. Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in paragraph 4, below. b. On signs located within 1000 feet of an interstate highway that are legally non - conforming , with regard to sign area or height limitations, the existing sign face may be changed or replaced, pro- vided the sign meets all of the following criteria: (1)The sign is located on property that is zoned commercial; (2) The sign is hot a hazard- ous sign, as defined in this Title; and (3) If the sign is located in an area subject to regu- lation due to its proxim- ity to the Iowa City Municipal Airport, a determination of "no hazard to air navigation has been received from the FAA. The Board of Adjustment may grant a special exception to allow changes to a noncon- forming sign, provided the fol- lowing conditions are met: a. The sign must be located on a property designated as a Historic Landmark, a property registered on the National Register of Historic Places, or on a property listed as a key or contributing property in a Historic Preservation or Historic Conservation Overlay Zone. b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of an historic structure and is appro- priate to a particular period in the structure's history; or (2) The sign is an integral part of a property's his- toric identity; or (3) The sign makes a sig- nificant artistic or his- toric contribution to the community or neighbor- hood in which the sign is located. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a cer- tificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subse- quent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. d. If the sign is not maintained according to the provisions of Article 14 -513, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception. The Board of Adjustment may grant a special exception to allow repair or reconstruction of a nonconforming sign that has been damaged or destroyed by fire, explosion, act of God or by a public enemy if the following approv- al criteria are met: a. In order to qualify for this exception, the sign must fall into at least one of the following categories: (1) The subject sign is an integral part of the his- toric identity of a prop- erty or use designated as a Historic Landmark, a property registered on the National Register of Historic Places, or of a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone; or (2) The sign is an integral part of a property's his- toric identity such that it is generally recognized and associated with a longstanding business or institution and makes a significant artistic, cul- tural, or nostalgic contri- bution to the community or neighborhood. b. The sign must be recon- structed as nearly as pos- sible to its historic design or to the design that is generally recognized and associated with the long- standing business or insti- tution such that it contin- ues to make a significant artistic, cultural or nostal- gic contribution to the community or neighbor- hood. c. The sign must be recon- structed such that it is not a hazardous sign. The sign must be located in a man- ner that complies with Article 14 -5D, Intersection Visibility Standards. The Board may require chang- es 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 provision of Article 14 -513, Sign Regulations, and becomes hazardous, the City may request that the Board of Adjustment revoke the special excep- tion. d. If the sign is located on a property designated as a Historic Landmark, a prop- erty registered on the National Register of Historic Places, or a prop- erty listed as a key or con- tributing property in a Historic Uistrict or Conservation District Overlay Zone, the subject sign must be approved by the Historic Preservation Commission and issued a certificate of appropriate- ness. If the Board of Adjustment grants a spe- cial exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. D. 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-aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable require- ment that it be fully shielded. B. Deleting Subsection 14 -5E -7A and subsection 14 -5E -8A and renumbering the following sub- sections accordingly. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 3rd day of April, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC- 6000005M April 12, 2012 � r 4 1 M-6 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. 12 -4473 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 12, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. K. Voparil Deputy City Clerk Printer's Fee $ 111.30 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): A-PQ Itt- 12- Legal Cler Subscribed and sworn to befo me this &?7 day of Notary P lic �•► LINDA C0MSS 0 73261 • e« Ny �E�Iplres OFFICIAL PUBLICATION ORDINANCE NO. 12 -4473 ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASE 3,4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017) WHEREAS, the applicant, The Peninsula Development Company, has requested amendments to the Planned Development Overlay (OPD) Plan and Sensitive Areas Development Plan for the Peninsula Neighborhood to reconfigure lot lines, street design and mix of single - family, row house and multi - family buildings and amendments to the Peninsula Code to clarify how setbacks for garages are measured, allow for porches that are half width of a house rather than full width, and allow eating and drinking establishments within Live/Work units on Lot 117; and WHEREAS, the Peninsula Neighborhood OPD Plan allows for the construction of up to 410 dwelling units as established in the Peninsula Neighborhood Development Agreement; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the Peninsula OPD Plan Sensitive Areas Development Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended Peninsula Neighborhood OPD Plan and Sensitive Areas Development Plan attached hereto and incorporated herein by this reference, for the property described below are hereby approved: Phase 3 and 4: Beginning at the Southwest Corner of Outlot "C" of a Rapist of Peninsula Neighborhood First Addition in accordance with the Plat thereof Recorded in Plat Book 45, at Page 207 of the Records of the Johnson County Recorder's Office and a Point on the Southeasterly Line of Auditor's Parcel 2001020 in accordance with the Plat thereof Recorded in Plat Book 43 at Page 43 of the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W along said Southeasterly Line, 90.40 feet; Thence S60 °46'28 "W, along said Southeasterly Line, 1301.43 feet; Thence N40 "42'52 "W, 477.83 feet; Thence N25 °13'54 "W, 519.90 feet; Thence N64 °46'06 "E, 157.06 feet; Thence NO3"34'52 "W, 95.35 feet, to the Western most corner of Lot 102 of The Peninsula Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page 136 of the Recoddrt of the Johnson County Recorders Office; Thence S53 °30'11 "E, along the Southerly Line of said The Peninsula Neighborhood Phase 2A, a distance of 188.30 feet; Thence S70 "45'54 "E, along said Southerly Line, 56.87 feet; Thence S59 °28'31 "E, along said Southerly Line, 47.52 feet; Thence S89 °19'43 "E, along said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said Southerly Line 101.10 feet; Thence N64 °46'06 "E, 119.17 feet, to the Southeast Comer of Lot 100 of said The Peninsula Neighborhood Phase 2A, and the Southern most comer of Lot 54 of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186 of the Records of the Johnson County Recorder's Office; Thence N84 °30'41 "E, along the Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 °13'54 "E, along said Southerly Line, 90.96 feet; Thence S64 °46'22 "W, along said Southerly Line, 433.45 feet; Thence S25 °13'38 "E, along said Southerly Line, 53.00 feet; Thence S25 °1 1'37 "E, along said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, along said Southerly Line, 25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 "46'06 "E, along said Southerly Line, 53.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °13'54 "E, along said Southerly Line, 11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 14.52 feet; Thence N17 °46'06 "E, along said Southerly Line, 10.91 feet; Thence N64 "46'06 "E, along said Southerly Line, 92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feet; Thence N60 "45'20 "E, along said Southerly Line, 53.00 feet; Thence N29 °14'40 "W, along said Southerly Line, 5.23 feet; Thence N64 "46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 °13'54 "E, along said Southerly Line, 98.68 feet; Thence S29 °13'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along said Southerly Line, 25.00 feet; Thence N60 °45'42 "E, along said Southerly Line, 151.52 feet; Thence N29 "14'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line, 61.46 feet; Thence S62 "13'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24 feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 °48'58 "E; Thence N29 °43'06 "E, along said Southerly Line, 98.82 feet; Thence N29 °51'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line, 120.00 feet; Thence S59 "58'21 "E, along said Southerly Line; 27.11 feet, to the Southeast Corner of Lot 35 of said The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of said Replat of Peninsula Neighborhood First Addition; Thence S30 "01'39 "W, along said Southerly Line, 17.53 feet; Thence S60 °08'11 "E, along said Southerly Line, 191.33 feet; Thence S00 "01'28 "W, along said Southerly Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37 Acres, and is subject to easements and restrictions of record. Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 and 7A of Rapist of Peninsula Neighborhood First Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the Johnson County Recorder's Office: and also: Lots 52 and 53 of The Peninsula Neighborhood Second Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 46, at Page 186, in the records of the Johnson County Recorder's Office, containing 2.00 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION Ill. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of April, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Kan, City Clerk PRELIMINARY PLAT AND OPO PUN THE PENINSULA NEIGHBORHOOD PHASE 5 IOWA CITY, IOWA _ VIM, ieu- 8 April 12, 2012 PC 6000005216 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4474 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 12, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. JulieX Voparil Deputy City Clerk nter's Fee $ 44 lo. II CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I b (cam se ASR?' 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): L_ 1 2- L Legal Cle Subscribed and sworn to befor me this !L 1'�"day of A.D. 20-16L. Notary Public vOaty LINDA KROTZ >g i CortllfilSSiol1 Number 732619 . My Ex prs C 1 OFFICIAL PUBLICATION _ OFFICIAL PUBLICATION' ORDINANCE NO. 12 -4474 ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION, TO AMEND FEES WHEREAS, Iowa City Code section 3 -4 -7: Public Transportation: sets the Amount of Fee for various Transit matters; and WHEREAS, effective July 1, 2012 Transit operations will no longer be included in the General Fund budget; and WHEREAS, Transit operations wish to attain a goal of user fees covering 30% - 35% of actual operating costs; and WHEREAS, the last transit fee increase was on July 1, 1996; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION: is hereby amended by deleting it in its entirety and replacing it as follows: 3 -4 -7: PUBLIC TRANSPORTATION: Description of Fee, Charge, Amount of Fee, Charge, Fine Fine or Penalty or Penalty General fares and rates: Standard fare, general public 1.00 24 hour pass 2.00 Children (K -12). 0.75 Children under 5 years old Free School Field Trip (per person) 0.75 Bus Passes: 31 -Day Pass (Adult, 18 years old and up) 32.00 31 -Day Pass (Youth, K -12) 27.00 31 -Day Pass (Bulk sales) 28.00 31 -Day Pass (Low Income) 27.00 31 -Day Pass (City Employee) Half Price of 31 -Day Pass (Adult) 10 -Ride Pass 8.50 20 -Ride Pass (University of Iowa) 17.00 University of Iowa Semester Pass (Prorated) 100.00 Kirkwood Semester Pass (Prorated) 100.00 Youth Semester Pass (K -12, Prorated) 100.00 Special fares: Elderly persons (off peak. only, 60+ years) 0.50 Elderly Low Income (off peak only, pass required) Free Person with Disability (off peak only, pass required) Free Saturday Family Fare (Up to 2 adults and 2 children) 1.00 Bicycle Lockers: Annual (Prorated) 75.00 Miscellaneous: Use of City Vehicle and Operator Fully allocated Gost per hour Bus and Shop .35 SECTION 11, REPEALER. All ordinances and parts of ordinances in con- flict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE, This Ordinance shall be effective on July 1, 2012. Passed and approved this 3rd day of April, 2012. s /Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc- 6WOD0519e April 12, 2012 I r 1 14 M46 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4475 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of April, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 26, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. -Ju ' K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 mm 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 r time(s), on the following date(s): ., Subscribed a�td sworn to befo me this =2 (e •day of A.D. 20J.:AP . Notary Public uWA KROTZ Com trim Nwrdw 732619 My � 1 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4475 AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION &FEES," CHAPTER 4, -SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENOM TITLE 16 ENTITLED "PUBLIC WORIf8 " CHAPTER 3, "C(TY . UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)P) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.50 to $3.00, and the multiplying rate for non- residential properties will increase from $1.00 to $1.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: .SECTION I AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $3.00. SECTION Il. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting one dollar ($1.00) with $1.25. SECTION III. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the 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 17th day of April, 2017. s/Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk PCaOOOD05ee2 April 26, 2012 ' r 1 =Oi— :;- -4 memo CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (3 19) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4476 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of April, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 26, 2012. Dated at Iowa City, Iowa, this 4th day of May 2012. t' K. V 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 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 Subscribed and sworn to before me this _sPJot*'day of A.D. 20_JiP�_- r :1101 LINDA ! ROTZ ��. Colranisslort Nimber 732619 my � Y OFFICIAL PUBLICATION ORDINANCE NO. 12 -4476 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK. WHEREAS, the process for approval of sidewalk cafes has become quite routine since the ordinance was adopted in 1995; WHEREAS, it is appropriate for staff to enter into the right of way easement agreements for sidewalk cafes without the need for Council approval; WHEREAS, cafes are currently required to be located no closer than ten feet (10') to an alley; WHEREAS, safety will not be lessened if the setback is decreased to two feet (2) as long as fencing material is less than twenty percent (20 %) solid; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTS, 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, enti- tled "Definitions," is amended by deleting the definition of "sidewalk caf6" and adding the following new definition: Sidewalk Caf6. An outdoor area located temporarily on a public right of way, pursuant to an agree- ment, contiguous with any side of a building wherein a restaurant is located and where food and bever- ages are taken for consumption by persons sitting or standing at tables in that area. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, enti- tled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Caf6 Area," is amended by adding the following new sen- tence at the end of Paragraph 2: However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less than twenty per- cent (20 %) solid. 3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, enti- tled "Use for Sidewalk Cafes Subsection B, entitled "Usable Sidewalk Cafe Area," is amended by deleting the first sentence of Paragraph 5 and substituting the following new sentence in lieu thereof: A sidewalk cafe may encompass or ,utilize an elevated planter, including a planter that is not directly in front of the establish- ment to which it is connected, if the applicant demonstrates to the satisfaction of City Manager, or designee, that the proposed cafe meets the following criteria. 4. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, enti- tled Use for Sidewalk Cafes," Subsection E, entitled "Sidewalk Cafe Easement Agreement," is amended by deleting Paragraphs 2 -4 and substituting the following new Paragraphs 2 and 3 in lieu thereof: E2. The City Manager, or desig- nee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is autho- rized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provide for mobile vendors in this chapter. E3. Even after execution of a public right of way easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of vio- lation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the ease- ment agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The caf6 owner has the right to appeal a decision to terminate the agree- ment to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. SECTION II. REPEALER. All ordinances and parts of ordinanc- es in conflict with the provision of this Ordinance are hereby repealed. SECTION III, PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IVV, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of April, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk K- WOW05-M April 26, 2012 I l 1 Ilk *amp �,l 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. 12 -4477 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 st day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 10, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. v Ju ft . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 / - being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed and sworn to before me this day of Notary Public F „.L LINDA KROTZ Sy Commission Number 732614, • My Commission Expires 1 °+�• January 27, 2014 OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY ORDINANCE NO. 12 -4477 COUNCIL OF THE CITY OF IOWA AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A, CITY, IOWA: SECTION I: The Code of GENERAL DEFINITIONS, Ordinances of the City of Iowa City, CHANGING THE DEFINITION OF Iowa is hereby amended as fol- "HOUSEHOLD” AS IT APPLIES lows: IN THE RM -44, PRM, RNS -20, A. Delete the definition of AND CO -1 ZONES. "Household" in Article 14 -9A, WHEREAS, "Household Living" is General Definitions, and substitute the most prevalent land use within in lieu thereof: the city, and includes single family HOUSEHOLD: A Household is \ dwellings, two - family dwellings (duplexes), and multi - family dwell- defined as: or ings (apartments); and . One person; - 2 or more persons related by WHEREAS, by definition, only one Household may live within a blood, marriage, adoption or by a governmental or Household Living Use; and placement social service agency plus up to WHEREAS, in all single family zones, the low density multi - family 1 unrelated person, occupying a dwelling unit as a single house - zone (RM -12) and all commercial keeping organization; or zones, except the commercial . A group of not more than 3 office zone (CO -1), a household persons unrelated by blood, may consist of a family and up to one unrelated person; or a group of marriage, or adoption, occupy - ing a dwelling unit as a single not more than 3 unrelated persons; housekeeping organization; or and - A group of persons that meet WHEREAS, it is only in the high the definition of a Group density multi - family zones (RM -44 Household, as defined in this & PRM) and the medium density Title. multi - family zones (RM -20 & RNS- B. Delete subsection 14- 4E -9C, 20) and the commercial office zone and substitute in lieu thereof: (CO -1) that more than 3 unrelated C. The maximum occupancy, as persons may reside within one determined by the Building dwelling unit; and Official based on the applicable WHEREAS, in the RM -44 and regulations effective February PRM Zones up to 5 unrelated per - 21, 2012, will be applied to: 1) sons may reside within one dwell- any development activity asso- ing unit; and in the RM -20, RNS- ciated with establishing or con - 20, and CO -1 Zones up to 4 unre- structing a residential use for lated persons may reside within which a valid permit was issued one dwelling unit; and on or prior to February 21, 2012; WHEREAS, the location of the or, 2) any residential use for University campus in close proxim- which a valid rental permit was ity to older residential neighbor- issued prior to (the effective hoods where the aforementioned date of this ordinance), the zoning designations are prevalent, effective date of the current in combination with the aforemen- tioned occupancy standards for maximum occupancy regula- tions. For such uses, legal non - unrelated persons in these zones, conforming rights will be grant - create an incentive to develop or ed for this maximum occupan- redevelop property with residential cy apartments intended primarily for SECTION II: REPEALER. All ordi- short term residents, primarily s nances and parts of ordinances in versify undergraduate students, , conflict with the provisions of this with less emphasis on providing Ordinance are hereby repealed. commercial space or residential SECTION III: SEVERABILITY. If dwellings attractive to longer term any section, provision or part of the residents; and Ordinance shall be adjudged to be WHEREAS, there is a desire to invalid or unconstitutional, such maintain and support a market for adjudication shall not affect the a wide variety of businesses and validity of the Ordinance as a residents in the downtown to whole or any section, provision or ensure the long term economic part thereof not adjudged invalid or health of the downtown and the unconstitutional. surrounding residential neighbor- SECTION IV. EFFECTIVE DATE. hoods; and This Ordinance shall be in effect WHEREAS, it is common practice after its final passage, approval to control maximum occupancy and publication. within residential dwellings to pre- Passed and approved this 1st vent overcrowding, to control park- day of May, 2012. ing and traffic congestion, to main- s /Matthew J. Hayek, Mayor tain a stable population, and to Attest: s/Marian K. Karr, City Clerk preserve or foster a certain charac- ter within an area; and WHEREAS, the Central District PC- 6WOW6335 May 10, 2012 element of the Comprehensive Plan contains a goal to explore ways to make more of the existing and future rental housing in the Central District available to families and other non - student populations in need of affordbble housing, e.g. revisiting occupancy rules and housing code provisions to dis- courage or prevent unmanaged dorm -style apartments; and WHEREAS, amending the defini- tion of "Household" to be consis- tent across all zoning district will allow all types of households, including both student and non - student households, to compete in the market for housing in central neighborhoods close to employ- ment opportunities and cultural, educational, and commercial ser- vices and amenities. ► r 1 =z—a - 4 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240 -1826 (3 19) 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. 12 -4478 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 10, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. �v Julie F . Voparil Deputy City Clerk Printer's Fee $ 3 3.3 9 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 11 5-W Ari r7_ being duly sworn, say that I am the legal clerk of the IOWA CITY •PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed and sworn to before me this _Mrt day of A.D. 20P- Notary Public W)I Iuc LINDA KROTZ Commission Number 732610 My Commission Expires OFFICIAL PUBLICATION ORDINANCE NO. 12 -4478 ORDINANCE DESIGNATING 1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY HISTORIC LANDMARK (REZ12- 00004) WHEREAS, the owner, Parish Apartment LLC, has requested a rezoning of property located at 108 McLean Street to designate the property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation Commission has reviewed and evaluated the signifi- cance of the building located on the property and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at a public hearing on March 9, 2012 the Historic Preservation Commission recom- mending approval of the subject property as an Iowa City Historic Landmark; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning to designate the subject property as an Iowa City Historic Landmark: and WHEREAS, the Planning and Zoning Commission found the pro- posed designation complies with the Comprehensive Plan policies that encourage the protection of historic properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby desig- nated as an Iowa City Historic Landmark: Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page 352, in the records of the Johnson County Recorder's Office, con- taining 1.25 acres, (54,498 square feet), and subject to easements and restrictions of record. SECTION II ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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 IV. REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of May, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk Pc -s 0006334 May 10, 2012 � r 4 1 M4 6 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4479 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 10, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. ti K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): Subscribed and sworn to before me this !0'4' day of il�A.D.20_/�• Notary Public ,.� EINbA KRO7Z� Oo�is: im Num, ,73261 o. My JC 1 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICAI IUN ORDINANCE NO. 12 -4479 AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -80, BONUS PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A CENTRAL BUSINESS (CB -10) ZONE. WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian - oriented shop- ping, office, service and entertainment area in Iowa City; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses in the downtown to ensure the long term economic health of the downtown; and WHEREAS, one of the primary economic development goals of the City is to attract businesses that will provide high quality jobs; WHEREAS, construction of Class A office space in the Central Business District will help to attract businesses that provide high quality jobs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A" Amending Table 2C -4, Bonus Provisions, by adding the following bonus provision that would apply in the CB -10 Zone as indicated below (the remainder of said table shall remain unchanged): Provision of Class A office space on floors above the Up to 2 sq. ft. of floor area for every 1 sq. ft. of Class ground -level floor of the building. To qualify for this A office space provided on floors above the ground - bonus, only non - residential uses shall be allowed in level floor of the building. the Class A office space. As defined by the Building Owners and Managers Association International (BOMA), Class A Office Space is space that is of a quality that is attractive for premier office users with rents above average for the area. Class A Office Buildings have high quality standard finishes, state of the art systems, excep- tional accessibility and a definite market presence. B. Deleting footnote 6 in Table 2C -2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone, and substituting in lieu thereof: 6Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 15. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi- sion 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 1st day of May, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk PC-6000006332 May 10, 2012 X0 ®1��1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4480 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 24, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. �. VopariI T Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 time(s), on the following date(s): T — 1 7g,Leal MW Wlaft� Subscribed and sworn to be ore me this 3644—day of A.D. 20 Notary Public LINDA KROTZ 'rSF Commission Number 732619 My Commission Expires January 27, 2014_ Ile OFFICIAL PUBLICATION NOW, THEREFORE, BE IT ORDINANCE NO. 12 -4480 ORDAINED BY THE CITY AN ORDINANCE VACATING A COUNCIL OF THE CITY OF IOWA PORTION OF THE MELROSE CITY, IOWA: SECTION I. VACATION The City PLACE RIGHT -OF -WAY LOCATED ADJACENT TO LOTS of Iowa City hereby vacates to the 1 -8, MELROSE PLACE, IOWA University of Iowa, that portion of CITY, IOWA. the Melrose Place street right -of- WHEREAS, the applicant, The way shown on the attached Vacation Exhibit and legally University of Iowa Board of described as follows: Regents, owns certain contiguous PART OF THE MELROSE PLACE lots surrounding the Melrose Place RIGHT -OF -WAY AND THE cul -de -sac, upon which there are presently located single family homes; and _ PUBLIC RIGHT -OF -WAY WHEREAS, the University desires ADJACENT TO LOTS 6 AND 7 to construct a surface parking lot FROM SAID MELROSE PLACE over and across these lots, as well RIGHT -OF -WAY TO THE IOWA as over and across a portion of the INTERSTATE RAILROAD Melrose Place right -of -way in con- (FORMERLY C.R.I. &P. R.R.) AS junction with its expansion of the DEFINED BY THE FINAL PLAT Children's Hospital; OF MELROSE PLACE, JOHNSON WHEREAS, the University has COUNTY, IOWA RECORDED IN therefore requested that the City BOOK 4, PAGE 292, PLAT vacate and convey to it that portion RECORDS OF JOHNSON of the Melrose Place street right -of- COUNTY, IOWA FURTHER way located adjacent to its prop- DESCRIBED AS FOLLOWS: erty; and BEGINNINGATTHE NORTHEAST WHEREAS, that portion required CORNER OF SAID LOT 7; to be vacated will no longer serve THENCE N89 °14'43 "E ALONG its current public purpose if the THE SOUTH LINE OF LOT 8 OF University -owned houses are SAID MELROSE PLACE, 10.00 demolished, FEET TO THE SOUTHEAST WHEREAS, the University has CORNER OF SAID LOT 8; agreed, as consideration for this THENCE NO3 °19'15 "W ALONG vacation, to grant to the City a THE EAST LINE OF SAID LOT 8, public access easement over the 59.02 FEET; THENCE parking lot to provide appropriate N86 °40'45 "E, 30.00 FEET; traffic circulation for the public THENCE NO3 °19'15 "W ALONG A needs associated with the remain- LINE PARALLEL AND 30.00 FEET ing homes along the remaining DISTANT TO THE WEST RIGHT - Melrose Place right -of -way; and OF -WAY LINE OF MELROSE WHEREAS, the University has PLACE, 193.10 FEET; THENCE also agreed to reconstruct the N89 °32'47 "E, 20.03 FEET TO remaining Melrose Place right -of- THE NORTHWEST CORNER OF way, including the reconstruction LOT 1 OF SAID MELROSE the pavement, curb and gutter, a PLACE; THENCE S03 °19'15 "E 4 -foot sidewalk, sanitary sewer ALONG THE WEST LINE OF abandonments as needed, water LOTS 1, 2, 3, AND 4 OF SAID main improvements, and storm MELROSE PLACE, 253.36 FEET water management improvements; TO THE SOUTHWEST CORNER and OF SAID LOT 4; THENCE WHEREAS, the University has N89'1 4'43"E ALONG THE further agreed to certain conditions SOUTH LINE OF SAID LOT 4, 10.00 FEETTO THE NORTHWEST regarding the design, screening, CORNER OF LOT 5 OF SAID and lighting of the proposed park- MELROSE PLACE; THENCE ing area in order to minimize S03 °19'21 "E ALONG THE WEST impacts on the surrounding resi- LINE OF SAID LOT 5, 60.00 FEET dential neighborhood; and TO THE NORTHEAST CORNER WHEREAS, vehicle access to the OF SAID LOT 6; THENCE parking lot from Melrose Place will S89 °14'50 "W ALONG THE be a one -way entry only to mitigate NORTH LINE OF SAID LOT 6, traffic control concerns at the inter- 56.09 FEET TO THE section of Melrose Place and SOUTHEASTERLY LINE OF SAID Hawkins Drive; and PUBLIC RIGHT -OF -WAY; WHEREAS, it is in the City's inter- est to vacate the public right -of- — way, or portions thereof, that are no THENCE S43 °18'02 "W ALONG longer necessary for public access, SAID SOUTHEASTERLY RIGHT - and OF -WAY LINE, 86.54 FEET TO WHEREAS, the Planning and THE NORTHEASTERLY RIGHT - Zoning Commission recommended OF -WAY LINE OF SAID IOWA vacation of a portion of this right- INTERSTATE RAILROAD; of -way subject to conditions men- THENCE N49 °45'32 "W ALONG tioned above; and SAID NORTHEASTERLY RIGHT - WHEREAS, on May 1, 2012, the OF -WAY LINE, 10.01 FEET TO City Council adopted a Resolution THE NORTHWESTERLY RIGHT - of intent to consider the proposed OF -WAY LINE OF SAID PUBLIC conveyance of this property,autho- RIGHT -OF -WAY; THENCE rized the publication of public N43 °18'02 "E ALONG SAID notice of said proposal, and set the NORTHWESTERLY RIGHT -OF- date and time for public hearing; WAY LINE, 77.40 FEET TO THE CORNER OF SAID and WHEREAS, following public hear- SOUTHEAST LOT 7; THENCE NOW22'12 "W ing on the proposed vacation, the ALONG THE EAST LINE OF SAID City Council hereby finds that it is LOT 7, 60.00 FEET TO THE in the public interest to vacate this POINT OF BEGINNING property and ultimately dispose of CONTAINING 0.27 ACRES same to the University of Iowa (11,876 SQ.FT.) MORE OR LESS. without compensation, in exchange SUBJECT TO EXISTING for the performance of certain site improvements. k"- 14 4 EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of May, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk ac- ea0000eeeo May 24, 2012 mow.. 1z- L-(L-k �-a V VACATION EXHIBIT Prepared by R. Rodney nen Anderson- Bogert Engineers & Surveyors, Inc, 0 60 4001 Ricer Ridge Dr. N.E. Cedar Rapids, Iowa 52402 rnvA ms AM M9 �M MEET x. eTARtrs 14FRWH ARE OASED UPON IOWA 51AIC PLAYF NAD e! ISOUTH fOHG M Of IOWA Ott tidy 8 0� J ' 'PROPOSED,— ��et Description PMT 0 THE VP3A03E PIKE Ralir- or -7MAY AND THE PVKM ' fiotR-Or -NAY Ao3+4D.T TO 1075 6 AN0 7 FROU SAO R.O.W. VACATE i LOT 9 — DµtJM�1T K wfl1105L PUCE.LkP. RA OOUNTT. OM P OMED N86'40'45' f 30.00'^ IOsu1 OESCR5E0 As r0[LOAS: FNO 1/2' -,, T W4.10 At THE NORWAST COKM or Sw LOT 71 REHAR_- i LOT 8 20.03' S'AO MEtROSE PLACE. 1047 fEFT TO 1M SoUTMAST CORER - or SAO tot 61 Na9'l THENCE NosT9't6'9 ALoU7 M EAST USE Or SLD Lot & O 00Y, 5942 RO; 1 P.0.e I LOT 7 LOT T 1`' ]OY 11 :lV n - \ FN \ T \ ` 01 LOT 6 \ H4Y43'32'W FNO 5/8' IR I egand ��et Description PMT 0 THE VP3A03E PIKE Ralir- or -7MAY AND THE PVKM ' fiotR-Or -NAY Ao3+4D.T TO 1075 6 AN0 7 FROU SAO ---' --' — — — Yf1ROSE FlAGC RPIT -Or -WAY TO THE IPM WIERSYATE — DµtJM�1T K wfl1105L PUCE.LkP. RA OOUNTT. OM P OMED Found Iron Pips (Unless Noted) W 010 4. PAGE 291. PIAT MORM Or JOKVK" CO11W 60/MARTMITA FT10 3/8' IR IOsu1 OESCR5E0 As r0[LOAS: w /Red Cap 116546 T W4.10 At THE NORWAST COKM or Sw LOT 71 6732'47'T: TMIUICE N6P1a•43'E ALONG R9: SWTH to of wT 8 or 20.03' S'AO MEtROSE PLACE. 1047 fEFT TO 1M SoUTMAST CORER - or SAO tot 61 Found Section / Quorter Corner THENCE NosT9't6'9 ALoU7 M EAST USE Or SLD Lot & Measured 5942 RO; TMEY.CB SGIT40'45'& 3040 FEET! TNt7MCE k0r NG l9'l5'W ALO A UK PARALLEL AVO 3000 fEET LOT T DISTANT 10 n1E NEST k04T- of -1UY LM OF UaROSC PUC& 193.10 FEET: TM 04CC Ne9'3f'47'E. 2043 FEET TO THE M)ROMTST CORKER Of Lor 1 OF W2 MELAWC P1ACft .— -- -- -- — — THENCE SOS'19'15'E AtANO 7HE WEST IA.E OF L01S M. 2. 3. MO 4 OF SAID MQROSE P1ACf. 213.5E FEET To THE b SOUMNEST CORNER OF SNO LOT 41 NC: U N69114'437E ALOW TILE SOUTH L04E OF SNO LOT 4. ill 10.00 FM TO TM MOMI NEST CO'OW Or LOT 6 OF SW n n 2 MELE PLACR AOS L07 LoLott6T S. TywRM a fTIT 107 Nottlir St CORKR OF S 9Nq� T S. ►EE OF O PSUBUC `�' 36 p9 TO THE SOVR1fASTFJ6Y�4V[ SHOLL Q is Ea °LM2iT�. i31 f T�IHEAStURY RTHd T YJiAY' FEf�t ROTE- or -wAY LWC Or SAO 10106 enERVATE WAPOM'. LOT 3 THEM£ N4741'32'W NOl10 SM tiOTME IER1Y IOMT -OF' -EMT UK OF 9H Pum RQIT WAYTFAIY ngm N4ylowx ALONG SAO NOWK%TSTERtY - — A0(T -OF -NAY L9i[. 17.40 FEET to TMd' SOUTHEAST COF`M —' -- - -�— OF ENO Lot 71 T 7' MLTtic coo rMM W40 � To THE PONT Of BEG 0.27 ACRES (11,076 SO3t) mow OR LESS LOT 4 SIlmv To 01 YNC Us07TMS AVO RESIINCTANs or Tt89'14'43'E RECORD. . TOTAL AREA 0.27 ACRES (11.878 SO.FT.) a$ �� LOT 5 1`' ]OY 11 :lV n - \ FN \ T \ ` 01 LOT 6 \ H4Y43'32'W FNO 5/8' IR I egand Boundory Uns Adjoir nq Lot lane — — — — ---' --' — — — Seelion Line — — Ruxd'uly Setbock tine ..... • .. • • • • • • • ' • " " Found Iron Pips (Unless Noted) • Found $/e' Rebor 0 w /Red Cap 116546 Set ye' =30- Rebor a w /oron9s Cop 118648 Set Section /Quarter Corner Q Found Section / Quorter Corner • Measured (M) LOCATION MAY Amemo 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. 12 -4481 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 24, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. Voparil Deputy City Clerk Printer's Fee $� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ___L-_ time(s), on the following date(s): Legal Cl Subscribed and sworn to befor me this 3410`day of A -D. 20� -- Notary Public AN 1„L LINDA KROTZ Commission Number 732619 My Commission Expires January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4481 AN ORDINANCE REZONING APPROXIMATELY 2.43 ACRES OF LAND FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) FOR PROPERTIES LOCATED EAST OF WEST SIDE DRIVE AND NORTH OF MORMON TREK BOULEVARD NEAR ITS INTERSECTION WITH HIGHWAY 1 WEST (REZ12- 00003). WHEREAS, the applicant, McDonald's USA, LLC, has requested a rezoning of property located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC -2); WHEREAS, two properties adja- cent to the applicant's property that are similarly situated with visibility and access to two major arterial streets are included in this rezoning action, with the consent of the property owner, in order to create a consistent and logical zoning pat- tern; and WHEREAS, the Comprehensive Plan indicates that this area is intended to provide the opportunity for a large variety of commercial uses that serve a major segment of the community, and due to the location at the intersection of two arterial streets and near a highway interchange serve a regional mar- ket with visibility and access more suited to retail commercial uses and restaurants rather than for qua- si- industrial uses or back office functions; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of Intensive Commercial (CI- 1) to Community Commercial (CC- 2): LEGAL DESCRIPTION LOTS 1, 2, AND 3 OF WEST SIDE PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS DESCRIBED IN BOOK 38, PAGE 113 BY THE JOHNSON COUNTY RECORDER. SECTION II. ZONING MAPP, The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION 111. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder` of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE- This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of May, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk. PC- 6000006930 May 24, 2012 I r -4 �III� r,w ®���� 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. 12 -4482 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 24, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. k 2nj7=?=r`_ 0 Ju ie . Voparil Deputy City Clerk �.. \2 - Lk LE gD-, iz,�� -V� °f, Printer's Fee $ i :O to CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, R S.TZ 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): tL Leg;Ck Subscribed and sworn to before me this j1%44- day of A.D. 20�. Notary Public *C LINDA KROTZ ommission Number 732619 My Commission Expires Jan 27, 2014 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 12 -4482 AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLES 2B AND 2C, AND PARAGRAPH 14- 4B -4A -7 TO ESTABLISH THREE AS THE MAXIMUM NUMBER OF BEDROOMS ALLOWED WITHIN A MULTI - FAMILY DWELLING UNIT IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES AND TO ESTABLISH NEW RESIDENTIAL DENSITY FORMULAS FOR MULTI - FAMILY USES LOCATED IN MULTI - FAMILY ZONES AND IN COMMERCIAL ZONES THAT ALLOW MULTI - FAMILY USES. WHEREAS, one of the stated purposes of the zoning code is to regulate population density to avoid undue concentration of population and overcrowding of land and to foster a convenient, compatible and efficient relation- ship among land uses; and WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling units, the zoning code currently regulates residential density based on the number of dwelling units regardless of the number of bed- rooms per unit; and WHEREAS, in Downtown Iowa City and in Iowa City neighborhoods close to the University of Iowa campus, the demand for student rental housing is highest. These areas coincide with the City's medium and high density multi- family zones and mixed -use commercial zones, including the central business zones; and WHEREAS, in the aforementioned neighborhoods and commercial districts close to campus, multi - family dwell- ing units are typically designed, marketed and leased on a per- bedroom basis rather than on a per -unit basis in response to the strong market for short-term rentals; and WHEREAS, the current method of regulating density in the aforementioned areas and zones provides a disincen- tive to construct smaller multi - family dwelling units because the same amount of land area is required for a 1- bedroom apartment as for a 3, 4, or 5- bedroom unit, which has resulted in a market where only apartments with large numbers of bedrooms are nroduc o_ttt@ ex ifs Qf smaller units regardless of the unmet, demand for smaller rental units that may be attractive to demographically - diverse populations; and WHEREAS, the lower intensify commercial zones and the low density multi- family zone are often used as buffers or transition zones in outlying areas of the City and /or in close proximity to lower density residential areas, includ- ing older, more historic single family residential neighborhoods in the central core of the city, so establishing a residential density standard for the lower intensity commercial zones that is consistent with the current residential density standard in the low density multi - family zone, will provide a more compatible transition to nearby single family neighborhoods; and WHEREAS, the Comprehensive Plan encourages the development of a diversity of housing types in every neigh- borhood to provide living opportunities for all Iowa City residents and to support a diversity of businesses in mixed -use commercial zones and the Central Business District that serve a broad spectrum of the Iowa City population, and WHEREAS, establishing a minimum lot area per bedroom for multi - family dwellings in medium and high density multi - family zones and in the central business zones will provide for better control of population density, help stabilize neighborhoods near the University campus, and encourage development of a diversity of housing types and sizes to support a healthy mix of businesses in the Central Business District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:_ SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Table 213-2, Dimensional Requirements for Multi- Family Residential Zones, deleting the current "Area/Unit" standards for Multi - Family, and substituting the following cross - references: "See Table 213-3, Maximum Density Standards for Multi - Family Dwellings in Multi- Family Zones ". B. Inserting the following Table 2B -3, within Section 14 -213-4, Dimensional Standards, immediately following Table 213-2. Table 2B -3: Maximum Density Standards for Multi - Family Dwellings in Multi - Family Zones' Zone RM -12 RM -20 & RNS -20 RM -44 PRM CN -1 & MU Efficiency or 1- Bedroom Unit 2,725 1,800 500 435 Minimum Lot Area Two - Bedroom Unit 2,725 1,800 1,000 875 per Unit (in square fi;et) Three - Bedroom Unit 2,725 2,700 1,500 1,315 Maximum # of bedrooms per multi - family dwelling unit 13 3 3 1 3 Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, meets the egress requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen, or bathroom may be considered one or more bedrooms, as determined by the Building Official. C. Amending Table 2C -2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone, deleting the current "Area/dwelling unit" standards, and substituting the following cross - reference: See Table 2C -2(c), Maximum Density Standards for Multi - Family Dwellings in Commercial Zones. D. Amending Table 2C -2(b), Dimensional Requirements for the Mixed Use Zone (MU), deleting the current "Area/Unit" standards for Multi - Family, and substituting the following cross - reference: See Table 2C -2(c), Maximum Density Standards for Multi- Family Dwellings in Commercial Zones, as shown below. E. Inserting the following Table 2C -2(c), within Section 14 -2C -4, Dimensional Standards, immediately following Table 2C -2(b): Table 2C -2(c): Maximum Density Standards for Multi- Family Dwellings in Commercial Zones' Zone CO -1, CC-2, CB -2 CB -5 & CB -10 CN -1 & MU Efficiency or 1- Bedroom Unit 2,725 435 There is no minimum lot area Minimum Per unit standard. However, the Two - Bedroom Unit 2,725 875 Lot Area per number of 3- bedroom units per lot dwelling unit (in square feet) may not exceed 30 of the total th number of units on the lot. Three - Bedroom Unit 2,725 1,315 Maximum # of bedrooms per multi -family 3 3 3 dwelling unit Notes: 'For purposes of the provisions within this table, any room that is larger than 70 square feet in size, meets the egress requirements as specified in the Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen, or bathroom may be considered one or more bedrooms, as determined by the Building Official. F. Deleting paragraph 14- 2C -4A -2, and substituting in lieu thereof: 2. Standards Generally, the minimum lot area and width standards for the various Commercial Zones are stated in Tables 2C -2(a) and 2C -2(b), located at the end of this Section. Most commercial zones do not have minimum lot size or width requirements. However, for mixed commercial /residential buildings, the number of dwelling units allowed is based on the residential density formulas as stated in Table 2C -2(c), located at the end of this Section. G. Deleting subparagraph 14- 4B- 4A -7b., and substituting in lieu thereof: Maximum Density The residential density standards for Multi - Family Uses in Commercial Zones are stated in Table 2C -2(c) located in Section 14 -2C -4, Dimensional Requirements. SECTION II. NONCONFORMING RIGHTS GRANTED. The number of bedrooms per unit and the maximum resi- dential density, as determined by the Building Official, based on the applicable regulations effective April 3, 2012, will be applied to any development activity associated with establishing or constructing a multi - family use for which a valid building permit was issued on or prior to April 3, 2012. Other legal nonconforming situations are allowed to continue in accordance with the provisions of Article 14 -4E of the City Code. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi- sion 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 15th day of May, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PO-800 M931 May 24, 2012 Al 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. 12 -4483 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 24, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. k�. o Julie K. Voparil —� Deputy City Clerk Printer's Fee $ 1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY •PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I_ time(s), on the following date(s): u "=7 �- .. • , Subscribed and sworn to before me this _'day of A.D. 20_. �,„L LIND KROTZ 1 Commission Number 732619 • my Commission Expires o« Janua 27, 2014 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 12 -4483 AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 5A, OFF - STREET PARKING AND LOADING STANDARDS, TO INCREASE THE NUMBER OF REQUIRED PARKING SPACES FOR CERTAIN MULTI- FAMILY DWELLING UNITS WHEN LOCATED WITHIN A DESIGNATED UNIVERSITY IMPACT AREA (UTA). WHEREAS, the minimum parking standards specified in the zoning code are intended to ensure that enough off - street parking is provided to accommodate the demand for parking generated by the range of uses that might locate at a site over time, particularly in areas where sufficient on- street parking is not available; WHEREAS, in multi - family zones and in commercial zones that allow multi - family dwelling units, the minimum parking requirement for 3 -bed- room multi - family dwelling units is 2 parking spaces; and WHEREAS, in denser areas of the City close to downtown and the University of Iowa campus, on- street parking spaces are in high demand from residents, visitors, and commuters; and WHEREAS, in denser areas of the City close to the University of Iowa campus, there is a significant demand from college students for multi- family dwelling units; WHEREAS, the parking demand for this large population of unrelated college students within these central neighborhoods is typically higher than the parking demand for 3- bedroom housing units in outlying areas; WHEREAS, due to a higher parking demand for on- street and off - street parking spaces that is causing nuisance issues in the central areas of the city closest to the University of Iowa campus, it is reasonable to increase the parking requirements in this area, so that at least one off - street parking space is provided for every bedroom within multi - family dwellings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Table 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones, indicating that for 3- bedroom Multi - Family Dwelling Units in the CB -5 Zone the parking requirement is 3 spaces per unit; and B. Amending Table 5A -1, Minimum Parking Requirements in the CB -5 and CB -10 Zones, indicating that for 3- bedroom Multi- Family Dwelling Units in the CB -10 Zone built on or after January 1, 2009 that the parking requirement for 3- bedroom units is 3 spaces per dwelling unit; C. Amending Table 5A -2, Minimum Parking Requirements for all zones, except the CB -5 and CB -10 Zones, in the rows that specify parking requirements for Multi - Family Dwellings in all zones, including the row for the PRIM Zone, insert the words, "In the University Impact Area: 1 space per bedroom (see Map 2B.1 in Article 14 -2B)." D. Inserting the following map, labeled Map 213.1, into Section 14 -213-6, Multi - Family Site Development Standards, immediately following the Central Planning District Map: SECTION II, NONCONFORMING RIGHTS GRANTED. The number of parking spaces required for a multi - family use, as determined by the Building Official, based on the applicable regulations effective April 3, 2012, will be applied to any development activity associated with estab- lishing or constructing a multi - family use for which a valid building permit was issued on or prior to April 3, 2012. Other legal nonconforming situa- tions are allowed to continue in accordance with the provisions of Article 14 -4E of the City Code. SECTION III, REPEALER. All ordinances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION IVV, SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 15th day of May, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC- 6000006932 May 24, 2012 I r -4 WWI% -A _ 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. 12 -4484 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of May, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 24, 2012. Dated at Iowa City, Iowa, this 21st day of June 2012. v Ju ' Voparil Deputy City Clerk Printer's Fee $ 9155 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): M K .Z. R �• 0 Z...� Legal C k Subscribed and sworn to before me this _ day of A.D. 20�^ _. i G5X Notary Public ���c LINDA KROTZ Commission Number 732619 My Commission Expires Januar 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4484 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," TO PROVIDE THAT THE HUMAN RIGHTS OFFICE MAKE THE PROBABLE CAUSE DETERMINATION. WHEREAS, the City Code pres- ently provides that the Human Rights Office investigates the com- plaint and makes a recommenda- tion of probable cause to the City Attorney, who makes the probable cause determination; WHEREAS, it is more appropriate for the Human Rights Office to make the probable cause determi- nation because the Human Rights Office interviews the parties and witnesses and is better able to determine credibility; WHEREAS, it is more efficient if the Human Rights Office make the determination because it elimi- nates a second layer of administra- tive review; and WHEREAS, it is in the best inter- est of the City to provide that the Human Rights Office to make the probable cause determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENTS. 1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints: Predetermination Settlement," is amended by deleting Subsections D, E, G, and I, and substituting the following new Subsections D, E, G, and I in lieu thereof: D. After reviewing materials responsive to the questionnaire/ document request, the human rights office shall determine wheth- er the complaint warrants further investigation. If the human rights office finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need fur- ther development, the human rights office shall promptly resume the investigation of the complaint. A complaint determined by the human rights office not to warrant further processing by the human rights office shall be administra- tively closed. Notice of such clo- sure shall be promptly served upon the complainant and the respon- dent by certified mail. Service is effective upon mailing. Such notice shall state the reasons for adminis- trative closure. E. A complainant may object to the administrative closure within ten (10) days of service by filing a writ- ten request for review that states the basis for the objection. If a complainant makes a timely written request for review of the adminis- trative closure, the human rights office shall promptly review the complainant's request and all rele- vant material. If, after review by the human rights office, it is deter- mined that the complaint does not warrant further processing, the human rights office shall close the file and notify the complainant and respondent of the final decision of administrative closure. If, after review, the human rights office determines that there is a reason- able possibility of a probable cause determination or the legal issues presented in the complaint need further development, the allega- tions will be investigated further. (Q: Upon completion of the investi- gation, the human rights office shall issue a written investigative summary and recommendation as to whether probable cause exists that the person charged in the complaint has committed a dis- criminatory practice. I. Any time after a complaint is filed under this title, but before the human rights office issues a prob- able cause determination, the human rights office may seek a disposition of the complaint through a predetermination settle- ment. 2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints; Predetermination Settlement," is amended by deleting Subsection H in its entirety. 3. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 3, entitled "Proceedings on Complaints; Probable Cause," Subsections A, B, and C are amended by deleting them in their entirety and substitut- ing the following new Subsections A, B, and C in lieu thereof: A. If the human rights office finds that probable cause exists regard- ing the allegations of the com- plaint, the human rights office shall notify the complainant and the respondent of the finding. The human rights office shall promptly endeavor to eliminate the discrimi- natory or unfair practice by confer- ence, conciliation and persuasion. B. If the human rights office finds that no probable cause exists, the human rights office shall issue a written finding dismissing the com- plaint and notifying the parties of the complainant's right to appeal the finding. Notice of the no prob- able cause determination shall be promptly mailed to the complainant and to the respondent by certified mail. Service is effective upon mail- ing. C. A complainant may object to the finding of no probable cause within ten (10) days of service by filing a written request for review that states the basis for the objection. If a complainant makes a timely written request for review of the finding, the human rights office shall hear the complainant's evi- dence within thirty (30) days of the request for review. If no probable cause is again the finding after fur- ther review by the human rights office, the human rights office shall notify the complainant in writing of the decision, and shall close the file. If the human rights office finds probable cause after review, the human rights office shall proceed with efforts to eliminate the dis- criminatory or unfair practice by conference, conciliation and per- suasion. 4. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 10, entitled "Civil Action Elected- Housing," Subsection B, Paragraph 2b is amended by deleting it in its entire- ty and substituting the following new Subsection B, Paragraph 2b in lieu thereof: An aggrieved person shall not file an action under this section with respect to an alleged discriminato- ry housing or real estate practice that forms the basis of a probable cause determination issued by the human rights office if the commis- sion has begun a hearing on the record under this chapter with respect to the charge. 4�, \l SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of May, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk PC- 6W000692e , May 24, 2012 � 44 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www,icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4485 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of June, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 28, 2012. Dated at Iowa City, Iowa, this 7th day of August 2012. a J �,K� VopariI Deputy City Clerk Printer's Fee $Q CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS — CITIZEN FED.ID #42- 0330670 I, BOG �c,J -'r 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): JLegalCle Subscribed and sworn to be re me this =_'1A_­41 day of A.D. 20`1, L)IVA16 RZ 60110W 7=1 hnu!(Y �i7 211fi4 OFFICIAL PUBLICATION ORDINANCE NO. 124485 AN ORDINANCE REZONING APPROMMATELY 1.3 ACRES OF LAND LOCATED SOUTH OF HARRISON STREET BETWEEN CLINTON AND DUBUQUE STREETS FROM PUBLIC (P -1) TO INSTITUTIONAL PUBLIC/ CENTRAL BUSINESS SERVICE (P- 21CB -2). (REZ12- 00007) WHEREAS, the applicant, the University of Iowa, has requested a rezoning of property located at 509 South Dubuque Street, south of Harrison Street between Clinton and Dubuque Streets, from Public (P -1) to Institutional Public /Central Business Service (P- 2/CB -2); and WHEREAS, the intent and zoning requirements of the CB -2 zone are compatible with the existing adopt- ed plans for the area and with poli- cies being formulated for the Riverfront Crossings District; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of the rezoning to allow University-owned property to be developed with pri- vate commercial uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: sECTION d APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of Public (P -1) to Institutional Public /Central Business Service (P-2/CB-2): DE�'RIPTION LOTS 1, 2, 3, THE NORTH 26.5 FEET OF LOT 4, AND THE EAST 90 FEET OF THE SOUTH 53.5 FEET OF LOT 4, AND ALL OF LOT 8, COUNTY SEAT ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IM BOOK 1 & 2, PAGE 253, AND THE SUBSEQUENT DEED RECORDED ON BOOK 4866, PAGES 181 -183, DEED RECORD OF JOHNSON COUNTY, IOWA. SECTION II ZONING MAP The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION JIL CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a_ copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whale or any section, provision or part thereof not adjudged invalid or unconstitutional. , S,TION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of June, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk June 28, 2012 � r 14 1 � MR 6 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. 12 -4486 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31 st day of July, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on August 9, 2012. Dated at Iowa City, Iowa, this 4th day of September 2012. ti . Voparil Deputy City Clerk 5— MON ;S: TIZEN T-2r tIam � CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Cle Subscribed ,and sworn to bef e me this day of A.D. 20j,�_. Notary Public ,�wc yy LINDA KROTZ i * C 732619 Januoy 27, 201 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 12 -4486 AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed -use building; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the Dubuque Street public right -of -way in City Plaza that extends along the west property line of the subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property to allow the top 13 floors of the proposed 14 -story building to cantilever four feet over the public right -of -way; and WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business District; and WHEREAS, an economic development goal for the City is to provide new employment opportunities in the Downtown area and lack of available Class A office space has been identified as an impediment to achieving this goal; and WHEREAS, it is an economic development goal for the City to provide opportunities for high quality residential apartments and condominiums in the downtown area to attract permanent residents that will support a variety of businesses in the central business district and allow residents to live close to employment, shopping and other services in an urban environment; WHEREAS, the vacation will allow enough additional living space in the residential units to allow for balconies to be recessed with the building wall, which will create a more aesthetically pleasing building design and more usable outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to Downtown; and WHEREAS, the vacation of air rights will provide for a superior overall design of the building; and WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly main floor retail space on a very constrained building site; and WHEREAS, the vacation of air rights will maximize the amount of Class A office space on levels 2, 3 and 4; and WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels and make the residential floor plans far more functional and marketable for long -term residents; and WHEREAS, given the short length of the building wall along the main pedestrian route within City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if allowed for a building with a larger footprint; and WHEREAS, given the small size of the building footprint combined with the fact that the subject property does not directly abut other buildings along Dubuque Street, the impacts on light, air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views of adjacent businesses or any important vistas within the community; and WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City Council approve vacat- ing air rights within the public right -of -way along the north and west lot lines of the property at 114 South Dubuque Street as described below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION AND CONVEYANCE, The City of Iowa City hereby vacates and conveys to Central Park L.L.C. air rights to that portion of public right -of -way starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way that extends along the west property line of the property at 114 South Dubuque and a 4' x 56' section of public right -of -way in Blackhawk Park that extends along the north property line of the property at 114 South Dubuque, as illustrated below and as legally described below: ._ ALLEY S ACKHAWK j PAI* 7 --- __. - ---_ All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16' 8 ") above existing grade over and above the following described real property located in Johnson County, Iowa, to wit: Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa, according to the recorded plat thereof, which point is the Point of Beginning; thence north 40 feet along the west line of said Lot 4; thence east 59 feet, 9 1/8 inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet, 9 0 inches on a line parallel with the north line of said Lot 4; thence south 44 feet on a line parallel with the west line of said Lot 4; thence east 4 feet to the Point of Beginning SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi- sion 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. SECTION V. RECORDING AND EFFECT This Ordinance shall be recorded and shall have the effect of conveying the above - described land to Central Park L.L.C. pursuant to Iowa Code Section 354.23. SECTION VI. CONSIDERATION This vacation and conveyance is being made in consideration for $31,795. Passed and approved this 31st day of July, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk PC- 6WOM9949 August 9, 2012 ' t 1 �L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 -5000 (3 19) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4487 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 31st day of July, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on August 9, 2012. Dated at Iowa City, Iowa, this 4th day of September 2012. 'Jtrl+ Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, 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): Subscribnd sworn to bef me this day of A.D. 20-,ld-,_. Notary Public vac I LINDA KROTZ - -- -Enpna OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICAI Ivry ORDINANCE NO. 12 -4487 ORDINANCE AMENDING 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" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND RESCIND THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways; WHEREAS, the Iowa City Community School District has closed Roosevelt Elementary as of June 2012 and will open Borlaug. Elementary in August of 2012; and WHEREAS, City Code Section 9- 3 -6(C) currently defines 20 MPH school speed zones for streets near for ele- mentary schools; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section C, entitled "School Speed Zones" is hereby amended by deleting the following lan- ni ianP• Name of Street Where Limit Applies Benton Street From Benton Drive to Hudson Avenue and adding the following lanquaqe: Name of Street Where Limit Applies Kennedy Parkway From Camp Cardinal Boulevard to Camp Cardinal Place SECTION II REPEALER. All ordinances and parts of ordinances in conflict with the provision 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, provi- sion or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 31st day of July, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk cc- a000009947 August 9, 2012 r 2gul 0—kin CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4488 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on August 30, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. v k�l Jut". . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED.ID #42- 0330670 Vii.. 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 Subscribed and sworn to before me this __3&4r$0` day of A.D. 20-0L• N LINQA K QTl nIW 73261 0 f OFFICIAL PUBLICATION B. Deleting sub - subparagraph ORDINANCE NO. 12 -4488 14- 2B- 4B -3e(1) and substituting AN ORDINANCE AMENDING in lieu thereof: CERTAIN PARAGRAPHS WITHIN Where at least 50 percent of TITLE 14, ZONING CODE, the lots along a frontage have ARTICLES 2A AND 2B, TO been developed and all of EXEMPT BLOCKS WITH THREE these developed lots are occu- OR FEWER HOME LOTS FROM pied by principal buildings that FRONT SETBACK AVERAGING. are located at least 5 feet fur - WHEREAS, one of the main pur- ther from the street than the poses of establishing minimum required front setback, the front setback standards is to main- required front setback along tain a general consistency in the the frontage is increased to the placement of homes along a street equivalent of the setback of frontage; and the building closest to the WHEREAS, consistent placement street. However, this averaging of homes in relation to the street provision does not apply to and to other homes on adjacent frontages that contain three or lots is one element that helps to fewer lots. define the character of a neighbor- C. Deleting paragraph 14- 213-61 -1 hood; and and substituting in lieu thereof: WHEREAS, minimum setback The front setback for new standards have varied over time buildings must not deviate and some neighborhoods were more than 5 feet from the aver - intentionally built with deeper or age setback of existing princi- shallower front yards, and the zon- pal buildings along the same ing code contains setback averag- frontage. Alternatively, for ing provisions that allow or require frontages than contain more variation from the current minimum than six lots, the average may setback standards in cases where be calculated based on the a majority of homes along a front- principal building setbacks on age have been built with deeper or the four closest lots along the shallower setbacks; and same frontage to the lot con - WHEREAS, while setback aver- taining the new building. aging provisions are intended to However, a new building shall allow new or infill development to not be located closer to the respond to the general character street than the existing princi- that has already been established pal building that is closest to along a street frontage and have the street along the same worked well in ensuring that homes frontage. This setback stan- are placed in a manner that reflects dard supersedes the setback the neighborhood character, the standards of the base zone. averaging formula does not work Frontages that contain three or for very short frontages that con- fewer lots are exempt from the tain only a few lots; and provisions of this paragraph. WHEREAS, on such short block SECTION II. REPEALER. All ordi- frontages, the construction of one nances and parts of ordinances in or two homes is not sufficient to conflict with the provisions of this establish a general character for a Ordinance are hereby repealed. neighborhood and yet with the cur- SECTION III. SEVERABILITY. If rent setback averaging provision any section, provision or part of the the placement of just a couple Ordinance shall be adjudged to be homes would effectively establish a invalid or unconstitutional, such new more restrictive setback adjudication shall not affect the requirement for the remaining validity of the Ordinance as a whole property on the frontage with no or any section, provision or part real benefit; and thereof not adjudged invalid or WHEREAS, exempting frontages unconstitutional. containing three or fewer lots from SECTION IV, EFFECTIVE DATE. the setback averaging provisions This Ordinance shall be in effect would prevent these types of unin- after its final passage, approval and tended consequences; and publication. WHEREAS, from time to time, Passed and approved this 21st zoning ordinance provisions are day of August, 2012. reviewed to make sure they are still s /Matthew J. Hayek, Mayor relevant and effective; and Attest: s /Marian K. Karr, City Clerk WHEREAS, the Planning and Zoning Commission has reviewed Pc 60MOIC822 August 30, 2012 these minor corrections to the zon- ing code and recommend approv- al. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as fol- lows: A. Deleting sub - subparagraph 14- 2A- 4B -3e(1) and in substitut- ing in lieu thereof: Where at least 50 percent of the lots along a frontage have been developed and all of these developed lots are occu- pied by principal buildings that are located at least 5 feet fur- ther from the street than the required front setback, the required front setback along the frontage is increased to the equivalent of the setback of the building closest to the street. However, this averaging provision does not apply to frontages that contain three or fewer lots. � r i � MR CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4489 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on August 30, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. v Ju . Voparil Deputy City Clerk Printer's Fee $J�y CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, Q c 61e�k k1P0_ 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): a 0 yQ 1 Legal Cl Subscribed and sworn to bef re me this _ A04"'Ilay of A.D. 20Jjc1_. No LINDA 73261 �'� �N . OFFICIAL PUBLICATION ORDINANCE NO. 12 -4489 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE. (REZ09- 00003) WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and WHEREAS, the Comprehensive Plan's guidelines for new neighbor- hoods encourages the develop- ment of compact neighborhoods in close proximity to services and amenities; WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex residential development, but also states that the property will require careful design due to its topographic conditions and the unusual shape and size of the prop- erty; WHEREAS, the applicant has pro- posed townhouse - style, attached single family dwellings and has pro- posed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the proposed lot lay- out allows vehicle access to all the dwelling units via a rear drive from Walden Road, making it unneces- sary for additional access from Mormon Trek Boulevard, an arterial street; and WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent properties to the south and the proposed concept plan for cluster- ing the dwelling units along the street frontages will provide more room on the site for appropriate storm water detention facilities that will improve drainage; and WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is provided on site; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan provided that any future subdivision plat substan- tially complies with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive residential appearance along the street front- ages, a rear drive with access limit- ed to Walden Road, adequate on- site visitor parking to prevent con- gestion along neighboring streets; and storm water management that meets City standards; and p y� WHEREAS, Iowa Code Section 414.5 (2007) provides that the City of Iowa City may impose reason- able 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/owner acknowledges that certain condi- tions and restrictions are reason- able to ensure that development of this property complies with the Comprehensive Plan and address- es concerns regarding residential clustering, storm water manage- ment, vehicular access, and ade- quate off - street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of August, 2012. s/Matthew J.-Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Walden Wood Lot 79 L.L.C. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard; and t a- WHEREAS, the Owner has will conform to all other require - ments of the zoning chapter, as requested rezoning of said property well as the following condi from Medium- Density Single - Family tions: Residential ((RS -8) zone to High- a. At the time of development, Density Single - Family Residential the storm water management ,(RS- .12 )zong: and system will be designed and WHEREAS, the applicant has pro- constructed in accordance posed townhouse - style, attached with the design approved by single family dwellings and has pro- the City Engineer, , including posed clustering the dwellings the required detention and along Mormon Trek Boulevard and outlet criteria. Walden Road in order to provide b. At the time of development, dwellings that have a residential the storm water management presence along the street frontages system will be designed in a on this property that is unusually with limited street frontage; manner that will not exacer- bate storm water drainage shaped and issues on adjacent properties. WHEREAS, the Planning and Zoning Commission has reviewed c. Development will be in gen- eral compliance with the sub - the proposed rezoning and deter- mitted concept plan regarding mined that it complies with the site layout, lot configuration, Comprehensive Plan provided that and building orientation. any future subdivision plat substan- d. Vehicular access to all of the tially complies with the proposed lot units shall be from a rear lane layout with townhouse style, that connects to Walden attached single - family dwellings that present an attractive residential Road. e. No direct vehicular access appearance along the street front- shall be allowed from Mormon ages, a rear drive with access limit- Trek Boulevard. ed to Walden Road, adequate on- f. At the time of development, a site visitor parking to prevent con- minimum of six visitor parking gestion along neighboring streets; spaces will be provided along and storm water management that the rear lane near the units meets approval of the City Engineer that front on Mormon Trek Boulevard and each dwelling and WHEREAS, Iowa Code §414.5, as unit shall include a 2 -car amended, provides that the City of garage located behind the Iowa City may impose reasonable unit with access provided conditions on granting an appli- cant's rezoning request, over and from the rear lane. 4. The Owner and City acknowl- above existing regulations, in order edge that the conditions con - to satisfy public needs caused by tained herein are reasonable the requested change; and conditions to impose on the WHEREAS, the Owner acknowl- edges that certain conditions and land under Iowa Code §414.5, as amended, and that said restrictions are reasonable to ensure the development of the conditions satisfy public needs that are caused by the request - property is consistent with the Plan and the ed zoning change. 5. The Owner and City acknowl- Comprehensive Southwest District Plan; and edge that in the event the sub - WHEREAS, the Owner agrees to develop this property in accordance ject property is transferred, sold, redeveloped, or subdivid- with the terms and conditions of a ed, all redevelopment will con - Conditional Zoning Agreement. form with the terms of this NOW, THEREFORE, in consider- Conditional Zoning Agreement. ation of the mutual promises con- 6. The parties acknowledge that tained herein, the parties agree, as this Conditional Zoning Agreement shall be deemed to follows: 1. Southgate Development be a covenant running with the Company is the legal title hold- land and with title to the land, er of the property legally and shall remain in full force described as LOT 79, WALDEN and, effect as a covenant with WOOD PART 7 IN THE CITY title to the land, unless or until OF IOWA CITY, JOHNSON released of record by the City COUNTY, IOWA; SAID PARCEL of Iowa City. CONTAINING 4.29 ACRES, The parties further acknowledge SUBJECT TO EASEMENTS that this agreement shall inure AND RESTRICTIONS OF to the benefit of and bind all RECORD. successors, representatives, 2. The Owner acknowledges that and assigns of the parties. the City wishes to ensure con- formance to the principles of 7. The Owner acknowledge(s) that nothing in this Conditional the Comprehensive Plan and Zoning Agreement shall be the Southwest District Plan. construed to relieve the Owner Further, the parties acknowl- or Applicant from complying edge that Iowa Code §414.5, with all other applicable local, as amended, provides that the impose state, and federal regulations. 8. The agree that this City of Iowa City may reasonable conditions on parties Conditional Zoning Agreement granting an applicant's rezon- shall be incorporated by refer - ing request, over and above the ence into the ordinance rezon- existing regulations, in order to ing the subject property, and satisfy public needs caused by that upon adoption and publi- the requested change. cation of the ordinance, this 3. In consideration of the City's agreement shall be recorded in rezoning the subject property, the Johnson County Recorder's Owner agree(s) that develop- Office at the Applicant's ment of the subject property expense. Dated this 21st day of August, 2012. CITY OF IOWA CITY s/Matthew Hayek, Mayor Attest: s/Marian K. Karr, City Clerk WALDEN WOOD LOT 79, L.L.C. By: Southgate Development Services, L.L.C. By: s /Joseph T. Braverman, President Pc- 600001 W2 August 30, 2012 STATE OF IOWA ) ) SS JOHNSON COUNTY ) CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 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. 12 -4490 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 13, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. \ • c rl\ X J Ju C. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 •f — 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): Subscribed and sworn to before me this ay of D. 20 /a ,omfnwSion Number 73261yI My CommtSsllon ExPk" _- January 27, 2(1_h_I OFFICIAL PUBLICATION ORDINANCE NO. 12 -4490 ORDINANCE REZONING APPROXIMATELY 2.7 ACRES OF LAND LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS FROM MEDIUM - DENSITY SINGLE- FAMILY (RS-8) ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM - DENSITY MULTI - FAMILY (OPD- RM-20) ZONE. (REZ12- 00010) WHEREAS, the applicant, Christian Retirement Services, has requested a rezoning of property located north of Benton Street between George and Streb Streets from Medium- ,Density. Single- Family Residential (RS -8) to Overlay Planned Development Medium - Density Multi - Family Residential (OPD- RM-20) and approval of a prelimi- nary OPD plan; and WHEREAS, an amendment to the Comprehensive Plan changed the land -use designation map for the subject properties from single -fami- ly /duplex residential to Medium - Density Multi - Family Residential', and WHEREAS, the Comprehensive Plan supports provision of group living options for senior citizens, and the Southwest District Plan encourages development of high - quality multi - family housing that is compatible with surrounding devel- opments to meet the housing needs of a variety of households, including elderly residents; and WHEREAS, the OPD zoning gives the City the opportunity to review the design with the intent of assur- ing that the resulting development is compatible with. the neighbor- hood and the overall goals of the Comprehensive Plan; and WHEREAS, the proposed develop- ment includes design features — such as a variety of building materi- als with balconies to create an articulated fagade, inclusion of a courtyard within the main building to provide an open space corridor, development of two duplexes on the east side of Streb Street that function as a transition and step - down between the main building and the RS -8 zone to the west —to the make the development compat- ible with the surrounding neighbor- hood; and WHEREAS, the applicant is seek ing waivers, as allowed by the OPD zoning, to allow the maximum overall height of the building to be increased from 35 feet to 52 feet; and WHEREAS, the height increase is justified, due to design features of the development, the need for housing for senior residents, and the provision of two levels of inte- rior.parking; and WHEREAS, the applicant is seek- ing waivers to allow a variation in tree coverage standards for the courtyard area, since the courtyard functions more as open space than as a rooftop; and WHEREAS, the applicant is seek- ing waivers to increase the width of two garage doors within the devel- opment from a maximum of 18 feet to 20 feet, which is reasonable given that they would be located in the interior of the development; and WHEREAS, the applicant has agreed to dedicate additional right - of -way to bring the north side of Benton Street up to current arterial street right -of -way standards as shown on the OPD plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval of the rezoning and the preliminary OPD plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The prop- erty described below is hereby reclassified from its current zoning designation of Medium - Density Single - Family Residential (RS -8) to Overlay Planned Developed Medium - Density Multi - Family Residential (OPD- RM -20): LEGAL DESCRIPTION LOT 11 AND LOT 12 OF GRANDVIEW MANOR (PLAT RECORDED IN PLAT BOOK 4, PAGE 430 AT THE JOHNSON COUNTY RECORDER'& OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 1, LOT 2, LOT 3, LOT 4, AND LOT 5 OF A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., (PLAT RECORDED IN PLAT BOOK 4, PAGE 315 AT THE JOHNSON COUNTY RECORDER'S OFFICE), IOWA CITY, JOHNSON COUNTY, IOWA; AND LOT 24, LOT 25, LOT 26, LOT 27, LOT 28, LOT 29 AND LOT 30 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 1, LOT 2 AND LOT 3 OF A SUBDIVISION OF LOT 31 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 23 PAGE 42 AT THE JOHNSON COUNTY RECORDER'S OFFICE); AND LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). &QIQN II VARIATIONS. To allow the development of 73 new dwelling units for the elderly, the OPD -20 Plan for the subject properties var- ies from the RS -20 dimensional requirements. These variations include allowing a height increase from a maximum of 35 feet to 52 feet, allowing the applicant to sub- tract the roof area of the courtyard from the total roof area for the pur- poses of calculating the one tree for every 550 square feet of building coverage required for a residential development, and to allow the width of two garage doors in the interior of the development to be increased from the maximum of 18 feet to 20 feet. The Applicant must obtain approval of the landscape plan from the Director of Planning and Community Development. SECTION III. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Vl, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of September, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk. PC'8001b114M September 13, 2012 I r ®4„ iIII 14 74 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 3S6 -5000 (319) 3S6 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4491 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 13, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. K� Ju ' K. Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 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 _r time(s), on the following date(s): Legal C k Subscribed a d sworn to before me this may of A.D. 20__J,;�. Notary Public A LINDA KROTZ Commission Number 732619 My Commission Expires January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4491 AN ORDINANCE VACATING THE PUBLIC RIGHT-OF-WAY OF SPRING STREET. WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), has requested that the City vacate the public right -of -way of Spring Street; and WHEREAS, the right -of -way to be vacated will be incorporated into a planned development expansion of Oaknoll Retirement Residence, and become a private drive provid- ing vehicular access to two duplexes to be constructed, as well as a parking facility within the main building to be constructed as part of the planned development; and WHEREAS, at present Spring Street has the characteristics of an alley —no sidewalks, curbs or gut- ter, and provides additional rear access to two privately -owned residences; and WHEREAS, a public access easement will be retained for access to these two residences; and WHEREAS, the City will also retain a storm sewer and sanitary sewer easement over the vacated right -of -way; and WHEREAS, all infrastructure and utility improvements necessary for this project will be installed by Christian Retirement Services; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended vacating the public right -of -way of Spring Street, subject to conditions men- tioned above. 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 easements, the City of Iowa City hereby vacates the public right -of- way of Spring Street legally described as follows, subject to the retention of a public access easement and storm and sanitary sewer easement: LEGAL DESCRIPTION SPRING STREET LYING ADJACENT TO LOT 24, LOT 25, LOT 26, LOT 27 AND LOT 28 OF STREB'S SECOND ADDITION TO IOWA CITY (PLAT RECORDED IN PLAT BOOK 4, PAGE 401 AT THE JOHNSON COUNTY RECORDER'S OFFICE). SECTION Il, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of September, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk. PC- 800=1 September 13, 2012 STATE OF IOWA ) SS JOHNSON COUNTY I r =Ma -4 4 74 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. 12 -4492 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 13, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. ��\\ Ju ' . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 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): Legal Subscribed a d sworn to before me this _ay of A.D. 20�• Notary Public DLINDA KROTZ ommission Number 732619 My commission Expres January 27, 2014 neo,riei of 1pL_ICATION ORDINANCE AMENDING TITLE ORDINANCE NO. 12 -4492 AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND ORDINANCE 4, ALCOHOLIC BEVERAGES, PROHIBITIONS RESTRICTIONS, SECTION 3, CONSUMPTION POSSESSION CHAPTER 5, AND RESTRICTIONS, SECTION B PUBLIC PLACES AND CITY IN C BUILDINGS, Subsection C, is 3, CONSUMPTION OR POSSESSION IN PUBLIC hereby amended deleting it In Its entirety and replacing It with the PLACES AND CITY BUILDINGS, Subsection B TO ALLOW following language: POSSESSION AND IN CERTAIN C. A person shall not use or con - sume any alcoholic beverages In CONSUMPTION PARK BUILDINGS, PURSUANT any city building, except a city building covered by a valid license TO ADMINISTRATIVE RULE; AND O ALLOW SALCOHOL or permit. Any permit Issued will FOR PO ON AND CONSUMPTION IN CITY abide by and Incorporate adminls- trative rules approved by the City BUILDINGS PURSUANT TO Manager. SECTION II, REPEALER, All ADMINISTRATIVE RULE. WHEREAS, several City depart- in nonce& and parts of provision f this conflict with the provision of this ments are supported by charitable foundations, such as the Iowa City Ordinance are hereby repealed. Public Library Friends Foundation, the Friends of the Center; end SECTION III. SEVERABILITY If any section, provision or part of the and WHEREAS. WHEREAS, those foundations eve t s In to hold tundralelnp events In Ordinance shall be adjudged to be Invalid or unconstitutional, such wish the buildings they support, and adjudication shall not affect the validity of the Ordinance as a wish to allow for the service of alcoholic beverages In these con- whole or any section, provision or part thereof not adjudged Invalid or trolled environments; and WHEREAS,' current Iowa City unconstitutional. SECTION IVV, EFFECTIVE DATE, Code prevents, the possession and consumption of alcoholic beverag- This Ordinance shall be effective upon publication. es In any City buildings; and WHEREAS, the City will soon be Passed and approved this 4th opening two structures, the Ned day of September, 2012. &/Matthew J. Hayek, Mayor Ashton House and the Lodge at the Terry Trueblood Recreation Attest: i/Marian K. Karr, City Clerk Area, which would be appropriate for regulated consumption of alco- PC.,=,,,,, September 13, 2012 holic beverages by members of the public renting these structures; and WHEREAS, City staff does not presently support the expansion of alcoholic beverage use outside these structures In City parka; and WHEREAS, City staff wish to regulate the use of alcohol through administrative rules and a permit- ting process; and WHEREAS, It Is In the best inter, set of the City to adopt this amend- ment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: eMFNDMENTS_. MEWNM. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS, Subsection B. Is here- by amended by deleting it In Its entirety and replacing It with the following language: B. A person shall not consume or possess an alcoholic beverage In a city park, except If'sald person has purchased said alcoholic beverage from an "authorized entity ", and Is on an "authorized site ", as those terms are defined In this section 1, or Is doing so pursuant to a permit Issued by City staff. Any permit Issued will abide by and Incorpo- rate administrative rules approved by the City Manager. This subsec- tion shall not apply to the farmers' market or property within a city park that Is leased to another entity for ninety -nine (99) years or more. t l i I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 3S6 -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. 12 -4493 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 13, 2012. Dated at Iowa City, Iowa, this 3rd day of October 2012. Jull . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I_ time(s), on the following date(s): Legal Clerk Subscribed a d sworn to before me this �_ day of A.D. 20 a - Notary Public �,,.L a LINDA KROTZ $ � CommisWrl Number 732619; My Commission Expires �* January 27, 2014 i public right of way for a valid public OFFICIAL PUBLICATION purpose. The cafe owner has the NOTICE right to appeal a decision to termi- ORDINANCE NO. 12 -4493 nate the agreement to the City Council. The appeals process shall ORDINANCE AMENDING TITLE be the same as provided for mobile 10, ENTITLED USE OF PUBLIC vendors in this chapter. WAYS AND PROPERTY," CHAPTER 3, ENTITLED, F. The easement agreement, at "COMMERCIAL USE OF a minimum, shall require the cafe SIDEWALKS," SECTION 3, operator to provide a certificate of insurance satisfactory to the City, ENTITLED USE FOR SIDEWALK and shall agree to hold the City CAFES," TO REGULATE SIDEWALK CAFES AND harmless against any and all liabili- OUTDOOR SERVICE AREAS ty arising from or relating to the operation of the sidewalk cafe or PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. the location of the cafe on the pub - WHEREAS, sidewalk cafes are a lic right of way including, but not limited to, all claims arising from use of the public right of way in the CB2, CBS, and CB10 zones that occurrences or accidents within require a temporary easement the sidewalk cafe area, including the walkway through a cafe. agreement; and WHEREAS, the City should G. Sidewalk cafes shall operate streamline the process to obtain an only between the hours of seven o'clock (7:00) A.M. and twelve easement agreement and regulate o'clock (12:00) midnight. sidewalk cafes by means of Council H. Food and beverages must be adopted policy and administrative available for service to patrons in a rules; and WHEREAS, it is in the City's inter- sidewalk cafe during all hours of est adopt this amendment. operation. Sidewalk cafes shall not NOW, THEREFORE, BE IT operate when the restaurant kitch- en is closed. ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY 1. A sidewalk cafe serving alco- IOWA: holic beverages shall have an SECTION I AMENDMENTS, employee monitoring the area at all 1.Title 10, entitled "Use of Public times during the hours alcohol is consumed and shall dispense any Ways and Property," Chapter 3, alcoholic beverage under state and entitled 'Commercial Use of local law. Sidewalks," Section 3, entitled "Use for Sidewalk Caf6s," is elimi- J. Amplified sound equipment nated in its entirety and the follow- shall not be permitted K. The operation of any side - ing new Section 3 is substituted in walk cafe shall be in conformity lieu thereof: A. Sidewalk cafes are permitted with all applicable federal, state, in the public right of way only in the and local laws and regulations. L. All fees for the operation of a CB -2, CB -5 and CB -10 zones (the sidewalk cafe shall be set by reso- downtown and the commercial lution. areas directly north and south of the downtown). M.The City Manager is autho- B. No person shall operate a rized to establish administrative rules not inconsistent with any ordi- sidewalk cafe without executing an nance or policy adopted by the City easement agreement. C. Each sidewalk cafe applicant Council. A copy of the policy and shall file an application for an ease- rules shall be on file with the City Clerk and available of the City web - ment agreement with the Public site Works Department, on forms pro- SECTION II. REPEALER. All vided by the City. D. The City Manager, or desig- ordinances and parts of ordinances nee, shall either grant or deny the in conflict with the provision of this Ordinance are hereby repealed. application within thirty (30) days of SECTION III, PENALTIES FOR the application being filed. If the application is granted, the City VIOLATION. The violation of any Manager, or designee, is autho- provision of this ordinance is a municipal infraction or a simple rized to enter into a public right of misdemeanor. way easement agreement. If the SECTION IV. SEVERABILITY. If application is denied, the applicant any section, provision or part of the may appeal to the City Council by filing a written appeal with the City Ordinance shall be adjudged to be Council, and the appeals process invalid or unconstitutional, such shall be the same as provided for adjudication shall not affect the validity of the Ordinance as a whole mobile vendors in this chapter. The City retains the right to limit the or any section, provision or part number of sidewalk cafes. thereof not adjudged invalid or E. After execution of an ease- unconstitutional. SECTION IV. EFFECTIVE DATE. ment agreement, the City Manager, or designee, shall retain the right to This Ordinance shall be in effect terminate the easement agreement after its final passage, approval and but only after written notice of vio- publication, as provided by law. lation has been given and the time Passed and approved this 4th day of September, 2012. to cure the violation has expired. Grounds for termination of the s /Matthew J. Hayek, Mayor easement agreement shall include, Attest: s/Marian K. Karr, City Clerk but not be limited to, repeated vio- ` Pc -6o 114e September 13, 2012 lations of the state and liquor con- trol laws, violations of the ease- " ment agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe ` operations if there is a substantial and reasonable need for use of the � r 1 ,�t wlll� - �S M CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www, icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4494 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 27, 2012. Dated at Iowa City, Iowa, this 5th day of November 2012. Ju Voparil Deputy City Clerk Printer's Fee $_51.35— CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 MW 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): v .A 7 rk Subscribed and sworn to bef re met is ,,13`'day of A.D. 20�.- Notary Public LINDA KROTZ xnmissW Niunbef 732619 My COmmjts m Expkw January 27. 2014 OFFICIAL PUBLICATION a point 2.2 feet West of the East ORDINANCE NO. 12 -4494 line of Section 16; thence South ORDINANCE REZONING 87o50'West along the centerline APPROXIMATELY 2 ACRES of pavement of Highway 1 to LOCATED SOUTH OF HIGHWAY highway station 16 +58.3; thence 1 WEST AND WEST OF South 68.3 feet to the place of SHIRKEN DRIVE AT 521 AND beginning, thence south 531 HIGHWAY 1 WEST FROM 84o48'West 621.3 feet, thence INTENSIVE COMMERCIAL (CI -1) 74o52West 34.36 feet, thence TO COMMUNITY COMMERCIAL South 74o28 "West 333.6 feet, (CC -2). (REZ12- 00013) thence SOuth0050'West 388.3 WHEREAS, the City of Iowa City, feet, thence South 89040' East has initiated a rezoning of property 974.9 feet, thence North located at south of Highway 1 West 0o26'East, 548.6 feet to the place and West of Shirken Drive at 521 of beginning. Subject to cove - and 531 Highway 1 West from nants, conditions, restrictions, Intensive Commercial (CI -1) to and easements of record. Community Commercial (CC -2); SECTION II. ZONING MAP. The and Building Inspector is hereby autho- WHEREAS, the South Central rized and directed to change the District Plan future land -use map zoning map of the City of Iowa City, shows the area along the south Iowa, to conform to this amend - side of Highway 1, from Riverside ment upon the final passage, Drive to the west edge of the lot at approval and publication of this 809 Highway 1, as appropriate for ordinance by law. retail or community commercial SECTION III. CERTIFICATION use; and AND RECORDING. Upon passage WHEREAS, the City is initiating and approval of the Ordinance, the this rezoning to bring the restau- City Clerk is hereby authorized and located within the subject directed to certify a copy of this _rants area into conformance with the ordinance and to record the same, current zoning code and to bring at the office of the County Recorder the zoning into conformance with of Johnson County, Iowa, at the the Comprehensive Plan; and owner's expense, all as provided WHEREAS, the Planning and by law. Zoning Commission has the SECTION IVV, REPEALER. All ordi- reviewed the proposed rezoning nances and parts of ordinances in and has recommended approval. conflict with the provisions of this NOW, THEREFORE, BE IT Ordinance are hereby repealed. ORDAINED BY THE CITY SECTION V. SEVERABILITY. If any COUNCIL OF THE CITY OF IOWA section, provision or part of the CITY, IOWA: Ordinance shall be adjudged to be SECTION I APPROVAL. Property invalid or unconstitutional, such described below is hereby reclassi- adjudication shall not affect the fied from its current zoning desig- validity of the Ordinance as a whole nation of Intensive Commercial (Cl- or any section, provision or part 1) to Community Commercial (CC- thereof not adjudged invalid or 2); unconstitutional. SECTION VI. EFFECTIVE DATE. LEGAL DESCRIPTION Commencing at a point 696.5 This Ordinance shall be in effect feet South of the East Quarter after its final passage, approval and Comer of Section 16, Township publication, as provided by law. 79 North, Range 6 West of the 5th Passed and approved this 18th Principal Meridian; Thence day of September, 2012. S87o50'W, 1659.0 feet, along the s/Matthew J. Hayek, Mayor Centerline, of State Highway No. Attest: s/Marian K. Karr, City Clerk 1, in accordance with Plat of Survey Recorded in Plat Book 13, res0000,z,e. September 27,2012 at Page 40 of the Records of Johnson County Recorder's Office; Thence SOOo00100 "W, 60.05 feet, to a Point on the Southery Right -of -Way Line of said Highway No. 1, which is the Point of Beginning; Thence S00000'00 "W, 109.95 feet; Thence N90o00'00 "E, 187.00 feet; Thence NOOo00'00 "E, 117.03 feet, to a Point on the Southerly Right -of -Way Line of said Highway No. 1, which is 60.00 feet normally distant Southerly of said Centerline of State Highway No. 1; Thence S87o50'W, along said Southerly Right -of -Way Line 187.14 feet, to the Point of Beginning. Said tract of land being subject to easements and restrictions of record. AND The East 125 feet of equal width of the following described real estate: Commencing at the Northeast Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, thence South 696.5 feet along the centerline of the Pavement of Highway 6 and 218 to its intersection with the cen- terline of the pavement of Highway 1 (highway station 0+00) � r ®4 -Niz CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 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. 12 -4495 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 27, 2012. Dated at Iowa City, Iowa, this 5th day of November 2012. ' Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal rk Subscribed and sworn to b re me this _21t-day of A.D. 20-ld--. Notary Public ost LINDA KROTZ Commissar Number,73261G LMy Jan Commission 27 2014 "'X `,mend Artid"4k, ddding the following daipn OFFICIAL PUBLICATION " Delayed De wfte Use: A Delayed Deposit Service Use ORDINANCE NO. 12 -4495 is defined aiduals, ORDINANCE AMENDING TITLE partnerindividual, of individuals, g, 14, ZONING CODE, TO ADD A ship, association, corporation, DEFINITION FOR "DELAYED any other business unit or DEPOSIT SERVICE USES" AND le legal entity, who for a fee REGULATE SAID USES AS accepts a check dated subse- PROVISIONAL USES IN THE to the date it was written COMMUNITY COMMERCIAL or a or a check dated on the date it ZONE. WHEREAS, delayed deposit ser- was written and holds said check for a period of time prior vices, also known as payday lend- to deposit or presentment pur- ers, can trap consumers in repeat suant to an agreement with, or borrowing cycles due to the high any representation made to, the cost of borrowing, short repayment maker of the check, whether term, and consequences of failing express or implied. For purpos- to make good on the check used to es of this Title, this definition secure the loan; and includes only those individuals WHEREAS, Iowa state law licens- and entities to which Iowa Code as delayed deposit services and Chapter 5331) is applicable. For regulates the terms of loans issued the purposes of this Title, by delayed deposit services; and "check" means a check, draft, WHEREAS, a study of the effects share draft, or other instrument of the presence of delayed deposit for the payment of money. service establishments on sur- B. Amend paragraph 14- 4A -41 -2, rounding areas found that delayed Examples, adding a subpara- deposit services tend to concen- graph g, entitled, "Delayed trate in communities where crime Deposit Service Uses," as indi- rates are higher and found a statis- cated below: tically significant correlation g. Delayed Deposit Service between the presence of payday Uses: payday lenders and any lenders and increases in crime; and other similar use that meets the WHEREAS, a study of the effects definition of Delayed Deposit of the presence of delayed deposit Service Use, as defined in service establishments on sur- Article 14 -9A of this Title. rounding areas concluded that C. Amend Table 2C -1, Principal beyond the high cost of borrowing, Uses Allowed in Commercial payday lenders might have broader Zones, adding an additional row effects on a community, such as under the "SUBGROUP" head - crime and economic distress; and ing for Retail Uses, entitled, WHEREAS, while the Iowa City Delayed Deposit Service Uses," community has not necessarily and within this row under the experienced these broader nega- "CC -2" column indicate that tive effects of crime and economic said use is a provisional use in distress, evidence that other cities this zone by adding the abbre- have experienced these negative viation, "PR." effects may be justification for reg- D. Amend Subsection 14- 4B -4B, ulating the location of delayed adding a new paragraph 24, as deposit service establishments; indicated below, and renumber - and WHEREAS, this ordinance is a ing the subsequent paragraph accordingly: preventative measure against the 24. Delayed Deposit Service possible future negative effects, Uses in the CC -2 Zone like crime and economic distress, a. The use is licensed by the of the location of delayed deposit State of Iowa; and services on surrounding areas in b. The use will be located at Iowa City; and least 1,000 feet from any WHEREAS, delayed deposit ser- property containing any vice uses be defined in a manner existing daycare use, educa- consistent with the definition used tional facility use, parks and in the State Code of Iowa; and open space use, religious/ WHEREAS, by preventing delayed private assembly use, or resi- deposit service uses from locating dential use; within 1,000 feet of any property c. The proposed use will be containing any existing daycare located at least 1,000 feet use, educational facility use, parks from any other delayed and open space use, religious /pri- deposit service use. vate assembly use, residential use, SECTION II. REPEALER. All or any other delayed deposit ser- ordinances and parts of ordinances vice use, these broader negative in conflict with the provisions of effects of crime and economic dis- this Ordinance are hereby repealed. tress would be less likely to occur SECTION III. SEVERABILITY If in the areas surrounding delayed any section, provision or part of the deposit service establishments; Ordinance shall be adjudged to be and WHEREAS, the Planning and invalid or unconstitutional, such Zoning Commission has reviewed adjudication shall not affect the this ordinance and recommended validity of the Ordinance as a whole approval. or any section, provision or part NOW, THEREFORE, BE IT thereof not adjudged invalid or ORDAINED BY THE CITY unconstitutional. SECTION IV. EFFECTIVE DATE. COUNCIL OF THE CITY OF IOWA, This Ordinance shall be in effect CITY, IOWA: SECTION I. The Code of after its final passage, approval and Ordinances of the City of Iowa City, publication, as provided by law. Passed and approved this 18th Iowa is hereby amended as fol- day of September, 2012. lows: s /Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC- 8012163 September 27, 2012 1 l i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4496 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of September, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on September 27, 2012. Dated at Iowa City, Iowa, this 5th day of November 2012. k\� ,. Julie K. Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN /� FED.ID #42- 0330670 I' _90L" OLR 5Lsdl��L, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I_ time(s), on the following date(s): 3 �F riEM B Z7T Legal I Subscribed and sworn to before me this day of A.D. 20 jam_. Notary Public �.�.r LINDA KROTZ g Co m*sion Number 732619 fiJfplfBS OFFICIAL PUBLICATION ORDINANCE NO. 12 -4496 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL PERMIT SANCTION. WHEREAS, loud parties greatly impact the peaceful enjoyment of neighboring residents; WHEREAS, when police officers respond to complaints for loud parties, their primary goal is to restore order; WHEREAS, when the occupants open the door for the police and assist the officers with restoring order, the officers often give a warning rather than issue a crimi- nal complaint; WHEREAS, if order cannot be restored and a criminal complaint is necessary, that citation is issued to the tenants or owners who are responsible; WHEREAS, when the police knock on the door of the residence and the occupants do not open the door, it is more difficult to restore order and a criminal complaint against the individual responsible is not a feasible option; and WHEREAS, it is in the best inter- est of the City to establish civil sanctions when the occupants do not answer the door and assist with restoring order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 5, entitled "Keeping Disorderly House," is amended by deleting Section 5 in its entirety and substi- tuting the following Section 5: A. Simple Misdemeanor: No per- son shall permit or suffer to con- tinue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or dam- age to property, or loud, raucous, disagreeable noises to the distur- bance of the neighborhood, or to the disturbance of the general pub- lic, upon any premises owned by the person or in the person's pos- session. For the purposes of this section, "to the disturbance of the general public" includes the distur- bance of persons beyond the sub- ject premises and /or to the distur- bance of . persons upon public places, including peace officers. Any violation of this subsection shall be a simple misdemeanor. B. Authority To Restore Order And Disperse; Failure To Disperse: Upon issuance of a criminal com- plaint for a violation of this section, any peace officer of the city shall have authority to restore order upon the subject premises, up to and including ordering the disper- sal of person(s) from the subject premises. Any person who fails or refuses to obey and abide by such an order shall be guilty of a viola- tion of this section. Any violation of this subsection shall be a simple misdemeanor. C. Civil Sanction: Quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or dam- age to property, or loud, raucous, disagreeable noises to the distur- bance of the neighborhood, or to the disturbance of the general pub- lic, upon any premises owned by the person or in the person's pos- session is prohibited. For the pur- poses of this section, "to the dis- turbance of the general public" includes the disturbance of per- sons beyond the subject premises and /or to the disturbance of per- sons upon public places, including peace officers. Any violation of this subsection by a property owner or tenant is a municipal infraction punishable by a civil penal of $750.00 for first offense and $1,000.00 for second and subse- quent offenses. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 16, enti- tled "Certificate of Compliance and Rental Permit," Subsection C is amended by adding the following new Paragraph 8c: On two (2) or more separate occa- sions within a twelve (12) month period of time, there is a founded complaint against a tenant. "Founded complaint" means the issuance of a municipal infraction against a tenant for violation of Section 8 -5 -5C, "Keeping Disorderly House," of this Code or evidence sufficient to issue a crim- inal complaint for violation of Section 8 -5 -5A, "Keeping Disorderly House," of this Code had a police officer been able to identify a tenant who was present. SECTION ll. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of September, 2012. s/Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk. PC -60 12165 September 27, 2012 4 -Z ni,li' � �0 � M CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4497 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of October, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on October 11, 2012. Dated at Iowa City, Iowa, this 5th day of November 2012. Ju 1 K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN FED.ID #42- 0330670 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): Nth _ - 'Now =�/, Subscribed and sworn to before me this JJ �4' day of fa..�' -c��A.D.20-1,1_- �i Notary Public ,VA,t LINDA KROTZ $ `S� Commission Number 732619 My Commission Exjpires a. January 2_2014 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 12 -4497 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, DEFINING STABLISHING SMALL WIND ENERGY CONVERSION SYSTEMS AND E REGULATIONS TO ALLOW THESE SYSTEMS AS ACCESSORY USES IN CERTAIN ZONES BY SPECIAL EXCEPTION. WHEREAS, Wind Energy Conversion Systems or, as more commonly referred to, wind turbines, are not currently an allowed principal or acces- sory use in Iowa City; and WHEREAS, this ordinance intends to balance the need for clean, renew able energy resources and protecting the public health, safety and welfare of the community; and WHEREAS, regulations in this amendment allow SmaalteWindn Conversion Systems while ensuring they are appropriately designed, located and installed; and WHEREAS, Small Wind Energy Conversion Systems are distinguished from larger utility -scale wind turbines by their limited size, generating a property and that as such are more appropriately scaled for an urban setting; and WHEREAS, the Planning and Zoning Commission has reviewed this ordi- nance and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: aE= TION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Title 14, Chapter 9, Definitions, by adding a new Article G, as follows: Conversion Systems (SWECS) Article G. Small Wind Energy Definitions As used in Subsection 14- 4C -2Y, Small Wind Energy Conversion Systems, the following definitions shall apply. The General Definitions contained in Article A of this Chapter shall apply to all terms used in said subsection that are not defined below. HUB HEIGHT. The distance measured from the surface of the tower foun- dation to the height of the wind turbine hub, to which the blade is attached. OFF -GRID: An electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is con- nected. PRIVATE WIND GENERATOR: An electricity - generating apparatus, whose primary purpose is to produce electricity for use on site, consisting of one wind turbine per parcel, with a generating capacity no larger than ten (10) kilowatt. SHADOW FLICKER: Changing light intensity caused by sunlight passing through the moving blades of a wind energy conversion system. SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system which has a nameplate rated capacity of up to ten (10) kilowatts for residential uses and up to one hundred (100) kilo- watts for non - residential uses and which is accessory to a principal use on the same property. A system is considered a SWECS only if it supplies electrical power solely for the use or uses on the subject property, except that when a property on which the system is installed also receives elec- trical power supplied by a utility company, excess electrical power gener- ated and not presently needed for on -site use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as amended. SMALL WIND ENERGY CONVERSION SYSTEM, BUILDING MOUNTED: A SWECS which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fas- tened to the principal building. SMALL WIND ENERGY CONVERSION SYSTEM, FREE STANDING: A SWECS which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other non- monopole style towers shall not meet this definition. SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS: A small wind energy conversion system that has blades which rotate through a horizontal plane, as shown in the illustration below. SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS: A small wind energy conversion system that has blades which rotate nlana_ as shown in the illustration below. TOTAL EXTENDED HEIGHT. The height above grade to a blade tip at its hiqhest point of extension. TOWER: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the foundation, base, tower, generator, rotor, blades, sup- ports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. WIND TURBINE GENERATOR: The component of a wind energy conver- sion system that transforms mechanical energy from the wind into electri- cal energy. B. Amend Title 14, Section 4C -2, Specific Approval Criteria, by adding a new subsection Y, as follows: Y. Small Wind Energy Conversion Systems Small Wind Energy Conversion Systems (SWECS) are allowed as acces- sory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsectign. 1. Permit Required: a. It shall be unlawful to construct, erect, install, alter or locate a SWECS within the City of Iowa City, unless the owner /operator has obtained a building permit from the City of Iowa City. b. The owner /operator of the SWECS shall obtain all applicable permits required by federal and state law prior to constructing the system. 2. Applicability and Approval Process a. Building- mounted SWECS are allowed in the CI -1, CC -2, CH -1, CB -5, CB -10, 1 -1, 1 -2, RDP, ORP, P1, P2, and ID Zones, in accor- dance with the standards and restrictions set forth in this subsection. b. Freestanding SWECS that do not exceed a total extended height of 45 feetare allowed in the 1 -1, 1 -2, RDP, ORP, P1, P2, ID -I, and ID -RP Zones, in accordance with the applicable standards and restrictions set forth in this subsection. A special exception is required, however, for any freestanding SWECS proposed within 300 feet of a residential zone boundary. c. A special exception is required for any freestanding SWECS that exceed a total extended height of 45 feet in the 1 -1, 1 -2, RDP, ORR P1, P2, ID -I, and ID -RP Zones. 3. Feasibility Study Recommended a. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least 3 months. The applicant for a SWECS building permit shall indicate whether a feasibility study has been conducted and the results of any such study. b. The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the City of Iowa City. The SWECS owner /operator shall have the sole responsibility to acquire any covenants, easements, or similar rights to assure or protect access to sufficient wind as may not be neces- sary to operate the SWECS. 4. Size and Number Of Systems Per Lot a. If allowed in the subject zone, no more than one (1) freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tall- est existing principal building located on said property may be per- mitted. Additional building mounted SWECS may be allowed within the parameters of this subsection. b. Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than 100 kilowatts. However, in no case shall the generating capacity of aggregated SWECS one property exceed anticipated energy needs for on -site consumption. 5. Lot Size Standards a. The minimum lot size for a freestanding SWECS shall be one (1) acre. b. The minimum lot size for a building - mounted SWECS shall be one (1) acre if mounted on a building five (5) stories or less in height. c. There shall be no minimum lot size for building- mounted SWECS if mounted on a building six (6) or more stories in height. 8. Setbacks -- a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated pub - lic street right -of -way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115 %) of the total extend- ed height. If the certificate of insurance for the SWECS requires a greater setback than the setback required herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or existing, proposed, planned, or anticipated public street right - of -way or public trail, including the blade at its greatest horizontal extension. b. The required setback for any building- mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached. 7. Additional Siting Standards a. No portion of a vertical axis SWECS blade shall extend within 12 feet of the ground. b. No portion of a horizontal axis SWECS blade shall extend within 30 feet of the around. c. The blades of any freestanding SWECS may not extend within 20 feet of a parking area, driveway, tree, structure, outdoor use area, pedes- trian walkway, or above -ground utility structure or facility. d. No part of a SWECS shall be located within or over drainage, utility or other established easements. e. No SWECS shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet. f. A SWECS shall be located in compliance with the guidelines of appli- cable Federal Aviation Administration (FAA) regulations as amended. 8. Height Standards Small Wind Energy Conversion Systems are exempt from the maximum height standards of the base zone, however the following height restric- tions apply: a. For freestanding SWECS, the Total Extended Height of SWECS shall not exceed the following: (1) For lots of one (1) but fewer than three (3) acres: 65 feet maxi- mum. (2) For lots of three (3) to seven (7) acres: 80 feet maximum (3) For lots more than seven (7) acres, but less than fifteen (15) acres: 100 feet maximum (4) For lots more than 15 acres: 150 feet maximum b. For building- mounted SWECS, the hub height shall not be more than 10 feet higher than the point of attachment to the building on which it is attached. 9. Design Standards a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited. b. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be comple- mentary in color to the building to which it is attached. Other colors may be allowed at the discretion of the Board of Adjustment. The surface shall be non - reflective. c. No lights shall be installed on the tower, unless required to meet FAA regulations. d. No signage or advertising of any kind shall be permitted on the tower or any associated structures. e. The tower must be designed to prevent climbing within the first twelve feet (12) of height above grade. 10. Coordination with local utility company a. Utility Notification: The City of Iowa City shall notify the applicable utility company of receipt of an application to install an intercon- nected customer -owned generator. Off -grid systems shall be exempt from this notification requirement. b. Interconnection: The SWECS, if not off -grid, shall meet the require- ments for interconnection and operation as set forth by the utility and the Iowa Utilities Board. No permit of any kind shall be issued until the City of Iowa City has been provided with a copy of an executed interconnection agreement. Off -grid systems shall be exempt from this requirement. c. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on -site con- sumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as may be subsequently amended. 11. Performance Standards An applicant shall provide evidence to the City that the following stan- dards will be met: a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed 50 decibels (dBA) when measured from the nearest point on property line to the SWECS. b. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential struc- ture. c. Safety Controls: Each SWECS shall be equipped with both auto- matic and manual braking, governing, or feathering system to pre- vent uncontrolled rotation, over - speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said auto- matic braking system shall also be capable of stopping turbine rota- tion in the event of a power outage so as to prevent back feeding of the grid. d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure. e. Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this Article or elsewhere within the City of Iowa City code. f. Shut Off: A clearly marked and easily accessible shut off for the wind turbine will be required as determined by the Building Official. g. Electromagnetic Interference: All SWECS shall be designed and con- structed to not cause radio and television interference. If it is deter- mined that the SWECS is causing electromagnetic interference, the owner /operator shall take the necessary corrective action to elimi- nate this interference including relocation or removal of the facilities, subject to the approval of the Building Official. A special exception or permit granting a SWECS may be revoked if electromagnetic interfer- ence from the SWECS becomes evident. 4-k co h. Compliance with National Electric Code: Building permit applications for small wind -energy systems shall be accompanied by a line draw- ing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and man- ner of installation conforms to the state National Electric Code. i. Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liabil- ity insurance coverage for the installation and operation of the sys- tem under a standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. j. Engineer Certification: Applications for any SWECS shall be accom- panied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all compo- nents of the SWECS showing compliance with the applicable regula- tions and certified by an Iowa licensed professional engineer shall also be submitted. k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code recognized test standards. I. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and /or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, exclud- ing foundations. Non - function or lack of operation may be proven by reports from the interconnected utility. For off -grid systems the City of Iowa City shall have the right to enter the property at its sole dis- cretion to determine if the off -grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner /operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if request -. ed. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and /or the owner of the property on which the SWECS is located. Removal shall be com- pleted within six (6) months of the date of said written notice. SECTION Il, REPEALER. All ordinances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of October, 2012. s/Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk PC -60a 12761 October 11, 2012 R,-, 3 3 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. 12 -4498 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of October, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on November 1, 2012. Dated at Iowa City, Iowa, this 4th day of December 2012. v �� `-Julie . Vopari Deput� City Clerk Printer's Fee $ 3019 a CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, O � �s P SvJ ArI12.T 2, being duly sworn, say that I am the legal clerk of the IOWA CITY •PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _ I _ time(s), on the following date(s): Legal Cl k Subscribed and sworn to b for me this _� day of A.D. 20_,&A_• � -- Notary Public LINDA KR OTZ o` Commission Number 73261 • My Commission Expires January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4498 ORDINANCE REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AN IOWA HISTORICALANDMARK. (REZ1T2- 00014) WHEREAS, the applicant, Michelle Wiegand, has tes at rezoning of a property located 518 Bowery Street to include des- ignation as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past; and WHEREAS, research conducted on behalf of the applicant revealed that this property may date to the Civil War era, is one of the few remaining examples of a neighbor- hood grocery store, and the Historic Preservation Commission and State Historical Society have determined that it is worthy of preservation; and WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic Landmark to be in compli- ance with the Comprehensive Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 4E('TION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation to include a designation of Iowa City Historic Landmark: AA nE CRIPTION THE EAST 21 FEET OF SOUTH 70 FEET OF LOT 15, BLOCK 6, LYONS 2ND ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. E6T1nni a NING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFI ATI N AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTIQN IV REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI E_E_EgTIVE DATE. This Ordinance shall be in ettect after its final passage, app and publication, as provided by law. Passed and approved this 23rd day of October, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk Pc- SPAD1029092451 November 1, 2012 � 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. 12 -4499 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of October, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on November 1, 2012. Dated at Iowa City, Iowa, this 4th day of December 2012. du_I Voparil Deputy City Clerk Printer's Fee $ 5� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed and sworn to befor me this day of A.D.�200-A;a-_• Notary Public LINM KROTZ $ ' Cwi nissim Number 732619 ow My � tEItP.S LA HEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, Thursday, November 1, 20' Preliminary Planned Development,, Plan, and recommend approval, OFFICIAL PUBLICATION subject to the agreed conditions; ORDINANCE NO. 12 -4499 and WHEREAS, the Planning and AN ORDINANCE CONDITIONALLY Zoning Commission examined the REZONING 172 ACRES OF LAND Preliminary Planned Development from Interim Development - Plan and Sensitive Areas Research Park (ID -RP), Planned Development Plan, and after due Development - Mixed Use (OPD- D deliberation and consideration of MU), Planned Development - Research Development Park (OP D- the application materials and the RDP), and Planned Development - staff recommendations, has rec o d approval; and Office Research Park (OPD -ORP) WHERE WHEREAS, Iowa Code §414.5 to approximately 15.8 acres of (2011) provides that the City of Planned Development - Highway P Iowa City may impose reasonable Commercial (OPD- CH -1), 27.97 acres of Research Development conditions n granting an Park (RDP), and 129.12 acres to cant's rezoning request over r and a and above existing regulations in order Interim Development - Research to satisfy public needs caused by Park (ID -RP) for property LOCATED the requested change; and WEST OF HIGHWAY ONE AND WHEREAS, Owner has agreed NORTH OF INTERSTATE 80. that the property shall be derms (REZ12- 00005 /REZ12- 00006) aped in accordance with the terms WHEREAS, the applicant, Steve and conditions of the Conditional Moss, filed with the City Clerk of Zoning Agreement ensure Iowa City, Iowa, a rezoning applica- appropriate development t in this tion for an office research park and area of the city. an area designated for support NOW, THEREFORE, BE IT retail services, for a total of approx- ORDAINED BY THE CITY imately 171.88 acres of land locat- COUNCIL OF THE CITY OF IOWA ed northwest of the interchange of CITY, IOWA: State Highway 1 and Interstate 80; SECTION I. APPROVAL: and WHEREAS, the City's 1. The approximately 27.97 acres of property legally described Comprehensive Plan indicates that below, is hereby reclassified from this area is particularly suited for ODD - O , and OPD- office and research development RDP o e Research Development park uses due to its proximity to R Park (RDP): Interstate 80 and other successful tp ion: Leal Description: office research park; WHEREAS, Applicant has A part of the Southeast Quarter of the requested the OPD CH -1 zoning Section 35, Township 35 North, Range 6 West of the 5th , , designation to allow for the provi- Iowa City, Johnson County, Iowa, sion of certain retail services to being more particularly described support office park uses not other- as follows: Beginning at the wise allowed within the CH -1; and Northeast corner of said WHEREAS, a small area of retail Southeast Quarter; thence South services, such as hotel facilities, 2°07' East 328.8 feet along the restaurants, retail shops and per - East line of said Southeast sonal services, if developed in a Quarter (assumed bearing for this manner that would complement and support the larger office description only) the point of research park, would be consistent tto hence continuing beginning; thenc South East 913.8 feet along with the Comprehensive Plan; and East line; said East line; thence North 90°00 WHEREAS, certain variations West 499.5 -feet; thence South from the underlying CH -1 zoning 0°00' East feet; thence requirements are necessary to ' We North 9 West 603. feet; ensure that the office park and sup- North thence North 0°00' East 3 feet; port retail area are developed as a thence North East 94.3 East cohesive high - quality office park; North feet; thence North 0 °00' East and WHEREAS, Applicant has sub- 744.4 feet; thence North 20 °58' West 66.1 feet; thence mitted a concept plan for the office Northeasterly 161.5 feet along the park indicating proposed lot layout arc a 6 foot radius curve and street rights -of -way for the first concave ve N Noror thwesterly (chord and future phases of development; bearing North 59 °19' East 161.1 and a planned development plan a feet) to a point of tangency; for the land being zoned OPD CH -1 thence North East 138.3 that gives conceptual building and feet to a point nt o curvature; parking lot locations, pedestrian 1. thence Northerly 1 feet along connections; and landscaping; and the arc of a 7.5 foot t radius curve WHEREAS, in the absence of a concave Westerly (chord bearing m ore detailed master plan, the North East 10.5 feet applicant has agreed to certain conditions to ensure that the office thence Northerly 0.5 feet along park is developed in a cohesive the arc of a 380.0 foot radius curve concave Ea Ea Easterly (chord and attractive manner typical of a bearing North 12 °31' West 301.9 high - quality office, park and said feet) to a point of tangency; conditions shall be recorded as a thence North East 280.0 conditional zoning agreement; ouch East feet; thence South WHEREAS, the Planning and Zoning Commission recommends North 60.0 feet; thence North 90°00' that the concept plan submitted for East feet; thence South 44°56' ' East ast 425.7 feet to the point the OPD -CH -1 zoned properties should be recorded as a part of the of beginning and containing 27.99 planned development plan and all acres more or less. 2. The approximately 15.80 acres site plans for all lots within the of property legally described office park be reviewed by the below is hereby reclassified from Commission for compliance with and -RDP to Planned said concept plan and/or the con- Planned Development D Development Highway ditions contained in the associated 1 Commercial (OPD -CH -1) with the conditional zoning agreement, as applicable; and OFFICIAL PUBLICATION certain additional land uses allowed according to the a condi- tional zoning agreement approved herein: Legal Descri tp ion: That part of the Southeast Quarter of Section 35, Township 35 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of refer- ence at the Northeast corner of said Southeast Quarter; thence South 2 °07' East 1242.6 feet along the East line of said Southeast Quarter (assumed bearing for this description only) to the point of beginning; thence continuing South 2 °07' East 737.9 feet along said East line to a point of intersection with the Northerly right -of -way line of Interstate No. 80; thence South 81 °04' West 646.2 feet along said Northerly right -of -way line; thence North 89 °31' West 491.9 feet along said Northerly right -of -way line; thence North 0 °00' East 476.9 feet; thence North 90 °00' East 603.5 feet; thence North 0 "00' East 365.8 feet; thence North 90 °00' East 499.5 feet to the point of beginning and con- taining 15.80 acres more or less. 3. The approximately 128.12 acres of property legally described below is hereby reclassified from OPD -RDP, OPD -MU, and OPD- ' ORP to Interim Development - Research Park (ID -RP): Legal Description: A part of the Southeast Quarter of Section 35, Township 35 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, and Lot 4, Lot 5, Lot 10, the South 9 acres of Lot 6, and the South 12.5 acres of Lot 8 of a subdivi- sion of the Northeast Quarter of said Section 35 (plat recorded in Plat Book 1, Page 11 at the Johnson County Recorder's Office) all being more particularly described as follows: Beginning at the Northeast corner of said Southeast Quarter; thence South 2 °07' East 328.8 feet along the East of said Southeast Quarter (assumed bearing for this descrip- tion only); thence North 44 °56' West 425.7 feet; thence North 90 °00' West 402.3 feet; thence North 79 °07' West 60.0 feet; thence South 10 °53' West 280.0 feet to a point of curvature; thence Southerly 310.5 feet along the arc of a 380.0 foot radius curve concave Easterly (chord bearing South 12 °31' East 301.9 feet); thence Southerly 11.5 feet along the arc of a 7.5 foot radius curve concave Westerly (chord bearing South 8 °13' West 10.5 feet) to a point of tangency; thence South 52 °23' West 138.3 feet to a point of curvature; thence Southwesterly 161.5 feet along the arc of a 667.0 foot radius curve concave Northwesterly (chord bearing South 59 °19' West 161.1 feet); thence South 20 °58' East 66.1 feet; thence South 0 °00' East 744.4 feet; thence North 90 °00' West 94.3 feet; thence South 0 °08' East 506.9 feet to a point of intersection with the Northerly right -of -way line of Interstate No. 80; thence North 89 "31' West 1239.9 feet to a point of intersec- tion with the West line of the East line of the East 63.75 acres of the West one -half of the Southeast Quarter of said Section 35; thence North 2 °15' West 2023.7 feet along said West line to the -South line of said Lot 8; thence South 88 °58' West 124.5 feet to the Southwest corner of said Lot 8; thence North 2 °08' West 1056.0 feet to a point of intersection with the North line of the South 12.5 acres of said Lot 8; thence North 88 '58' East 2504.5 feet along said North line and along the North line of the South 9 acres of said Lot 6 and along the North line of said Lot 4 to a point of intersection with the East line of said Northeast Quarter; thence South 1 °57' East 1056.0 feet along said East line to the point of beginning and containing 128.12 acres more or less. SECTION II. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION III, ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, the associated condi- tional zoning agreement, planned development plan, sensitive areas development plan, and concept plan for Moss Office Park and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of October, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian . K. Karr, City Clerk Prepared by: Karen Howard, PCD, 410 E, Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00005 & REZ12- 00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Moss Farms, Inc., Stephen A. Moss and David G. Moss (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 172 acres of property located north- west of the interchange of State Highway 1 with Interstate 80; and OFFICIAL PUBLICATION WHEREAS, Owner has requested the rezoning of said property from Interim Development- Research Park (ID -RP), Planned Development - Mixed Use (OPD -MU), Planned Development - Research Development Park (OPD -RDP), and Planned Development - Office Research Park (OPD -ORP) to approximately 15.8 acres of Planned Development - Highway Commercial (OPD- CH -1), 27.97 acres of Research Development Park (RDP), and 129.12 acres of Interim Development - Research Park (ID -RP); and WHEREAS, a planned develop- ment overlay zone allows flexibility in the design, placement and clus- tering of buildings, mixture of uses and related site and design consid- erations; and WHEREAS, the OPD CH -1 rezon- ing is appropriate in this case to allow for the provision of certain retail services to support office park uses not otherwise allowed within the CH -1, particularly given the proximity to the 1 -80 and Highway 1 Interchange; and WHEREAS, in the absence of a more detailed master plan showing how the retail component of this development will be integrated with the other uses allowed in the CH -1 zone, Owner has agreed to certain conditions to ensure that the office park is developed in a cohesive and attractive manner typical of a high - quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has deter - mined that with appropriate condi- tions regarding landscaping, sig- nage, building location, design and materials that ensure that the office park and the support retail area are developed to the quality expected for a Class A Office Park, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of envi- ronmental stewardship and expan- sion of quality job opportunities within the community; and WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all indiviQual site plans for all lots within the office park shall be reviewed by the Commission for compliance with said concept plan and the conditions contained in this conditional zoning agreement in order to ensure that the office park and associated support retail area is developed in a cohesive and quality manner over time; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restric- tions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, Owner agrees to develop this property in accor- dance with the terms and condi- tions of this Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON COUNTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 2 °07' EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF -WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81 °04' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE; THENCE NORTH 89 °31' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE -HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 2 °15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 8; THENCE SOUTH 88 °58' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 2 "08' WEST 1056.0 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88 °58' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1 °57' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS. 2. The Owner acknowledges that the City wishes to ensure confor- mance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. Further, the parties OFFICIAL PUBLICATION acknowledge that Iowa Code §414.5 (2011) provides that 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. 3. In consideration of the City's rezoning the subject property, Owner shall comply with the zoning ordinance, as well as the following conditions: 1) A conceptual landscape plan for the entire area, as legally described above, shall be submit- ted and be approved by the Director of Planning or designee prior to approval of the final plat for Phase One. This plan shall address location of and the gen- eral concept for stormwater facili- ties and illustrate the shared ame- nities or features of the park, Including any trail system, entranceway signage or similar features. The Plan shall be detailed for the area designated as Phase One. The landscaping plan for Outlot A may be concep- tual in nature, but should take into account and be complementary to the sensitive environmental features of the site, including the stream corridors; woodlands, slopes, wetlands, and similar top- ographic and geographic fea- tures. This plan does not need to include landscaping details for individual lots, but rather it should convey the overall character of the shared open space and ame- nities proposed for the office park and support retail area. 2) Prior to final plat, a master sign plan shall be submitted to and approved by the Director of Planning or designee, indicating potential locations and design concept for common signage for the office park, which may include on- premise and off - premise sig- nage for the office park, such as entranceway signage, directional signage, development Signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the develop- ment should have a consistent theme and be constructed of similar quality materials and let- tering. 3) For the area zoned OPD -CH -1, the following additional allowanc- es, standards and restrictions apply: a. No more than two drive - through facilities shall be allowed. Drive - throughs shall comply with the special excep- tion approval criteria applicable in the CC -2 Zone, however, a special exception shall not be required. The Planning and Zoning Commission shall have the authority to act on behalf of the Board .of Adjustment when considering approval of drive - through facilities. b. Accessory outdoor display and storage `is allowed only in accordance with the commercial site development standards that apply in the CC -2 Zone. c. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal com- mercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely to the side or rear of buildings, however a maxlrnum,-, of one double - sided parking aisle may be located between the building and the street, except for lots with multiple frontages, for which only one frontage needs to meet this standard. d. Parking areas must be setback at least 50 feet from the Interstate 80 right -of -way and this setback area must be land- scaped with trees, shrubs and ground cover consistent with the general landscaping plan for the office park. e. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: I. Sales- oriented and Personal Service- Oriented Retail Uses up to a maximum of 50,000 square feet per lot; ii. General Animal- Related Commercial Uses; and iii. Specialized Educational Facilities. 4) Site plans for development of every lot shall be reviewed and approved by the Planning and Zoning Commission according to the following standards prior to issuance of a building permit for the subject lot. Decisions of the Planning and Zoning Commission may be appealed to the City Council: a. Landscaping Standards I. On -lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be not less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, park- ing areas, structures, build- ings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features considered to be necessary but essential to the central landscape theme. ii. Stonnwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking area placement and provision of open space shall take into account and respond sensi- tively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehic- ular use areas shall be effec- tively screened from public view. Screening shall be accomplished through the design incorporation of land- scaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year -round effec- tiveness; topography such as the natural or manmade grade differences; structural addi- tions such as permanent walls; or other equally permanent and effective screening inno- vations. Anyone or combina- tion of screening methods may be used providing, however, the net result shall be comple- mentary to the central land- scape theme as well as effec- eQ_461 OFFICIAL PUBLICATION tiveig accomplish the conceal- ment of the area In question. v. Parking shall be set back a minimum of 20 feet from City street rights -of -way, 50 feet from the Interstate 80 right -of- way, and 10 feet from all other property lines and from com- mon drives external to a park- ing area, except in the case of abutting parking lots for which cross - access has been estab- lished over the parking areas, which may be constructed as seamless paving across the property line. b. Bu*ldina Material Standards I. Building facades shall be pre- dominantly constructed of high quality exterior building materi- als, including window systems, brick, masonry, stone, stucco, colored and burnished con- crete masonry units, architec- tural pre -cast panels, and architectural metal panels. Concrete panels with a veneer of brick or masonry may be approved provided the materi- al gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality build- ing materials should be con- centrated along building walls that are visible from public streets and public areas or that contain public entrances. ii. Other lower quality or less durable exterior building mate- rials, such as smooth -faced concrete block, unadorned tilt - up concrete panels, and EIFS do not qualify as quality build- ing materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artifici- ality of the material are not allowed. c. Buildina Articulation and Fenestration Standards I. Buildings must include details and features that provide visu- al interest, reduce the percep- tion of the mass of the build- ing, and provide a cohesive appearance to the building. Building facades shall be artic- ulated by using color, window arrangement, change in mate- rials, and change in plane to vary the height, depth, or direction of exterior walls. Stretches of blank wall with no windows or other architectural features are discouraged, par- ticularly along building walls that are within public view, as defined by the Zoning Code. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type of materials and detailing found on the principal facades of the buildinn iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementary to those of neighboring .buildings: Design linkages are required through the placement of window lines, belt courses, and other hori- zontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal facade to provide horizontal lines and vertical rhythm fo the building. Building design should be compatible and harmonious with neighboring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally con- sistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entranceways on retail buildings. Arcades may also be used to provide weath- er protection for pedestrians. v. Transparent entries and large ground -level storefront win- dows are required along street- facing facades of all retail buildings (not including banks or hotels /motels). To meet this standard, a minimum of 50% of the street- facing building facade between 2 and 10 feet in height from the adja- cent exterior grade must be comprised of transparent (no more than 10% daylight reduc- tion) windows and doors. Such windows and doors must be vertically- oriented in a stan- dard, mainstreet storefront configuration that allow views into the interior space or be designed as storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. While banks, hotels and motels are not required to meet this standard, transpar- ent entries, and generous fen- estration along street - facing facades is encouraged consis- tent with the intended use of the building. d. Sianage Standards I. Wall Signs: All signage con- structed as wall signs on build- ing fascia within the develop- ment shall incorporate aes- thetic features compatible with the overall character of the development. All wall signs will be composed of solid individu- al letters attached to the build- ing fascia, or Individual letters of anodized aluminum, galva- nized metal; or illuminated, self - contained translucent plastic faces set in anodized aluminum returns and trim. Logos shall generally be con- structed in the same manner as individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be con- toured, a panel sign may be allowed if the panel is sized and constructed in a manner that minimizes the overall sign size and limits the portion illu- minated to just the logo. ii. Freestanding pole signs, including tall interstate pole signs, are not allowed. However, one common wide based freestanding sign is allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to one additional common, wide -based free- standing sign is allowed along the Interstate frontage to pro- vide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be setback a minimum of 20 feet from the interstate right - of -way but shall be located within the first 100 feet of lot depth as measured from the interstate right -of -way. The maximum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double - faced for a total of 400 square feet. The name of the develop- ment shall be indicated within the top one -fourth of the sign copy area. The maximum letter height for tenant identification copy on the sign shall be eigh- teen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maxi- mum height specified in the Iowa City Zoning Code,but In no case shall a monument sign exceed 8 feet in height. iv. For Phase One of the devel- opment, one of the following sign types, as defined in the Iowa City Zoning Code, is allowed at the entrance to the office park near the intersec- tion of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road with the east property line of the Moss Ridge. Campus development: Development Sign; Entranceway Sign; or Masonry Wall Sign(s).The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of Phase 1. The signs shall be identification signs for the entire office park and shall not provide identification for individual tenants or business- es within the office park. The sign shall be in conformance with the specifications set forth in Table 513-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is locat- ed. For future phases of the office park development, addi- tional locations for similar entranceway signage may be allowed near the intersections of Moss Meadows Road and Creek Preserve Road with Oakdale Boulevard and /or in locations where other public streets enter the office park development from 'In abutting property that is not within the development. Specific entranceway sign locations for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On- or off - premise directional signage may be allowed according to the master sign ;plan. 4. The Owner and City acknowl- edge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zon- ing change. 5. The Owner and City acknowl- edge that in the event the subject property is transferred, sold, rede- veloped, or subdivided, all redevel- opment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regula- tions. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 23rd day of October, 2012. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: ?Y� 7V. eaW Marian K. Karr, City Clerk MOSS M , INC. BY� :t- gleptiM A. Moss, PresWent J A. Ml spouse of DWW O. Moss PC- SPAD1018092M November 1, 2012 1�- (-k q� s 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. 12 -4500 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of November, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 6, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. J li . Voparil Deputy City Clerk (74:4�, t2.. -- 4Sa j� Printer's Fee $ 1_ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 r Mgm being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed and sworn to beforg,tne this tD4$- day of A.D. 20--b-7- . Notary Public .f tat LINDA KROTZ ` Commission Number 732619 My Commission Expires oW • January 27,_ 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4500 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM- 20). (REZ12- 00023) WHEREAS, the applicant, 3 Diamond Development, L.L.C., has requested a rezoning of property located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM- 20); and WHEREAS, the Southeast District Plan encourages redevelopment and reinvestment of the Towncrest area, and specifies that new devel- opment in the area should incorpo- rate a diversity of uses, mixed verti- cally within buildings and horizon- tally along a network of streets, and include apartment buildings, live - work and residential townhouses to transition from any new develop- ment to the detached single - family neighborhood surrounding Towncrest; and WHEREAS, the applicant intends to redevelop this site with apart- ments designed for and occupied by elders and /or persons with dis- abilities, a use that is compatible with and complementary to the nearby retail services and medical offices in the area; and WHEREAS, this intended use is a new use for the area, thereby fur- thering the goal of mixed uses throughout the Towncrest area; and WHEREAS, this redevelopment will set an example to encourage further reinvestment and redevel- opment in this area; and WHEREAS, there is a demonstrat- ed need for elderly housing within Iowa City and the Towncrest area, and a conditional zoning agree- ment will ensure the apartments will be reserved for and occupied by elders and /or persons with dis- abilities; and WHEREAS, the subject property is within the Towncrest Design Review Overlay District and there- fore the final design must be approved by the City's Design Review Committee according to the Towncrest Design Plan Manual; WHEREAS, members of the pub- lic and the Planning and Zoning Commission expressed concern over the lack of usable private and semi - private green space for the residents as called for in the Southeast District Plan and there- fore recommend as a condition of the rezoning that a landscaping plan illustrating how usable out- door greenspace will be incorpo- rated into the development be sub- mitted as a component of the developer's application for Design Review; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested chancre: and WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appro- priate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation Office Commercial (CO -1) with, a Design Review Overlay (ODR) to Medium Density Multi - Family Residential (RM -20) with a Design Review Overlay (ODR): LEGAL DESCRIPTION The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa, according to the recorded plat thereof, excepting any portion of said Lot 7 falling within the fol- lowing described tract of land: Commencing at an iron pin mark- ing the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence South 90 °00'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 100'00" East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west building line to the centerline of an east -west common wall; thence South 90 °00'00" East 44.63 feet along said common wall centerline and its easterly exten- sion to a P -K nail on the east line of the said west one half of Lot 7; thence North 0 °07'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly extension of a P -K nail; thence South 89 °03'00" West 190.22 feet to the Point of Beginning (1030 William Street). SECTION 11. ZONING MAP. The building official is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the Countv Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section,. provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 27th day of November, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Towncrest Investments, L. P. (hereinafter "Owner "), and 3 Diamond Development, L.L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.38 acres of property located at 1030 William Street, Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (ODR -CO -1) to Medium - Density Multi - Family Residential (ODR- RM-20); and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions ensuring the apartments will be reserved for and occupied by elders and /or persons with disabili- ties, and ensuring the adequate provision of private and semipri- vate outdoor spaces as called for in the Southeast District Plan, as determined by staff through the design review process, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are rea- sonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Southeast District Plan; and WHEREAS, the Owner and Applicant agree to develop said Property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: v 1. Towncrest Investments, L.P. is the legal title holder of the property legally described as: The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ;according to the recorded Plat thereof, excepting any portion of said Lot 7 falling within the fol- lowing described tract of land: Commencing at an iron pin mark- ing the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence South 90°00'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 °00'00" East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west building line to the centerline of an east -west common wall; thence South 90 °00'00" East 44.63 feet along said common wall centerline and its easterly exten- sion to a P -K nail on the east line of the said west one half of Lot 7; thence North 0 °07'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly extension of a P -K nail; thence South 89 °03'00" West 190.22 feet to the Point of Beginning (1030 William Street). 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the prin- ciples of the Comprehensive Plan, specifically the Southeast District Plan. Further, the parties acknowl- edge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the exist- ing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the •subject prop- erty will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Uses shall be restricted to elder apartment housing, as defined in the Iowa City Code of Ordinances; and b. There shall be no vehicular drive between the building and the southern property line; and c. Private and semi - private out- door spaces will be provided in accordance with the Southeast District Plan, the size and location of which is to be determined by staff through the design review process. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 27th day of November, 2012. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk 3 Diamond Development. L.L.C., APPLICANT s/Benjamin Porush Director of Operations Towncrest Investments, L.P., OWNER s/Ernest Stoppelmoor Partner PC- 8000015123 December 6, 2012 (1" 3. � � --)� Azgul� qw 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. 12 -4501 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of November, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 6, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. v Julie . Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, Ro 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 r time(s), on the following date(s): Subscribed and sworn to before me this � day of Notary Public p I t LIfYNg f\Rt31 L 326 Januan/.27, 20 #4 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4501 ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ12- 00020) WHEREAS, the applicant, Terry Lockridge and Dunn World Trend Financial, has requested a rezoning of the property located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the Southwest District Plan future land -use map indicates the appropriate use for this area as general commercial, which is intended to provide opportunity for a large variety of commercial uses that serve a major segment of the community; and WHEREAS, the subject property is located within the West Side Park subdivision, and the West Side Park subdivision has evolved from its original plan of being a commer- cial and light industrial park into an area that contains residential and commercial uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. — NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of CI -1 to CC -2: LEGAL DESCRIPTION THAT PART OF LOT 41 OF WEST SIDE PARK DESCRIBED AS AUDITOR'S PARCEL #20001069 IN SURVEY BOOK 43, PAGE 134 IN THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE SECTION II ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI 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 November, 2012. s /Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk. PC 6000615124 December 6, 2012 III 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. 12 -4502 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 13, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Julie . Voparil Deputy City Clerk Printer's Fee $ 5n,53 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ____ time(s), on the following date(s): D! Cl , ?� M_ Legal Subscribed and sworn to be re me this __L3!�t day of A.D. 20 Q, . - Notary Public LINDA KROTZ Commission Number 7326191 • My Commission Expires or Januaar r 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4502 AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY 'MEDIUM- DENSITY SINGLE- FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE - STORY RANCH -STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022) WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning to amend the Planned Development Overlay Medium - Density Single - Family (OPD -8) Plan for Saddlebrook Meadows Part 1 to add a single -story ranch- style house plan to the previously approved OPD plan for property located at Whispering Meadows Drive and Pinto Lane; and WHEREAS, the previously approved OPD plan for Saddlebrook Meadows includes three to seven models of single - family homes, all of which have two stories; and WHEREAS, the applicant has requested the option of replacing up to six of the two -story models with one -story dwellings to provide for more affordable units and dwellings on a single floor; and WHEREAS, the approved single - family lots are considerably smaller and narrower than what is typically allowed in the underlying Medium - Density Single- Family (RS -8) zone, and, due to the presence of alleys, the models include a mix of attached and detached garages, which results in less usable yard space than in most newer neigh- borhoods; and WHEREAS, the proposed house models will include full -width front porches that will be a minimum of 8 -feet deep to provide for usable outdoor space; and WHEREAS, the previously approved OPD Plan included a variety of house models and required that identical models not be repeated next to each other, a condition that also applies to the revised plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Planned Development Overlay Plan for the properly legally described below is hereby amend- ed to allow for the addition of a single -story ranch -style house plan, as shown on the plan attached hereto and incorporated herein by this reference: THE SADDLEBROOK MEADOWS PART ONE SUBDIVISION, AS RECORDED IN BOOK 3846, PAGE 747, BY THE JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, JOHNSON COUNTY, IOWA SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SE[`TION IV REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk .—= j �I EAPNi ELFV1?IpN ,. ^ ^!Lfii Poe000 15w December 13, 2012 1 r i �►Tr+rlr w 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. 12 -4503 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 13, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Julie-R. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 •1.� �� being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Subscribed and sworn to be f re met is j244--d ay of 11 10 A.D. 20J�._• Notary Public LINDA KROTZ Commission Numbef 732619 My CioMmjSsim Expires o. January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4503 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ALLOW FOR THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY DETACHED USES AND TO REF(~pW4;E$PANDARDS FOR._, STRUCTURES FOR THE KEEPING OF CHICKENS. WHEREAS, a large number of Iowa City residents, as evidenced by a petition submitted to City Council on July 10, 2012, have expressed interest in allowing chickens in residential zones; and WHEREAS, the Accessory Uses and Buildings section,of the Zoning Code (14-4C) delineates criteria for specific listed accessory uses and structures, and states that a use or structure can be considered accessory if it meets certain gen- eral criteria and is customarily inci- dental to and commonly associat- ed with a permitted principal use; and WHEREAS, urban chickens are not listed as a specific accessory use and, since they are not cus- tomarily incidental to and com- monly associated with a detached single - family residence in an urban neighborhood, they cannot be considered a general accessory use; and WHEREAS, an amendment to the Zoning Code is required to list the keeping of chickens a specific permitted accessory use and to allow for structures for the shelter of chickens as an allowed acces- sory structure; and WHEREAS, additional regula- tions for the keeping of chickens will be established by the Animal Control provisions of the City Code; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Section 14 -4C -2, by adding a new subsection Y as follows: Y. The Keeping of Chickens and Structures for the Shelter of Chickens The keeping of chickens and structures for the shelter of chickens are permitted for detached single - family uses subject to the restrictions and provisions set forth in Title 8', Chapter 4 "Animal Control', of the City Code of Ordinances. SECTION ll. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this t n.dinance are hereby repealed SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PCG5000015%1 December 13. 2012 Kira CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4504 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 13, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Julie R. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, RD &J,�g 5-va A-+1 -'C;Z- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): 13 , 2.0 I Legal Cl z Subscribed and sworn to + -day of D. 2 0_/,X_. !M:� Notary Public �" "te LINDA KROTZ Commission Number 732619, My Commission Expires °"• January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4504 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE. REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT ANIMALS IN SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS. WHEREAS, the Iowa City Downtown District has requested that dogs be allowed on City Plaza with certain restrictions; WHEREAS, City Code section 8 -4 -6F prohibits animals in build- ings serving foot but not in side- walk cafes or outdoor service areas; WHEREAS, City Code section 10 -9 -2D allows a dog to be off - leash in Thornbery Off -Leash Dog Park, but the Code has not been amended to include the City's sec- ond dog park, Rita's Ranch Dog Park; and WHEREAS, it is in the best interest of the City to allow dogs on City Plaza with certain restrictions, to Prohibit animals from being in side- walk cafes and outdoor services areas, and to allow dogs to be off leash in all dog parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMFN21YIE Tc 1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, enti- tled "Prohibitions and Requirements," Subsection D, enti- tled "Animals at Large Prohibited," Paragraph 1d is hereby amended by deleting it in its entirety and substituting the following new Paragraph 1d: It is a dog in a City dog park that has been issued a use permit._ 2. `Title 8, entitle Pbd' "jioe Regulations," Chapter 4, entitled "Animal Control," Section 6, enti- tled "Prohibitions and Requirements," Subsection F, enti- tled "In Food Establishments," is hereby amended by deleting it in its entirety and substituting the follow - ing new Subsection F: In Food Establishments: No ani- mal shall be allowed, taken or per- mitted on or in any building, store, restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared or dispensed to humans other than the owners thereof, except for ani- mals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. 3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6, entitled "Animals Restricted," is amended by deleting Section 6 in its entirety and substituting the following new Section 6: No person shall take, accompany or allow any animal into City Plaza with the following exceptions: a) an animal permitted in section 8 -4 -12 of this code; b) an animal trained to assist per- sons with disabilities; c) an animal securely confined within an animal carrier, kennel, cage, or crate and does not create a public nuisance; or d) a dog restrained with a leash no greater. than six feet (6) in length and not: (1) within 15 feet of the concrete border of the playground equip- ment located south of the public library; (2) in a limestone planter; (3) tethered or tied to any object on public or private property; or (4) in a sidewalk cafe. 4. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," Subsection D, entitled "Animals," Paragraph 3 is hereby amended by deleting Paragraph 3 in its entirety and substituting the following new Paragraph 3: This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person issued a permit as authorized in section 8 -4 -12 of this code; or c) a dog in a City dog park that has been issued a use permit. SECTION 11, REPEALER, All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III . aEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K Karr, City Clerk vC- e000015a December 13, 2012' I r =vs-w5aM -4 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240-1826 (319) 3S6 -5000 (319) 3S6 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4505 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 13, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Jule K. Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS- CITIZEN nFED.ID #42- 0330670 I � �5 � � �r.✓ �k'il� -r: r being duly sworn, say that I am the legal clerk of the IOWA CITY •PRESS- CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Cl Subscribed and sworn to be re me this 1 day of Notary Public pw LINDA KROTZ `* Commission Number 732619 • My Commission Expires a* January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4505 ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES, AND SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR UTILITY ACCOUNTS AND RAISE RECONNECTION AND CARDING FEES TO REFLECT ACTUAL COSTS incurred by the city; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES - GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO HOLD DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES - GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS; TO ENSURE THE IMPOSITION OF LIENS CONFORMS TO STATE CODE; WHEREAS, the City has previ- ously held some protection from loss upon tenant defaults by the City's opportunity to lien the prop- erty in question for most services provided; and WHEREAS, legislative changes to the State Code now result in great- er difficulty for the City in liening for any such charges; and WHEREAS, as a result of said leg- islative change, the City now requires greater protection through utility deposits, which have remained unchanged since 1997; and WHEREAS, residential tenant accounts average $59.92 per month, and staff has historically aimed to set deposits at two months typical use; and WHEREAS, staff believes that raising the deposit for rental accounts from $80 to $120, and holding the deposits until the accounts are closed and paid in full will offer some protection against losses; and WHEREAS; staff wishes to raise the fee for reconnection of discon- nected service, and the posting fee for shutting off water, in order to recoup actual costs incurred by the City to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby amended by changing the "Deposit and delinquency fee for combined city water and /or sani- tary sewer and/or solid waste col- lection accounts" for "Residential tenant accounts" from "80.00" to "120.00 "; and for "Commercial account ", deleting the language and replacing it with the following: An amount equal to an average 2 month billing for commercial ser- vice for city water and /or sanitary sewer service, or $120.00, which- ever is greater. And is further amended by chang- ing the "Reconnection of discontin- ued service" fee from "$35.00" to "$45.00" for the ",Fee During Normal Working tia, " . epd.flgm,'$70.00" to $80.00r the Additional Service Fee After Normal Working Hours ", and by changing the "Posting fee for shutting off water in collection procedure" from "35.00" to "$45.00" for the "Fee During Normal Working Hours ". TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES is hereby amended by changing the "Deposit and delinquency fee for combined city water and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per combined residential service for city water and /or sanitary sewer and/or solid waste collection service" from "80.00" to "120.00 ". TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL is hereby amended by changing the "Deposit and delinquency fee combined for city water and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per combined residential service for city water and /or sanitary sewer and /or solid waste collection service" from "80.00" to "120.00 ". TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES - GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED is hereby amended by deleting paragraph "B." in its entirety and replacing it as follows: B. Required deposits shall be held until service is terminated and the account closed. At such time, the amount of the deposit shall be credited to the account or refunded to the account holder if the account is closed and paid in full. TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES - GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, paragraph B.(2) is amended by deleting it in its entire- ty and replacing it as follows: 2. For residential rental properties where the charges for service are separately metered and paid directly by the tenant and when the utility account is in the current ten- ant's name, liens of the property shall be pursuant to state code. SECTION II REPEALER All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. Ii any section, provision or part of the M 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. ecrTlC)N IV EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 4th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk aC- 6000015s December 13, 2012 Ry w,l�... P M .� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4506 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 13, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. C -'O . Julie K. Voparil Deputy City Clerk Printer's Fee $_441. 52 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FE_D.ID #42- 0330670 9 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ��F 13, 2-012, Legal irk Subscribed and sworn to bef re me this _.._12� day of A.D. 20_. Notary Public ��„� LINDA KROTZ ' Commission Number 732619', • My Commission Expires e« _ January 27,2014 OFFICIAL PUBLICATION 3. Title 10, entitled "Public Ways ORDINANCE NO. 12 -4506 and Property," Chapter 3, entitled ORDINANCE AMENDING TITLE "Commercial Use of Sidewalks," 10 OF THE CITY CODE, Section 5, entitled "Use by Mobile ENTITLED "PUBLIC WAYS AND Vendors," is hereby amended by PROPERTY," CHAPTER 3, adding new Subsection A, ENTITLED "COMMERCIAL USE Paragraphs 2d and 2e as follows: OF SIDEWALKS," SECTION 5, d. No person may have an own - ENTITLED, "USE BY MOBILE ership interest, as determined by VENDORS," TO CHANGE THE the City, in more than three mobile DURATION OF A MOBILE vending cart operations. VENDING PERMIT FROM ONE e. If the City Council decides to YEAR TO THREE YEARS AND eliminate or reduce the mobile TO LIMIT THE OWNERSHIP vending permit program, the City INTEREST TO THREE CARTS. may terminate all permits upon WHEREAS, regulating the use of 120 -day notice to the permittees. public right -of -way by commercial SECTION 11. REPEALER. All ordi- businesses ensures the safe move- nances and parts of ordinances in ment of pedestrians and fair com- conflict with the provision of this mercial use of the right -of -way; Ordinance are hereby repealed. WHEREAS, section 10 -3 -5 pres- SECTION Ill. PENALTIES FOR ently provides that the City may VIOLATION. The violation of any issue permits annually for mobile provision of this ordinance is a vending in City Plaza; municipal infraction or a simple WHEREAS, for ease of adminis- misdemeanor. tration and to align permits on the SECTION IV. SEVERABILITY. If same three -year cycle as sidewalk any section, provision or part of the cafes in the street and in planters, Ordinance shall be adjudged to be the permits for mobile vending invalid or unconstitutional, such should be for three years; adjudication shall not affect the WHEREAS, presently three carts validity of the Ordinance as a are owned in part by one person; whole or any section, provision or and part thereof not adjudged invalid or WHEREAS, it is in the City's inter- unconstitutional. est to increase ft"terib of a mobile SECTION V. EFFECTIVE DATE. vending permit to three years and This Ordinance shall be in effect to prohibit a person from having an after its final passage, approval ownership interest in more than and publication, as provided by three vending carts. NOW, THEREFORE, BE IT law. Passed and approved this 4th day ORDAINED BY THE CITY of December, 2012. COUNCIL OF THE CITY OF CITY, s/Matthew J. Hayek, Mayor IOWA: s /Marian K. Karr, City Clerk SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways PC- 0000015%8 December 13, 2012 and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph lb in its entirety and by substitut- ing in its place the following new paragraph: Permits will be issued for three - year periods beginning May 1, 2013 to April 30, 2016. All applica- tions for mobile vendor permits must be received by January 31 of the calendar year for which the three -year permit will be issued. Permits for partial periods may be available as provided in the admin- istrative rules. 2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled ,,Commercial- Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substitut- ing in its place the following new paragraph: No more than six (6) permits shall be issued for each three -year peri- od. All permits shall be issued for city plaza except that up to two (2) permits maybe issued for the 100, 200, and 300 blocks of Iowa Avenue. Ordinance No. 12 -4507 - VOID I r Flu ' 0 Al CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240-1826 (3 19) 356 -5000 (319) 356 -5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4508 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 27, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Ju I . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 ME being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Subscribed and sworn to before me th's ay of A.D. 20._,(, -_• _ ___Notar_ b1k_ Wi 'L•L LINDA KR 14 Commission Number 732619 MY Commission Expires Janc�r27 2014 OFFICIAL PUS KATION ORDINANCE NO. 12- 4508 AN- ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOP'T'ING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ^TIOf' 1 AMENDMENT. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2012 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, and I as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards aris- ing from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the occupancy of buildings and premises as herein provided, providing for the issuance of per- mits and each, and all of the regula- tions, provisions, penalties, condi- tions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entire- ty and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5.A.A. A -2 Occupancies that exist- ed prior to August 1, 2007 with an occupant load of 50 -298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. B. B Occupancies' that existed prior to August 1, 2007 located on a floor other than the level of exit dis- charge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. All A -2 Occupancies that exist - ed prior to August 1, 2007 with an occupant load of 100 -298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordi- nances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investiga- tor shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an opera- tional permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved con- struction documents or directive-of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1 -4 -213. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 Delete the section and replace with: No person shall continue any work after having been served 'with a stop -work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer- of the Fire Department, the Fire Marshal, or the Chief's authorized representative. Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The (P3. \ 0. 3 Johnson County Joint Emergency Communications Center. Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9 -4 -13 for additional rules and regulations. Section 202 Delete the existing R -4 definition and substitute the follow- ing: R -4 Residential occupancies shall include buildings arranged for occupancy as residential care/ assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R -4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R -3, except as oth- erwise provided for in that code. Section 307 See also 6 -6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burn- ing. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospher- ic conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of opera- tion. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguish- ment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Section 315.3 Add a sentence to the end of the section to read as follows: Combustible material stor- age shall be confined to approved storage areas, such that the pres- ence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacua- tion. Upon activation of the building fire alarm system or upon notifica- tion by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd manage- ment meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for specific type of event. Section 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2 occu- pancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reach- es 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management tech- niques. Section 405.2 Add to the end of the section as follows: Fire and evacua- tion drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R. Division,_, i I;tl — L_� S_ 0 cs- ck-� 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifi- cations of the Iowa Department of Transportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a mini- mum of 4 inches high with a mini- mum stroke width of 0.5 inch. From 100 -199 ft from the street the num- ber shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from the street the number shall be a mini- mum of 8 inches high with a mini- mum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an addi- tional 2 inches in height. Measurements to determine the minimum number size shall be mea- sured from the approved addrqss location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exceptions: Group R -3 and unse- cured R -2 occupancies. Section 507.5.1 Delete exceptions 1 & 2. Section 507.5.1.1 Delete the sec- tion and replace with: Hydrant for fire sprinkler and standpipe sys- tems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system con- nection and on the same side of the fire department access as the con- nection or as approved by the code official. Section 510.1 Delete exception 1. Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative light- ing, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting instal- lations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or simi]ar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new sec- tion to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach tem- peratures capable of igniting materi- als placed against the surface. Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all appli- cable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut trees and natural decorative vegeta- tion used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occu- pancies. Natural cut trees shall be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1 -4, M, R -1, and R -4 occupan- cies. Exception: Trees located in areas protected by an approved Automat- ic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1. Section 807.4.3.1 Delete excep- tions 1 & 2. Section 807.4.4.1 Delete excep- tions 1 & 2. Section 901.2 (a) Add a new sec- tion to read as follows: Water based fire protection systems. Working plans submitted to the fire depart- ment for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified per- son shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new sec- tion to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any chang- es to the working plans shall be approved by a qualified person. A qualified person shall have a mini- mum National Institute for Certification in Engineering Technologies [NICET] Level III certi- fication for Fire Alarm Systems OR be a licensed engineer with experi- ence in life safety system design: Other qualifications may be approved by the code official. Section 903.1.2 Add a new section to read as follows: Water supply Safety margin. Automatic sprinkler >ystems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2 occu- pancy if one of the following condi- tions exists: 1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story non - abutting buildings; or 2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building offi- cial's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section to read as follows: An auto- matic sprinkler system shall be pro- vided throughout buildings and por- tions thereof used as new Group B occupancies with an ABDL or exist- ing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit dis- charge. The automatic sprinkler system shall be provided through- out the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupancy and the level of exit dis- charge. Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambula- tory care facility and all floors between the ambulatory care facility and the level of exit discharge serv- ing such a facility. Section 903.4.2 Delete'the section and replace with: Alarms. An approved weatherproof horn /strobe device shall be mounted directly above the fire department connec- tion between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a sbgle sprinkler of the smallest orifice size installed in the system. Approved and super- vised audible visual notification appliances shall be installed on each level of the interior of the build- ing as required by the fire code offi- cial and NFPA 72. R L4�k_C*41z_ Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water - flow device for each normally occu- pied floor. The location of sprinkler control valves must be approved by the fire code official. Section 906.1 Delete the-exception without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm con- trol panels and fire alarm annuncia- tor panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new sec- tion to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new sec- tion to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible - alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Section 907.1.4.3 Add a new sec- tion to read as follows: Combination Fire /Security Alarm System Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire /security panel shall be capable of providing a signal that can differ- entiate between the fire and security alarm. Section 907.1.4.4 Add a new sec- tion to read as follows: Password/ PIN Protection, Prohibited: Fire alarm, control panels and /or fire alarm annunciator panels that require a password /PIN to silence an alarm /supervisory/trouble signal and /or to reset an alarm /superviso- ry/trouble signal shall be prohibited. Section 907.1.4.5 Add a new sec- tion to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required — new buildings and structures. An approved and addressable fire alarm system installed in accor- dance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occu- pant notification in accordance with 907.5, unless other requirements are provided by another section of this code. Qom,. \? - -4So% A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedi- cated to elevator recall control and supervisory service. Section 907.2.1 Delete the excep- tion in Section 907.2.1 in its entirety and insert in lieu thereof the follow- ing exceptions: EXCEPTION: 1) Except for Group A -2 occu- pancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A -2. An automatic /man- ual fire alarm system shall be installed in Group A -2 occu- pancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot - candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distrac- tion to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm sys- tem unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by add- ing a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R -2, R -4 and 1 -1 occupancies. In corri- dors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the sec- tion without substitution. Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the require- ments for manual fire alarm boxes. Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprin- kler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.5 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved man- ner. Section 910.1 Delete exception 2 without substitution. Section 910.3.2.2 Delete section and replace with: Sprinklered build- ings. Where installed in buildings provided with an approved auto- matic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity- operated drop- out vents complying with Section 910.3.2.1. Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be auto- matically activated by heat detec- tors having operating characteris- tics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2'/2" National Standard Thread. Section 1028.2 Add the following exception: EXCEPTION: The main entrance/ exit of A -2 occupancies shall be of a width that accommodates not less than two - thirds of the total occu- pant load. Section 1029.1 Modify by deleting exceptions 1 and 3. Section 3206.7 Modify by deleting footnote "J from TABLE 3206.2. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The pos- session, storage, sale, handling and use of gold star producing sparklers on wires which contain no magne- sium or chlorate or perchlorate, flit- ter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum sepa- ration distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.2 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a sec- tion to read as follows: Existing above - ground tank hazards. Existing above - ground tank installa- tions, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accor- dance with this code. Section 5705.5.1 Add an exception to read as follows: 6) Corridor installations, are prohib- ited in Group -E occupancies. 3. Section 3. That the geographic limits referred to in certain sections of the 2012 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of buildings is prohibited in the entire -City of Iowa City, Iowa. Exception: Zones 1 1&2, Cl 1 and/ or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class 11 liquids in above- ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1&2, CI 1 and/ or as approved by the Fire Chief. Section 6104.2. The storage of liq- uefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1&2, Cl 1 and/ or as approved by the Fire Chief. 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 Ordinance shall be in full force and effect January 1, 2013, after final passage, approval and publica- tion, as provided by law. Passed and approved this 18th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk ac- 6000015774 December 27, 2012 � r i �tIII CCCCCV-h CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240 -1826 (3 19) 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. 12 -4509 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 27, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Julie . Voparil Deputy City Clerk �.. �-� — its• � Printer's Fee $A101-11— CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 1,- SiyA -f 2- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s), Legal Cl r Subscribed and sworn to be re met is �riay of A.D. 20 Puhlir LINDA KROTZ Commission Number 732619 My commission Expires January 27, 2 014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4509 along said south R.O.W. line to and all other taxing districts from AN ORDINANCE PROVIDING where it meets the Crandic and after the effective date of this THAT GENERAL PROPERTY Railroad; Thence south along Ordinance shall be divided as here- TAXES LEVIED AND COLLECTED the Crandic Railroad to the inafter provided. EACH YEAR ON ALL PROPERTY south R.O.W. line of Highway 6; Section 2. That portion of the THIN THAT AREA Thence west along the south taxes which would be produced by LOCATED WI ADDED T THE CITY- R.O.W. line of Highway 6 to the the rate at which the tax is levied UNIVERSITY PROJECT 1 URBAN eastern bank of the Iowa River; each year by or for each of the tax - RENEWAL AREA PURSUANT TO Thence southerly following said ing districts upon the total sum of AMENDMENT eastern bank of the river to a the assessed value of the taxable THE TENTH AMEN CITY D IOWA point where the river bank property in the 2012 Amended THERETO IN THE COUNTY CI JOHNSON, meets the extended southern Area, as shown on the assessment CITY, CO , BY AND FOR line of Sturgis Ferry Park; roll as of January 1, 2011, pursuant STATE O IOWA R THE BENEFIT A THE STATE R Thence westerly to the SW cor- to Iowa Code Section 403.19(1)(b), IOWA, CITY OF IOWA CITY, ner of Sturgis Ferry Park; Thence shall be allocated to and when col - COUNTY OF JOHNSON, IOWA continuing westerly to the west lected be paid into the fund for the CITY COMMUNITY SCHOOL R.O.W. line of Riverside Drive; respective taxing district as taxes DISTRICT AND OTHER TAXING Thence northerly along said by or for the taxing district into DISTRICTS, BE PAID TO A west R.O.W. line to the center- which all other property taxes are SPECIAL FUND FOR PAYMENT line of Highway 6; Thence east- paid. OF PRINCIPAL AND INTEREST erly along said centerline to the Section 3. That portion of the ON LOANS, FkEBATES, GRANTS, western bank of the Iowa River; taxes each year in excess of the MONIES. ADVANCED TO AND Thence following the western base period taxes determined as INDEBTEDNESS, INCLUDING bank of the Iowa River to the provided in Section 2 of this BONDS ISSUED OR TO BE centerline of Myrtle Street Ordinance shall be allocated to and ISSUED, INCURRED BY SAID extended to the Iowa River; when collected be paid into a spe. CITY IN CONNECTION WITH Thence west to the west R.O.W. cial tax increment fund of the City THE CITY-UNIVERSITY PROJECT line of Riverside Drive /State of Iowa City, Iowa hereby estab- 1 URBAN RENEWAL PLAN. Highway 1; Thence northerly lished, to pay the principal of and WHEREAS, the City Council of along said highway R.O.W. to interest on loans, grants, rebates, the north R.O.W. line of monies advanced to, indebted - the City of Iowa City, Iowa, after public notice and hearing as pre- Burlington Street; Thence east ness, whether funded, refunded, to the east bank of the Iowa assumed or otherwise, including scribed by law and pursuant to River; Thence south to the south bonds or obligations issued under Resolution No. 12 -459 passed and R.O.W. line of Court Street; the authority of Section 403.9 or approved on the 23rd day of Thence easterly along the south 403.12 of the Code of Iowa, as October, 2012, adopted R.O.W. line of Court Street to amended, incurred by the City of Amendment #10 to the City- the west R.O.W. lime of Maiden Iowa City, Iowa, to finance or refi- University Project 1 Urban Renewal Lane; Thence south along said nance, in whole or in part, urban Plan (the "Urban Renewal Plan") for west R.O.W. line to Ralston renewal projects undertaken within an urban renewal area known as Creek; Thence southwesterly the Urban Renewal Area, as the City- University Project 1 Urban along the creek to the south amended, pursuant to the Urban Renewal Area, (the "Urban R.O.W. line of Prentiss Street; Renewal Plan, as amended, except Renewal Area"), which added the Thence east along said south that taxes for the payment of area legally described follows: R.O.W. line to the west R.O.W. bonds and interest of each taxing Beginning the NW W corner of line of Gilbert Street; Thence district shall be collected against all Outlot 26, , Original Town south along said west R:O.W. taxable property within the Urban Subdivision; Thence south line to a point where it meets the Renewal Area, as amended, with - along the eastern R.O.W. line of extended centerline of Bowery out any limitation as hereinabove Van Buren Street to where said Street; Thence easterly to a provided. R.O.W. ends at a point along the point where the centerline of Section 4. Unless or until the western boundary of Block 8, Bowery Street meets the total assessed valuation of the tax - Lyon's 2nd Addition; Thence extended east R.O.W. line of able property in the 2012 Amended northwesterly along R.O.W. line Gilbert Street; Thence north Area exceeds the total assessed to a point on the north R.O.W. along said east R.O.W. line to value of the taxable property in the line of the Iowa Interstate the northwest comer of Lot 1 2012 Amended Area as shown by Railroad south of block 1, Lyon's --- the last equalized assessment roll 1 st Addition; Thence southwest- Lyman Cooks Subdivision of referred to in Section 2 of this erly to the south R.O.W. line of Outlot 25; Thence east along the Ordinance, all of the taxes levied the Iowa Interstate Railroad south R.O.W. line of Burlington and collected upon the taxable north of block 3, Lyon's 1st Street to the point of beginning. property in the 2012 Amended Addition; Thence southeasterly Also including Lots 5 and 6 iri Area shall be paid into the funds for along the south Railroad R.O.W. Block 43, Original Town, and the the respective taxing districts as to the eastern boundary of Van alley and full width of the taxes by or for said taxing districts Buren Street south of the College Street right -of -way in the same manner as all other Railroad; Thence along said adjacent thereto. property taxes. eastern boundary of Van Buren WHEREAS, expenditures and Section 5. At such time as the Street to the north right -of -way indebtedness are anticipated to be loans, advances, indebtedness, line of Kirkwood Avenue; incurred by the City of Iowa City, bonds and interest thereon of the Thence east to a point 11' west Iowa in the future to finance urban City of Iowa City, Iowa referred to in of the extended NE corner of lot renewal project activities carried Section 3 hereof have been paid, 3, block 6, F.S. & E.W. Lucas out in furtherance of the objectives all monies thereafter received from Addition; Continuing south to a of the Urban Renewal Plan; and taxes upon the taxable property in point 126', more or less, south WHEREAS, the City Council of the 2012 Amended Area shall be of the R.O.W. line of the E -W the City of Iowa City, Iowa desires paid into the funds for the respec- alley west of Diana Street and to provide for the division of reve- tive taxing districts in the same south of lots 1, 2, and 3, block 6, nue from taxation in that portion of manner as taxes on all other prop - R.S. Lucas Addition; Thence the Urban Renewal Area added erty. westerly to a point on the east pursuant to the Tenth Amendment, motion 6. All ordinances or R.O.W. line of the N -S alley west as above described and hereafter parts of ordinances in conflict with of lots 4 & 5, block 6, R.S. Lucas referred to as "2012 Amended the provisions of this Ordinance are Addition; Crossing the alley to Area ", in accordance with the pro- hereby repealed. The provisions of the west R.O.W. line of said visions of Section 403.19 of the this Ordinance are intended and alley, continue south 7.5', more Code of Iowa, as amended. shall be construed so as to fully or less, to the NE corner of lot NOW, THEREFORE, BE IT- implement the provisions of 30, Highland Park Addition; ORDAINED BY THE CITY Section 403.19 of the Code of Thence westerly to the NW cor- COUNCIL OF THE CITY OF IOWA Iowa, as amended, with respect to ner of lot 31, Highland Park CITY, IOWA: Addition; Thence southerly to the division of taxes from property the SW corner of said Lot 31; lion l • That the taxes levied within the 2012 Amended Area as Crossing corner of said to the NE on the taxable property in the 2012 described above. In the event that corner of Lot a Highland Park Amended Area legally described in any provision of this Ordinance Addition; Thence southerly to the preamble hereof, by and for the the SE corner c Lot 9 Highland benefit of the State of Iowa, City of Park Addition; Crossing Iowa City, County of Johnson, Iowa Highland Ave. to the south City Community School District, R.O.W. line; Thence westerly Lts-T.) q � shall be determined to be contrary to law, it shall not affect other pro- visions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2012 Amended Area and the terri- tory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as pro- vided by law. Passed and approved this 18th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC.6000015M December 27, 2012 I r i =ZZ" -4� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www,icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 12 -4510 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 27, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. Ju i K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS - CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper __L_ time(s), on the following date(s): Legal l� rk Subscribed and sworn to bef re me this _�Ylay of A.D. 20_• oe NotagPublic _ LINDA KROTZ ,i &c >$ `'� Commission Number,73261 ( CpmmISSjOn Ejcplri ow► January 27 2014 S c V iz-, S OFFICIAL PUBLICATION ORDINANCE NO. 12 -4510 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE REGARDING VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED AN THE VEHICLE FACING THE PASSENGERS. , WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and 5 -2 establishes regulations for taxicabs and drivers; and WHEREAS, taxi companies have approached the City for changes to improve the appearance and safety of the taxicabs and to provide licenses be issued only once per year; WHEREAS, the City Council wish- es to improve and clarify proce- dures for operating a taxicab busi- ness within the City of Iowa City; WHEREAS, it is in the best inter- est of the City to adopt new regula- tions for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as fol- lows: 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk by May 1. on forms provided by the City, which shall be verified and shall furnish the following infor- mation: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the appli- cant in the transportation of passengers. 3'. The record of convictions of misdemeanors and /or felonies, including moving and nonmov- ing traffic violations, and certi- fied state of Iowa criminal histo- ry and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. Minimum Qualifications: Each taxicab business shall meet the fol- lowing minimum requirements: 1. Except for pedicabs, horse - drawn vehicles, and airport shut- tles, provide a taxicab service to the public twenty -four (24) hours a day, seven (7) days a week, and have a business office located in Iowa City or Coralville city limits. No dispatching shall be done from a vehicle. All dispatching shall be done from the office except between the hours of midnight and 6:00 a.m. The telephone number listed on the application must be answered twenty -four (24) hours a day, seven (7) days a week. 2. Except for pedicabs, horse - drawn vehicles, and airport shut- tles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this chap- ter. 3. Provide a certificate of liability insurance in accordance with this chapter. 4. Meet all applicable zoning ordinance regulations and all other city regulations. 5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon request. 6. Each taxicab must promi- nently display the passenger feed- back form provided by the City, and return any completed cards to the city clerk. 5 -2 -3: LIABILITY INSURANCE REQUIREMENTS. A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insur- ance business in this state and be acceptable to the city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council reso- lution. 4. The cancellation or other ter- mination of any insurance policy or certificate shall automatically revoke and terminate the licens- es issued for the taxicab busi- ness and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revo- cation of all licenses for the taxicab business and the vehi- cles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issu- ance of business licenses and decals will be in accordance with the terms of this Chapter and of the applicant's expense. 5. The cancellation or other termination of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written notification of the vehicle cancellation to the taxicab busi- ness. 5-2 -6: DRIVER REQUIREMENTS: D. Each driver, while operating a taxicab in the city, shall prominently display an identification card pro- vided by the taxicab business showing the full name of the driver and the taxicab business. The card must be prominently displayed and visible to all passenger seats, and be at least eight and one -half inch- es (8 1/2) in width and five and one - half inches (5 1/2 ) in height. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxi- cab shall have the name of the taxicab business on each side of the vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use let- tering smaller than two inches (2 "). Removable signs shall not be allowed. If a phone number is pro- vided the number shall be the same number that appears on the taxi- cab business application and rate card. B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exte- rior roof of the vehicle with lettering that identifies the vehicle as a taxi- cab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1 " x 3 "). In the event the city equipment superintendent or des- ignee determines that the perma- nent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or des- ignee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Airport shuttles are exempt from the lighted dome requirements. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. A license that will expire on February 28, 2013 shall be extended to May 31, 2013. B. Driver authorization 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. C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013. D. Renewals shall follow the same procedure as set for initial issu- ance. E. Fees for licenses and decals shall be set by resolution of the City Council. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE. With the exception of 5 -2 -10 which is effective upon publication, this Ordinance shall be in effect May 1, 2013. Passed and approved this 18th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ac-soo 151 0 December 27, 2012 It CITY OF IOWA CITY MEMORANDUM Date: February 4, 2013 To: File From: Marian K. Karr, City Clerk Re: Scrivener error The underlined portion of 5 -2 -10B was deleted from a previous ordinance and appeared mistakenly in ordinance 12 -4510 again. Per Asst. City Atty. Dulek it was viewed as a scrivener error and codified correctly. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: B. Driver authorization 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. =� -4 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. 12 -4511 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of December, 2012, all as the same appears of record in my office and published in the Iowa City Press - Citizen on December 27, 2012. Dated at Iowa City, Iowa, this 10th day of January 2013. J J * K. Voparil Deputy City Clerk Printer's Fee $33' A)5— CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS - CITIZEN FED.ID #42- 0330670 I, ROb 9 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): IDp_GG_MB 1'1� 1d1 Legal rk Subscribed and sworn to bef a me t is � day of A.D. 20-J,1_. Notary Public E* `LINDA KROTZ Commission Number 732619 My commission Expires January 27, 2014 OFFICIAL PUBLICATION ORDINANCE NO. 12 -4511 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. WHEREAS, citizens have requested that the City Code be amended to allow them to keep chickens to produce eggs for per- sonal, not commerpial, use; and , WHEREAS, it is in the best inter- est of the City to establish a permit process for urban chickens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 12, enti- tled "Permit Required," is hereby amended by adding the following new Subsection F, entitled "Urban Chicken Permits" as follows: 1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the City. 2. Chicken means a member of the subspecies of gallus gallus domesticus, a domesticated chick- en. 3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the City accom- panied by the permit fee. 4. Within 30 days of submission of the application, the Police Chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this pro- vision and the policy adopted by City Council resolution or deny the application. If the application is denied, Police Chief, or designee, shall state the reasons in writing. 5. The urban chicken permit shall be valid for three years and may not be sold, transferred or assigned. 6. The Police Chief, or designee, may revoke an urban chicken per- mit as provided in the policy adopt- ed by Council resolution. 7. Appeals of the decision to deny or revoke an urban chicken permit are to City Manager, or des- ignee, and must be filed within ten (10) days of the decision. 8. Subsections A -E of Section 8 -4 -12 and Section 8 -4 -13 do not apply to this subsection. 9. Additional requirements, including permit fees, shall be adopted by resolution. 10. Violation of this subsection or the terms of the urban chicken permit is punishable by a municipal infraction with a civil penalty of $100 for first violation, $250 for second violation, and $500 for third and subsequent violations. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. sECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. sEcTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of December, 2012. s/Matthew J. Hayek, Mayor Attest: s /Marian K. Karr, City Clerk PC- 60000157N December 27, 2012