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HomeMy WebLinkAbout2013 Ordinances ,. ww® `AT 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. 13-4512, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of January, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2013. Dated at Iowa City, Iowa, this 12th day of February 2013. . Voparil Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.13-4512 wise a single-family zone,the units ment upon the final passage, 14-0:211 REZONING ORDINANCE TO must be designed to minimize front approval and publication of this Printer's Fee$ AMEND THE PLANNED yard paving and that emphasis ordinance by law. DEVELOPMENT OVERLAY must be placed on the residential SECTION III.CERTIFICATION AND MEDIUM-DENSITY SINGLE- aspect of each building rather than RRECOORaIDIIN. Upon Ordinance,pass he and CERTIFICATE OF PUBLICATION FAMILY S LOCATED PLAN FOR 6.53 on the garage;and approval LOCATED AT CAMP WHEREAS, the applicant has Clerk is of hereby by authorized th any CARDINAL BOULEVARD,RYAN addressed this requirement by directed to certify a copy of this STATE OF IOWA, COURT AND PRESTON LANE TO including front porches that are ordinance and to record the same, CHANGE TOWNHOUSE STYLE located forward of the garage;and at the office of the County Recorder UNITS TO ZERO LOT LINE WHEREAS, the Planning and of Johnson County, Iowa, at the DWELLINGS.(REZ12-00024) Zoning Commission has the owner's expense,all as provided by JOHNSON COUNTY,SS: WHEREAS, the applicant, reviewed the proposed rezoning law. Southgate Development Services, and has recommended approval. SECTION IV. REPEALER. All odi- has requested an amendment to the NOW, THEREFORE, BE IT nances and parts of ordinances in THE IOWA CITY PRESS-CITIZEN Planned Development Overlay ORDAINED BY THE CITY COUNCIL conflict with the provisions of this Medium-Density Single Family OF THE CITY OF IOWA CITY,IOWA: Ordinance are hereby repealed. (OPD-8) Plan to change 39 town- SECTION I APPROVAL. The SECTION V.SEVERABILITY.If any FED.ID#42-0330670 dwellings house-style units to 18 line Planned at (OPD) Plan Dore property described Ordinance shall be adjudged to be �J Ryan Court south of Preston Lane; below is hereby amended as shown invalid or unconstitutional, such I, RD�� 5'WAr� and on the preliminary plat and OPD adjudication shall not affect the WHEREAS,the applicant has indi- plan attached hereto and incorpo- validity of the Ordinance as a whole cated there is currently more rated herein by this reference: or any section, provision or part being duly sworn,say that I am demand in the market for dwellings Lots 22 through 39 of Cardinal thereof not adjudged invalid or with living space contained on a Pointe South-Part Two,Iowa City, unconstitutional. IOWA CITY single floor rather than on multiple Iowa, f acco d nce 1Book 52,lat Th sC I d Hance EFFECTIV n effect the legal clerk of the I levels found in a townhouse;and thereo WHEREAS, the overall develop- page 279, in the records of the after its final passage,approval and PRESS-CITIZEN,a newspaper ment would continue to contain a Johnson County Recorder's Office, Pascedon.as szed,edb l 22nd published in said county,and variety of housing types-detached containing 6.53 Acres. single-family, townhouse and SECTION II. ZONING MAP. The day of January,2013. that a notice,a printed copy of attached single-family;and Building Inspector is hereby autho- s/Matthew J.Hayek,Mayor WHEREAS, the Zoning Code rized and directed to change the Attest:s/Marian K.Karr,City Clerk which is hereto attached,was requires that when attached hous- zoning map of the City of Iowa City, ing units are built in what is other- Iowa, to conform to this amend- Pc-60c0017078 Janus 31,2013 January -� published in said paper PRELIMINARY PLAT,OPD PLAN AND SENSITIVE AREAS PLAN im>�� time(s),on the following date(s): CARDINAL POINTE SOUTH-PART THREE M IowA oITY,IowA eel,.,_1111111M..... triellF Ls U11'7'4'..\ , /'t��' Legal C erk ®NN ® o/� Subscribed and sworn to / \ %igiSs ���“, I _ - I before me this a1S4+day of ♦ v ©V•• �'� i I ^� A.D. 20_a_. 10-,,,,” e+�o . ..—,rQ ��s,, , ,,,.: 7.v: ,&.! ,ili, '\ \a '�.4.' •..==- u -, gym. _____ca„.,_IAeg;gt--- 's.N,\ 40,,s,,,i47...- -,,,!;;;;;;.•19,;,.:?e.:- 1,,,,,.;,A i■A,,/ ...i mms...: ,:.....,,L,,,,p,,,T,.. N• _� lL LINDA KROTZ ti `'/ � ° 1 ilea t Al 5� CommiNumb732619 ' -- i Commission Expires OCATI�N MAPN MAP s^ 2 we January 27 2014_ � r 1 Arai- "m1®u g" 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. 13-4513, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of January, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2013. Dated at Iowa City, Iowa, this 12th day of February 2013. Julie . Voparil Deputy City Clerk Printer's Fee$ g NOW, THEREFORE, BE IT OFFICIAL PUBLICATION ORDAINED BY THE CITY ORDINANCE NO.13-4513 COUNCIL OF THE CITY OF IOWA CERTIFICATE OF PUBLICATION REZONING ORDINANCE TO CITY,IOWA: DESIGNATE THE JEFFERSON SECTION I APPROVAL. Property STREET NATIONAL REGISTER described below is hereby desig- STATE OF IOWA, HISTORIC DISTRICT AS A nated as a Historic District Overlay HISTORIC PRESERVATION (OHD)Zone: OVERLAY(OHP)ZONE. AN AREA CONTAINING BLOCK JOHNSON COUNTY,SS: (REZ12-00027) 46:S 50'of LOT 4 AND LOTS 5,6, WHEREAS, the applicant, the 7, 8; BLOCK 59: S 74' OF LOT 1 Iowa City Historic Preservation AND S 96'OF LOT 5 AND LOTS 6, THE IOWA CITY PRESS-CITIZEN Commission, has requested 7, 8; BLOCK 67: LOTS 5, 6, 7, 8; approval of a zoning ordinance to BLOCK 78:LOTS 5,6,7,8;BLOCK designate the Jefferson Street 79:LOTS 2&3 AND THE EAST 19' FED.ID#42-0330670 National Register Historic District OF LOT 4, AND THE NORTH 80' as a Historic Preservation Overlay OF LOT 1; BLOCK 60: LOT 1; (OHP)zone;and BLOCK 45:LOTS 1,2,3,4;ALL IN Srw.)�R.r.� WHEREAS, the proposed ORIGINAL TOWN, IOWA CITY, I, Jefferson Street Historic District IOWA. has been listed on the National SECTION II. ZONING MAR. The Register of Historic Places;and Building Inspector is hereby autho- being duly sworn, say that I am WHEREAS, Iowa City Historic rized and directed to change the Preservation Plan,contained in the zoning map of the City of Iowa City, the legal clerk of the IOWA CITY Iowa City Comprehensive Plan, Iowa, to conform to this amend- supports this designation due to ment upon the final passage, •PRESS-CITIZEN,a newspaper the high concentration of historic approval and publication of this buildings;and ordinance by law. published in said county,and WHEREAS, the Central District SECTION III. CERTIFICATION Plan shows the area as a mixture of AND RECORDING.Upon passage that a notice,a rinted copy of institutional uses, including 9 univer- and approval of the Ordinance,the sity buildings and religious institu- City Clerk is hereby authorized and which is hereto attached,was tions and a mixed use area of resi- y Y dential and commercial buildings, directed to certify a copy of this published in said paper { and the mixed use zoning that ordinance and to record the same, P 9 at the office of the County Recorder applies to much of this areas was of Johnson Count time(s),on the following date(s): specifically developed Y. Iowa, at the P Y P owner's expense, all as provided Street as a way of encouraging the by law. preservation of current buildings by SECTION IV.REPEALER.All ordi- .fR,j K&CV q r) et i 3 allowing them to be used for either nances and parts of ordinances in residential or commercial uses;and conflict with the provisions of this WHEREAS, the City's Strategic Ordinance are hereby repealed. "'��' WA Plan contains the goal of stabilizing SECTION V.SEVERABILITY.If any • neighborhoods surrounding the section, provision or part of the city core;and Ordinance shall be adjudged to be Legal Irk WHEREAS,the establishment of a invalid or unconstitutional, such g local historic district would further adjudication shall not affect the implement the City's policies of validity of the Ordinance as a whole preserving the historic building or any section,provision or part Subscribed and sworn to stock;and thereof not adjudged invalid or 315 day of WHEREAS, the Iowa City unconstitutional. ore me this y Municipal Code authorizes the SECTION VI. EFFECTIVE DATE. A.D.20 __• Historic Preservation Commission This Ordinance shall be in effect in i=--- " to recommend and the City Council after its final passage,approval and to designate,historic districts, publication,as provided by law. � ..,where,dearned appropriate, as a Passed and approved this 22nd i� means of preserving the neighbor- day of January,2013. hood character of traditional Iowa s/Matthew J.Hayek,Mayor City neighborhoods,or for preserv- Attest:s/Marian K.Karr,City Clerk Notary Public ing areas that exemplify unique or distinctive development•patterns; PC-6000017077 January 31,2013 LINDA KROTZ and • WHEREAS, the Historic trat tlip Commission Number 732619 Preservation Commission believes Commission Expires hat the designation of the Jefferson ' m Street Historic District will help ste- el' January 27 2014 bilize one of Iowa City's oldest neighborhoods by providing for design review of exterior changes, building demolition, and new con- struction, which will assure com- patibility with the existing character of the district,and will preserve the neighborhood for future residents of Iowa City;and WHEREAS, the Planning and Zoning Commission believes that designating the Jefferson Street Historic District is in accordance with the Comprehensive Plan the Zoning Code, and will provide a stabilizing effect on the neighbor- hood and has recommended approval of the designation. 1 r i 'It ayMj Qa 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. 13-4514, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of January, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2013. Dated at Iowa City, Iowa, this 12th day of February 2013. Ja K. Voparll Deputy City Clerk cr.„6.. . 1 - Lts--11-‘ ,,,,t,._„&.HN .0z,,,,,„, `ti\,1 ,\,,,„„,_,, Z 1/4.& OFFICIAL PUBLICATION hereby reclassified from its current ORDINANCE NO.13-4514 zoning designation of Neighborhood AN ORDINANCE Residential Stabilization (RNS-12) CONDITIONALLY REZONING.22 to Central Business Service(CB-2): 11,5�7 ACRES OF LAND LOCATED AT Beginning at the Northeast Corner Printer s Fee$ ,5 221 AND 225 NORTH LINN of Lot 1 of the Original Town of Iowa STREET AND THE ADJACENT City, in accordance with the Plat .07 ACRE LOT ASSOCIATED thereof Recorded in Book 1, at CERTIFICATE OF PUBLICATION WITH THE MIDAMERICAN Page 116, of the Records of the SUBSTATION FROM Johnson County Recorder's Office; NEIGHBORHOOD Thence S00°15'52"E, along the STATE OF IOWA, STABILIZATION RESIDENTIAL East Line of said Lot 1,a distance of (RNS-12)TO CENTRAL 110.74 feet; Thence N89°56'15"W, BUSINESS SERVICE(CB-2). 80.66 feet, to a Point on the East JOHNSON COUNTY,SS: (REZ12-00028) Line of Lot 2 of said Original Town J WHEREAS, the applicant, Of Iowa City;Thence S00°11'16"E, 1 Northside Commons, LLC, has along said East Line,39.80 feet,to THE IOWA CITY PRESS-CITIZEN requested a rezoning of property the Southeast Corner thereof; located at 221 N. Linn Street and Thence N89°56'15"W, along the 225 N. Linn Street Street from South Line of said Lot 2,a distance FED.ID#42-0330670 Neighborhood Residential of 20.60 feet;Thence N00°11'16"W, Stabilization (RNS-12) to Central 29.95 feet; Thence Northeasterly, Business Service(CB-2);and 34.14 feet,along an arc of a 36.25 R WHEREAS, in order to prevent an � foot radius curve, concave I� lO ��� remnant island of RNS-12 zoning Southeasterly, whose 32.89 foot along Linn Street, MidAmerican chord bears 24.35 f'39"E;Thence Energy has agreed to a rezoning of Northeasterly, 24.35 feet, along an being duly sworn,say that I am the .07 acre substation property arc of a 26.11 foot radius curve, located on Linn Street directly south concave Northwesterly, whose the legal clerk of the IOWA CITY of the applicant's property at 221 N. 23.48 foot chord bears 70.21 f'37"E; Linn Street from RNS-12 to CB-2; Thence N00°08'07E",70.21 feet,to •PRESS-CITIZEN,a newspaper and a Point on the North Line of said Lot published in said county,and WHEREAS, the Central District 1;Thence, 74.94'53"E, along said Plan, an element of the North Line, 74.94 feet, to the said rehensive Plan,contains old- Point of Beginning. Said Rezoning Com that a notice,a printed copy of cies and a land use plan map,to Parcel contains 9,575 square feet which is hereto attached,was guide development within the and is subject to easements and Northside Marketplace and to main-, restrictions of record. published in said a er tain the main street, mixed use SECTION II APPROVAL. The fol- p p character of the neighborhood;and lowing property is hereby reclassi- time(s),on the following date(s): WHEREAS, the Central District fied from its current zoning designa- Plan was amended in 2011 to indi- lion of Neighborhood Residential cate that Urban Commercial devel- Stabilization (RNS-12) to Central iAi/I4Y 3 / opment is appropriate on these Business Service(CB-2): properties;and Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa / WHEREAS, the Planning and City, in accordance with the Plat Zoning Commission has the thereof Recorded in Book 1, at /. reviewed the proposed rezoning, determined that it complies with the Page 116, of the Records of the Comprehensive Plan and recom- Johnson County Recorder's Office; j mends approval of the application Thence N89°56'15"W, along the Legal C c k provided that it meets conditions South Line of said Lot 1,a distance addressing the need for develop- of 80.71 feet, to the Southwest ment that will maintain the main Corner of said Lot 1; Thence Subscribed and sworn to street, mixed-use character of the '16"W, along the West Line of said Lot 1, a distance of 39.80 b fore me this 'S 1Sa-day of Northside Marketplace,the need for of said upgrades to the public alley to feet; Thence S89°56'15"E, 80.66 A.D. 20 I i accommodate the increased traffic feet,to a Point on the East Line of generated by the increase in allow- said Lot 1; Thence S00°15'52"E, able commercial and residential along said East Line,39.80 feet,to `-� .,�A�..0 density, limits on the size of the the Point of Beginning.Said Parcel _� 5 — residential units to ensure compati- contains 3,211 square feet and is bility with the adjacent neighbor- subject to easements and restric- hood stabilization zone, the need tions of record. Notary Public-- for careful design of the building SECTION III. ZONING MAP. The L)NDA KROTZ and the streetscape to fit into the building official is hereby authorized �'�a Number 732619 scale and character of the neigh- and directed to change the zoning ,> mj$SIO(1 borhood; and the need for safe map of the City of Iowa City, Iowa, • C My Commission EltpSe vehicular access along Bloomington to conform to this amendment upon • 27 2014 Street;and the final passage, approval and WHEREAS, Iowa Code §414.5 publication of the ordinance as (2011)provides that the City of Iowa approved by law. City may impose reasonable condi- SECTION IV. CONDITIONAL tions on granting an applicant's ZONING AGREEMENT. The mayor rezoning request, over and above is hereby authorized and directed to existing regulations,in order to sat- sign,and the City Clerk attest,the isfy public needs caused by the Conditional Zoning Agreement requested change;and between the property owner(s)and WHEREAS,the owners and appli- the City, following passage and cant have agreed that the properties approval of this Ordinance. at 221 and 225 N. Linn Street shall SECTION V. CERTIFICATION AND be developed in accordance with RECORDING. Upon passage and the terms and conditions of the approval of the Ordinance,the City Conditional Zoning Agreement Clerk is hereby authorized and attached hereto to ensure appropri- directed to certify a copy of this ate development in this area of the ordinance, and record the same in city. the Office of the County Recorder, NOW, THEREFORE, BE IT Johnson County, Iowa, at the ORDAINED BY THE CITY COUNCIL Owner's expense, upon the final OF THE CITY OF IOWA CITY,IOWA: passage, approval and publication SECTION I APPROVAL.Subject to of this ordinance, as provided by the Conditional Zoning Agreement law. attached hereto and incorporated herein,property described below is SECTION VI. REPEALER,All ordi- 1, a distance of 110.74 feet; nances and parts of ordinances in Thence N89°56'15"W, 80.66 f. If a garage opening along conflict with the provisions of this feet,to a Point on the East Line Bloomington Street is Ordinance are hereby repealed. of Lot 2 of said Original Town requested,the adjacent curb SECTION VII. SEVERABILITY. If Of Iowa City; Thence cut for the private gravel any section,provision or part of the S00°11'16"E, along said East drive located along the west Ordinance shall be adjudged to be Line, 39.80 feet, to the property line of the subject invalid or unconstitutional, such Southeast Corner thereof; properties shall be closed adjudication shall not affect the Thence N89°56'15"W, along and the curb restored and validity of the Ordinance as a whole the South Line of said Lot 2,a parkway re-planted;and or any. section, provision or part distance of 20.00 feet;Thence g.The N. Linn and E. thereof not adjudged invalid or N00°11'16"W, 29.95 feet; Bloomington Street rights- unconstitutional. Thence Northeasterly, 34.14 of-way shall be improved in SECTION VIII. EFFECTIVE DATE, feet, along an arc of a 36.25 a manner consistent with the This Ordinance shall be in effect foot radius curve, concave recently installed commer- after its final passage,approval and Southeasterly, whose 32.89 cial streetscape in the publication,as provided by law. foot chord bears Northside Marketplace.Said Passed and approved this 22nd day N 26°04'39"E;Thence streetscape plan shall be of January,2013. Northeasterly,24.35 feet,along reviewed and approved by s/Matthew J.Hayek,Mayor an arc of a 26.11 foot radius the Design Review Attest:s/Marian K.Karr,City Clerk curve, concave Northwesterly, Committee. CONDITIONAL ZONING 4. The Owner and the City AGREEMENT whose 23.48 foot chord bears acknowledge that the condi- THIS AGREEMENT is made N26°42'37"E; Thence tions contained herein are rea- between the City of Iowa City,Iowa, N00°08'07E", 70.21 feet, to a sonable conditions to impose a municipal corporation(hereinafter Point on the North Line of said on the land under Iowa Code "City"),and 221-225 Linn LC(here- Lot 1; Thence S89°48'53"E, §414.5 (2011), and that said hatter"Owner"). along said North Line, 74.94 conditions satisfy public needs WHEREAS,Owner is the legal title feet, to the said Point of that are caused by the request- holder of approximately.22 acres of Beginning. Said Rezoning request- ed zoning change. 5. property located at 221 and 225 N. Parcel contains 9,575 square The Owner and the City Linn Street,Iowa City,Iowa;and feet and is subject to ease- acknowledge that in the event WHEREAS, the Owner has ments and restrictions of the subject real estate is trans- requested the rezoning of said record. subdi, sold, redeveloped, or properties from Neighborhood 2. The Owner acknowledges that subdivided, all redevelopment Stabilization Residential (RNS-12) the City wishes to ensure con- will conform with the terms of to Central Business Service(CB-2) formance to the principles of this Conditional Zoning zone;and the Comprehensive Plan and Agreement. WHEREAS, the Planning and the Central District Plan. 6. The parties acknowledge that Zoning Commission has deter- Further, the parties acknowl- this ent shall be med Zoning 9 Agreement shall be deemed to mined that,with appropriate condi- edge that Iowa Code §414.5 be a covenant running with the tions regarding the mix of residential (2011)provides that the City of land and with title to the land, units and number of bedrooms,the Iowa City may impose reason- and shall remain in full force design of the building,the installa- able conditions on granting an and effect as a covenant with tion of landscaping and street furni- applicant's rezoning request, title to the land, unless or until ture, improvement to the alley to over and above the existing released of record by the City of provide access to the parking, and regulations, in order to satisfy Iowa City. closure of a driveway on public needs caused by the The parties further acknowl- Bloomington Street to ensure that requested change. edge that this agreement shall safe access to the new building can 3. In consideration of the City's inure to the benefit of and bind be achieved,the requested zoning rezoning the subject property, all successors,representatives, is consistent with the Owner agrees that develop- and assigns of the parties. Comprehensive Plan as amended; ment of the real estate 7. The Owner acknowledges that ' and described above will conform nothing in this Conditional WHEREAS, Iowa Code §414.5 to all requirements of the zon- Zoning Agreement shall be (2011)provides that the City of Iowa ing chapter,as well as the fol- construed to relieve the Owner City may impose reasonable condi- lowing conditions: from complying with all other tions on granting an applicant's a. The number of units and applicable local,state,and fed- rezoning request, over and above number of bedrooms in the eral regulations. 8.existing regulations,in order to sat- development may not 8 The parties agree that this isfy public needs caused by the exceed the numbers shown Conditional Zoning Agreement requested change;and on the conceptual building shall be incorporated by refer- WHEREAS, the Owner acknowl- plans submitted with the ence into the ordinance rezon- edges that certain conditions and application (8 one-bedroom ing the subject property, and restrictions are reasonable to units and 4 two-bedroom that upon adoption and publi- ensure the development of the units);and cation of the ordinance, this property is consistent with the b.The final design of the build- agreement shall be recorded in Comprehensive Plan and the need ing shall be reviewed and the Johnson County Recorder's for compatibility with the Northside approved by the staff Design Office at the Applicant's Marketplace and the adjacent resi- Review Committee and shall expense. dential neighborhood;and be generally consistent with Dated this 22nd day of January, WHEREAS, the Owner agrees to the elevation drawings sub- 2013. develop these properties in accor- mitted;and , OF IOWA CITY dance with the terms and condi- c. The commercial storefrnt s/Matthew J.Hayek,Mayor tions of a Conditional Zoning shall be designed in a man- Attest:s/Marian K.Karr,City Clerk Agreement. ner that is consistent with NOW, THEREFORE, in consider- the elevation drawing sub- PC-6000017076 January 31,2013 ation of the mutual promises con- miffed with the application; tamed herein, the,parties agree as and i follows: d. If a third floor is built,it shall 1. 221-225 Linn, LC is the legal be designed in a manner title holder of the real estate consistent with the elevation legally described as: drawing submitted with the Beginning at the Northeast application;and Corner of Lot 1 of the Original e. The alley shall be improved Town of Iowa City, in accor- from the east property line of dance with the Plat thereof 223 E.Bloomington to North Recorded in Book 1, at Page Linn Street according to the 116, of the Records of the specifications of the City Johnson County Recorder's Engineer prior to the issu- Office; Thence S00°15'52"E, ance of an occupancy per- along the East Line of said Lot mit for any new building on this real estate;and I r 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. 13-4515, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 22nd day of p Y Y Y January, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2013. Dated at Iowa City, Iowa, this 12th day of February 2013. Jule Voparil Deputy City Clerk Printer's Fee$ OFFICIAL PUBLICATION ORDINANCE NO.13-4515 CERTIFICATE OF PUBLICATION ORDI0 OF THE CITY CODE,TLE ENTITLED"PUBLIC WAYS AND STATE OF IOWA, PROPERTY,"CHAPTER 5, ENTITLED"CITY PLAZA,"TO CHANGE THE LOCATION FOR JOHNSON COUNTY,SS: INFORMATION TABLES ON CITY PLAZA. WHEREAS, Section 10-5-8D allows the City Manager to grant a THE IOWA CITY PRESS-CITIZEN permits for information tables to be placed in City Plaza in two loca- FED.ID#42-0330670 tions;and WHEREAS,due to a construction project, one location is not cur- b n/t ' Z, rently available;and I O WHEREAS,it is in the City's inter- ' est to allow the City Manager the flexibility to place the tables at suit- able duly sworn,say that I am able locations throughout City Plaza and not to limit them to two the legal clerk of the IOWA CITY locations. NOW, THEREFORE, BE IT PRESS-CITIZEN,a newspaper ORDAINED OF THE CITY OF CITY, published in said county,and IOWA: �recnlnrnFNTS that a notice,a printed copy of SE"T iviv 1. Title 10, entitled Public Ways which is hereto attached,was and Property" Chapter 5, entitled "City Plaza, Section 8, entitled � "City Plaza Use Permits,"is hereby published in said paper amended by deleting Subsection Di and substituting in lieu thereof time(s),on the following date(s): the following new Subsection D1: The location shall be determined ( by the City Manager or designee. /�'�1�1 SEcT'QN a RFEELER All ordi- nances and parts of ordinances in conflict with the provision of this i-�� Ordinance are hereby repealed. � Sr 11v, "' UFRABILITY. If any section,provision or part of the Ordinance shall be adjudged to be Legal /rk invalid unconstitutional,nstitutional, such adjudication shall not affect the validity of the Ordinance as whole part section, provision P and sworn to validity any s or Subscribed a not adjudged invalid thereof no 1 b ore me this a ay of unconstitutional. B'TE. TIN V. FF I miff ♦ _ . 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. 13-4516, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of February, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 14, 2013. Dated at Iowa City, Iowa, this 14th day of March 2013. Jul` . a Vo ril p Deputy City Clerk 7 x.. 13--4skCo. \S-F RAI& . N. 0 a ,a . (tr-� OFFICIAL PUBLICATION WHEREAS, the owner and appli- ORDINANCE NO.13-4516 cant have agreed that the property Printer's Fee$ /Li I.S I AN ORDINANCE REPEALING shall be developed in accordance ORDINANCE'NO. 12-4507 AND with the terms and conditions of the CONDITIONALLY REZONING Conditional Zoning Agreement, APPROXIMATELY 1.02 ACRES OF attached hereto, to ensure appro- CERTIFICATE OF PUBLICATION LAND LOCATED ON 1ST AVENUE priate development in this area of. NORTH OF ROCHESTER AVENUE the city;and FROM LOW DENSITY SINGLE WHEREAS,Ordinance No.12-4507 STATE OF IOWA, FAMILY RESIDENTIAL(RS-5) TO was intended to rezone the subject LOW-DENSITY MULTI-FAMILY property,but due to an error in the RESIDENTIAL (RM-12). (REZ12- legal description erroneously JOHNSON COUNTY,SS: 00025) rezoned certain land not owned by WHEREAS, the applicant, Jeff applicant or owner. THE IOWA CITY PRESS-CITIZEN ing of approximately has requested 1.02 a acres o Now, THEREFORE, BE IT property a approximately 1.02 acres a ORDAINED BY THE CITY COUNCIL property located on 1st Avenue OF THE CITY OF IOWA CITY,IOWA: north of Rochester Avenue from SECTION I APPROVAL Subject to FED.ID##42-0330670 Low Density Single Family the Conditional Zoning Agreement Residential (RS-5) to Low Density attached hereto and incorporated AAA A Multi-Family(RM-12);and herein,property described below d I, R I_� S.�A'l___ !�' WHEREAS, the applicant intends hereby reclassified from described current is to develop this site with a multi-e zoning designation as Low Dens' family building that is compatible Density being duly sworn,say that I am and consistent with the surrounding • Single Family Residential(RS-5)to multi-family and duplex develop- Low Density Multi-Family the legal clerk of the IOWA CITY ment;and Residential(RM-12): WHEREAS; the comprehensive LEGAL DESCRIPTION PRESS-CITIZEN,a newspaper plan acknowledges the ownership of the property by Regina Commencing at the northwest published in said county,and Foundation with the potential use corner Commencing Section the northwest for access to Regina School;and 79 North, Range 6 West of the that a notice,a printed copy of WHEREAS,Regina School no Ion- Fifth North, Range Meridian;thence the ger intends to use the property as F0 h Prin ipal 600.07 feet which is hereto attached,was part of the school campus and is along the west line of said selling the property for private Section 12; thence said published in said paper / development;and S89°09'37"W, 2 12; feet to a WHEREAS, development of the point 9' the w25.right t to a time(s),on the following date(s): property for multi-family use is con- line of First Avenue and the sistent with the comprehensive plan point of beginning;and designation for similar adjacent point oftebe, nit ; feet P6QguA A ti �y �� j properties along 1st Avenue; along said westerly right of way !+ h WHEREAS,members of the public line, on a 630.00 foot radius / and the Planning and Zoning curve, concave northeastert / r Commission expressed a concern whose 300.31 foot chord bears L �� about the potential impacts of the development on Hickory Hill Park, SO4°48'29"E to the northeast- specifically the view of parking and erly corner of Lot 3 of First and Legal tlik drives from public trails within the Rochester Addition Part One; park, and therefore recommended thence S89°23'49"W, 57.18 as a condition of the rezoning that a - - - 20-foot buffer area be established feet along the north line of said Subscribed and sworn to and landscaped to provide a visual Lot 3; thence N89°36'20"W, before me this / day of screen;and 122.87 feet along said north n WHEREAS,there is no other feasi- line; thence N00°32'36"E, �_1u 1 A.D.20/L. ble means of vehicular access to 296.79 feet; thence this property except for 1st Avenue, N89°09'37"E,157.02 feet to the an arterial street, and before the point of beginning. �� street,will grant access i nt must t demon- SECTION II. ZONING MAP, The street, the applicant must demon- strate that public safety will not be building official is hereby authorized compromised;and and directed to change the zoning Notary Public WHEREAS, City transportation map of the City of Iowa City,Iowa, ____ planning staff have determined that to conform to this amendment upon v� LINDA KROTZ the safest location for driveway the final passage, approval and �. access to 1st Avenue is on the north publication of the ordinance as Commission Number 732619 end of the property, given that it approved by law. SECTION III. CONDITIONAL Commission Expires would be nearer the bottom of the ZONING AGREEMENT. The mayor °M J U .� 4 hill and closer to r the the dway is hereby authorized and directed to vertical curvature of the roadway Y and nearer the outside of the hori- sign, and the City Clerk attest,the zontal curve,which would increase Conditional Zoning Agreement overall sight distance for motorists between the property owner(s)and so as a condition of rezoning staff the City, following passage and has recommended, and the approval of this Ordinance. Planning and Zoning Commission SECTION IV.CERTIFICATION AND has concurred,that development of RECORDING. Upon passage and the property be consistent with the approval of the Ordinance,the City submitted conceptual site plan that Clerk is hereby authorized and indicates the general layout of directed to certify a copy of this building and parking area with the ordinance,and record the same in driveway location near the north the Office of the County Recorder, end of the property;and Johnson County, Iowa, at the WHEREAS, Iowa Code §414.5 Owner's expense, upon the final (2011)provides that the City of Iowa passage, approval and publication City may impose reasonable condi- of this ordinance, as provided by tions on granting an applicant's law. rezoning request, over and above SECTION V.REPEALER,Ordinance existing regulations,in order to sat- No.12-4507 is hereby repealed.All isfy public needs caused by the . ordinances and parts of ordinances requested change;and i in conflict with the provisions of this Ordinance are hereby repealed. 13-�st c. \s . N . Q a SECTION VI.SEVERABILITY,If any Commencing at the northwest section, provision or part cif the corner of Section 12,Township 5.The Owner,Applicant,and City Ordinance shall be adjudged to be 79 North,Range 6 West of the acknowledge that in the event invalid or unconstitutional, such Fifth Principal Meridian;thence the subject property is trans- adjudication shall not affect the S00°02'26"W, 600.07 feet ferred, sold, redeveloped, or validity of the Ordinance as a whole along the west line of said subdivided, all redevelopment or any section, provision or part Section 12; thence will conform with the terms of thereof not adjudged invalid or this Conditional Zoning unconstitutional. S89°09'37"W, 25.38 feet to a Agreement. SECTION VII. EFFECTIVE DATE, point on the west right of way 6. The parties acknowledge that This Ordinance shall be in effect line of First Avenue and the this Conditional Zoning after its final passage,approval and point of beginning; thence Agreement shall be deemed to publication,as provided by law. southeasterly, 303.23 feet be a covenant running with the Passed and approved this 5th day along said westerly right of way land and with title to the land, of February,2013. line, on a 630.00 foot radius and shall remain in full force s/Matthew J.Hayek,Mayor curve, concave northeasterly, and effect as a covenant with Attest:s/Marian K.Karr,City Clerk whose 300.31 foot chord bears title to the land,unless or until erly co'29"E to the northeast- released of record by the City of 1 CONDITIONAL ZONING erly corner of Lot 3 of First and AGREEMENT Rochester Addition Part One; Iowa City.The parties further acknowl- THIS AGREEMENT is made thence S89°23'49"W, 57.18 edge that this agreement shall between the City of Iowa City,Iowa, feet along the north line of said inure to the benefit of and bind a municipal corporation(hereinafter Lot 3; thence N89°36'20"W, all successors,representatives, "City"), the Regina Foundation 122.87 feet along said north and assigns of the parties. (hereinafter"Owner"),and Jeff Miller line; thence N00°32'36"E, 7. The Owner and Applicant Construction, Inc. (hereinafter 296.79 feet; thence acknowledge that nothing in "Applicant"). N89°09'37"E,157.02 feet to the this Conditional Zoning WHEREAS,Owner is the legal title point of beginning. Agreement shall be construed holder of approximately 1.02 acres to relieve the Owner or of property located at located on 2. The Owner and Applicant Applicant from complying with 1st Avenue north of Rochester acknowledge that the City all other applicable local,state, Avenue,Iowa City,Iowa;and wishes to ensure conformance and federal regulations. WHEREAS, the Applicant has to the principles of the 8. The parties agree that this requested the rezoning of said Comprehensive Plan and the Conditional Zoning Agreement Low Density Single- Central District Plan. Further, shall be incorporated by refer- FFamily Lo 9 ro erty tY amily Residential (RS-5) to Low the parties acknowledge that ence into the ordinance rezon- Density Multi-Family Residential Iowa Code§414.5 (2011) pro- ing the subject property, and (RM-12);and vides that the City of Iowa City that upon adoption and publi- WHEREAS,members of the public may impose reasonable condi- cation of the ordinance, this and the Planning and Zoning tions on granting an applicant's agreement shall be recorded in Commission expressed a concern rezoning request, over and the Johnson County Recorder's about the potential impacts of the above the existing regulations, Office at the Applicant's development on Hickory Hill Park, in order to satisfy public needs expense. specifically the view of parking and caused by the requested Dated this 5th day of February, drives from public trails within the change. 2013. park, and therefore recommended 3. In consideration of the City's CITY OF IOWA CITY as a condition of the rezoning that a rezoning the subject property, s/Matthew J.Hayek,Mayor 20-foot buffer area be established Owner and Applicant agree that Attest:s/Marian K.Kan City Clerk and landscaped to provide a visual development of the subject screen;and property will conform to all Jeff Miller Construction,Inc., WHEREAS, City transportation other requirements of the zon- APPLICANT planning staff has determined that ing chapter,as well as the fol- By: s/Jeff Miller,President the safest location for driveway lowing conditions: access to 1st Avenue is on the north a.A 20-foot buffer area shall be Regina Foundation, end of the property,so as a condi- established between the OWNER tion of rezoning staff has recom- development (including, but 1'c By: s/Gary J.Schmit,Treasure mended and the Planning and not limited to any building, Zoning Commission has concurred parking area or driveway) Pc-e0000in98 February 14,2013 that development of the property be and Hickory Hill Park and consistent with the submitted con- said buffer area planted with ceptual site plan that indicates the a variety of deciduous and general layout of building, parking evergreen trees and shrubs and driveway locations;and to form an effective visual WHEREAS, Iowa Code §414.5 screen between the devel- (2011) * r provides that the City of Iowa opment and the Park. A y� City may impose reasonable condi- landscaping plan shall be v b, r `��� C 0� tions on granting an applicant's submitted for review and �` `�{ rezoning request, over and above approval through the City's ° ^`��,y^ , Q existing regulations,inorder to sat- administrative Design S -b'rr t 9 9 isfy public needs caused by the Review process;and `\ W`-1 c, requested change;and b.Development of the property h d ,E --I-r `c WHEREAS, the Owner and shall be consistent with the c t3 r�� I Applicant acknowledge that certain submitted conceptual site conditions and restrictions are rea- plan that indicates the gen- sonable to ensure the development eral layout of the building, of the property is consistent with parking and driveway, to the Comprehensive Plan and the ensure that location of drive- Central District Plan;and way access to 1st Avenue is WHEREAS, the Owner and near the northern end of the Applicant agree to develop said property where it is safest property in accordance with the for vehicles to enter and exit terms and conditions of a the property. Conditional Zoning Agreement. 4.The Owner,Applicant,and City acknowledge that the condi- NOW, THEREFORE, in consider- tions contained herein are rea- ation of the mutual promises con- sonable conditions to impose tained herein, the parties agree as on the land under Iowa Code follows: §414.5 (2011), and that said 1. The Regina Foundation is the conditions satisfy public needs legal title holder of the property that are caused by the request- legally described as: ed zoning change. �:'"Oa gal I gar 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. 13-4517, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of February, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 28, 2013. Dated at Iowa City, Iowa, this 14th day of March 2013. rah k\,\;c. • K. Voparil Deputy City Clerk I OFFICIAL PUBLICATION ORDINANCE NO.13-4517 SECTION II. REPEALER,All ordi- ORDINANCE nances and parts of ordinances in 4, ALCOHOLIC BEVERAGES, ORDINANCE AMENDING TITLE conflict with provision of this Ordinance are hereby repealed. CHAPTER 5, PROHIBITIONS y If Printer's Fee$ y g.q(-4 AND RESTRICTIONS, SECTION SECTION III. SEVERABILITY, PERSONS UNDER THE LEGAL any section,provision or part of the AGE IN LICENSED OR PERMITTED Ordinance shall be adjudged to be CERTIFICATE OF PUBLICATION ESTABLISHMENTS,SUBSECTION invalid or unconstitutional, such B, TO MODIFY THE TIPS adjudication shall not affect the TRAINING TO ACCOMMODATE validity of the Ordinance as a whole STATE OF IOWA, THE NEW STATE I-PACT or any section, provision or part PROGRAM; AND TITLE 4, thereof not adjudged invalid or ALCOHOLIC BEVERAGES, unconstitutional. JOHNSON COUNTY,SS: CHAPTER 5, PROHIBITIONS SECTION IV. EFFECTIVE DATE, AND RESTRICTIONS, SECTION This Ordinance shall be effective 8, PERSONS UNDER THE LEGAL upon publication. THE IOWA CITY PRESS-CITIZEN AGE IN LICENSED OR PERMITTED Passed and approved this 19th ESTABLISHMENTS,SUBSECTION day of February,2013. C TO ALLOW THOSE NINETEEN FED.ID#42-0330670 YEARS OF AGE OR OLDER TO s/Matthew J.Hayek,Mayor REMAIN IN ENTERTAINMENT Attest:s/Marian K.Karr,City Clerk VENUES UNTIL CLOSING. PC-6000018296 February 28,2013 I, ROB s WHEREAS, under the current ordinance, all patrons under the age of 21 must leave entertainment being duly sworn,say that I am venues by midnight;and WHEREAS, many Entertainment the legal clerk of the IOWA CITY Venues host shows and events that continue past midnight, causing •PRESS-CITIZEN,a a news er patrons aged 19 and 20 to have to newspaper leave the shows early;and published in said county,and WHEREAS, the Entertainment Venues in Iowa City have demon- that a notice,a printed copy of strated both a willingness and abil- ity to control underage drinking which is hereto attached,was within their establishments,as doc- umented by their very low PAULA p ublished in said paper 1 ratios;and WHEREAS,Entertainment Venues time(s),on the following date(s): offer a valued cultural contribution to the community;and WHEREAS, a)lowing the F 68 AILA A_ f 2 4 .2-4.43 Entertainment Venues to host `( patrons between the ages of 19 ' and 20 until close will assist the Entertainment Venues in drawing i/ll��—_ bigger crowds,which will assist in ` attracting and better entertainment acts;and Legal C k WHEREAS,it is in the best interest of the City to adopt this amend- ment. NOW, THEREFORE, BE IT Subscribed and sworn to , ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA before me this oPg day of CITY IOWA: - A.D. 20 13 . SECTION I.AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, �7 PROHIBITIONS AND �� RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED Notary Public ESTABLISHMENTS,Subsection B, paragraph (7)(a)(12) is hereby LINDA KROTZ amended by deleting the subpara- graph in its entirety and replacing it Commission Number 732619 with the following subparagraph: �`'�,.� My Commission Expires (12)The venue employs only bar- °� January 27,2014 tenders and servers who have completed the alcohol compliance employee training program (e.g. I-PACT) pursuant to Iowa Code Section 123.50A;and 1 TITLE 4, BEVERAGES, CHA PTER ALCOHOLIC PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,Subsection C, paragraph (6) is hereby amended by deleting subparagraph (6)(a) in • its entirety, and renumbering the remaining paragraphs (previously b.and c.)as a.and b. r 1 • CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.iegov.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. 13-4518, which was II by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of passed y y y, 9 Y March, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 28, 2013. Dated at Iowa City, Iowa, this 9th day of April 2013. Jul . Voparil Deputy City Clerk . (3— c $ `l 0(o N. _\ OFFICIAL PUBLICATION WHEREAS, R3B zoning allowed Lots 8, 9 and 10, Bacon's ORDINANCE NO.13-4518 development up to a density of Subdivision in the south part of ORDINANCE REZONING approximately 58 dwelling units per Block 1, D.A. Dewey Addition to pp p� APPROXIMATELY 0RE ACRES acre and under this designation the Iowa City, Iowa, according to the -I.p OF LAND LOCATED AT 906 N. properties at 902 and 906.North recorded Plat thereof, recorded in Printer's Fee$ 1 OF LAND STREET FROM AT MULTI. Dodge Street were developed at a Plat Book 1,Page 5, Plat Records FAMILY (R3B) ZONE TO HIGH unit density of approximately 20 of Johnson County,Iowa. DENSITY SINGLE FAMILY units per acre;and SECTION II. ZONING MAP.The CERTIFICATE OF PUBLICATION DENSITYTIAS (RS-12) MI Y WHEREAS, the Comprehensive Building Inspector is hereby autho- RED APPROXIMATELY 1.15 Plan policies in place during the rized and directed to change the ACRES OF LAND LOCATED 15 1960s that led to the R3B zoning zoning map of the City of Iowa City, STATE OF IOWA, '911 N. GOVERNOR STREET on Dodge Street encouraged Iowa, to conform to this amend- 911 COMMERCIAL OFFICE demolition and redevelopment of ment upon the final passage, F O-1)ZONE TO HIGH DOFF ICE older neighborhoods at higher den- approval and publication of this JOHNSON COUNTY,SS: SINGLE FAMILY RESIDENTIAL cities;and ordinance by law. (RS-12) ZONE AND WHEREAS, the City's Zoning SECTION III. CERTIFICATION APPROXIMATELY 1.78 ACRES Code no longer includes the R3B AND RECORDING. Upon passage THE IOWA CITY PRESS-CITIZEN OF LAND LOCATED AT 902 AND zoning designation due to its and approval of the Ordinance,the N. DODGE STREET FROM inconsistency with the City's cur- City Clerk is hereby authorized and 906 N MULTI-FAMILY ODG (R3B) ZONE FROM rent comprehensive planning goals directed to certify a copy of this FED.ID#42-0330670 MEDIUM DENSITY MULTI- and policies;and ordinance and to record the same, FAMILY RESIDENTIAL (RULTI- WHEREAS, rezoning the subject at the office of the County Recorder ZONE.(REZ12-000016,18 819) properties to appropriate and valid of Johnson County, Iowa, at the I 1fi�641� 5tA2 �+— WHEREAS,the City of Iowa City zoning designations will acknowl- owner's expense, all as provided by law. has initiated a rezoning of property edge the existing multi-family uses SECTION IV. REPEALER. All located of 906 North Dodge Street located on the properties at 902 ordinances and parts of ordinances say from Multi-fa(fi'ily (R3B) to High- and 906 North Dodge Street,while in conflict with the provisions of being duly sworn,sa that I am Density Single-Family,Re; r,tial ensuring that any future develop- this Ordinance are hereby repealed. the legal clerk of the IOWA CITY (RS 12), property l Street atfrom ment of the vacant parcel located SECTION V. SEVERABILITY. If North north of 906 North Dodge Street or any section,provision or part of the PRESS-CITIZEN,a newspaper Commercial Office(CO-1)to High- any future redevelopment of 911 Ordinance shall be adjudged to be Density Single-Family Residential North Governor Street provides a invalid or unconstitutional, such published in said county,and (RS-12); property located at 902 transition to a density that is more adjudication shall not affect the and 906 North Dodge Street from compatible with the residential validity of the Ordinance as a whole that a notice,a printed copy of 1 Multi-family (R3B) to Medium- character and lower density of the or any section, provision or part Density Multi-Family Residential surrounding neighborhood and is thereof not adjudged invalid or which is hereto attached,was (RM-20)in order to bring the prop- consistent with the goals of the unconstitutional. erties into compliance with the Comprehensive Plan, Central SECTION VI. EFFECTIVE DATE. published in said paper ' City's Comprehensive Plan;and District Plan, and Historic This Ordinance shall be in effect WHEREAS, City plans and poll- Preservation Plan;and after its final passage, time(s),on the following date(s): des,including the Comprehensive WHEREAS, the Planning and p v approval and g publication,as provided by law. 1 and Strategic Plan, have changed Zoning Commission has reviewed Passed and approved this 19th considerably in the last 40 years, the proposed rezoning and recom- day of March,2013. M a PA 2.4 , ,4 i 3 with the current Comprehensive mended approval. s/Susan Mims,Mayor Pro tern Plan and Historic Preservation Plan City/ I i containing policies to encourage NOW, THEREFORE, BE IT Attest:s/Marian K.Karr, y Clerk / �� preservation of the single family ORDAINED BY THE CITY PC-AT130322095744 4 - �� character of the City's older single COUNCIL OF THE CITY OF IOWA March 28,2013 family neighborhoods and policies CITY,IOWA: that serve to stabilize these neigh- SECTION I APPROVAL. Property'` °- Legal (4-rk borhoods by encouraging a health- ,desoribed be(ow_is jtereby rpo(assi- ier balance of rental and owner- fled from its current zoning desig- occupied housing rather than rede- nation as indicated below: Subscribed and sworn to velopment for housing that serves LEGAL DESCRIPTION rip .. primarily short-term residents;and The property located north of of re me this �+o day Of WHEREAS, the Central District 906 North Dodge Street, as Plan indicates that R3B zoning is described below, is hereby A.D.20 /3 obsolete and the properties with reclassified from R3B to High this designation al d zoning should be rezoned Density Single Family Residential to a valid zoning designation;and (RS-12): WHEREAS, the Central District Commencing at the iron stake in Plan, an element of the Iowa City the Southeast corner of Lot 49 in Comprehensive Plan, indicates ( the Subdivision of the SE 1/4 of Notary Public that the vacant property located Section 3, Township 79 North, immediately north of 906 North Range 6 West of the 5th P.M., as Dodge Street and the property at per the recorded plat thereof; LINDA KROTZ 911 North Governor.Street are thence North 84.5 feet; thence ?�+t appropriate for single-family and West 210.0 feet on a line parallel Commission Number 732619 duplex residential development with the South line of Lot 49;•• • My Commission EXpires ` (2-13 dwelling units per acre);and thence South 84.5 feet on a line oil. January 27,2014 I WHEREAS, the current office parallel with the East line of said -- development and Commercial Lot 49; thence East on the South Office zoning at 911 North line of said Lot 49,210.0 feet to the Governor Street is inconsistent place of beginning. with the Comprehensive Plan and Properties at 902 and 906 North is not well-suited for modern office Dodge Street, described below, uses due to its location on a slop- are hereby reclassified from R3B ing,one-way street with poor visi- to Medium Density Multi-Family bility and access;and Residential(RM-20): WHEREAS, the Central District All of lot 50 except the South 186 Plan indicates that the properties at feet thereof, in the Subdivision of 902 and 906 North Dodge Street the SE%of Section 3,Township 79 are appropriate for low- to medi- North, Range 6 West of the 5th urn-density multi-family develop- P.M., according to the recorded ment;this designation is intended plat thereof recorded in Plat Book to acknowledge the density of the 1,Page 1,Plat Records of Johnson existing multi-family buildings, but County,Iowa. not allow further redevelopment or The property located at 911 densification;and North Governor Street,described WHEREAS,the multi-family build- below, is hereby reclassified ings at 902 and 906 North Dodge from Commercial Office (CO-1) Street were originally developed to High Density Single Family under R3B zoning, a high-density Residential(RS-12): multi-family zoning designation that is obsolete;and _ ��...® Cli■■11142WhiblirNfir lit AO 13111 Elikair 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. 13-4519, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of April, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on April 18, 2013. Dated at Iowa City, Iowa, this 13th day of May 2013. Ju Voparil Deputy City Clerk OFFICIAL PUBLICATION a.Exemptions Improvements for fire,life safe- cap will be determined by the ORDINANCE NO.13-4519 City and shall generally follow and ty an accessibility shall not AN ORDINANCE AMENDING the order of priority listed in trigger a requirement to bring Q ZONING 1 CODE TO IF THE nonconforming development subparagraph b, above. Printer's Fee$ D 3 3 ZONING CODE TO MODIFY HOW into compliance. However, at the discretion of NONCONFORMING DEVELOP- b.Standards that must be met the City,the order of priorities . MENT IS REGULATED may be adjusted in response CERTIFICATE OF PUBLICATION WHEREAS, the City's zoning Development not in compli- to specific site characteristics code establishes rules that guide ance with the development and traffic safety concerns in the use and development of prop- standards listed below must be brought into conformance order to maximize the benefits STATE OF IOWA, erties that are legally nonconform- or be granted a minor modff- of site improvements for site ing due to a change in the zoning users,adjacent properties,and designation of a property or a cation. Requirements or stan- the public. dards that would not be feasi- JOHNSON COUNTY,SS: change in the zoning regulations; ble or practical or would undu- 3.. Damaged, Demolished or and Destroyed Site ly reduce the ability to use or WHEREAS, it is the intent of the a. Restoration of a structure, nonconforming rovisions of the re-use the property due to which has been damaged by THE IOWA CITY PRESS-CITIZEN zoning code o guide future uses topography, location of exist- fire, explosion, act of God or ing buildings,or other site con- and development in a direction by a public enemy shall not t i trans, may be modified or FED.ID#42-0330670 consistent with City policy,to pro- straints, trigger a requirement to bring tect the character of an area by waived by minor modification. nonconforming development reducing the potential negative The City,at its discretion,may into compliance. O D ,` D C S�� impacts from nonconforming situa- also waive or modify by minor b.When a use is proposed for a I I1 E/��� J L'� tons,and over time,to bring devel- modification any standards g that cannot be met due to a property where the principal tht opment into compliance with the building(s) have been demol- City's regulations while also provid- conflict with any other require- in for flexibility and relief from the fished or destroyed, but that being duly sworn,say that I am ing y (1)Screening of�elxisting parkin contains nonconforming strict application of zoning provi- g. development,such as parking the legal clerk of the IOWA CITY sions so that properties can con- loading, vehicular use areas, lot paving, exterior lighting, tinue in productive use over time; signagvi etc, the property PRESS-CITIZEN,a newspaper and and outdoor storage and dis- must be brought into compli- WHEREAS, the t rovisions in play areas along street-side lot ance with all applicable site published in said county,axid Section 14-4E-8, Nonconforming lines according to the applica development standards as set Development,are intended to pro- ble screening standard. that a notice,a printed copy of vide flexibility and in some cases Setback requirements may be forth in the base zone and in y Chapter 14-5. modified to address site relief from the current site develop- te con- SECTION II. REPEALER.All ordi- which is hereto attached,was ment standards for nonconforming straints; nances and parts of ordinances in (2)Screening of existing parking, property as they redevelop, conflict with the provisions of this published in said paper_____L— expand,or change uses over time; loading, vehicular use areas, Ordinance are hereby repealed. and outdoor storage and dis- and SECTION III. SEVERABILITY. If time(s),on the following date(s): play areas from the Iowa River WHEREAS,while recent changes or from any Parks and Open any section,provision or part of the to the zoning code brought the Space Use, including trails, Ordinance shall be adjudged to be City's regulations in line with cur- invalid or unconstitutional, such I , Q rent accepted practice with regard according to the applicable . — ' (� t L P P g screening standard. Setback adjudication shall not affect the to commercial site design, includ- g validity of the Ordinance as a whole / requirements may be modified / ing screening and buffering parking or any section, provision or part r ��� areas, outdoor storage areas, and to address site constraints; thereof not adjudged invalid or alb. .1. �. (3)Outdoor lighting standards; display lots from public sidewalks unconstitutional. and neighboring properties, there (4)Bicycle parking requirements; SECTION IV. EFFECTIVE DATE. are many older properties that are (5) Street and residential tree This Ordinance shall be in effect Legal Cl i noncompliant with these new Stan- requirements; after its final passage,approval and dards;and (6) Design, layout, landscaping, publication. WHEREAS,it is necessary to pro- and tree requirements within Passed and approved this 9th Subscribed a d sworn to vide more flexibility and relief in parking areas; day of April,2013. Pedestrian circulation stan- certain circumstances from the s/Matthew J.Hayek,Mayor da of dards; y y bef e me this } strict application new site Bevel- Attest:s/Marian K.Karr,City Clerk A.D. 20 /3 opment standards that would not (8)Screening of existing parking, be feasible or practical or would loading, vehicular use areas, PC-6000020442 P April 18,2013 ' unduly reduce the ability to use or and outdoor storage and dis- ( re-use a property due to topogra- play areas along side or rear lot � phy, location of existing buildings, lines. Setback requirements or other site constraints. may be modified to address NOW, THEREFORE, BE IT site constraints; • ORDAINED BY THE CITY (9) Access management stan- Notar COUNCIL OF THE CITY OF IOWA dards. ���+� LINDA K-OTZ CITY,IOWA: c. Cap on the cost of compli- ef Commission Number 732619 SECTION I. The Code of ance. a; The standards listed in sub- paragraph• My Commission Expires Ordinances of the City of Iowa City, paragraph b. must be met for . y Iowa is hereby amended as fol- o,r• January 27.2014 lows: the entire site. However, -- A. Deleting paragraphs 14-4E- where the cost of compliance 8A-2 and 14-4E-8A-3,and substi- with the standards enumerat- tuting in lieu thereof: ed in subparagraph b above 2.Alterations exceeds 10 percent of the When structural alterations are value of the applicable struc- made to a building or buildings tural alterations, the site shall on a property that contains be brought into compliance nonconforming development, with all site development stan- and said structural alterations dards up to this 10 percent result in an increase in the cap. The value of the altera- occupancy load of a building lions is based on the entire or increase the number of bed- project, not individual building rooms, number of dwelling permits. It is the responsibility units, or otherwise increase of the applicant to document the allowable residential occu- that the cost of the required pancy of a building, the site site development improve- must be brought into confor- ments will be greater than 10 mance with the development percent of the value of the standards listed in subpara- proposed structural alterations graph b.,up to the cap stated to the building or buildings on in subparagraph c. Certain the site. If not all site improve- structural alterations are ments are being made,due to exempt from the requirements the cost exceeding the cap, of this paragraph as listed in the extent and location of the subparagraph a.,below. site improvements below the gl■■III 1ir' 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. 13-4520, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of April, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on April 18, 2013. Dated at Iowa City, Iowa, this 13th day of May 2013. Jur Voparil Deputy City Clerk ICI c-ky _,.)- , k — LIS ,sz, C- -4-24....,--cN44..‘\1,,s,„ Zuvu,„,u,;\„Les....---j,6_,:iti:::,,r_hot. sj.x. 44 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION [� ORDINANCE NO.13-4520 Printer's Fee$ /3 4.3"x' AN ORDINANCE AMENDING SECTION 14-4B-12 AND TABLE 2C-1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT CERTIFICATE OF PUBLICATION WHEREAS, the City Council has recently adopted the Towncrest Design Review District and the Riverfront Crossings District Master Plan,and these districts share a common goal of facilitating the revitalization and rede- velopment of an underutilized city area;and STATE OF IOWA, WHEREAS,the intent is to adopt policies and regulations that will provide the opportunity for transforming these areas from an auto-oriented development pattern to a more walkable urban pattern;and WHEREAS,where residential uses are adjacent to or located on upper floors above commercial uses,it is impor- tant to ensure externalities associated with commercial activity are mitigated as much as possible,and outdoor JOHNSON COUNTY,SS: storage and work areas,exterior lighting,parking areas,and drives need to be carefully located and screened;and WHEREAS,integrating auto=oriented uses,such as Quick Vehicle Servicing Uses(gas stations and similar) into Riverfront Crossings and Towncrest in a manner that is compatible with the new vision for these areas as pedes- THE IOWA CITY PRESS-CITIZEN trian-oriented with a mix of residential and commercial uses presents unique challenges;and WHEREAS,Quick Vehicle Servicing Uses are already allowed in two of Iowa City's more urban zoning districts, the Central Business Support(CB-5)and Central Business Service(CB-2)zones,but must comply with the Central FED.ID#42-0330670 Business Site Development Standards that require urban street frontages with buildings located close to the street with parking and vehicle service areas located to the side or rear;and WHEREAS,the same urban standards for Quick Vehicle Servicing Uses in the CB-5 and CB-2 zones should be I a/��Q s� � applied to these uses in the Riverfront Crossings and Towncrest Districts;and +� WHEREAS, because detailed design plans for both the Riverfront Crossings District and Towncrest identify specific goals and objectives for these areas,Quick Vehicle Servicing Uses should be carefully considered through being duly sworn,say that I am a special exception process that will allow the Board of Adjustment to consider the unique characteristics of each site proposed for these uses to ensure compatibility with the goals and objectives of these design plans;and the legal clerk of the IOWA CITY WHEREAS,the Planning and Zoning Commission has reviewed this ordinance and recommended approval. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: PRESS-CITIZEN,a newspaper SECTION I.The Code of Ordinances of the City of Iowa City,Iowa is hereby amended as follows: A.Delete paragraph 14-4B-4B-12 and substitute in lieu thereof: Quick Vehicle Servicing published in said county,and Qua.All vehicular use areas,including parking and stacking spaces,drives,aisles,and service lanes,must be that a notice,a printed copy of screened from the public right-of-way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a Residential Zone boundary(See Article 14-5F,Screening and Buffering Standards). which is hereto attached,was b.Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abut- ting streets. published in said paper_L_ c.Unenclosed canopies over gas pump islands must be setback at least 10 feet from any street right-of-way. Fuel dispensing equipment must be setback at least 10 feet from any street right-of-way and at least 100 time(s),on the following date(s): feet from any Residential Zone boundary,except in the CB-2 Zone.In the CB-2 Zone,fuel dispensing equip- ment must be setback at least 10 feet from any street right-of-way and at least 70 feet from any Residential Zone boundary. A—P 4 1 L IS -2-0 J yT d.All lighting must comply with the provisions of Article 14-5G,Outdoor Lighting Standards. e. In the CN-1, CB-2, and CB 5 Zones,the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent Residential Zones. i i f.In the CN-1,CB-2,and CB-5 Zones,car washes may contain no more than one bay and are permitted only r � if built in conjunction with another Quick Vehicle Servicing Use. The car wash must be located adjacent to and on the same property as the other Qtfick"Vehicle Servicing Use and must be set back an adequate diafanca and screened to the S3 standard aloi g any side or rear lot line that abuts a Residential Zone bound- Legal Cle any. c g.a In the CN-1 Zone,no light source on the property,except for internally lit signs,shall be higher than 15 feet above finished grade. h.For properties located in the Towncrest Design Review District,as shown on the Towncrest Design Review Subscribed aid sworn to District Map in 14-3C-2A-9,and the Riverfront Crossings District,as shown in Figure 2C.8,Quick Vehicle daf Servicing Uses are only allowed by special exception and must comply with the Central Business Site bef• me this y of Development Standards,as they would be applied to a property in the CB-5 Zone,except as otherwise ' A.D.20 I . allowed by paragraph(i)below. -d/AL. I. For properties located in the CB-2 Zone, CB-5 Zone, Riverfront Crossings District, or Towncrest Design Review District,where it can be demonstrated that the proposed Quick Vehicle Servicing Use cannot corn- ,„., -0/ 4.ti ply with a specific Central Business Site Development Standard, the Board of Adjustment may grant a 1_.----at special exception to modify or waive the provision,provided that the intent of the development standard is not unduly compromised.The Board of Adjustment may impose any condition or conditions that are war- ranted to mitigate the effects of any variation from these development standards. Nntary Public B.Amend Table 2C-1,Principal Uses Allowed in Commercial Zones,by labeling Quick Vehicle Servicing Uses as LINDA KROTZ "PR/S"in the columns for the CI-1 Zone;CC-2,Zone,and CB-2 Zone. µii.a C.Amend 14-2C-11 Special Provisions,adding a"Subsection C.Riverfront Crossings District"and Insert the Zr i. Commission Number 732619 following map of the Riverfront Crossings District within this new subsection and label the map,Figure 2C.8 . • My Commission Expires -Riverfront Crossings District Boundaries: Div IL Januay 27,2014 aett .4,,,.... ,..,,.Ax.),_.• .._,\J.4.-\‘.4. ---' S.,,,,i',..A.4.z.,... ----0.0...1,...,.....c j1/4..,ak .11/4 11/411'.--%it'%44.4. `` . A Li:1i, = = L • , V". . r'i l'1,IR , 'IL CY£RS✓ wr nc ws ue dOWa FY E r ' �M 7:7 '' o.. .� • 3 . ..._ PM11,11111111- 101 [ I°- MUM V fo ,,, fire.:,,, ;,...-..4.,:.. ti....1.. ulEil , , . - . _ _ iliNIA1 - 111-.111iiiL , r 1 t 1 — .....,,,, 1 r,„,„, ari iii , V ,. \' \II.I: a 14,1 , - ,. _ Y -_ i .. ;. ' j iii 6 0., ,,, ,....,, , . ., ., , = - ... , \ . -----,1 i ._.:. ,, , ,..., r ..._ , , „. ...... . ..., _ , , ._ .,9 C„......„ ,, ,,.......,..„.1 1 ,, ili ,,r,,,,,,. , a ; 1 -. .,..- ..I- 4 1,44 WSW, pr ! i 4a arx fi , III 4 .. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid such adjudication shall not affect the validity of the Ordinance as a whole or any section, or unconstitutional, ) Y P or part art thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,approval and publica- tion,as provided by law. Passed and approved this 9th day of April,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk PC-6000020440 April 18,2013 r 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. 13-4521, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of April, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on April 18, 2013. Dated at Iowa City, Iowa, this 13th day of May 2013. Julie . Voparil Deputy City Clerk Printer's Fee$ �,... 3 OFFICIAL PUBLICATION ORDINANCE NO.13-4521 ORDINANCE AMENDING CERTIFICATE OF PUBLICATION ENTITLED OF THE UBLIC WAYS AND PROPERTY," CHAPTER STATE OF IOWA, 1, ENTITLED"PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE JOHNSON COUNTY,SS: AMPLIFIED SOUND IN CITY PARKS. WHEREAS,presently parade and public assembly permittees can THE IOWA CITY PRESS-CITIZEN use amplified sound only if the event is reasonably expected to FED.ID#42-0330670 draw more than 500 persons or occupy a substantial area within City Plaza or a similar area within Q^��� -<&- �.�. the downtown and is a community- wide wide attraction; WHEREAS, although the limita- tion was designed to limit amplified being duly sworn,say that I am sound in City Plaza specifically and the downtown generally, it also the legal clerk of the IOWA CITY applies to City parks;and WHEREAS,it is in the City's inter- PRESS-CITIZEN,a newspaper est to allow amplified sound in City parks with the approval of the published in said county,and Director of Parks and Recreation Department. that a notice,a printed copy of NOW, THEREFORE, BE IT ORDAINED BY THE CITY which is hereto attached,was COUNCIL OF THE CITY OF CITY, published in said paper IOWA:SECTION I.AMENDMENTS. 1.Title 10,entitled"Public Ways time(s),on the following date(s): and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and ��� A ` g yd I Required," is hereby / / amended by adding the following sentence to the end of Subsection .Ill F: Notwithstanding the provisions herein, the Director of the Parks and Recreation Department may Legal C 4k approve the use of amplified sound in city parks pursuant to written rules. Subscribed and sworn to SECTION II. REPEALER. All ordinances and parts of ordinanc- bef re me this day of es in conflict with the provision of this Ordinance are hereby repealed. A.D. 20.L _• SECTION III. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be �i _ invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a Notary Public whole or any section, provision or part thereof not adjudged invalid or unconstitutional. �,.� LINDA KROTZ SECTION IV. EFFECTIVE DATE. r' Commission Number 732619 This Ordinance shall be in effect • " My Commission Expires after its final passage, approval January 27,2014 and publication, as provided by law. Passed and approved this 9th day of April,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk PC-AT130412_104105 April 18,2013 r masoximgir 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. 13-4522, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of April, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 2, 2013. Dated at Iowa City, Iowa, this 13th day of May 2013. 0 Julie K. Voparil Deputy City Clerk OFFICIAL PUBLICATION (2) The proposed dwellings will ORDINANCE NO.13-4522 not significantly alter the AN ORDINANCE TO AMEND overall commercial character G Printer's Fee$ 0.5 3 SUBSECTION 14-4B-4A, of the subject CB-5 or CB-10 PARAGRAPH 7 OF THE ZONING Zone. CODE TO ALLOW MULTI-FAMILY (3) There are site conditions or CERTIFICATE OF PUBLICATION DWELLING UNITS TO BE building characteristics that II LOCATED ON OR BELOW THE make the street level of the STREET LEVEL FLOOR OF A subject building or buildings BUILDING BY SPECIAL unsuitable for other uses STATE OF IOWA, EXCEPTION IN THE CB-5 ZONE allowed in the CB-5 or CB-10 FOR BUILDINGS DESIGNATED AS Zone. AN IOWA CITY HISTORIC (4) If an existing building on a JOHNSON COUNTY,SS: LANDMARK. landmark property includes WHEREAS,it is in the best inter- three or more of the following est of the City to allow flexibility in commercial storefront char- THE IOWA CITY PRESS-CITIZEN application of zoning rules to acteristics,dwellings are pro- encourage the adaptive re-use of hibited on or below the street historic buildings in order to pre- level floor of that building: FED.ID#42-0330670 serve the history and culture of the (a)The main entrance to the community for future generations; building is at or near and grade; h gr 2 � '(4f_ WHEREAS, in order to provide (b) The front facade of the 1 flexibility in preserving the integrity building is located within of buildings designated as Historic ten feet of the front prop- being duly sworn,say that I am Landmarks,the zoning code allows The front fa ade of the a property owner the option to (c) 4 the legal clerk of the IOWA CITY seek a special exception that building contains ground g would allow residential dwelling floor storefront or display PRESS-CITIZEN,a newspaper units on the ground level floor of a windows;and Historic Landmark in the Central (d) The street level floor of published in said county,and Business (CB-10) Zone if said the building was originally building was not originally constructed to accommo- that a notice,a rinted copy of designed as a storefront commer- date Sales-Oriented and P py cial building;and Personal Service-Oriented which is hereto attached,was WHEREAS,this special exception Retail Uses and/or has option is not currently available for historically been used for published in said paper i Historic Landmark buildings locat- these purposes. ed in the Central Business Support SECTION II. REPEALER. All time(s),on the following date(s): (CB-5)Zone;and ordinances and parts of ordinanc- WHEREAS, there are historic es in conflict with the provisions of landmark buildings located in the this Ordinance are hereby repealed. , .�ref CB-5 Zone that were not originally SECTION III, SEVERABILITY. If M K 'O( `'' t designed as storefront commercial any section,provision or part of the i buildings, such that it may be Ordinance shall be adjudged to be AIP appropriate s nt for the Board is of invalid or unconstitutional, such �' rl\ ■ _ �.�� Adjustment to consider requests adjudication shall not affect the for residential uses on the ground validity of the Ordinance as a level floor; whole or any section, provision or Legal Cle WHEREAS, the Planning and part thereof not adjudged invalid or g Zoning Commission has reviewed unconstitutional. this ordinance amendment and SECTION IV. EFFECTIVE DATE. Subscribed and sworn to recommends approval. This Ordinance shall be in effect after its final passage, approval before me this day of NOW, THEREFORE, BE IT and publication, as provided by y ORDAINED BY THE CITY law. IA . . A.D.20 /3 . COUNCIL OF THE CITY OF IOWA Passed and approved this 23rd CITY,IOWA: day of April,2013. SECTION I. The Code of s/Matthew J.Hayek,Mayor ii Ordinances of the City of Iowa City, Attest:s/Marian K.Karr,City Clerk ��� y '� Iowa is hereby amended as fol- lows: PC.AT130428 135753 May 2,2013 A. Delete subparagraph Notary Public 14-4B-4A-7e and substitute in lieu thereof: µit LINDA KROTZ CB-5 and CB-10 Exception $ `Sy Commission Number 732619' In the CB-5 and CB-10 Zone, w, • My Commission Expires ' except as prohibited in subpara- Y graph (4) below, the Board of °*" January 27,2014 Adjustment may grant a special exception for Multi-Family Dwellings to be located on or below the street level floor of a building,provided that the follow- ing criteria are met. (1)The proposed dwelling will be located on a property desig- nated as an Iowa City Historic Landmark. A reha- bilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilita- tion of the property must be completed according to this plan before an occupancy permit is granted. ' l l Ill 421i3 ilia.1,1 Mel BallI 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. 13-4523, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of April, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 2, 2013. Dated at Iowa City, Iowa, this 13th day of May 2013. Jules . Voparil Deputy City Clerk If OFFICIAL PUBLICATI N SECTION 14�NERA of of e ORDINANCE NO.13-4523 any n cen, ju gad of the Ordkwge'Who adjudged to be / ORDINANCE REZONING invalid or unconstitutional, such Printer's Fee$ 3''4•a3 APPROXIMATELY .09 ACRES adjudication shall not affect the LOCATED AT 529 S. GILBERT validity of the Ordinance as a STREET AS AN IOWA CITY whole or any Section,provision or CERTIFICATE OF PUBLICATION HISTORIC LANDMARK. (REZ13- part thereof not adjudged invalid or 00008) unconstitutional. WHEREAS, the applicant, JMK SECTION VI. EFFECTIVE DATE. STATE OF IOWA, Holding& The. e.Tavern, has ThiS Ordinance shall be in effect requested reams of a property after its final passage, approval located at 529 Silbert Street to and publication, as provided by designate the property as an Iowa law. JOHNSON COUNTY,SS: City Historic Landmark;and Passed and approved this 23rd WHEREAS, the Historic day of April,2013. Preservation element of the s/Matthew J.Hayek,Mayor THE IOWA CITY PRESS-CITIZEN Comprehensive Plan encourages Attest: s/Marian K. Kan, City the identification and preservation Clerk of historic resources significant to FED.ID#42-0330670 Iowa City's past;and May 2,2013 WHEREAS, research conducted 1, ‹ A -z., that behalf ropert applicant ws i reveal05 IN that this property was built in 1905 as a factory for the Hawthorne Glove&Novelty Co.;and being duly sworn,say that I am WHEREAS, the Historic g y Y Preservation Commission and the legal clerk of the IOWA CITY State Historical Society have g determined that it is worthy of PRESS-CITIZEN,a newspaper preservation;and WHEREAS,this property is locat- published in said county,and a within the Riverfront Crossings that a notice,a printed copy of WHEREAS, The Riverfront Crossings Master Plan,an element which is hereto attached,was of the Comprehensive Plan, encourages the preservation of r published in said paper historic properties within the District;and time(s),on the following date(s): WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City �w Historic Landmark to be in compli- ance with the Comprehensive Plan 4 / and has recommended approval. rS1� t NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: Legal 0-rk SECTION I APPROVAL.Property g described below is hereby desig- nated as an Iowa City Historic Subscribed and sworn to Landmark: LEGAL DESCRIPTION before me this =2•-.� day of THE N 35.72'OF LOT 8&S 12.5' Y of LOT 7°BLOCK 5 OF LYON'S A.D.20 /3 . FIRST ADDITION, IOWA CITY, JOHNSON COUNTY,IOWA. • SECTION II; ZONING MAP.The ■- et.e,4:1■<---- 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- Notary a t upon the final passage,app royal and publiati on of this * Commission Ntsnber 73261 ordinance by law. SECTION III. CERTIFICATION. a My C01111181400 81400 AND RECORDING.Upon passage January 2I20t4,, , 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 ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. 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. 13-4524, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Ju • Voparil Deputy City Clerk OFFICIAL PUBLICATION DESCRIPTION thence South 88°40'West 4.0 feet; ORDINANCE NO.13-4524 AIR RIGHTS VACATION thence South 1°20'East 20.0 feet; ORDINANCE VACATING AIR That part George Street described thence North 88°40' East 4.0 feet q as follows: to the point of beginning and con- Printer's Fee$ -O.0 L SUBTERRANEAN RIGHTS Commencing as a point of refer- taining 80 square feet more or less. FOR PORTIONS OF PUBLIC ence at the Southeast corner of Lot The vacated subterranean rights RIGHT-OF-WAY LOCATED ON 5 of a Subdivision in the Northwest will extend from the surface to a CERTIFICATE OF PUBLICATION GEORGE STREET BETWEEN Quarter of Section 16,Township 79 depth of 75 feet. BENTON STREET AND North, Range 6 West of the 5th SECTION II. REPEALER. All OAKCREST STREET. (VAC13- P.M. (Final Plat recorded in Plat ordinances and parts of ordinances STATE OF IOWA, X002) Book 4, Page 315 at the Johnson in conflict with the provisions of WHEREAS, the applicant, County Recorder's Office), Iowa this Ordinance are hereby repealed. Christian Retirement Services City,Johnson County,Iowa; SECTION III. SEVERABILITY. If JOHNSON COUNTY,SS: (Oaknoll),hristi is redeveloping the prop- thence North 1°20'West 222.5 feet any section,provision or part of the erty at the northwest corner of along the Westerly right-of-way line Ordinance shall be adjudged to be West Benton Street and George of George Street(assumed bearing invalid or unconstitutional, such THE IOWA CITY PRESS-CITIZEN Street for an expansion of Oaknoll for this description only) to the adjudication shall not affect the point of beginning; validity of the Ordinance as a whole retirement campus;and thence continuing North 1°20' or any provision part WHEREAS, the applicant has any section, rovision or FED.ID#42-0330670 requested that the City vacate and West 30.0 feet along said Westerly thereof not adjudged invalid or convey to the applicant air rights right-of-way line; unconstitutional. starting 20 feet above grade for a thence North 88°40'East 60.0 feet SECTION IV. EFFECTIVE DATE. I, go f-( Sw Arr 1- 30' x 60' section of the George to a point of intersection with the This Ordinance shall be in effect Street right-of-way to allow for Easterly right-of-way line of said after its final passage,approval and construction of a skywalk to con- George Street; publication,as provided by law. being duly sworn,say that I am nect the existing Oaknoll campus thence South 1°20' East 30.0 feet Passed and approved this 14th P along said Easterly ri right-of-way day of Ma 2013. with the new campus;and g y g y Y May the legal clerk of the IOWA CITY WHERE, the applicant has also line; s/Matthew J.Hayek,Mayor requested vacation of subterra- thence South 88°40'West 60.0 feet to Attest:s/Marian K.Karr,City Clerk PRESS-CITIZEN,a newspaper nean rights for portions of George the point of beginning and containing Street beneath the proposed sky- 1,800 square feet more or less. PC-67130516 164507 May 23,2013 published in said county,and walk for the purpose of installing The vacated air rights will begin at footings for the skywalk piers;and a height of 20 feet above the grade that a notice,a printed copy of WHEREAS, the skywalk would of the pavement at the center of improve pedestrian circulation for the above description and extend which is hereto attached,was workers and elderly residents at to a height 38 feet above said Oaknoll,who may encounter safety grade. published in said paper_______ risks when crossing George Street DESCRIPTION and moving between the existing SUBTERRANEAN RIGHTS time(s),on the following date(s): buildings and the new building;and VACATION WHEREAS, the skywalk would That part George Street described also afford Oaknoll workers and as follows: A J �3 t? residents shelter from inclement Commencing as a point of refer- ence at the Southeast corner of Lot / , Street;and 5 of a Subdivision in the Northwest Vlr WHEREAS, the proposed sky- Quarter of Section 16,Township 79 fi��/WAM► walk would be built at least 20 feet North, Range 6 West of the 5th 0 above ground, which would not P.M. (Final Plat recorded in Plat impede vehicular or pedestrian Book 4, Page 315 at the Johnson Legal C rlc street-level circulation;and County Recorder's Office), Iowa WHEREAS,the impact of the pro- City,Johnson County,Iowa; posed skywalk on light, air and thence North 1°20'West 226.4 feet Subscribed and sworn to open space would be minimal and along the Westerly right-of-way line not be significantly detrimental to of George Street(assumed bearing before me this a3.r�day of the views of nearby residents and for. this description only) to the pedestrians, given that the pro- point of beginning; A,D,2013_, posed skywalk would be built at thence continuing North 1°20' least 20 feet above grade,and that West 20.0 feet along said Westerly the landscaping plan for the new right-of-way line; 9 Y 4w campus indicates a substantial thence North 88°40'East 5.25 feet; amount of trees and green space to thence South 1°20'East 20.0 feet; be provided between the buildings; thence South 88°40'West 5.25 feet and to the point of beginning and con- WHEREAS,to ensure the impact taining 105 square feet more or less. �,+� L) R �L of the proposed skywalk on light, The vacated subterranean rights Commission Number 732619 air and open space would be mini- will extend from the surface to a � ' Commission Expires mal, the applicant has agreed to depth of 75 feet. �• Janua 27;2©14 staff approval of the design of the AND that part George Street �! skywalk;and described as follows: WHEREAS, the Planning and Commencing as a point of refer- Zoning Commission has the ence at the Southeast corner of Lot reviewed the proposed vacation of 5 of a Subdivision in the Northwest air rights and subterranean rights Quarter of Section 16,Township 79 and has recommended approval of North, Range 6 West of the 5th the application subject to City staff P.M. (Final Plat recorded in Plat approval of the design of the sky- Book 4, Page 315 at the Johnson walk. County Recorder's Office), Iowa NOW, THEREFORE, BE IT City,Johnson County,Iowa; ORDAINED BY THE CITY thence North 1°20'West 226.4 feet COUNCIL OF THE CITY OF IOWA along the Westerly right-of-way line CITY,IOWA: of George Street(assumed bearing SECTION I VACATION. The City for this description only); of Iowa City hereby vacates air thence North 88° 40' East 60.00 rights and subterranean rights to 1 feet to a point of intersection with that portion of public right-of-way the Easterly right-of-way line of described as follows: said George Street; thence North 1°20' West 2.0 feet along said Easterly right-of-way line to the point of beginning; thence continuing North 1°20' West 20.0 feet along said Easterly right-of-way line: r 1 aglICiail?at 11 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. 13-4525, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Jule K. Voparil Deputy City Clerk OFFICIAL PUBLICATION thence South 69°15'08" West �, ORDINANCE NO.13-4525 303.00 feet along said Westerly Printer's Fee$ LOO.3 I ORDINANCE REZONING right-of-way to a point of curva- APPROXIMATELY 27.8 ACRES ture; LOCATED WEST OF MORMON thence Southwesterly 331.66 feet TREK BOULEVARD AND NORTH along said Westerly right-of-way CERTIFICATE OF PUBLICATION OF HAWKEYE PARK ROAD and along the arc of a 784.00 foot FROM INSTITUTIONAL PUBLIC radius curve concave (P-2)TO INSTITUTIONAL Southeasterly (chord bearing STATE OF IOWA, PUBLIC/MEDIUM-DENSITY South 57°07'59" West 329.20 MULTI-FAMILY(P-2/RM-20). feet) (REZ13-00001) thence South 85°00'04" West JOHNSON COUNTY,SS: WHEREAS, the applicant, the 61.69 feet along said right-of-way University of Iowa,has requested a line; rezoning of property located west thence North 53°07'10" West THE IOWA CITY PRESS-CITIZEN of Mormon Trek Boulevard and 50.80 feet; north of Hawkeye Park Drive from thence North 26°31'14" West Institutional Public (P-2) to 359.76 feet; FED.ID#42-0330670 Institutional Public/Medium- thence North 1°16'02" East Density Multi-Family (P-2/RM-20); 479.81 feet; and thence North 90°00'00" East 1, _jO ►- Siw) --• WHEREAS,the University of Iowa 28.10 feet; plans to lease the subject property thence North 0°01'41" West to a private owner for construction 200.68 feet; being duly sworn,say that I am of an apartment complex;and thence North 21°19'38" East WHEREAS, the land will remain 318.96 feet; the legal clerk of the IOWA CITY publicly-owned and thus retain the thence North 69°52'12" East underlying P-2 zoning while the 614.31 feet; PRESS-CITIZEN a newspaper RM-20 zoning would function as an thence South 57°48'38" East 86.89 feet; overlay zoning;and thence South 19°40'52" East published in said county,and WHEREAS,, the Planning and 479.50 feet; Zoning Commission has the thence South 70°19'08" West that a notice,a printed copy of reviewed the proposed rezoning 53.85 feet; and has recommended approval. thence South 19°40'52" East which is hereto attached,was NOW, THEREFORE, BE IT thence feet; ORDAINED BY THE CITY thence North 70°19'08" East published in said paper_-_[__ COUNCIL OF THE CITY OF IOWA thenc feet; CITY,IOWA: • 53.85 South 19°40'52" East time(s),on the following date(s): SECTION I APPROVAL Property thencefeetut the 19°40'52"2 begin- , Eas described below is hereby reclassi- ning and containing 27.81 acres fled from its current zoning desig- more or less. M y� �� ' A nation of P-2 to P-2/RM-20: SECTION II. ZONING MAP The ^ , 1 �"' PROPERTY DESCRIPTION That part of the Northwest Building Inspector is hereby autho- Quarter and that part of the rized and directed to change the f� / ��� Southwest Quarter of Section 8, zoning map of the City of Iowa City, Township 79 North,Range 6 West Iowa, to conform to this amend- of the 5th P.M.,Iowa City,Johnson ment upon the final passage, Legal d rk County, Iowa described as fol- approval and publication of this lows: ordinance by law. Commencing as a point of refer- SECTION III. CERTIFICATION ence at the Northwest corner of AND RECORDING. Upon passage Subscribed and sworn to said Northwest Quarter; and approval of the Ordinance,the /� thence North 89°57'04" East City Clerk is hereby authorized and before me this p13,rtYday of 2654.13 feet along the North line directed to certify a copy of this A.D.20 of said Northwest Quarter ordinance and to record the same, (assumed bearing for this descrip- at the office of the County Recorder lion only)to the Northeast corner of Johnson County, Iowa, at the of said Northwest Quarter; owner's expense, all as provided by law. � ��� thence South 0°20'28" West SECTION IV REPEALER.All ordi- said Northwest along the East line of nances and parts of ordinances in said Northwest onarter with a point conflict with the provisions of this P1t�ll� of intersection with the Ordinance are hereby repealed. LINDA K OTZ Southwesterly right-of-way line of SECTION Y. SEVERABILITY. If brut Number 732619 the Iowa Interstate Railroad; Zr Commission thence North 56°36'37" West any section,provision or part of the _ • My Commission Expires Ordinance shall be adjudged to be • 20.08 feet along said right-of-way invalid or unconstitutional, such a,� jams y 7,2014 line to a point of intersection with invalid or shall not affect the - the Westerly right-of-way line of Mormon Trek Boulevard; validity of the Ordinance as a whole thence Southwesterly 128.21 feet or any section, provision or part along said Westerly right-of-way thereof not adjudged invalid or and along the arc of a 862.00 foot unconstitutional. radius curve concave SECTION VI. EFFECTIVE DATE.. Southeasterly (chord bearing This Ordinance shall be in effect South 30°11'48" West 128.10 after its final passage,approval and feet)to a point of tangency; publication,as provided by law. thence South 25°56'08" West Passed and approved this 14th 18 of May,2013. feet along said Westerly day s/Matthew J.Hayek,Mayor right-of-way; thence South 27°07'36" West Attest:s/Marian K.Karr,City Clerk 325.42 feet along said Westerly PGAT130516_180250 May 23,2013 right-of-way to the point of begin- ning; thence continuing South 27°07'36"West 16.92 feet along said Westerly right-of-way to a point of curvature; thence Southwesterly 397.75 feet along said Westerly right-of-way and along the arc of a 541.00 foot radius curve concave Northwesterly (chord bearing South 48°11'22" West 388.86 feet)to a point of tangency; _� .0114;NribiT 141 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. 13-4526, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Julie . Voparil Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO.13-4526 erative, with all members and a,medirriaa DeasHy: , board members having as their AN ORDINANCE AMENDING primary residence a rooming unit (1)In the RM-20 and RNS- TITLE 14, ZONING, TO DEFINE P 20 Zones:I roorher per 900 Printer's Fee$ ` q.Sy governed by the cooperative.ROOMING HOUSE COOPERA- g y P� �n����• TIVESASATYPE OF FRATERNAL B.Delete paragraphs 14-4A-3B-1 (2)t,the RM-44 and PRM and 14-4A-3B-2, and substitute Zones: 1 roomer per 500 GROUP LIVING USE AND TO pe SPECIFY THAT FRATERNAL in lieu thereof: square feet of lot area. CERTIFICATE OF PUBLICATION GROUP LIVING USES ARE 1.Characteristics b.Maximum Occupancy Group Living uses are charac- 1 roomer 300 square ALLOWED BY SPECIAL EXCEP- terized by the residential occu- TION IN THE RNS-20 ZONE AND arc a group feet of floor area within the STATE OF IOWA, TO MODIFY THE RESIDENTIAL pancy of a dwelling b y gro p Fraternal Group Living Use. of people that do not meet the c. Facilities DENSITY AND BICYCLE PARK- definition of a household or The Group Living STANDARDS FOR SAID group household. The size of g Use must JOHNSON COUNTY,SS: USES TO BE CONSISTENT WITH g P have bath and toilet facili- THE DENSITY AND PARKING the group is typically larger in ties available for use by STANDARDS FOR MULTI-FAMI- size than the average size of a roomers in such numbers THE IOWA CITY PRESS-CITIZEN LY USES. family or household. Tenancy as specified in Title 17, is arranged on a month-to- Building and Housing. In WHEREAS,the City has adopted month basis, or for a longer addition, the occupants FED.ID#42-0330670 a strategic plan goal ro stabilize P central city neighborhoods by period.Group Living structures shall have access to kitchen contain individual rooming facilities,a dining room,and ensuring the higher density read- g units with private or shared other shared living spaces dential uses are designed in a man- g Pan I D RTC- man- ner and built to a residential density bathroom facilities and may and common facilities relat- r ° a''1 ��� also contain shared kitchen that is compatible with surrounding facilities,and/or common din- d.Additional approval single family dwellings;and ppro trite- ' being duly sworn,say that I am ing and living areas for resi. ria for Special Exceptions g y y WHEREAS, to further the afore- ptions dents. The residents may or The proposed use must be mentioned strategic plan goal,the may not receive any combina- tion legal clerk of the IOWA CITY City Council adopted new reeiden^ y y designed to be compatible lion of care,training, or treat- with adjacent uses. The tial density and parking standards 1 PRESS-CITIZEN a newspaper y ment,but those receiving such Board of Adjustment will for multi-family uses;and 1 services must reside at the consider aspects of the pro- published according to the seen P site. posed use, such as the ublished in said county, University of Iowa, participation in Po p } 2.Examples location, site size, of Greek life at the University is on the types Examples include uses from accessory uses,anticipated that a notice,a printed copy of rise;and P p py the three subgroups listed traffic, building scale, set- WHEREAS, Group Living Uses, g below• backs, landscaping and set- which is hereto attached,was such as rooming houses, fratemi- P s a. Assisted Group Living amount of paved areas to ties,and sororities,due to the high P Group care facilities,includ- ensure that the proposed published in said paper_ density nature of these uses and in nursing and convales- P P the group activities and events that g g use is compatible with other time(s), the following date(s): are typical of these uses,can have cent homes;assisted living residential uses in the �'on t ow g typ facilities• neighborhood. The Board p a de-stabilizing effect on neighbor- b.Independent Group living g hoods if not carefully designed and may prohibit certain aspects built to a density appropriate to the Rooming houses of a use or impose condi- ( 7 neighborhood context;and c. Fraternal Group Living tions or restrictions to miti- AI ) WHEREAS, it is appropriate to Fraternities; sororities; gate any incompatibilities. w / adopt residential density standards monasteries; convents; These conditions or restric- and and bicycle parking standards for rooming house coopera- lions may include, but are v Group Living Uses that are similar tives. not limited to, additional to multi-family uses; C. Amend Table 2B-1, Principal screening, landscaping, Legal t -rk WHEREAS, due to the unique Uses Allowed in Multi-Family pedestrian facilities, set- nature of fraternal group living uses Residential Zones, to indicate backs, location and design in that there are regular group that Fraternal Group Living Uses of parking facilities,location Subscribed and sworn to activities and events that may be are allowed only by Special and design of buildings, disruptive to other residential Uses Exception (S) rather than as a establishment of a facilities before me this,..93r0 day of in the surrounding neighborhood,it Provisional Use(PR)in the RNS- management plan,and sim- is appropriate for these types of 20 Zone. liar. uses to be more carefully consid- D.Delete paragraphs 14-4B-4A-9 E.Amend Table 5A-2,to indicate AD,20 N �,. eyed on a case by case basis by and 14-4B-4A-10,and substitute that the bicycle parking require- the in lieu thereof: ment for Independent Group the Board of Adjustment; u -.- I Living Uses and Fraternal Group WHEREAS,rooming house coop- 9.Independent Group Living 9 p eratives, if formally organized as a The maximum density and max- Living Uses is 50%. non-profit entity where there Is a imum occupancy standards for SECTION II. REPEALER, All formalized relationship between an Independent Group Living ordinances and parts of ordinances Notar Public the members, and whose primary Use are as follows.Both density in conflict with the provisions of LINDA KROT2 mission is to provide a cooperative and occupancy limitations apply this Ordinance are hereby repealed. ��4 living environment with shared in all cases. SECTION III. SEVERABILITY. If '9 i Commission Number 732619' responsibility for the quality of life a. Maximum Density any section,provision or part of the • my Commission.ExPires within the rooming house, would (1) In the RM-20 Zone: 1 Ordinance shall be adjudged to be more appropriately be categorized roomer per 900 square feet invalid or unconstitutional, such o. January 2t,2011— as "fraternal group living" rather of lot area. adjudication shall not affect the than "independent group living"; (2) In the RM-44 and PRM validity of the Ordinance as a whole and Zones: 1 roomer per 500 or any section, provision or part WHEREAS, the.Planning and square feet of lot area. thereof not adjudged invalid or Zoning Commission has reviewed b.Maximum Occupancy unconstitutional this ordinance and recommended 1 roomer per 300 square SECTION IV. EFFECTIVE DATE. approval. feet of floor area within the This Ordinance shall be in effect NOW, THEREFORE, BE IT Independent Group Living after its final passage,approval and ORDAINED BY THE CITY Use. publication,as provided by law. COUNCIL OF THE CITY OF IOWA c. Facilities Passed and approved this 14th CITY,IOWA: The Group Living Use must day of May,2013. SECTION l• The Code of have bath and toilet facili- s/Matthew J.Hayek,Mayor Ordinances of the City of Iowa City, ties available for use by Attest:s/Marian K.Karr,City Clerk Iowa is hereby amended as fol- roomers in such numbers lows: as specified in Title 17, PO-0000021852 May 23,2013 A.Add the following definition to Building and Housing. In Article 14-9A,General Definitions: addition, the occupants Rooming House Cooperative: shall have access to kitchen A Fraternal Group Living Use that facilities,a dining room,and is organized as a non-profit entity other shared living spaces and that is an active member of and common facilities valet- North American Students of ed to the use. Cooperation (NASCO) or one of 10.Fraternal Group Living its affiliates, whose primary mis- The maximum density and sion is to provide a cooperative maximum occupancy sten- living environment for its mem- dards for a Fraternal Group bers. Said use is governed by a Living Use are as follows.Both board that is democratically density and occupancy limita- elected by members of the coop- tions apply in all cases. 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. 13-4527, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Julie e K. Voparil p Deputy City Clerk SECTION VI. EFFECTIVE DATE. OFFICIAL PUBLICATION This Ordinance shall be in effect ORDINANCE NO.13-4527 after its final passage,approval and ORDINANCE REZONING publication,as provided by law. Printer's Fee$ 3 3 .440- APPROXIMATELY.78 ACRES Passed and approved this 14th LOCATED AT 1105 GILBERT day of May,2013. COURT FROM NEIGHBORHOOD s/Matthew J.Hayek,Mayor CERTIFICATE OF PUBLICATION COMMERCIAL TO INTENSIVE (NSIVE Attest:s/Marian K.Karr,City Clerk 00006) PC.6000021954 May 23,2013 STATE OF IOWA, WHEREAS, the applicant, the Crisis Center of Johnson County, has requested a rezoning of prop- JOHNSON COUNTY,SS: erty located at 1105 Gilbert Court from Neighborhood Public(P-1)to Intensive Commercial(CI-1);and THE IOWA CITY PRESS-CITIZEN WHEREAS, the Central District Plan future land-use map indicates that this area is appropriate for FED.ID#42-0330670 Intensive Commercial uses;and WHEREAS, the Comprehensive Plan generally encourages support I, GkEQ .]��qr rte„ for human services programs in accessible locations, the use of existing facilities to provide coordi- nated neighborhood services, and being duly sworn,say that I am the City to provide appropriate planning and coordination of the legal clerk of the IOWA CITY human services programs;and P WHEREAS, the rezoning would RESS-CITIZEN,a newspaper allow the applicant to use the sub- ject property as part of a collabora- published in said county,and tive human services campus with other human service providers in that a notice,a printed copy of the area and help thgse groups to pool resources and improve ser- which is hereto attached,was vice;and WHEREAS, the Planning and published in said paper Zoning Commission has reviewed the proposed rezoning and recom- time(s),on the following date(s): mended approval of the applica- tion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY A A^? )- ) D i COUNCIL OF THE CITY OF IOWA CITY,IOWA: / �� �`I SECTION I APPROVAL. Property � / described below is hereby reclassi- fied from its current zoning desig- nation of P-1 to CI-1: Legal Cle 41 LEGAL DESCRIPTION LOT 1, THE NORTH 50 FEET OF LOT 2 AND INCLUDING THE Subscribed and sworn to SOUTH 35 FEET IF LAND EAST OF THE RAILROAD. ROW before me this 0-3•t.day of DESCRIPTION IN SURVEY BOOK A.D.20 /3 • ADDITION,D IOWA PAGE 139, HIGHLAND PARK ADDITION,IOWA CITY,JOHNSON COUNTY,IOWA. —••--,/t ‹- SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Notary Pub 11C Iowa, to conform to this amend- ment upon the final passage, .9 i+i LINDA KROTZ approval and publication of this Commission Number 732619 ordinance by law. ir 7''' My Com AND mission Expires AN REOCORDING,Upon passage ow• January 27,2014 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. • 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. 13-4528, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Julie . Voparil Deputy City Clerk OFFICIAL PUBLICATION N74°02'03"E, ALONG SAID LINE, ORDINANCE NO.13-4528 182.40 FEET; THENCE WHEREAS, the Owner acknowl- ORDINANCE CONDITIONALLY S00°46'27"W, 43.73 FEET; edges that certain conditions and REZONING 2.12 ACRES THENCE SOO°14'58"W, ALONG restrictions are reasonable to Printer's Fee$ ) -1. ? LOCATED SOUTH OF HIGHWAY THE WESTERLY LINE OF THE ensure the development of the 1 WEST, EAST OF RUPPERT PLAT OF SURVEY, RECORDED IN property is consistent with the ROAD FROM INTENSIVE BOOK 14, PAGE 59, OF THE Comprehensive Plan and the need COMMERCIAL (CI-1) TO RECORDS OF THE JOHNSON for infrastructure improvements; CERTIFICATE OF PUBLICATION COMMUNITY COMMERCIAL COUNTY RECORDER'S OFFICE, and (CC-2).(REZ13-00007) TO A POINT ON THE NORTH LINE WHEREAS, the Owner agrees to WHEREAS, the applicant, the OF LOT 16, OF SAID NORTH develop this property in accor- STATE OF IOWA, Rose Company, has requested AIRPORT DEVELOPMENT; dance with the terms and condi- rezoning property located south of THENCE S89°48'19"W, ALONG tions of a Conditional Zoning Highway 1 West, east of Ruppert SAID NORTH LINE,2.18 FEET,TO Agreement. JOHNSON COUNTY,SS: Road from Intensive Commercial THE SAID POINT OF BEGINNING. NOW, THEREFORE, in consider- (CI-1) to Community Commercial SECTION II. ZONING MAP. The ation of the mutual promises con- (CC-2);and building official is hereby autho- tained herein,the parties agree as THE IOWA CITY PRESS-CITIZEN WHEREAS, the South Central rized and directed to change the follows: • District Plan future land-use map zoning map of the City of Iowa City, 1.BFDJ Holdings LLC is the legal indicates that this area is appropri- Iowa, to conform to this amend- title holder of the property legally FED.ID#42-0330670 ate for retail or community com- ment upon the final passage, described as: mercial uses;and approval and publication of the A PORTION OF THE NORTHWEST WHEREAS, the City is currently ordinance as approved by law. QUARTER OF THE SOUTHEAST I Roc ER. �&A 1 Z-- installing a sidewalk and trail sys- SECTION III. CONDITIONAL QUARTER OF SECTION 16, ' tem on the north side of Highway 1; ZONING AGREEMENT.The mayor TOWNSHIP 79 NORTH, RANGE 6 and is hereby authorized and directed WEST, OF THE FIFTH PRINCIPAL WHEREAS, the Planning and to sign, and the City Clerk attest, MERIDIAN,IOWA CITY,JOHNSON being duly sworn,say that I am Zoning Commission has the the Conditional Zoning Agreement COUNTY, IOWA, DESCRIBED AS reviewed the proposed rezoning between the property owner(s)and FOLLOWS: the legal clerk of the IOWA CITY p p g the City,and determined that it complies y, following passage and BEGINNING AT THE NORTHEAST OF .LOT 17, NORTH PRESS-CITIZEN,a newspaper with dh that it that it conditions approval SCTION this IV.O CERTIFICATION AIRPORT DEVELOPMENT, AS addressing the need to ensure safe RECORDED IN BOOK 43, PAGE published in said county,and pedestria access to this property AND RECORDING. Upon passage 182, OF THE RECORDS OF THE and approval of the Ordinance,the JOHNSON COUNTY RECORDER'S that a notice,a printed copy of and the provision of adequate side City Clerk is hereby authorized and OFFICE; THENCE S89°48'19"W, walks along the subject property's directed to certify a copy of this ALONG THE NORTH LINE OF which is hereto attached,was time the sidewalk and trail system system ordinance,and record the same in SAID LOT 17, A DISTANCE OF published in said paper network. the Office of the County Recorder, 200.74 FEET, TO A POINT ON WHEREAS, Iowa Code §414.5 Johnson County, Iowa, at the EASTERLY RIGHT OF WAY LINE time(s),on the following date(s): (2011) provides that the City le of Owner's ssage,a approval and opublcatlon N00°40 33EE, ALONG SAID Iowa City may impose reasonable of this ordinance, as provided by EASTERLY LINE,423.19 FEET,TO conditions on granting an appli- law. A POINT ON THE SOUTHERLY cant's rezoning request, over and SECTION V.REPEALER.All ordi- RIGHT OF WAY LINE OF U.S. Ad t .....00 above existing regulations,in order nances and parts of ordinances in HIGHWAY NO. 1; THENCE _7 to satisfy public needs caused by conflict with the provisions of this N74°04'08"E, ALONG SAID ♦ cant have agreed that the property y the requested change;and Ordinance are hereby repealed. SOUTHERLY LINE, 26.06 FEET; .� WHEREAS,the owner and appli SECTION VI. SEVERABILITY. If THENCE N00°13'13"E, ALONG shall be developed in accordance any section,provision or part of the SAID LINE, 9.38 FEET; THENCE with the terms and conditions of Ordinance shall be adjudged to be N74°02'03"E, ALONG SAID LINE, Legal rk invalid or unconstitutional, such 182.40 FEET; THENCE the Conditional Zoning Agreement adjudication shall not affect the S00°46'27"W, 43.73 FEET; attached hereto to ensure appro validity of the Ordinance as a whole THENCE S00°14'58"W, ALONG Subscribed and sworn to the ci developme nt in this area of or any section, provision or part THE WESTERLY LINE OF THE the city. thereof not adjudged invalid or PLAT OF SURVEY, RECORDED IN before me this �3,Ipday of NOW, THEREFORE, BE IT unconstitutional. CITY BOOK 14, PAGE 59, OF THE ORDAINED BY THE SECTION VII. EFFECTIVE DATE. RECORDS OF THE JOHNSON tj A.D.20 3 COUNCIL OF THE CITY OF IOWA A This Ordinance shall be in effect COUNTY RECORDER'S OFFICE, CITY,IOWA: after its final passage,approval and TO A POINT ON THE NORTH LINE SECTION I APPROVAL. Property publication,as provided by law. OF LOT 16, OF SAID NORTH —I!``1 —�± fled riom below is t zoning g desig- Passed and approved this 14th Pied from its current zoning desig- pp AIRPORT DEVELOPMENT; nation of CI-1 to CC-2, subject to day of May,2013. the terms of the Conditional Zoning s/Matthew J.Hayek,Mayor THENCE S89°48'19"W, ALONG Notary Public Agreement, attached hereto and Attest:s/Marian K.Karr,City Clerk SAID NORTH LINE,2.18 FEET,TO THE SAID POINT OF BEGINNING. incorporated herein by this refer- CONDITIONAL ZONING 2. The Owner acknowledges s that I �'���a LINDA KROTZ incorporated g 1Commission Number 732619 LEGAL DESCRIPTION AGREEMENT the City wishes to ensure con-a THIS AGREEMENT is made con- formance to the principles of the : �. A PORTION OF THE NORTHWEST p p My Commission E7tplfe5 between the City of Iowa City, Comprehensive Plan and the January 27,2014 QUARTER OF THE SOUTHEAST Iowa, a municipal corporation South Central district plan. QUARTER OF SECTION 16, (hereinafter "City"), and BFDJ Further, the parties acknowl- WEST, THE NORTH, RANGE 6 Holdings LLC(hereinafter"Owner"). edge that Iowa Code §414.5 MERE, AN THE FIFTH PRINCIPAL WHEREAS, Owner is the legal (2013)provides that the Ci of COUNTY, I IOWA CITY, BED JOHNSON title holder of approximately 2.12 Iowa Ci ma COUNTY, IOWA, DESCRIBED AS y tY y impose reason- FOLLOWS: acres of property located South of able conditions on granting an BEGINNING AT THE NORTHEAST Highway 1 West, east of Ruppert applicant's rezoning request, CORNER OF LOT 17, NORTH Road;and over and above the existing AIRPORT DEVELOPMENT, AS WHEREAS, the Owner has regulations, in order to satisfy RECORDED IN BOOK 43, PAGE requested the rezoning of said public needs caused by the 182, OF THE RECORDS OF THE property from Intensive Commercial requested change. JOHNSON COUNTY RECORDER'S (CI-1) to Community Commercial 3. In consideration of the City's OFFICE; THENCE S89°48'19"W, (CC-2)zone;and rezoning the subject property, ALONG THE NORTH LINE OF WHEREAS, the Planning and Owner and Applicant agree that SAID LOT 17, A DISTANCE OF Zoning Commission has deter- development of the subject 200.74 FEET, TO A POINT ON mined that,with appropriate condi- property will conform to all other EASTERLY RIGHT OF WAY LINE tions regarding the provision of requirements of the zoning OF RUPPERT ROAD; THENCE sidewalks along the property's chapter,as well as the following N00°40'33"E, ALONG SAID frontage with Ruppert Road and conditions: EASTERLY LINE,423.19 FEET,TO Highway 1,the requested zoning is a. Ruppert Road sidewalk: To A POINT ON THE SOUTHERLY consistent with the Comprehensive ensure safe pedestrian access RIGHT OF WAY LINE OF U.S. Plan;and to the subject property, con- HIGHWAY NO. 1; THENCE WHEREAS, Iowa Code §414.5 struction of a five foot wide N74°04'08"E, ALONG SAID (2013) provides that the City of sidewalk built to City stan- SOUTHERLY LINE, 26.06 FEET; Iowa City may impose reasonable dards along the property's THENCE N00°13'13"E, ALONG conditions on granting an appli- frontage with Ruppert Road, SAID LINE, 9.38 FEET; THENCE cant's rezoning request, over and with a connection to the inter- above existing regulations,in order to satisfy public needs caused by the requested change;and section with Highway 1 West and curb ramps at the inter- section. These sidewalk improvements will be installed prior to an occupancy permit being issued for any new building on the property. b. Highway 1 sidewalk: In lieu of constructing a sidewalk along Owner's Highway 1 frontage, Owner shall pay $9,228.75, the estimated cost to install of a five(5)foot wide sidewalk along said frontage. The City shall hold this money in escrow and used at such time as the City shall elect to install a sidewalk in this loca- tion. This payment shall be made prior to an occupancy permit being issued for any new building on the property. In the event that the City elects to install a wider sidewalk,the City shall be responsible for the cost of such overwidth. Owner shall have no further financial obligation in this regard. 4. The Owner, Applicant and City acknowledge that the condi- tions contained herein are rea- sonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the request- ed zoning change. • 5. The Owner, Applicant and City acknowledge that in the event the subject property is trans- ferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms bf 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 suc- cessors, 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 com- plying with all other applicable local, state, and federal regula- tions. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezon- ing the subject property, and that upon adoption and publica- tion of the ordinance,this agree- ment shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 14th day of May,2013. CITY OF IOWA CITY s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr BFDJ HOLDINGS,L.L.C. By:s/Fred C.Rose Manager PC-AT130516_16435O May 23,2013 - ENG Aar. III 71411 con qr. 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. 13-4529, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. \\ Julie- . Voparil Deputy City Clerk Julie Voparil From: Sara Greenwood Hektoen Sent: Thursday, May 23, 2013 10:00 AM To: Julie Voparil Subject: RE: Casey's ordinance publication I think it's fine, Julie. That's irritating though! No need to republish, but we should definite get the publication for free in my humble opinion. From: Julie Voparil Sent: Thursday, May 23, 2013 9:27 AM To: Sara Greenwood Hektoen Subject: Casey's ordinance publication Reference: Ord. 13-4529 in today's newspaper They left the drawing out on the fencing detail. Does the whole ordinance need to be republished including page left out? (I talked to Sarah H. re.this this morning; she was going to mention to you.) The fencing detail was sent to the P.C. It just didn't make the newspaper. The other 4 drawings did. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5040 x. 13— 4 `*-\ 1 S•\klico OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.13-4529 AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE(CO-1)ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT Printer's Fee$ Gg9.443 FOR APPROXIMATELY 2.31-ACRES OF PROPERTY CURRENTLY ZONED CC-2 AND CO-1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6.(REZ13- 00005) CERTIFICATE OF PUBLICATION WHEREAS,the applicant,Casey's General Stores,Inc.,has requested a rezoning of property located approxi- mately 160 feet east of the intersection of Broadway Street and Highway 6 from Commercial Office(CO-1)to Community Commercial(CC-2)zoning;and STATE OF IOWA, WHEREAS, on March 20, 2007, the City Council approved Ordinance Number 07-4225, which included a Conditional Zoning Agreement with requirements addressing the need for an appropriate transition and buffer from CC-2 zoning to residential development;and WHEREAS,the applicant has requested modifications to the requirements to the Conditional Zoning Agreement; JOHNSON COUNTY,SS: 'and WHEREAS, the Comprehensive Plan indicates that commercial uses should be located along major arterial streets;and THE IOWA CITY PRESS-CITIZEN WHEREAS,the South District Plan future land-use map has been amended to depict the subject area as appro- priate for General Commercial uses;and WHEREAS, the Planning and Zoning Commission has reviewed the modifications to the Conditional Zoning FED.ID#42-0330670 Agreement and the proposed rezoning and determined that the request complies with the Comprehensive Plan provided that it meets conditions addressing the need to achieve compatibility with adjacent residential properties; and 1, fo6K S'��T'L WHEREAS,Iowa Code§414.5(2013)provides that the City of Iowa City may impose reasonable conditions on 1 granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change;and being duly sworn,say that I am WHEREAS,the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in the legal clerk of the IOWA CITY this area of the city. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: PRESS-CITIZEN,a newspaper SECTION I APPROVAL.Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from CO-1 to CC-2: published in said county,and LEGAL DESCRIPTION:(CO-1 ZONING AREA) A part of Lot 1,Block 2,Braverman Center,Iowa City,Iowa described as follows: that a notice,a printed copy of Beginning at the Southeast corner of said Lot 1; THENCE North 69°30'29"West,along the south line of said Lot 1 ,a distance of 285.51 feet; which is hereto attached,was THENCE North 22°06'41"East a distance of 244.48 feet to a point on the south R.O.W.line of Hwy#6; THENCE along a curve,said curve also being the south R.O.W. line of Hwy#6,to the left having a radius of published in said paper / 3,105.00 feet,a delta of 00°54'10",an arc length of 48.92 feet,and a chord which bears South 68°16'27"East • having a chord distance of 48.92-feet; time(s),on the following date(s): THENCE continuing along a curve to the left,sadi curve also being the south R.O.W. line of Hwy#6, having a radius of 3,105.00 feet, a delta of 02°35'46", an arc length of 140.69 feet, and a chord which bears South 70°13'40"East having a chord distance of 140.68 feet; I M PeY 22)l t 3 THENCE South 00°31'48"West a distance of 260.77 feet to the POINT OF BEGINNING,containing 1.3 acres of land,more or less. ! SECTION II APPROVAL.The Conditional Zoning Agreement approved on March 20,2007 is hereby replaced by rr � the Conditional Zoning Agreement attached hereto and incorporated herein, and it shall apply to the property /. / described below: LEGAL DESCRIPTION FOR CONDITIONAL ZONING AGREEMENT A portion of Lot 1,Block 2,Braverman Center,Iowa City,Iowa,as recorded in Book 7-Page 20,Johnson County Legal C1.4 Recorder's Office,and a portion of the vacated Hollywood Blvd.R.O.W.as described in Book 346,Page 406,and a portion of the vacated Hollywood Blvd.R.O.W.as described in Book 1070,Page 12,more particularly described as follows: Subscribed and sworn to Commencing at the NW corner of Section 23,T.79 N.,R.6 W.,of the 5th PM.;thence S 89°52'40"E-661.9 feet; thence S 0°26'20"W 377.2 feet to a /z pipe marking the NE corner of tracts recorded in Plat Book 7-Page 9 b are me this +�'3�da of and Plat Book 7,Page 20; Thence Northwesterly 140.94 feet along the south R.O.W.line of Highway 6 along a y 3015 foot radius curve concave northerly to a 5/8" rebar marking the Point of Beginning of the parcel herein A.D.20__/_3_. described; Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68°18'07"W to the end of curvature;Thence N67°56'W 161.30 feet along said South R.O.W.line to a 5/8"rebar;Thence Southwesterly � ,�� -23.56 feet along a 15 foot radius curve concave southeasterly which chord bears S 67°04'W 21.21 feet to a 5/8" rebar on the easterly R.O.W.line of Broadway Street;Thence S 22°04'W 60.00 feet along said R.O.W.line to a 5/8" rebar marking the beginning of curvature;Thence Southwesterly 77.83 feet along said R.O.W.line along a 473.27 foot radius curve concave easterly with central angle of 9°25'20"to a 5/8"rebar;Thence S 69°33'40"E 117.00 Notar . ' • - feet to a 5/8"rebar;Thence N 22°07'42"E-3.00 feet to a 5/8"rebar; Thence S 69°33'40"E 109.60 feet to a 5/8" rebar;Thence N 22°01'42"E 143.41 feet to the Point of Beginning; LINDA KROT �19 Except:That part of Lot 1,and that part of the vacated Hollywood Boulevard right-of-way all located in Block 2, yx'at N Canm1 dumber Braverman Center, Iowa City, Iowa described as follows: Commencing as point of reference at the Southwest CO'°1' S• Expjre5 corner of said Lot 1;thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly / 2� 2014 right-of-way line of Broadway Street and along the arc of a 473.27 foot curve concave r► JaflUafY_ Easterly(chord bearing North 6°34'44"East 100.0 feet(assumed bearing for this description only))to the point of -- beginning;thence continuing 77.8 feet along the Easterly right-of-way line of said Broadway Street and along said 473.27 foot radius curve(chord bearing North 17°21'20" East 77.7 feet)to a point of tangency;thence North 22°04'East 60.0 feet along said Easterly right-of-way line to a point of curvature;thence northeasterly 23.6 feet along said Easterly right-of-way line and along the arc of a 15.0 foot radius curve concave Southeasterly(chord bearing North 67°04'East 21.2 feet)to a point of intersection with the Southerly right-of-way line of U.S.Highway No.6;thence South 40°00'West 24.0 feet;thence South 29°15'West 20.0 feet;thence South 17°30'West 38.0 feet;thence South 20°00'West 56.0 feet;thence South 12°15'West 16.0 feet;thence North 89°33'40"West 6.5 feet to the point of beginning and containing 1,117 square feet more or less. And:A parcel of land in Lot 1,Block 2,Braverman Center,Iowa City,Iowa,according to the plat thereof recorded in Book 7,Page 20, Plat Records of Johnson County Iowa,and a portion of vacated right of way of Hollywood Boulevard as more particularly described as follows: Commencing at the northwest corner of Section 23,Township 79 North,Range 8 West of the 5th P.M.;thence S 89°52'40"E 661.9 feet;thence S 0°26'20"W 377.2 feet to the point of beginning,said point being the northeast corner of tracts recorded in Plat Book 7,Page 9 and Plat Book 7,Page 20;thence S 0°26'20"W,260.72 feet along the east line of said tract to the southeast corner of said Lot 1;thence N 69°33'40"W 436.31 feet along the south line of said Lot 1 to the southwest corner thereof and the east right of way line of Broadway Street;thence north- easterly along said Broadway Street right of way 100.20 feet along a 473.27 foot radius curve concave southeast- erly with central angle of 12°07'50",thence S 69°33'40"E 117.00 feet,thence N 22°01'42"E 3.00 feet,thence S 69°33'40"E 109.60 feet,thence N 22°01'42"E 143.41 feet to the south right of way line of Highway#6;thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve concave northerly to the point of beginning. Except:That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southwest corner of said Lot 1;thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right-o-way line of Broadway Street and along the arc of a 473.27 foot curve concave Easterly(chord bearing North 6°34'44"East 100.0 feet(assumed bearing for this description only);thence South 69°33'40"East 6.5 feet;thence South 8°35'West 55.0 feet;thence South 3°32'West 45.2 feet to a point of intersection with the South line of said Lot 1,thence North 69°33'34"West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And:Auditor's Parcel No.2007045,Iowa City,Johnson County,Iowa in accordance with the Plat thereof recorded in Plat Book 52.of Paae 142,in the Records of the Johnson County Recorder's Office. SECTION III.ZONING MAR.The building official is hereby authorized and directed to change the zoning map of the City of Iowa City,Iowa,to conform to this amendment upon the final passage,approval and publication of the ordinance as approved by law. SECTION IV.CONDITIONAL ZONING AGREEMENT.The mayor is hereby authorized and directed to sign,and the City Clerk to attest,the Conditional Zoning Agreement between the property owner(s)and the City,following passage and approval of this Ordinance. SECTION V.CERTIFICATION AND RECORDING.Upon passage and approval of the Ordinance,the City Clerk is hereby authorized and directed to certify a copy of this ordinance,and record the same in the Office of the County Recorder,Johnson County,Iowa,at the Owner's expense,upon the final passage,approval and publication of this ordinance,as provided by law. SECTION VI.REPEALER.All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII.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 VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,approval and publica- tion,as provided by law. Passed and approved this 14th day of May,2013. 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 Nordy's LLC(hereinafter"Owner")and Casey's General Stores Inc.(hereinafter"Applicant"). WHEREAS,Owner is the legal title holder of approximately 2.3 acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6;and WHEREAS, the Owner and Applicant have requested the rezoning of approximately 1.3 acres of property located approximately 160 feet east of the intersection of Broadway Street and Highway 6 from Commercial Office (CO-1)to Community Commercial(CC-2);and WHEREAS,on March 20,2007,the City Council approved Ordinance Number 07-4225 rezoning approximately 1 acre of property located at the southeast corner of the intersection of Broadway Street and Highway 6 from CO-1 to CC-2 subject to a Conditional Zoning Agreement with requirements addressing the need for an appropriate transition and buffer from CC-2 zoning to residential development;and WHEREAS, the Owner and Applicant have requested modifications to the requirements of the existing Conditional Zoning Agreement to allow an alternative design for the landscaping and fencing requirements;and WHEREAS,the Planning and Zoning Commission has reviewed the proposed rezoning and modifications to the previously approved Conditional Zoning Agreement and determined that the rezoning complies with the Comprehensive Plan provided that it meets conditions addressing the need to achieve compatibility with adjacent residential properties;and WHEREAS,Iowa Code§414.5(2013)provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change;and WHEREAS,the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to minimize and mitigate the impact of commercial development on nearby residential uses;and WHEREAS,the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning/'Agreement. NOW,THEREFORE,in consideration of the mutual promises contained herein,the parties agree as follows: 1.Nordy's,LLC is the legal title holder of the property legally described as: A portion of Lot 1,Block 2,Braverman Center,Iowa City,Iowa,as recorded in Book 7-Page 20, Johnson County Recorder's Office,and a portion of the vacated Hollywood Blvd. R.O.W.as described in Book 346,Page 406,and a portion of the vacated Hollywood Blvd.R.O.W.as described in Book 1070,Page 12,more particularly described as follows: Commencing at the NW corner of Section 23,T.79 N.,R.6 W.,of the 5th P.M.;thence S 89°52'40"E-661.9 feet; thence S 0°26'20"W 377.2 feet to a%"pipe marking the NE corner of tracts recorded in Plat Book 7-Page 9 and Plat Book 7, Page 20;Thence Northwesterly 140.94 feet along the south R.O.W.line of Highway 6 along a 3015 foot radius curve concave northerly to a 5/8" rebar marking the Point of Beginning of the parcel herein described;Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68°18'07"W to the end of curvature;Thence N67°56'W 161.30 feet along said South R.O.W. line to a 5/8" rebar; Thence Southwesterly-23.56 feet along a 15 foot radius curve concave southeasterly which chord bears S 67°04'W 21.21 feet to a 5/8"rebar on the easterly R.O.W.line of Broadway Street;Thence S 22°04'W 60.00 feet along said R.O.W. line to a 5/8"rebar marking the beginning of curvature;Thence Southwesterly 77.83 feet along said R.O.W.line along a 473.27 foot radius curve concave easterly with central angle of 9°25'20" to a 5/8" rebar; Thence S 69°33'40"E 117.00 feet to a 5/8"rebar;Thence N 22°07'42"E-3.00 feet to a 5/8"rebar;Thence S 69°33'40"E 109.60 feet to a 5/8"rebar;Thence N 22°01'42"E 143.41 feet,to the Point of Beginning; Except:That part of Lot 1,and that part of the vacated Hollywood Boulevard right-of-way all located in Block 2, Braverman Center, Iowa City, Iowa described as follows: Commencing as point of reference at the Southwest corner of said Lot 1;thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right-of-way line of Broadway Street and along the arc of a 473.27 foot.curve concave Easterly(chord bearing North 6°34'44"East 100.0 feet(assumed bearing for this description only"to the point of beginning;thence con- tinuing 77.8 feet along the Easterly right-of-way line of said Broadway Street and along said 473.27 foot radius mom- t3 -`-FS4c-N . -4 . (c. P curve(chord bearing North 17°21'20"East 77.7 feet)to a point of tangency;thence North 22°04'East 60.0 feet \\ along said Easterly right-of-way line to a point of curvature;thence northeasterly 23.6 feet along said Easterly V right-of-way line and along the arc of a 15.0 foot radius curve concave Southeasterly(chord bearing North 67°04' East 21.2 feet)to a point of intersection with the Southerly right-of-way line of U.S.Highway No.6;thence South 40°00'West 24.0 feet;thence South 29°15'West 20.0 feet;thence South 17°30'West 38.0 feet;thence South 20°00'West 56.0 feet;thence South 12'15'West 16.0 feet;thence North 89'33'40"West 6.5 feet to the point of beginning and containing 1,117 square feet more or less. And:A parcel of land in Lot 1,Block 2,Braverman Center,Iowa City,Iowa,according to the plat thereof recorded in Book 7,Page 20, Plat Records of Johnson County Iowa,and a portion of vacated right of way of Hollywood Boulevard as more particularly described as follows: Commencing at the northwest corner of Section 23,Township 79 North,Range 8 West of the 5th P.M.;thence S 89'52'40"E 661.9 feet;thence S 0'26'20"W 377.2 feet to the point of beginning,said point being the northeast corner of tracts recorded in Plat Book 7,Page 9 and Plat Book 7,Page 20;thence S 0'26'20"W,260.72 feet along the east line of said tract to the southeast corner of said Lot 1;thence N 69'33'40"W 436.31 feet along the south line of said Lot 1 to the southwest corner thereof and the east right of way line of Broadway Street;thence north- easterly along said Broadway Street right of way 100.20 feet along a 473.27 foot radius curve concave southeast- erly with central angle of 12'07'50",thence S 69'33'40"E 117.00 feet,thence N 22'01'42"E 3.00 feet,thence S 69'33'40" E 109.60 feet,thence N 22'01'42" E 143.41 feet to the south right of way line of Highway 6;thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve concave northerly to the point of beginning. Except:That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southwest corner of said Lot 1;thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right-o-way line of Broadway Street and along the arc of a 473.27 foot curve concave Easterly(chord bearing North 6'34'44"East 100.0 feet(assumed bearing for this description only);thence South 69'33'40"East 6.5 feet;thence South 8'35'West 55.0 feet;thence South 3°32'West 45.2 feet to a point of intersection with the South line of said La!1,thence North 69°33'34"West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And:Auditor's Parcel No.2007045,Iowa City,Johnson County,Iowa in accordance with the Plat thereof recorded in Plat Book 52,of Page 142,in the Records of the Johnson County Recorder's Office. 2.The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South District plan. Further, the parties acknowledge that Iowa Code§414.5 (2013)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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter,as well as the following condi- tions: a.The development of the property will substantially conform to the site plan attached hereto and by reference made part of this agreement.Any significant changes from this site plan will require approval of the Design Review Committee. b.The development of the buildings and structures including canopies will be of a quality design appropriate for property abutting a residential neighborhood by including features such as stone and/or masonry mate- rials,and muted colors and will substantially conform to the building elevations and plans attached hereto and by reference made part of this agreement. Any significant changes from these designs will require approval of the Design Review Committee. c.The measurement from grade to the bottom of the canopy shall not exceed 15 feet.The overall height of the canopy shall not exceed 18'9"from grade to the top of the canopy except for signage that complies with the Sign Regulations.Under canopy lighting shall be flush mounted or recessed within the canopy so that the light source is not exposed. d.A Substantial buffer area of no less than 35 feet in width will be established along the southern and eastern property lines.This buffer must be screened to the S2 standard and include a decorative masonry and metal fence a minimum five(5)feet in height and deciduous over story trees to the north of the fence.Tree species, such as locust and pin oak,that provide a screening effect but also allow for visibility shall be used.The trees shall be properly pruned to assure that the bulk of the crown is located six feet above ground to help assure visibility.The fence shall be in substantial compliance with plan titled"Casey's General Store Fence Detail Iowa City"attached hereto and by reference made part of this agreement. e. Berms with plantings to be maintained at a height of between 2 feet and 2.5 feet above the berm will be installed to screen headlights as shown on the attached site plan. f.A landscaped setback of no less than 20 feet will be provided and maintained along Broadway Street. g.There will be a limit of one(1)free-standing sign located in the northwest corner of the property.There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h.Pedestrian lighting will be provided for the sidewalk connection to Hollywood Boulevard and the southeast corner of the property. i.Lighting will be installed.on the north side of the brick piers of the fence installed along the south property line. j.Business hours will be limited to between 5:00 am and 11 :00 pm, - 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(2013),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,rede- veloped,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 agree- ment shall inure to the benefit of and bind all successors,representatives,and assigns of the parties. 4: <,,.. 13 —Li-s- Y to Q 1- Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed J` `Q 7.The O Pp 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. 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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. 13-4530, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. Voparil Deputy City Clerk OFFICIAL PUBLICATION The required woodland area to be retained must include a buffer area case, alternative tree species will ORDINANCE NO.13-4530 that extends 50 feet outward from be considered by the City. ORDINANCE AMENDING TITLE the trunks of the trees to be pre- Amend 14-51-9D by deleting pare- Printer's Fee$ $le•3 9 14 OF THE ZONING CODE TO served, unless otherwise allowed graph 1, inserting the following MODIFY THE PROCESS FOR by paragraph 2 below. This buffer paragraphs, and renumbering the DELINEATING WOODLAND area is intended to protect the trees subsequent paragraphs accord- CERTIFICATE OF PUBLICATION BUFFERS AND COUNTING within the specified retention area. ingly: PRESERVED TREES AND Since trees within this buffer area Woodlands, groves, and existing WOODLANDS TOWARD ANY may be prone to damage during trees designated for protection STATE OF IOWA, TREE REPLACEMENT OR construction, they may not be according to the approved MITIGATION REQUIREMENTS. included when calculating the Sensitive Areas Site Development WHEREAS, the Sensitive Areas required retention area. Plan,shall be protected from con- JOHNSON COUNTY,SS: Ordinance currently specifies that Amend 14-51-9C by inserting new struction activity with durable fenc- woodland areas designated for paragraphs 2 and 3 as follows,and ing or other sturdy barrier approved protection must include a buffer renumbering the existing para- by the City.Said protective fencing THE IOWA CITY PRESS-CITIZEN area that extends 50 feet outward graphs accordingly: shall be placed a minimum of 5 feet from the trunks of the trees to be 2. Alternatively, a 50-foot buffer beyond the drip line of the tree or preserved;and area need not be provided if an on- trees to be preserved. Additional FED.ID#42-0330670 WHEREAS, this buffer area is site tree survey is completed and spacing of protective fencing from nten to protect the trees within the construction limit line is estab- the drip line(beyond the minimum the specified retention area;and lished at least five feet beyond the 5 feet)may be required if needed to I, go �J A6. , WHEREAS, since an undeter- drip line of trees to be preserve. protect the health of trees specified mined number of trees within the The tree survey must identify the for protection, as determined by designated 50-foot buffer would be species, size and location of trees the City Forester or designee.The bein dul sworn,sa that I am prone to damage during construc- betprotect d.Said the on-sine woodland tree sur- drip ould beld awn on soil around circle the g y y tion the trees within the 50-foot P the legal clerk of the IOWA CITY buffer are not counted toward the vey and a map delineating the drip a tree directly under the tips of its woodland retention requirement; line of the trees located near the outermost branches. The drip line PRESS-CITIZEN,a newspaper and construction limit line must be sub- encompasses the ground area WHEREAS, this buffer method of mitted to the City for verification by under the entire spread of the tree published in said count and delineating woodland retention P the City Forester or designee. canopy. y� areas is simpler and less time con- Additional spacing from the drip Measures must be taken to pro- that a notice,aprinted copy of suming for a developer than con- line (beyond the minimum 5 feet) tact and retain groves of trees, as ducting an on-the-ground tree sur- may be required if need to pro- defined in this Title, to the extent which is hereto attached,was vey;and tect the health of trees specified for practicable. WHEREAS,it makes it more diffi- protection, as determined by the Trees preserved within groves published in said paper I cult to get credit for preserving City Forester or designee. may be counted as replacement trees in narrower,linear woodlands 3.All efforts shall be made during trees, if it is determined that the time(s),on the following date(s): because trees within the 50-foot construction to protect the wood- required woodland retention ratio buffer are not currently included lands and groves designated for i on a site cannot be met as allowed when calculating the retention retention, including placement of to paragraph C r vesve.aresery t area;and durable fencing or other sturdy bar- trees within groves may count M � 1 WHEREAS, this zoning code rier along the designated construc- raward replacement trees at the amendment would give the devel- oper ratio of substitution stated in Table g tion limit line. � Mike oper the option to do a more Amend 14-51-9C-2 by deleting the 5E-2 within Article 14-5E, r�Tll�//�i� detailed on-site tree survey that existing paragraph, substituting in Landscaping and Tree Standards. • would delineate the drip line of the lieu thereof the following, renum- SECTION II. REPEALER. All ordi- trees and establish the construc- Bern it as nances and parts of ordinances in tion limit line in a location that will g renumbering paragraph 4, conflict with the provisions of this, Legal 11,0 k more clearly protect the trees they graphs accordingly:the subsequent para- more Ordinance are hereby repealed. Y P y graphs accordingly: have identified for retention, and 4. If the City determines that the any III. SEon or part of the If thus a 50-foot buffer would not be required woodland area cannot be Ordinance shall be adjudged to be Subscribed and sworn to necessary;and retained due to site constraints or before me this r}3vt�da of WHEREAS, the Planning and infrastructure requirements, invalid ti unconstitutional,hall not such y Zoning Commission has reviewed replacement trees must be planted. adjudication the Ordinance not as act the 412-, A.D. 20 /3 . this ordinance and recommended At the discretion of the City, validity of the Ordinance as a whole approval. replacement trees may also be or any section, provision or part NOW, THEREFORE, BE IT allowed in cases where woodlands thereof not adjudged invalid or / Ti ORDAINED BY THE CITY unconstitutional. —�L.�� COUNCIL OF THE CITY OF IOWA are determined to be of low quality, SECTION IV. EFFECTIVE DATE. such that planting replacement This Ordinance shall be in effect CITY,IOWA: trees would improve the health of a SECTION I. The Code of wooded area or create a new grove after its final as provided d by l al and Notary Public Ordinances of the City of Iowa City, or wooded area of higher quality. publication,ds prpro a by law. Iowa is hereby amended as fol- Passed and approved this 14th One tree must be planted for every �,.� LINDA KROTZ lows: day of May,2013. 200 square feet of woodland Amend 14-51-9B-1b by deleting removed from the otherwise Commission Number 732619 the existing paragraph and substi- Attest:s/Marian r Hayek,Karr,Mayor • My Commission Expires tuting in lieu thereof: required retention area. Existing Attest:s/Marian K.Karr,City Clerk • healthy trees(not located within the °w� January 27,2014 woodlands that are to be delineate all woodland) may be counted as PC-6000021950 May 23,2013 P replacement trees,at the discretion according to the Woodland of the City, based on the health, Retention and Replacement species, maturity, location, and Requirements in subsection C, likelihood of survival during and below and all groves that are to be after construction. Existing trees protected. The delineated wood- approved for preservation will lands must include the required count toward the required replace- buffer area or, alternatively, must ment trees at the ratio of substitu- delineate the drip line of trees to be tion stated in Table 5E-2 within retained as specified in subsection Article 14-5E, Landscaping and C,below. Tree Standards. Amend 14-5I-9B-1 by inserting a Amend 14-51-9C-6 (currently new subparagraph c as follows, 14-51-9C-4)by deleting the existing and renumbering the existing para- paragraph in its entirety and substi- graphs accordingly: tuting in lieu thereof: c.The total acreage of woodlands 6. Replacement trees must be must be listed on the Plan, along approved by the City, and to the with the percentage of woodlands extent possible, should be of the to be disturbed and the percentage same or equivalent species as the that will be retained. trees being removed, unless it is Amend 14-51-9C by deleting para- determined that the trees being graph 1 and replacing it with the removed are of a species that is following: considered low quality. In such a I •01147■16 so 14:13r 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. 13-4531, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. • i= - . Voparil Deputy City Clerk • c • 13-`-ts3\ S \ F-.. SI- Q . 'tom-,. • SECTION IV. CERTIFICATION OFFICIAL PUBLICATION AND RECORDING. Upon passage BOUNDARIES OF WHICH ARE and approval of the Ordinance,the DESCRIBED AS FOLLOWS:LOT 3 ORDINANCE NO.13-4531 City Clerk is hereby authorized and AND THE WEST 55 FEET OF LOT Printer's Fee$ I a a.1`S AN ORDINANCE directed to certify a copy of this 2, IN BLOCK 4 IN IOWA CITY, CONDITIONALLY REZONING ordinance,and record the same in IOWA,ACCORDING TO THE PLAT APPROXIMATELY 0.465 ACRES the Office of the County Recorder, THEREOF. CERTIFICATE OF PUBLICATION OF LAND FROM COMMERCIAL Johnson County, Iowa, at the The Owner acknowledges that the OFFICE(CO-1)TO HIGH Owner's expense, upon the final City wishes to ensure conformance DENSITY MULTI-FAMILY passage,approval and publication to the principles of the STATE OF IOWA RESIDENTIAL(RM-44)FOR of this ordinance, as provided by Comprehensive Plan and the PROPERTY LOCATED AT 821 E. law. • Central District Plan. Further, the JEFFERSON STREET.(REZ12- SECTION V. REPEALER. All ordi- Parties acknowledge that Iowa JOHNSON COUNTY,SS: WHEREAS, the applicant, Jeff nances and parts of ordinances in Code §414.5 (2011) provides that PP conflict with the provisions of this the City of Iowa City may impose Clark, has requested a rezoning of Ordinance are hereby repealed. reasonable conditions on granting property located at 821 E.Jefferson SECTION VI. SEVERABILITY. If an applicant's rezoning request, THE IOWA CITY PRESS-CITIZEN Street from Commercial Office g q any section,provision or part of the over and above the existing regula- (CO-1)to High Density Multi-Family Ordinance shall be adjudged to be tions, in order to satisfy public Residential(RM-44);and invalid or unconstitutional, such needs caused by the re uested FED.ID#42-0330670 WHEREAS, the Comprehensive change. q Plan,Central District Plan,contains adjudication shall not affect the 9 validity of the Ordinance as a whole In consideration of the City's ` ,�+ policies and a land use plan map to or any section, provision or part thereof not adjudged invalid or rezoning the subject property, I, Q (,tf 1 guide development within the older Owner and Applicant agree that centrally located neighborhoods; unconstitutional. development of the subject prop- and SECTION VII. EFFECTIVE DATE. Y will conform to being duly sworn,say that I am WHEREAS, the Comprehensive requirements of the zoning Plan, Central District Plan, has This Ordinance shall p in effect q g p the legal clerk of the IOWA CITY been amended to indicate that high after ca final as provided d by l al and as well as the of th following conditions: g g publication,as provided by law. That design of the building and density multi-family residential Passed and approved this 14th landscaping will be generally con- -PRESS-CITIZEN,a newspaper development is appropriate on this day of May,2013. sistent with the submitted draw- property;and s/Matthew J.Hayek,Mayor ings attached hereto and by refer- published in said county,and WHEREAS, the Planning and Attest:s/Marian K.Karr,City Clerk ence made part of this agreement. Zoning Commission has the CONDITIONAL ZONING that a notice,a printed copy of reviewed the proposed rezoning apartments pmae than 18 one-bedroom p Py and determined that it complies AGREEMENT bove shall be cproperty. on p THIS AGREEMENT is made the above described property. which is hereto attached,was with the amended Comprehensive between the City of Iowa City, The Owner, Applicant and City Plan provided that it meets condi- Iowa, a municipal corporation acknowledge that the conditions published in said paper_ I tions addressing the need for (hereinafter "City"), ontained herein are reasonable neighborhood stabilization and Y") end 821 time(s),on the following date(s): design compatibility;and "Owner") LLC (hereinafter conditions to impose on the land l �� g WHEREAS, Iowa Code §414.5 WHEREAS,Owner is the legal title and ethat wsaid ocond tions s2atisfy (2011) provides that the City of holder of approximately .46 acres public needs that are caused by MIowa City may impose reasonable of the requested zonin a' t yd I conditions on granting an appli- property located at 821 E. zoning change. g g Jefferson Street;and The Owner, Applicant and City If x cant's rezoning request, over and WHEREAS, the Owner has acknowledge that in the event the above existing regulations,in order requested the rezoning of said subject property is transferred, lb, �. ��- to satisfy public needs caused by sold, redeveloped, or subdivided, the requested change;and property from Commercial Office all redevelopment will conform with WHEREAS, the owner and appli- (CO-1) to High-Density Multi- the terms of this Conditional Legal ierk cant has agreed that the property Family Residential(RM-44)zone; Zoning Agreement. shall be developed in accordance WHEREAS, the Planning and The parties acknowledge that this with the terms and conditions of Zoning Commission has deter- Conditional Zoning Agreement the Conditional Zoning Agreement shall be deemed to be a covenant Subscribed and sworn to attached hereto to ensure appro- mined that,with appropriate condi- running with 1 /, priate development in this area of tions regarding design of the build- g th the land and with title before me this o)3rit day of ing and landscaping being consis- to the land,and shall remain in full the city. tent with the submitted drawings force and effect as a covenant with A.D. 20 /3 NOW, THEREFORE, BE IT showing 18 one-bedroom apart- title to the land, unless or until ORDAINED BY THE CITY ment units,the requested zoning is released of record by the City of COUNCIL OF THE CITY OF IOWA consistent with the Comprehensive Plan;and Iowa City. I CITY,IOWA: The parties further acknowledge SECTION I APPROVAL.Subject to WHEREAS, Iowa Code §414.5 that this agreement shall inure to the Conditional Zoning Agreement (2011) provides that the City of the benefit of and bind all succes- attached hereto and incorporated Iowa City may impose reasonable sors, representatives, and assigns Notary Public herein,property described below is of the hereby reclassified from its current conditions on granting an appli- parties. µ+� LINDA KROTZ cant's rezoning request, over and The Owner and Applicant zoning designation of Commercial above existing re acknowledge Commission Number 732619 Office(CO-1)to High Density Multi- 9 geeds caused in order g that nothing in this i to satisfy public needs caused by Conditional Zoning Agreement • ' My Commission Expires family Residential(RM-44): shall be construed to relieve the y A PORTION OF BLOCK 4, the requested change;and ow• January 27,2014 WHEREAS, the Owner acknowl- Owner or Applicant from complying ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE JOHNSON edges that certain conditions and with all other l regulations. applicable local, COUNTY RECORDER, THE restrictions are reasonable to state,and federal regulations. BOUNDARIES OF WHICH ARE ensure the development of the The parties agree that this DESCRIBED AS FOLLOWS:LOT 3 property is consistent with the Conditional Zoning Agreement B DES THE WEST 55 FEET LOT T LOT Comprehensive Plan and the need shall be incorporated by reference for neighborhood stabilization;and into the ordinance rezoning the 2, IN BLOCK 4 IN IOWA CITY, WHEREAS, the Owner agrees to subject property, IOWA,ACCORDING TO THE PLAT g P P rtY, and that upon THEREOF. develop this property in actor- adoption and publication of the dance with the terms and condi- ordinance,this agreement shall be SECTION II. ZONING MAP. The SECTION official is hereby autho- tions of a Conditional Zoning recorded in the Johnson County Agreement. Recorder's Office at the Applicant's rized and directed to change the NOW, THEREFORE, in consider- expense. zoning map of the City of Iowa City, ation of the mutual promises con- Iowa, to conform to this amend- tained herein,the parties agree as Dated this 14th day of May,2013. ment upon the final passage, follows: CITY OF IOWA CITY approval and publication of the 821 Jefferson LLC is the legal title s/Matthew J.Hayek,Mayor ordinance as approved by law. holder of the SECTION III. CONDITIONAL property legally Attest:s/Marian K Karr,City Clerk ZONING AGREEMENT.The mayor described O is hereby authorized and directed A PORTION OF BLOCK 4, By: JEFFERSON,L.L.C. to sign, and the City Clerk attest, ORIGINAL G T OF IOWA L T Owner s/Jeffrey M.Clark the Conditional Zoning Agreement ACCORDING OR THE PLAT Owner between the property owner(s)and THEREOF' RECORDED IN PLAT BOOK 1, PAGE 116 IN THE Po-B00002,959 .May 23,2013 the City, following passage and RECORDS OF THE JOHNSON approval of this Ordinance. COUNTY RECORDER, THE O^.dd . 3—�s 3' a ' a r- 71 I- I r ' ±:,I II IIII I1,I " Ilul IIII IIIII. I T - �I IMI I• y nn ml r��� = nFln . � noon lann nn un _'.—noon �#-.`. �� : --- I-- - .ate is ¢ .._ ' I s , III —ll noon 1I I.I. 1111 n11 II 1.,!I n41n1`#I nunni �I� .I Ii. 1111111n1 +I.II. 1111111 IIIV1'�InI1q�1H1- I. - 1 iimnll 11nnn -"■#1if on> w n yminlf Munn F o! 7•.t Ste- .4,1!x! ul ��■ �• 1 1111 ii: IIII ON jai [311•111A7 ,nllnnl� Illlllll;' 1 I — -- nni�l -11111 _Imnll I moon nnlnn minn !Hip I 11111/111 -111111111 I I I I n I I �I III n'�.I I I I'j 1 1 1 IIII III I r 1 k ' ' MCAT "'^t.Y._ 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. 13-4532, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 14th day of May, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on May 23, 2013. Dated at Iowa City, Iowa, this 13th day of June 2013. . Voparil Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO.13-4532 ORDINANCE AMENDING Printer's Fee$_ TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"CHAPTER 2, CERTIFICATE OF PUBLICATION ENTITLED "TAXICABS," TO CLARIFY THAT TAXICABS MUST USE A TAXIMETER TO STATE OF IOWA, MEASURE DISTANCE. WHEREAS, in Ordinance No. 11-4458, the City Code was JOHNSON COUNTY,SS: amended to provide that that a taxicab must have a calibrated taximeter in order to pass inspec- THE IOWA CITY PRESS-CITIZEN tion; WHEREAS, the City Code was also amended to provide that rates FED.ID#42-0330670 must be based on time and/or distance; WHEREAS, although the intent I QA'eD 5d—Algr21 was that the taximeter must be used to measure distance(except for "destination rates") as well as time, the Code provision is not being duly sworn,say that I am clear that distance must be mea- sured using a taximeter;and the legal clerk of the IOWA CITY WHEREAS, it is in the public interest to adopt an amendment to PRESS-CITIZEN,a newspaper clarify that taximeters must be used to measure distance. published in said county,and NOW, THEREFORE, BE IT ORDAINED BY THE CITY that a notice,a printed copy of COUNCIL OF THE CITY OF CITY, IOWA: which is hereto attached,was SECTION I.AMENDMENTS. 1.Title 5, entitled "Business and published in said paper License Regulations," Chapter 2, entitled"Taxicabs,"Section 7,enti- time(s),on the following date(s): teed "Rates; Hours; Complaints," Subsection A, Paragraph 3 is amended by deleting the third sen- M ) ' a ` tence and substituting the follow- ing sentence in lieu thereof: / Except for destination rates, all rates based on time and/or dis- tance tance must utilize a taximeter. 2.Title 5, entitled "Business and License Regulations," Chapter 2, Legal Cl k entitled"Taxicabs,"Section 7,enti- tled "Rates; Hours; Complaints," Subsection A, Paragraph 4 is Subscribed and sworn to amended by adding the following new sentence: before me this d- , day of No owner or driver of a taxicab shall operate a taxicab without uti- lizing a taximeter that has been calibrated and inspected. i SECTION II.REPEALER. All ordi- / nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Notary Public SECTION III. SEVERABILITY. If any section,provision or part of the LINDA KROTZ Ordinance shall be adjudged to be �4IL• invalid or unconstitutional, such f Commission Number 732619 adjudication shall not affect the • My Commission Expires validity of the Ordinance as a 'fow: January 27.2014 whole or any section, provision or ry 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 14th day of May,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk Pc-6000021953 May 23,2013 Ir At. :rinlir. 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. 13-4533, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 13, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. K. Voparil Deputy City Clerk C -t4h4, asv1A•k- l Printer's Fee $ j j 3O- I - •• 6B Iowa City Press-Citizen OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO.13-4533 above existing regulations,in order SECTION VI. SEVERABILITY. If AN ORDINANCE to satisfy public needs caused by any section,provision or part of the STATE OF IOWA CONDITIONALLY REZONING the requested change;and Ordinance shall be adjudged to be AND AMENDING THE SENSITIVE WHEREAS,the owner and appli- invalid or unconstitutional, such AREAS DEVELOPMENT PLAN cant has agreed that the property adjudication shall not affect the TO ALLOW A REDUCTION IN shall be developed in accordance validity of the Ordinance as a whole JOHNSON COUNTY,SS: THE PREVIOUSLY APPROVED with the terms and conditions of or any section, provision or part WETLAND BUFFER ON the Conditional Zoning Agreement thereof not adjudged invalid or PROPERTY LOCATED AT 2845 attached hereto to ensure appro- unconstitutional. THE IOWA CITY PRESS-CITIZEN MORMON TREK BOULEVARD. priate development in this area of SECTION VII. EFFECTIVE DATE. (REZ12-00032) the city. This Ordinance shall be in effect WHEREAS,the applicant, Dealer NOW, THEREFORE, BE IT after its final passage,approval and FED.ID#42-0330670 Properties IC, LLC, has requested ORDAINED BY THE CITY publication,as provided by law. a rezoning to amend the Sensitive COUNCIL OF THE CITY OF IOWA Passed and approved this 4th ' Areas Development Plan on prop- CITY,IOWA: day of June,2013. I, Rd 6 G r A 5 ,.J.,�/�'7. erty located at 2845 Mormon Trek SECTION I APPROVAL. Subject s/Matthew J.Hayek,Mayor Boulevard;and to the Conditional Zoning Attest:s/Marian K.Karr,City Clerk WHEREAS, buffer averaging was Agreement attached hereto and being duly sworn,say that I am applied to provide additional pro- incorporated herein, the Sensitive CONDITIONAL ZONING g y y tection to a wetlands located on Areas Development Plan attached AGREEMENT the legal clerk of the IOWA CITY the subject property in accordance hereto and incorporated herein is THIS AGREEMENT is made g with the Sensitive Areas Ordinance; hereby amended to allow a reduc- between the City of Iowa City, PRESS-CITIZEN,a news a er and tion in the previously approved Iowa, a municipal corporation P P WHEREAS, the minimum buffer wetland buffer: (hereinafter "City"), and Dealer ublished in said county,and area required for this property is LEGAL DESCRIPTION Properties IC, LLC (hereinafter 1' 3.56 acres;and Outlot B, JJR Davis Addition, "Owner"). that a notice,a printed copy of WHEREAS, the applicant has Iowa City, Iowa, in accordance WHEREAS, Owner is the legal requested an adjustment to the with the plat thereof recorded in title holder of approximately 7.09 which is hereto attached,was Sensitive Areas Development Plan Plat Book 55,at Page 39, in the acres of property located at 2845 to reduce the overall size of the records of the Johnson County Mormon Trek Boulevard;and ublished in said paper I wetland buffer area from 4.46 acres Recorder's Office, containing WHEREAS, the Owner has 1' to 4.14 acres;and 7.13 acres and subject to ease- requested the rezoning of said times ,on the followin dates) WHEREAS, a Compensatory ments and restrictions of record. property to amend the Sensitive � � g Mitigation Plan for the property SECTION II. ZONING MAP. The Areas Development Plan;and was previously submitted to the building official is hereby autho- WHEREAS, the Planning and Army Corps of Engineers and City rized and directed to change the Zoning Commission has deter- ' Vid -do and approved but was never imple- zoning map of the City of Iowa City, mined that with appropriate condi- mented;and Iowa, to conform to this amend- tions regarding the need to install /��� � WHEREAS, the previous owner ment upon the final passage, mitigation improvement measures I. � sold the property to the applicant approval and publication of the prior to any development activity without having installed the wet- ordinance as approved by law. being permitted and lighting on the land mitigation improvements stat- SECTION III. CONDITIONAL property being installed to mini- Legal ierk ed in the Compensatory Mitigation ZONING AGREEMENT.The mayor mize effects on adjacent residential Plan and as required by the is hereby authorized and directed properties the requested zoning is Sensitive Areas Ordinance;and to sign,and the City Clerk to attest, consistent with the Comprehensive WHEREAS, the Planning and the Conditional Zoning Agreement Plan;and Subscribed and sworn to Zoning Commission has reviewed between the property owner(s)and WHEREAS, Iowa Code §414.5 before me this 13 day of the proposed rezoning and deter- the City, following passage and (2013) provides that the City of mined that it complies with the approval of this Ordinance. Iowa City may impose reasonable A.D.20 /3 . Comprehensive Plan provided that SECTION IV. CERTIFICATION conditions on granting an appli- -'' -- it meets conditions addressing the AND RECORDING. Upon passage cant's rezoning request, over and r need to install the mitigation and approval of the Ordinance,the above existing regulations,in order improvement measures prior to any City Clerk is hereby authorized and to satisfy public needs caused by - _-...- development activity being permit- directed to certify a copy of this the requested change;and ted, that the wetland mitigation ordinance,and record the same in WHEREAS, the Owner acknowl- plan also include a requirement for the Office of the County Recorder, edges that certain conditions and Notary Public_c an annual monitoring report, and Johnson County, Iowa, at the restrictions are reasonable to — lighting on the property be installed Owner's expense, upon the final ensure the development of the LINDA KROTZ to minimize effects on adjacent passage,approval and publication property is consistent with the .tot As Number 732619 residential properties;and of this ordinance, as provided by Comprehensive Plan and the need C0111mtssio!ti . WHEREAS, Iowa Code §414.5 law. for protection of environmentally- � i CORNplreS (2013) provides that the City of SECTION V. REPEALER.All ordi- sensitive areas and to minimize J2nL�acv:27,2014 Iowa City may impose reasonable nances and parts of ordinances in effects on adjacent residential conditions on granting an appli- conflict with the provisions of this development;and cant's rezoning request, over and Ordinance are hereby repealed. WHEREAS, the Owner agrees to -- s33 a� 4t.ir develop this property in accor- property, whether located dance with the terms and condi- within a City or County zon- Dealer Properties IC,LLC tions of a Conditional Zoning ing district,will be mounted s/David R.Billion,Member Agreement. no more than 25 feet above Attest:s/Brenda Tirrel,Notary NOW, THEREFORE, in consider- grade prior to the establish- ' ation of the mutual promises con- ment of the additional vehi- Approve b tained herein,the parties agree as cle display area proposed follows: on Lot 2 of the D&D Billion City Attor 's Office 1.Dealer Properties IC LLC is the Addition. legal title holder of the property CITY OF IOWA CITY legally described as:Outlot B, 4.The Owner and City acknowl- ACKNOWLEDGEMENT: JJR Davis Addition, Iowa edge that the conditions con- City, Iowa, in accordance tained herein are reasonable STATE•IF IOWA) I with the plat thereof record- conditions to impose on the )ss: ed in Plat Book 55, at Page land under Iowa Code§414.5 JOHNS♦N COUNTY) 39, in the records of the (2013), and that said condi- Johnson County Recorder's tions satisfy public needs that This instr ent was- knowledged Office,containing 7.13 acres are caused by the requested before me •n and subject to easements zoning change. 2013 by atthew Hayek and and restrictions of record. 5.The Owner and City acknowl- Marian K. err as ayor and City 2.The Owner acknowledges that edge that in the event the sub- Clerk, respe,tively, of the City of the City wishes to ensure con- ject property is transferred, Iowa City. formance to the principles of sold, redeveloped, or subdi- the Comprehensive Plan and vided, all redevelopment will Notary Public - d for the State the Southwest District plan. conform with the terms of this of Iowa Further, the parties acknowl- Conditional Zoning Agreement. edge that Iowa Code §414.5 6. The parties acknowledge that LIMITED LIABI ITY COMPANY (2013)provides that the City of this Conditional Zoning ACKNOWLEDG: ENT: Iowa City may impose reason- Agreement shall be deemed to STATE OF IOWA able conditions on granting an be a covenant running with the )ss: applicant's rezoning request, land and with title to the land, JOHNSON CO over and above the existing and shall remain in full force regulations, in order to satisfy and effect as a covenant with On this d- of public needs caused by the title to the land,unless or until 2013,before m-,th- undersigned, requested change. released of record by the City a Notary Publi•in an•for the State 3. In consideration of the City's of Iowa City. of Iowa,perso ally ap'eared rezoning the subject property, The parties further acknowl- , to Owner agrees that develop- edge that this agreement shall me personally known, who being ment of the subject property inure to the benefit of and bind by me duly s orn,did •ay that the will conform to all other all successors, representa- person is requirements of the zoning tives, and assigns of the par- (title).f chapter,as well as the follow- ties. ,and ing conditions: 7.The Owner acknowledges that that said instr ment was-'gned on a. The applicant will be nothing in this Conditional behalf of th> said limite• liability allowed to decrease the Zoning Agreement shall be company by- thority of its anag- overall size of the wetland construed to relieve the Owner ers an. the said buffer as illustrated on the or Applicant from complying a nowl- Sensitive Areas with all other applicable local, edged the ex:cution of said stru- Development Plan attached state,and federal regulations. ment to be t e voluntary a and hereto and by reference 8. The parties agree that this deed of said limited liability om- made part of this agree- Conditional Zoning Agreement pany by it vol ntarily execute. ment; shall be incorporated by refer- b. The improvements ence into the ordinance rezon- Notary Public in and for the S ate shown on the "Wetland ing the subject property, and of Iowa Seeding and Planting Plan" that upon adoption and publi- shall be installed prior to cation of the ordinance. this My commission expires: any development activity agreement shall be recorded in being permitted on Lot 2 of the Johnson County PC-8000022828 June 13,2013 the D & D Billion Addition; Recorder's Office at the and Applicant's expense. c. Existing and proposed light fixtures on Lot 2 of the Dated this 4th day of June.2013. 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Ri W!+11.41' O � � J `, i__,,,fl 4 '-' � H 111 , , �',, ' �/ Jr'rv‘110:41041 4rws : b R7 i J *o� -iol�>ti 11.41 ' y`-I ..'••∎' ��ir•VANClti all I lL J J `r ri i:irvii Iy ♦ , �. b 1°aL�� ��111aO�aN `, •1/4..r11� , \ � �♦♦♦♦♦♦♦�4 �i��a �u�� 1 11o400r, l� or , t,40 ty. 4 �wae41_�= - • -. ,..^. fc '- d-* it 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. 13-4534, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 13, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. Voparil Deputy City Clerk OFFICIAL PUBLICATION a. In the CN-1, CB-2, CB-5, C. Add a new paragraph 7 to ORDINANCE NO.13-4534 and MU Zones, structured AN ORDINANCE AMENDING parking is not permitted on subsection 14-2B-6D as fol- AN Fee$ '-I .c1 TITLE 14, ZONING, TO ESTAB- the ground-level floor of the lows,and renumber subsequent building for the first 30 feet paragraphs accordingly: LISH PARKING LOCATION STAN- of lot depth as measured DARDS AND ENTRANCEWAY from the minimum setback 7• The floor height at any CERTIFICATE OF PUBLICATION STANDARDS THAT WILL line. In the CN-1 Zone it is street-facing building entrance REDUCE THE VISUAL IMPACT measured from the "build- must not exceed 3 feet above OF STRUCTURED AND SUR- to"line. the level of the abutting public STATE OF IOWA, FACE PARKING AREAS ALONG sidewalk or pedestrian plaza. RESIDENTIAL STREETS IN b. In Multi-Family Zones, MULTI-FAMILY ZONES. structured parking is not SECTION II REPEA€ All JOHNSON COUNTY,SS: WHEREAS,the City has adopted ordinances and parts of ordinances permitted on the ground- a strategic plan goal to stabilize level floor of the building for in conflict with the provisions of central city neighborhoods by the first 15 feet of building this Ordinance are hereby repealed. ensuring the higher density resi- depth as measured from SECTION w EV RA I ITY If THE IOWA CITY PRESS-CITIZEN ensuring uses, such as multi-family the street-facing building any section,provision or part of the uses and group living uses, are wall.On lots with more than Ordinance shall be adjudged to be designed in a manner that is con- one street frontage invalid or unconstitutional, such FED.ID#42-0330670 sistent with the character and scale parking setback m must the adjudication shall not affect the of other residential uses in the sur- validity of the Ordinance as a whole rounding neighborhood;and met along each street front- or any section, provision or part -Q. I, Rob 0. Sv)A -r;Z. WHEREAS,the zoning code con- age, unless reduced or thereof not adjudged invalid or tains parking location standards in waived by minor modifica- unconstitutional. the City's more urban commercial tion. When considering a SECTION IV FFF CTIVF DnTG being duly sworn,say that I am zones that ensure that at a mini- minor modification request, This Ordinance shall be in effect mum the first 30 feet of building the City will consider fac- after its final passage, approval the legal clerk of the IOWA CITY depth on the ground level floor of a tors such as street classifi- and publication, as provided by building is reserved for principal cation, building orientation, law. PRESS-CITIZEN,a newspaper uses and surface and structured location of primary Passed and approved this 4th parking is not allowed in this area. entrance(s) to the building, day of June,2013. published in said county,and This standard ensures a more and unique site constraints s/Matthew J.Hayek,Mayor active street frontage that is corn- such as locations where the Attest:s/Marian K.Karr,City Clerk that a notice,a printed copy of fortable, safe, and attractive for residential building space pedestrian and good for storefront must be elevated above the PC-6000022788 which is hereto attached,was businesses;and floodplain. June 13,2013 WHEREAS, in contrast to the published in said paper parking setback standard required c. In the CN-1, CB-2, CB-5, in urban commercial zones,struc- and MU Zones, the ceiling time(s),on the following date(s): tured parking within multi-family height of any underground and group living buildings must be parking may extend no enclosed within the building walls, more than 1 foot above the gK i•J '3 Z D 13 but is allowed on the ground level 1 level of the adjacent side- floor of the building right up to the walk. On sloping building j ._ front building wall; sites and for existing build- ings, the City may adjust 'I�ttZ'i�►�� — ` multi-family residential areas are this requirement by minor becoming more urban in character, modification. However, on 40 there has been a proliferation of sloping sites at least a por- Legal Cle multi-family buildings constructed tion of the ground-level with parking on the ground level floor height of any new floor with apartments above; building must be located no WHEREAS, elevating the living more than one foot above Subscribed and sworn to area above the parking level has the level of the abutting before me this I 3 I''' day of resulted in exterior stoops that are sidewalk or pedestrian out of proportion to the height of plaza; and the floor height �� , A.D.20 I 3 . the building and out of scale with of the ground-level floor of other residential buildings in the the building must be no neighborhood,made handicapped more than 3 4 feet above _ accessible entrances more difficult the level of the abutting to achieve, and created a street public sidewalk or pedes- frontage that is uncomfortable and trian plaza at any point unattractive for pedestrians;and along a'street-facing build- Notary Public WHEREAS, adopting a minimum ing façade. setback for structured parking and establishing a maximum height for d. In Multi-Family Zones, the •t (_ 1 4K- I residential stoops will help to allevi- floor height at any street- LINDA ate the aforementioned issues;and facing building entrance >� . Commission Number'7326191 WHEREAS, the Planning and must not exceed 3 feet • ' My Colnmission Expos Zoning Commission has reviewed above the level of the abut- IanU I7. F this ordinance and recommended ting public sidewalk. Any approval. underground parking may NOW, THEREFORE, BE IT not extend above grade in a ORDAINED BY THE CITY manner that prevents COUNCIL OF THE CITY OF IOWA street-facing building CITY,IOWA: entrances from meeting this SECTION I. The Code of standard,except as allowed Ordinances of the City of Iowa City, by minor modification due Iowa is hereby amended as fol- to unique site characteris- lows: tics, such as locations Delete paragraph 14-5A-5F-1, where the residential build- and substitute in lieu thereof: ing space must be elevated 1. In Multi-Family Zones and in above a floodplain. the CN-1, CB-2, CB-5, and the A. Add a new paragraph 4 to MU Zones the ground-level floor subsection 14-5A-5F as follows, of a building is reserved primer- and re-number subsequent ily for principal uses allowed in paragraphs accordingly: the zone. Therefore, any park- 4. Parking spaces within the ing located with the exterior structure must be perpendicu- walls of the building must meet lar to parking aisles. However, the following standards: angled parking or parallel parking configurations may be allowed if parking aisles are one-way. z. ® I lift „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. 13-4535, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 13, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. 4 . Voparil Depu y City Clerk r OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 13-4535 ORDINANCE AMENDING TITLE 3,FINANCES TAXATION AND FEES,CHAPTER 4,SCHEDULE OF FEES, /) RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO AMEND Printer's Fee$ "1 •SO PARKING FEES,RATES,AND FINES. WHEREAS, Iowa City Code section 3-4-8: Parking Violations:sets the Amount of Fee,Charge,Bond,Fine and Penalty for various Parking matters;and CERTIFICATE OF PUBLICATION WHEREAS,the City wishes to offer the first hour of parking free in the Court Street, Capitol Street, Dubuque Street and Tower Place facilities;and WHEREAS,the City wishes to work to reduce downtown congestion by increasing meter rates and citation fine amounts,including escalation for habitual offenders;and STATE OF IOWA, WHEREAS,it is in the best interest of the City to adopt this amendment. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION I.AMENDMENTS. JOHNSON COUNTY,SS: TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, . FINES,AND PENALTIES,SECTION 8,PARKING VIOLATIONS:is hereby amended by deleting it in its entirety and replacing it as follows: THE IOWA CITY PRESS-CITIZEN 3-4-8:PARKING VIOLATIONS: Description of Fee,Charge,Fine or Penalty Amount of Fee,Charge,Fine or Penalty FED.ID#42-0330670 Parking Ramp fees: Hourly parker(Court Street Transportation Center, First Hour=Free Tower Place,Capital Street,and Dubuque Street parking ramps), Hours 2+=$1.00 per hour I, R( 5-6dorg-rz Hourly parker(Chauncey Swan),per hour $0.75 Monthly all day permits with advance payment(Court Street 80.00 Transportation Center,Chauncey Swan,Tower Place,Capital beingduly that I am Street,and Dubuque Street parking ramps),per month g } sworn, say Annual all day permits with advance payment(Court Street 912.00 the legal clerk of the IOWA CITY TStreetransportation and Dubu Centerque Street,Chauncparkiey Swanng ramps,Tower) per Place year,Capital , , PRESS-CITIZEN,a er news a Reissue of monthly,quarterly or annual permit,each reissue 25.00 newspaper City employee monthly all day permits,per month Half price published in said county,and Lost Ticket Fee 23.00 that a notice,a rinted copy of Surface lot fees: I P Py Monthly all day permits,per month 60.00 which is hereto attached,was Monthly all day permits(annual advance payment),per year 684.00 Monthly off hours permits(after 5:00 P.M.,Monday through Friday, 54.00 i published in said paper / all day Saturday and Sunday),per month-all city surface lots time(s), on the following date(s): Parking meter fees:(except as otherwise marked) Central business district on street meter,per hour 1.50 Central business district lot meter,per hour 1.50 �' 100-300 blocks of East Jefferson Street,per hour 1.50 4l/1J a- ( � 100-200 blocks of North Clinton Street,per hour 1.00 ' � / 10 block of West Court Street,per hour 1.00 • =�1`-- 10 300 block of East Court Street,per hour 1.00 300 block of South Linn Street,per hour 1.00 • 300 block of South Dubuque Street,per hour 1.00 300 block of South Clinton Street,per hour 1.00 Legal C 60 k 100-300 blocks of East Market Street,per hour 1.00 g 100-200 block of North Linn Street,per hour 1.00 400 block of Iowa Avenue,per hour 1.00 Market Street and Schuman parking lots,per hour 1.00 Subscribed al-y:1 sworn to Peripheral lot meter(outside central business district),per hour 0.75 Peripheral on street meter(outside central business district),per hour 0.75 b •re me this 1 ay of Fee for contractor reservation of space,per day 20.00 �` A.D. 20 13 Moped/Scooter/Motorcycle Permit(Annual permit' i January 1,2014-December 31,2014 70.00 � ,(- January 1,2015- 90.00 Fines for parking violations: Overtime parking 10.00 Notary Public Commercial loading zone 25.00 µare LINDA KROTZ Expired meter 1st citation each period:warning 2nd citation each period:7.00 Commission Number 7326191 Each period runs from July 1st until June 30th of 3rd citation each period:12.00 the subsequent year. 4th citation each period:15.00 My Commission Expires 5th citation each period:20.00 °� January 27,2014 6th+citation each period:25.00 Prohibited zone 15.00 Illegal parking-handicapped parking space 100.00,or as specified in Iowa Code Section 321.236(1)(b),as amended, for violations of Iowa Code Section 321 L.4(2) 1 hour restricted zone,City Hall lot 10.00 Library patron only parking 10.00 Library outside book drop off only 10.00 first offense 20.00 second and subsequent offense Parking in passenger loading zone 15.00 All other illegal parking violations 15.00 Increases: 30 days after issue,all parking violations,if Original ticket amount+$5.00 not already paid or appealed,shall increase in amount by$5.00,or as allowed by Iowa Code Section 321.236(1)(b),as amended. SECTION II.REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III.SEVERABILITY.If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section,provi- sion or part thereof not adjudged invalid or unconstitutional. SECTION IV.EFFECTIVE DATE.This Ordinance shall be effective on July 1,2013. Passed and approved this 4th day of June,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk Pc-6000022787 June 13,2013 c�t� , e.�wx7,asa,.e� . S I Printer's Fee $ 3SI,Li a- Thursday, June 27, 2013 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION CONDITIONAL ZONING terms and conditions of a Northwest Quarter of said CERTIFICATE OF PUBLICATION AGREEMENT Conditional Zoning Agreement. Section 18, a distance of THIS AGREEMENT is made NOW, THEREFORE, in consider- 300.19 feet, to the Point of between the City of Iowa City,Iowa, Beginning; Thence STATE OF IOWA, a municipal corporation(hereinafter ation of the mutual promises con- N01 0301 0"W, 510.03 feet,to "City"),Allen Homes,Inc.,(hereinaf- tamed herein, the parties agree as a Point on the South Line of follows: ter "Applicant") and Sally Hall and Parcel 1,of the Ralston Creek JOHNSON COUNTY,SS: Hieronymus Family Partnership LLP 1. Sally Hall is the legal title hold- Property Acquisition,in accor- 1 (hereinafter collectively"Owners"). er of the property legally dance with the Plat thereof WHEREAS, Owners are the described as follows: Recorded in Plat Book 19, at THE IOWA CITY PRESS-CITIZEN legal title holders of approximately Commencing at the West Page 84 of the Records of the 4.83 acres of property located at the g Johnson County Recorder's Y Quarter Corner of Section 18, Office; Thence S89°27'12"E, FED.ID#42-0330670 northeast corner of Scott Boulevard Township 79 North, Range 5 along said South Line,180.08 and American Legion Road;and West, of the Fifth Principal feet; Thence S00°33'24"W, Q WHEREAS,the Applicant with Meridian, Iowa City, Johnson 509.73 feet,to a Point on the I, ' )fl�� 5--(4)AQ'h'Z,. the Owners'consent has requested County. Iowa, Thence South Line of said Southwest the rezoning of said property from S89°26'36"E,along the South Quarter of the Northwest Low-Density Single-Family line of the Southwest Quarter Quarter;ThenceN89°26'36"W, of the Northwest Quarter of along said South Line,161.75 being duly say that I am Residential to L said Section 18, distance of l ) and County saecon ,a sance o g g y sworn y Residential(R)to LowDensity Multi- feet,to the Point of Beginning. Family Residential (RM-12) zone; 50.03 feet, to the Point of the legal clerk of the IOWA CITY and Beginning; Thence 3. The Owners and Applicant N01°30'10"W, along the acknowledge that the City ,PRESS-CITIZEN,a newspaper WHEREAS, the Planning and Easterly Right-of-Way line of wishes to ensure confor- Zoning Commission has determined Scott Boulevard,a distance of mance to the principles of the published in said county,and that, with appropriate conditions 207.76 feet; Thence Comprehensive Plan and the regarding improvements to Northeasterly, 304.63 feet, Southeast District Plan. that a notice,a printed copy of American Legion Road and installa- along said Easterly Right-of- Further, the parties acknowl- tion of a temporary sidewalk along Way line, on a 1095.92 foot edge that Iowa Code §414.5 which is hereto attached,was the property's frontage with said radius curve, concave (2011) provides that the City road until these improvements are Southeasterly, whose 303.65 of Iowa City may impose rea- published in said paper l complete, installation of sidewalk foot chord bears N06°27'37"E, sonable conditions on grant- along the property's frontage with to its intersection with the ing a rezoning request, over time(s),on the following date(s): Scott Boulevard, dedication of a South line of Parcel 1, of the and above the existing regula- public right-of-way within the sub- Ralston Creek Property tions,in order to satisfy public ject property, and design review to Acquisition, in accordance needs caused by the request- t we. .2.1 t .b i 3 ensure compatibility of multi-family with the Plat thereof Recorded ed change. ' / development,the requested zoning in Plat Book 19,at Page 84 of / 4. In consideration of the City's -=' is consistent with the the Records of the Johnson rezoning the subject property, rte - Comprehensive Plan;and County Recorder's Office; Owners and Applicant agree v WHEREAS,Iowa Code§414.S Thence S89°27'12"E, along that development of the sub- said South line, 208.07 feet; (2011)provides that the City of Iowa ject property will conform to City may impose reasonable condi- Thence Point 1n"th 5 South all other requirements of the Legal C k tions on granting an applicant's feet, to a Point on the South zoning chapter,as well as the rezoning request, over and above line of said Southwest Quarter following conditions: of the Northwest Quarter; existing regulations,in order to sat- Thence N89°26'36"W, along a. Prior to receiving a building Subscribed and sworn to isfy public needs caused by the said South Line, 250.16 feet, permit for development of before me this r ' -.4-'-day of requested change;and to the Point of Beginning. dwelling units on the sub- WHEREAS, the Owners and (act property, Owners or C , A.D. 20 /3 2. Hieronymus Family r Applicant acknowledge that certain Applicant shall pay$36,653 Partnership LLP is the legal o conditions and restrictions are rea- to cover 12.5%of the cost ,� � title holder of the property sonable to ensure the development of improving American legally described as follows: __� of the property is consistent with the Legion Road frontage adja- Comprehensive Plan and the need Commencing at the West cent to the subject proper- for infrastructure improvements, Quarter Corner of Section 18, ties to City street stan- Notar Public traffic safety and neighborhood Township 79 North, Range 5 Bards,or provide a letter of 3 compatibility;and West, of the Fifth Principal credit for the same;and the Owners and Meridian, Johnson County. b. Prior to receiving an occu- WHEREAS,Applicant WH a r S, to develop and Iowa, Thence 589°26'36"E, pancy permit for a building LINDA,KROTZ. g p along the South Line of the on the subject property, -+a property in accordance with the Southwest Quarter of the Owners or Applicant shall Commission Number 73261 • '' •_ ' My Commission Expires oW January ■27,2014 I C , ^-t BSc c,� C9tic).. 1 3 - --3 L . OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION install an$-foot wide side- illustrated on the attached 8. The parties acknowledge that walk(the City will promptly exhibits;and this Conditional Zoning reimburse Owners/ f. The development plan for Agreement shall be deemed Applicant for 3 feet of the the subject properties shall to be a covenant running with required 8-foot width) be reviewed and approved the land and with title to the along the property's front- by the Design Review land,shall inure to the benefit age with Scott Boulevard; Committee prior to issu- of and bind all successors, and ance of a building permit representatives, and assigns c. Prior to receiving an occu- for a dwelling unit. of the parties and shall remain pancy permit for a building 5. Upon completion of the items, in full force and effect as a on the subject property, specified in paragraph 4 covenant running with title to Owners or Applicant shall above,the City shall promptly the land, unless or until install a 5-foot wide tempo- issue to the Applicant a good released of record by the City rary sidewalk according to and sufficient release for the of Iowa City. plans and specifications dwelling units on the property 9. The Owners and Applicant approved by the City so that this Conditional Zoning acknowledge that nothing in Engineer along the proper- Agreement will not constitute ty's frontage with American a cloud on the title to the this Conditional Zoning Legion Road unless a per- property. Agreement shall be construed manent sidewalk has to relieve the Owners or already been installed;and 6. The Owners, Applicant and Applicant from complying with d. Prior to issuance of a build- City acknowledge that the all other applicable local, ing permit for a dwelling conditions contained herein state,and federal regulations. unit the Owners or are reasonable conditions to 10. The parties agree that this Applicant shall construct impose on the land under A pp Iowa Code§414.5(2011),and Conditional Zoning Agreement and dedicate a public shall be incorporated by refer- street along the eastern that said conditions satisfy ence into the ordinance rezon- ro property line of the proper- public needs that are caused P p y t by the requested zoning ing the subject property, and ty in accordance with con- that upon adoption and publi- struction plans approved change. cation of the ordinance, this by the City;and 7. The Owners, Applicant and agreement shall be recorded e. Prior to issuance of a build- City acknowledge that in the in the Johnson County ing permit for a dwelling event the subject property is Recorder's Office at the unit the Owners or transferred, sold, redevel- Applicant's expense. Applicant shall dedicate oped,or subdivided,all rede- the street right-of-way nec- velopment will conform with essary for the improvement the terms of this Conditional PC-AT130624_114015 June 27,2013 of Scott Boulevard and Zoning Agreement. American Legion Road as Dated this 1- (lay of it4A-1 ,2013. CITY OF IOWA CITY ?� �t At ` ._— q iheMaU Mayor iy Attest: F ip,LLP,Owner Mari 'K=Karr,City Clerk .;, Hieronymus,Partner Approved by: Men Homes,Inc.,Applicant City Attorney's Office 5 3( t3 ,President C- . C °`L s-- kI.- es-N.& . 13— 4-ts 3 C I ,Pvs 1 1 •.11_ WNN �p nmT P/bE 9W Q 11E REt 0 I V/ m �gI I 7.i.,3 Cr TiE�Y cm GAMY Rer...,9 A,,,,e n c •m Z 1 IT) 0 1l y 1 I I `Ys 0 0---.1g ° riA l I'1 \ i I 1 4 d a �i$G A �nn i° { 1 m� r� }? ozp�p 1 VC�� A ISO _�_ myTS 2 Z l .i� '4 A Z T x �-�. .C9'Kq.. 4ri Ckz 9.,g II 0 8 oa0m7zR_ Z mpl ' 4 $'' o�§ giZ3D lfif. 0 /AAI OC ION 91 GOZ _ i- ,145`_ I`god 0§o1 —I A - : � o°1A 1• O N g@ 1 I t .� x� 'qpqZpp 0usw _ A, ,,o 22 I E. 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F — ,� L g 3 nQ �Cp T_N I 1 o 0 3 �- §k N�aa, cyy*�T z to qd� ' � z — � a� �o �G 3 Z -QZ Z 1 $ ^-1N m 6 C $s cat � O �oo'�Q c m0� Hill UI�� 8 K w -2 -i I m 8 1.N�°i o 1 V J JO R c:V599V590-063-1/4:75980832.dw9 1/31/2013 9:10:21 MA 0S! I CuiliN?ha.,k1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 13-4536, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 28, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. Voparil Deputy City Clerk C9�A.•'3 -4.S3 N • m,. (• • LEGAL DESCRIPTION OFFICIAL PUBLICATION Commencing at the West Quarter ORDINANCE NO.13-4536 Corner of Section 18,Township 79 SEt✓TION V. CERTIFICATION A N ORDINANCE North, Range 5 West, of the Fifth AND ppCORDf the Upon Ordinance,the CONDITIONALLY REZONING Principal Meridian, Johnson City approval of tby authorized the APPROXIMATELY 2 ACRES County.Iowa,Thence S89°26'36"E, Cdirected y drk is hereby authorized the FROM COUNTY RESIDENTIAL along the South Line of the ordiinace,and record theysamehin Printer's Fee$ �-1 544' (R) AND APPROXIMATELY 2.83 Southwest Quarter of the ACRES FROM LOW-DENSITY Northwest Quarter of said Section Johnson nsone County,the County Iowa, at the SINGLE-FAMILY RESIDENTIAL 18,a distance of 300.19 feet,to the Johnson expense, Ipon the the CERTIFICATE OF PUBLICATION (RS-5)TO LOW-DENSITY MULTI- Point of Beginning; Thence Owner's expense, upon the final FAMILY RESIDENTIAL (RM-12) N01°30'10"W, 510.03 feet, to a LOCATED EAST OF SCOTT Point on the South Line of Parcel 1, passage,approval and publication STATE OF IOWA, BOULEVARD AND NORTH OF of the Ralston Creek Property of this ordinance, as provided by MUSCATINE AVENUE AND Acquisition,in accordance with the law. AMERICAN LEGION ROAD. Plat thereof Recorded in Plat Book SECTION VI.REPEALER.All ordi- JOHNSON COUNTY,SS: (REZ13-00002&REZ13-00003) 19, at Page 84 of the Records of conces and parts of ordinances in WHEREAS, the applicant, Allen the Johnson County Recorder's conflict with the provisions of this Homes, has requested annexation Office;Thence S89°27'12"E,along Ordinance are hereby repealed. THE IOWA CITY PRESS-CITIZEN and rezoning of approximately 2 said South Line, 180.08 feet; SECTION VII. Sion or p ILITY. If acres located near the northeast Thence S00°33'24"W,509.73 feet, any section,provision or part of the corner of Scott Boulevard and to a Point on the South Line of said Ordinance shall be adjudged to be FED.ID#42-0330670 American Legion Road from Southwest Quarter of the invalid or unconstitutional, such County Residential (R) to Low- Northwest Quarter; Thence adjudication shall not affect the Density Multi-Family(RM-12);and N89°26'36"W, along said South validity of the Ordinance as a whole ''n WHEREAS, the applicant, Allen or any section, provision or part I, k 0 ifs A,Ft-�' Line, 161.75 feet, to the Point of thereof not adjudged invalid or Homes, has also requested a Beginning, unconstitutional. rezoning of approximately 2.38 SECTION II APPROVAL Subject SECTION VIII. EFFECTIVE DATE. acres located at 3410 Muscatine to the Conditional Zoning This Ordinance shall be in effect being duly sworn,say that I am Agreement attached hereto and after its final passage,approval and Avenue from Low-Density Single Family Residential (RS-5) to Low- the legal clerk of the IOWA CITY Density Multi-Family Residential incorporated herein, the property publication,as provided by law. (RM 12);and described below is hereby reclassi- Passed and approved this 18th PRESS-CITIZEN,a newspaper WHEREAS, American Legion fled from its current zoning desig- day of June,2013. Road is a rural road without side- nation of Low-Density Single- s/Matthew J.Hayek,Mayor published in said county,and walks,curb,gutters or storm sew- Family Residential (RS-5) to Low- Attest: s/Marian K. Karr, City ers,which inhibits the ability of said Density Multi-Family Residential Clerk that a notice,a printed copy of road to serve future development (RM-12): LEGAL DESCRIPTION Cont'd on next page which is hereto attached,was on the subject property and the Commencing at the West Quarter ability of residents to walk or bike Corner of Section 18,Township 79 Pc-6000023393 June 28,2013 published in said paper outside the immediate area;and North, Range 5 West, of the Fifth WHEREAS,the Southeast District Principal Meridian, Iowa City, time(s),on the following date(s): Johnson County. Iowa, Thence CONDITIONAL ZONING Plan future land-use map depicts S89°26'36"E,along the South Line AGREEMENT ,(' the subject area as appropriate for of the Southwest Quarter of the THIS AGREEMENT is made .J Ul N e ,.. �0 t ? low-to medium-density multi-fam-ily residential development;and Northwest Quarter of said Section between the City of Iowa City,Iowa, 18,a distance of 50.03 feet, to the a municipal corporation(hereinafter �i WHEREAS, the Planning and Point of Beginning; Thence "City"),Allen Homes,Inc.,(hereinaf- a, Zoning Commission has reviewed N01°30'10"W, along the Easterly ter "Applicant") and Sally Hall and - F ` the proposed rezoning and deter- Right-of-Way Line of Scott Hieronymus Family Partnership LLP mined that it complies with the Boulevard, a distance of 207.76 (hereinafter collectively"Owners"). Comprehensive Plan provided that feet;Thence Northeasterly,304.63 it meets conditions addressing the y WHEREAS, Owners are the feet, along said Easterly Right-of- legal title holders of approximately Legal C1:4 need for a street improvements Way Line,on a 1095.92 foot radius g pp y and sidewalks along the property's y 4.83 acres of property located at the frontage with Scott Boulevard and curve, concave Southeasterly, northeast corner of Scott Boulevard whose 303.65 foot chord bears and American Legion Road;and Subscribed and sworn to American Legion Road;and N06°27'37"E, to its intersection J WHEREAS, Iowa Code §414.5 with the South Line of Parcel 1,of WHEREAS,the Applicant with before me this day of (2013) provides that the City of the "Ralston Creek Property the Owners'consent has requested / A.D.20 ) Iowa City may impose reasonable Acquisition,in accordance with the the rezoning of said property from conditions on granting an appli- Plat thereof Recorded in Plat Book Low-Density Single-Family -way cant's rezoning request, over and Residential (RS-5) and Count above existing regulations,in order County J 19, at Page 84 of the Records of Residential(R)to LowDensity Multi- -;.ter — to satisfy public needs caused by the Johnson County Recorder's Family Residential (RM-12) zone; the requested change;and Office;Thence S89°27'12"E,along and WHEREAS,the owner and appli- said South Line, 208.07 feet; Notary Public cant have agreed that the property Thence S01°30'10"E, 510.03 feet, WHEREAS, the Planning and shall be developed in accordance to a Point on the South Line of said Zoning Commission has determined LINDA KROTI, with the terms and conditions of that, with appropriate conditions•NO" LINDA Southwest Quarter of the lCOmmiSSbOn N X19 the Conditional Zoning Agreement Northwest Quarter; Thence regarding improvements to attached hereto to ensure appro- priate development in this area of Line, 250.16 feet, to the Point of lion of a temporary sidewalk along January 27 2Q04: the city. the property's frontage with said Beginning. road until these improvements are SECTION III. ZONING MAP. The p NOW, THEREFORE, BE IT building official is hereby autho- complete, installation of sidewalk rized and directed to change the along the property's frontage with ORDAINED BY THE CITY zoning map of the City of Iowa City, Scott Boulevard, dedication of a COUNCIL OF THE CITY OF IOWA Iowa, to conform to this amend- public right-of-way within the sub- CITY,IOWA: ment upon the final passage, jest property, and design review to SECTION I APPROVAL Subject approval and publication of the ensure compatibility of multi-family to the Conditional Zoning ordinance as approved by law. development,the requested zoning Agreement attached hereto and SECTION IV. CONDITIONAL is consistent with the incorporated herein, the property ZONING AGREEMENT.The mayor Comprehensive Plan;and described below is hereby reclassi- is hereby authorized and directed fied from its current zoning desig- to sign,and the City Clerk to attest, WHEREAS,Iowa Code§414.S nation of County Residential(R)to (2011)provides that the City of Iowa Low-Density Multi-Family(RM-12): the Conditional Zoning Agreement City may impose reasonable condi- between the property owner(s)and Lions on granting an applicant's the City, following passage and rezoning request, over and above approval of this Ordinance. existing regulations,in order to sat- isfy public needs caused by the requested change;and C'S>.,a.. 13 -4-ts3 Co fie- Y.kM.t N, , - - �J. a a LL WHEREAS, the Owners and dance with the Plat thereof Applicant acknowledge that certain Recorded in Plat Book 19,at American Legion Road as 8. The parties acknowledge that conditions and restrictions are rea- Page 84 of the Records of the illustrated on the attached this Conditional Zoning sonable to ensure the development Johnson County Recorder's exhibits;and Agreement shall be deemed of the property is consistent with the Office; Thence S89°27'12"E, f. The development plan for to be a covenant running with Comprehensive Plan and the need along said South Line,180.08 the subject properties shall the land and with title to the for infrastructure improvements, feet; Thence S00°33'24"W, be reviewed and approved land,shall inure to the benefit traffic safety and neighborhood 509.73 feet,to a Point on the by the Design Review of and bind all successors, compatibility;and South Line of said Southwest Committee prior to issu- representatives, and assigns WHEREAS, the Owners and Quarter of the Northwest ance of a building permit of the parties and shall remain Applicant agree to develop this Quarter;ThenceN89°26'36"W, for a dwelling unit. in full force and effect as a along said South Line,161.75 5. Upon completion of the items covenant running with title to property in accordance with the feet,to the Point of Beginning. specified in paragraph 4 the land, unless or until terms and conditions of a 3.The Owners and A licant above,the City shall promptly released of record by the City Conditional Zoning Agreement. pp issue to the Applicant a good of Iowa City. acknowledge that the City and sufficient release for the NOW, THEREFORE, in consider- wishes to ensure confor- 9. The Owners and Applicant ation of the mutual promises con- mance to the principles of the dwelling this Cs Conditional the property acknowledge that nothing in P P P so that this Conditional Zoning tained herein, the parties agree as Comprehensive Plan and the Agreement will not constitute this Conditional Zoning follows: Southeast District Plan. a cloud on the title to the Agreement shall be construed 1. Sally Hall is the legal title hold- Further, the parties acknowl- proPertY to relieve the Owners or y edge that Iowa Code §414.5 Applicant from complying with er of the property legally (2011) provides that the City 6. The Owners, Applicant and all other applicable local, described as follows: of Iowa City may impose rea- City acknowledge that the state,and federal regulations. Commencing at the West sonable conditions on grant- conditions contained herein g ing a rezoning request, over are reasonable conditions to 10. The parties agree that this Quarter Corner of Section 18, g g Conditional Zoning Agreement Township 79 North, Range 5 and above the existing regula- impose on the land under shall be incorporated by refer- West, of the Fifth Principal tions,in order to satisfy public Iowa Code§414.5(2011),and P needs caused by the request- that said conditions satisfy ante into the ordinance rezon- Meridian, Iowa City, Johnson Y ing the subject property, and County. Iowa, Thence ed change. public needs that are caused that upon adoption and pubii- S89°26'36"E,along the South 4. In consideration of the City's changeby the requested zoning cation of the ordinance, this. reement shall be recorded a line of the Southwest Quarter rezoning the subject property, 9 of the Northwest Quarter of Owners and Applicant agree 7. The Owners, Applicant and in the Johnson County said Section 18,a distance of that development of the sub- City acknowledge that in the Recorder's Office at the 50.03 feet, to the Point of ject property will conform to event the subject property is Applicant's expense. Beginning; Thence all other requirements of the transferred; sold, redevel- N01°30'10"W, along the zoning chapter,as well as the oped,or subdivided,all rede- Easterly Right-of-Way line of following conditions: velopment will conform with Pc4°°°23"" June 27,2013 Scott Boulevard,a distance of the terms of this Conditional 207.76 feet; Thence a. Prior to receiving a building Zoning Agreement. Northeasterly, 304.63 feet, permit for development of along said Easterly Right-of- dwelling units on the sub- Way Y 9 9 Wa line, on a 1095.92 foot ject property, Owners or Y 1 radius curve, concave Applicant shall pay Southeasterly, whose 303.65 to cover 12.5%of the cost Dated this P'1 day of MAI ,2013. foot chord bears N06°27'37"E, of improving American ! to its intersection with the Legion Road frontage adja- CITY OF KWVA CITY South line of Parcel 1, of the cent to the subject proper- Ralston Creek Property ties to City street stan- Acquisition, in accordance dards,or provide a letter of ��--- with the Plat thereof Recorded credit for the same;and Mattft J.Hayek,Mayor in Plat Book 19,at Page 84 of b. Prior to receiving an occu- the Records of the Johnson pancy permit for a building Attest: County Recorder's Office; on the subject property, ` Thence S89°27'12"E, along said South line, 208.07 feet; Owners or Applicant shall ...204.(40.---) Thence S01°30'10"E, 510.03 install an 8-foot wide side- Karr,City Clerk feet,to a Point on the South walk(the City will promptly line of said Southwest Quarter reimburse Owners/ A of the Northwest Quarter; Owners/Applicant for 3 feet of the Approved by; Thence N89°26'36"W, along required 8-foot width) said South Line, 250.16 feet, along the property's front- age with Scott Boulevard; } to the Point of Beginning. and l� "`"� 2. Hieronymus Family c. Prior to receiving an occu- City Attorney's Office ,5' 3( 13 Partnership LLP is the legal pancy permit for a building title holder of the property on the subject property, legally described as follows: Owners or Applicant shall tempo- Commencing at the West install a 5-foot wide tempo- g rary sidewalk according to Quarter Corner of Section 18, plans and specifications Township 79 North, Range 5 approved by the City West, of the Fifth Principal Engineer along the proper- Meridian, Johnson County. ty's frontage with American Iowa, Thence S89°26'36"E, Legion Road unless a per- --' -I along the South Line of the manent sidewalk has `Y • '' Southwest Quarter of the already been installed;and Northwest Quarter of said d. Prior to issuance of a build- F r1 •artnership,LLP,Owner Section 18, a distance of ing permit for a dwelling ~ , 300.19 feet, to the Point of unit the Owners or (�and dedicate a public r.... AI Beginning; Thence Applicant shall construct Hieronymus Pa N01°30'10"W, 510.03 feet, to y` a Point on the South Line of property t street along the eastern Parcel 1,of the Ralston Creek property line of heproper- Allen Homes,Inc.,Applicant ty in accordance e with con- Property Acquisition,in accor- struction plans approved by the City;and e. Prior to issuance of a build- By .✓'' � ing permit for a dwelling je President unit the Owners or Applicant shall dedicate the street right-of-way nec- essary for the improvement of Scott Boulevard and • 3 ` � �..L, . l3 - �-t S"3 b J N . ` a • IN 7l/.R+DNYt:mm TM Fur rrexea PEC4FrED II FLAT AT ® a C °I fs Mt a u NRS r 1 S6' :°8 tz: I I 1 Fri® Z\u° ° I I i - A m I y my� I ■ j, a „ I � . ff c� � =z Pg� ;�, � � r a mp; _ > e________Is Z� l_ n0A0a U�_ _ _ ---, .69,-92 „ ` %;goo Y 0 4"• ZC M- ,94102 +_. 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I W ®Uaa nU�1� 1 l l ssck 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. 13-4537, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 27, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. • - K. Voparil Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.13-4537 Commencing at a point which is 50 ORDINANCE REZONING feet west and 165 feet north of the APPROXIMATELY 5.23 ACRES southeast corner of the southwest OF LAND LOCATED AT 515,527, quarter of Section 4,Township 79 Printer's Fee$ (PJS d 539 NORMANDY•- fVE AND N h,;Range 6 d(II�tsI 5th 820,822,930 P A R K ROAD,FROM RM.' ence north 1 00.° -`.1 ence LOW-DENSITY Ot -FAMfl.Y ..S feet - •. 10 CERTIFICATE OF PUBLICATION RESIDENTIAL (RS-5) ZONE TO •$et thence east 151.5 feet tb the NEIGHBORHOOD PUBLIC (P-1) point of beginning. ZONE.(REZ13-00013) 822 Park Road: STATE OF IOWA, WHEREAS, the applicant, the Commencing at the Southeast cor- STATE of lows City,has requested a ner of the Southwest Quarter of rezoning of property located at Section 4, Township 79 North, JOHNSON COUNTY,SS: 515,527,539 Normandy Drive and Range 6 West of the 5th Principal 820, 822, 930 Park Road from Meridian; Thence N 90°00'00" W, Low-Density Single-Family (An Assumed Bearing), along the Residential(RS-5)to Neighborhood South line of said Southwest quar- THE IOWA CITY PRESS-CITIZEN Public(P-1);and ter, 238.70 feet to the Point of WHEREAS,these properties have Beginning; Thence continuing N been purchased by the City as part 90°00'00" W, along said South FED.ID#42-0330670 of the flood buy-out programs;and Line, 200.00 feet; Thence N WHEREAS,Other than the build- 12°26'00"E,171.60 feet;Thence N ing at 820 Park Road, the struc- 72°08'00" W, 185.91 feet, to the I, Q rg .c .trig.'r-L. tures on this properties have been Easterly Bank of the Iowa River; demolished;and Thence N 31°39'38" E, along the WHEREAS, funding sources for Easterly Bank, 30.89 feet; Thence being duly sworn,say that I am future use of the purchasedtp op- S 46°53'32"E, feet;168 62 feet;Thence the legal clerk of the IOWA CITY eWHEREAS public house 10 at 820 Park S 00°00 00"W, 149 23 feet to the PRESS-CITIZEN,a newspaper • Road (known as the Ned Ashton Point of Beginning. House, listed on the National 820 Park Road: published in said county,and Register of Historic Places and as Lot 2, Ashton Place, Iowa City, an Iowa City Historic Landmark) Iowa, in accordance with the plat that a notice,a printed copy of will remain as the focal point of the thereof recorded in Book 49,Page park and function as a reception 108, Plat Records of Johnson which is hereto attached,was hall open to the public and man- County,Iowa. aged by the City Parks and 930 Park Road: published in said paper_1_ Recreation Department;and Commencing at a point on the WHEREAS, section 14-2F-1 of south line of Section 4, Township time(s),on the following date(s): the zoning code indicates that City 79 North,Range 6 West of the 5th owned land, including park land, P.M. 438.7 feet west of the south- ' � 1 should be zoned P-1;and east corner of the southwest quar- �H N0. �.1 eLD ),3 WHEREAS, the Planning and ter of said Section 4;thence north 1 Zoning Commission has the 12°26' east 171.6 feet; thence / if reviewed the proposed rezoning north 72°08'west 200 feet more or and has recommended approval. less to the easterly bank of the � '� NOW, THEREFORE, BE IT Iowa River;thence southerly along ORDAINED BY THE CITY the easterly bank of the Iowa River COUNCIL OF THE CITY OF IOWA to the south line of said Section 4; Legal irk CITY,IOWA: thence east along the south line of g !S SECTION I APPROVAL. Property Section 4,300 feet more or less to described below is hereby reclassi- the place of beginning. fied from its current zoning desig- SECTION II, ZONING MAP. The Subscribed and na sworn to nation of RS-5 to P-1: Building Inspector is hereby autho- b re me this LEGAL DESCRIPTION rized and directed to change the y Of 539 Normandy: zoning map of the City of Iowa City, A.D.20 /'. That portion of Lot 1,Ashton Place, Iowa, to conform to this amend- Iowa City, Iowa, according to the ment upon the final passage, plat thereof recorded in Book 49, approval and publication of this ■_1�� �� �� Page 108,Plat Records of Johnson ordinance by law. County, Iowa, subject to ease- SECTION III. CERTIFICATION ments and restrictions of record. AND RECORDING. Upon passage 527 Normandy: and approval of the Ordinance,the Notary Public Commencing at the Southeast City Clerk is hereby authorized and Corner of the Southwest Quarter of directed to certify a copy of this Section 4, Township 79 North, ordinance and to record the same, µad LINDA KROTZ Range 6 West,of the 5th.principal at the office of the County Recorder At Meridian; Thence N90°00'00"W, of Johnson County, Iowa, at the Commission Number 732619 along the South Line of said owner's expense, all as provided My Commission E)(plreS Southwest Quarter, 49.10 feet to by law. January 2],2014 I the Westerly Right-of-Way Line of SECTION IV. REPEALER. All -_ Normandy Drive; Thence ordinances and parts of ordinances N00°07'57"E, along said Westerly in conflict with the provisions of Right-of-way Line, 265.00 feet to this Ordinance are hereby repealed. the Southeast Corner of a tract of SECTION V. SEVERABILITY. If Land described in Deed Book 288, any section,provision or part of the at Page 13 of the Records of Ordinance shall be adjudged to be Johnson County Recorder's Office invalid or unconstitutional, such and the Point of Beginning;Thence adjudication shall not affect the N90°00' 00"W, 152.51 feet to the validity of the Ordinance as a whole Easterly Line of a Tract of Land as or any section, provision or part Recorded in Plat Book 2, at Page thereof not adjudged invalid or 108 of the Records of the Johnson unconstitutional. County Recorder's Office; Thence SECTION VI. EFFECTIVE DATE. N00°04'03"W, along said Easterly This Ordinance shall be in effect Line, 99.76 feet; Thence after its final passage, approval S89°58'57"E, 152.86 feet to said and publication, as provided by Westerly Right-of-Way Line of law. Normandy Drive; Thence Passed and approved this 18th S00°07'57"W,along said Right-of- day of June,2013. Way Line, 99.71 feet,to the Point s/Matthew J.Hayek,Mayor of Beginning. Said tract of land Attest: s/Marian K. Karr, City containing 0.35 acres, more or Clerk less,and subject to easements and restrictions of record. PC-6099923329 June 27,2013 515 Normandy: I � r j 447. 11 mle aft=HAT 1"%ali.. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.iegov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) 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. 13-4538, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 27, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. \\�� � •. Voparil Deputy City Clerk OFFICIAL PUBLICATION SECTION II.REPEALER• All ordi- Printer's Fee$ 3 5 3(.0 ORDINANCE NO.13-4538 nances and parts of ordinances in ORDINANCE AMENDING TITLE conflict with the provision of this 4, ALCOHOLIC BEVERAGES, Ordinance are hereby repealed. CERTIFICATE OF PUBLICATION CHAPTER 1, DEFINITIONS, SECTION III. SEVERABILITY. If SECTION 1, DEFINITIONS, TO any section,provision or part of the AMEND THE DEFINITION OF Ordinance shall be adjudged to be STATE OF IOWA, "PERFORMER" TO INCLUDE invalid or unconstitutional, such those TAKING PART IN A adjudication shall not affect the PERFORMANCE OF THEATER, validity of the Ordinance as a JOHNSON COUNTY,SS: AND TO ADD A DEFINITION FOR whole or any section, provision or "THEATER". part thereof not adjudged invalid or WHEREAS,the City has and does unconstitutional. wish to foster quality entertainment SECTION IV. EFFECTIVE DATE. THE IOWA CITY PRESS-CITIZEN venues within the City;and This Ordinance shall be effective WHEREAS,one way in which the upon publication. City has fostered said entertain- Passed and approved this 18th FED.ID#42-0330670 ment is by creating the"entertain- day of June,2013. ment venue" exception to the s/Matthew J.Hayek,Mayor Under 21 ordinance;and Attest: s/Marian K. Karr, City I,�r7 g g WHEREAS, performers of music, Clerk comedy,and poetry or prose have been considered "performers" PC-6000023328 June 27,2013 being duly sworn, say that I am erunder of our ordinance, e, but perform- the legal clerk of the IOWA CITY foWHEREAS, le gitiimate, live per- PRESS-CITIZEN,a newspaper included under our ordinance;and WHEREAS, the City intends to published in said county,and continue to exclude disc jockeys as performers;and that a notice,a printed copy of WHEREAS,it is in the best inter- est of the City to adopt this amend- which is hereto attached,was ment. NOW, THEREFORE, BE IT published in said paper I ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA time(s),on the following date(s): CITY,IOWA: SECTION I.AMENDMENTS. TITLE 4, ALCOHOLIC CANE y BEVERAGES, CHAPTER 1, AV ' i� DEFINITIONS, SECTION 1, DEFINITIONS, is hereby amended ��/I r !/ / be deleting the definition of "PERFORMER" in its entirety and • replacing it with the following Ian- , guage: PERFORMER: Live person(s)per- ' LegalYk forming for the entertainment of an audience by doing at least one of Subscribed and sworn to the following: A.Playing musical instrument(s). be a me this .- . -4-1-day of B.Singing. C.Performing comedy. A.D. 20/3 C. Reading works of poetry or prose. E.Performing theater. � For purposes of this title,those /ter—� whose primary role is to play or select prerecorded music or content, such as disc jockeys Notary Public (DJs), are not considered per- formers. TITLE 4, ALCOHOLIC at• LINDAKROTZ BEVERAGES, CHAPTER 1, J� * DEFINITIONS, SECTION 1, • Commission Number 732619 DEFINITIONS, is hereby amended • My Commission Expires�� be adding the definition of 0*. January 21.2014 "THEATER"as follows: THEATER:A depiction or dramatic representation by live perform- ers of people and/or events real or imagined.Theater per- formances must provide seat- ing with a view of the stage sufficient to accommodate at least 50% of the occupant load. Additionally, during the time of the show,there can be no venue space dedicated to patron dancing, or any other patron activity other than eat- ing,drinking,and watching the theater performance. r 1 ..CMG Alt II I 143;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. 13-4539, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of June, 2013, all as the same appears of record in my office and published in the Iowa City Press- Citizen on June 27, 2013. Dated at Iowa City, Iowa, this 8th day of July 2013. K. Voparil Deputy City Clerk 1 c-Nk_k_k,..A,:,,,..\7,31, c ja.„0,,c,\ .„,,,,td,_ OFFICIAL PUBLICATION WHEREAS, in some instances in 2. Title 9, entitled "Motor the Iowa Code and the City ORDINANCE NO.13-4539 ty Code Vehicles and Traffic,"is amended ORDINANCE AMENDING "traffic" includes"parking,"and in by adding the following new TITLE 9, ENTITLED "MOTOR others "parking" is distinct from Chapter 11, entitled "Traffic VEHICLES AND TRAFFIC," OF "traffic";and Cameras, Drones, and License Printer's Fee$ (0-4- 5" THE CITY CODE BY ADOPTING WHEREAS,the initiative propos- Place Recognition Systems": AN ORDINANCE SIMILAR IN es an amendment to Title 9 of the General:The City shall not: SUBSTANCE TO THE City Code,and parking regulations A.Use any automatic traffic sur- CERTIFICATE INITIATIVE ON are contained in Chapters 4 and 5 veillance system or device,auto- TRAFFIC OF PUBLICATION TRAFFIC ENFORCEMENT of Title 9;and matic license plate recognition CAMERAS AND DRONES, WHEREAS, the initiative and system or device, or domestic STATE OF IOWA, AUTOMATIC LICENSE PLATE Section 9-1-1 of the City Code do drone system or device for the RECOGNITION SYSTEMS AND not define traffic, and Section enforcement of a qualified traffic OTHER KINDS OF TRAFFIC 321.1(84) of the Iowa Code does law violation,unless a peace offi- JOHNSON COUNTY,SS: SURVEILLANCE SYSTEMS, AND BY REPEALING not specifically include parking in its definition of traffic;and 9 cer or Parking Enforcement Attendant is present at the scene, ORDINANCE NO.12-4466 THAT WHEREAS, Section 9-1-1 of the witnesses the event,and person- THE IOWA CITY PRESS-CITIZEN ENABLED AUTOMATIC City Code defines"Department"to ally issues the ticket to the alleged TRAFFIC ENFORCEMENT. include the Transportation Services violator at the time and location of WHEREAS, Title VII of the City Department as well as the Police Y the violation;nor Charter provides for initiative and Department;and B. Store, archive, transmit, FED.ID#42-0330670 referendum under certain circum- WHEREAS, Section 9-1-1 of the share, publish, grant access to, stances;and City Code and Section 321.1(50)of sell, index, cross - reference, or I t7 S,�s�a-rz_ WHEREAS, on October 5, 2012, the Iowa Code define"peace offi- cer" otherwise aggregate, distribute, 9- analyze,petitioners Aleksey Gurtovoy and to include anyone authorized analyze, or process any data Martha Hampel filed with the City to"direct or regulate traffic;" and obtained through automatic traf- Clerk an affidavit to commence an WHEREAS,Section 321.236(1)(a) fic surveillance system or device, being duly sworn,say that I am initiative on the use of traffic of the Iowa Code states that con- automatic license plate recogni- enforcement cameras and drones, tested municipal "parking viola- tion system or device,or domes- the legal clerk of the IOWA CITY automatic license plate recognition tions" shall proceed in the same tic drone system or device unless systems and other kinds of traffic manner as"other traffic violations;" the data directly pertains to a PRESS-CITIZEN,a newspaper surveillance systems;and and qualified traffic law violation or WHEREAS, the City Clerk certi- WHEREAS, Section 9-1-3A(10- other criminal law violation for published in said county,and fied the petition as sufficient on 15,17-19)of the City Code autho- which a ticket, citation, or arrest May 9,2013;and rizes the City Manager or designee was issued or made by a peace that a notice,a printed copy of WHEREAS,if,within 60 days from to install traffic control devices, officer or Parking Enforcement May 9, 2013, Council does not including those regulating parking; Attendant who was present at the which is hereto attached,was adopt either the proposed initiative and scene. measure or an ordinance similar in WHEREAS, "ticket" is defined Definitions:As used in this chap- published in said paper substance, the proposed initiative broadly in the initiative to include ter: must be submitted to the voters; any "notice of liability," and a time(s),on the following date(s): "notice of fine"that the City issues o "Qualified violation law viy of g ( ) and Y tion" means a violation of any of WHEREAS, on February 1, 2012 for parking violations is a"notice of the following: G the Council adopted Ordinance No. liability,"and (1)any state or local law relat- . H NG ,A-1 „.i0 t 3 12-4466 which enabled an auto- WHEREAS, City parking atten- ing to compliance with a traffic mated traffic enforcement (ATE) dants as well as police officers control signal or railroad cross- I system to allow for red light auto- issue notices of fine for parking / y 9 ing sign or signal; mated traffic enforcement;and violations;and red 11 IF r (2)any state or local law limit- WHEREAS, Petitioners failed to WHEREAS,the substance of the ing the speed of a motor vehi- meet the deadlines set forth in initiative is to prohibit the use of cle;or Section 7.03(E)of the City Charter traffic surveillance systems in the (3)any state or local law regu- Legal •rk for the filing of a referendum peti- enforcement of traffic violations lating motor vehicle parking. tion with respect to Ordinance No. unless a ticket is issued in person B. "Ticket" means any traffic 12-4466;and at the scene, and to prohibit the ticket, citation, summons, or WHEREAS, nevertheless Council storage of data from those systems other notice of liability, whether Subscribed and sworn to chooses to repeal Ordinance No. unless the data pertains to a traffic civil, criminal, or administrative, before me this , la of 12-4466 because the City's use of violation or other criminal violation issued in response to an alleged / y ATE has been delayed due to the for which a ticket,citation or arrest qualified traffic law violation A.D.20 13 • Iowa State Department of was issued or made at the scene; detected or recorded by a traffic Transportation's rule-making pro- and surveillance system or device. cess for the use of ATE on state WHEREAS, an ordinance that C. "Automatic traffic surveil- routes,which,within Iowa City,are adds language to clarify that park- lance system or device"means a 5--- the high collision intersections at ing attendants may use cameras to device or devices including but which ATE would be most useful; not limited to a camera system(s) photo- Notar Pu 1 and enforce parking laws if they are that uses any electronic, photo- WHEREAS,there are ambiguities present to witness the parking vio- graphic, video, digital, or corn- LINDA KROTZ in the proposed initiative measure; lation is similar in substance to the puter system designed for the 0,4I.* and initiative;and purpose of producing a photo- Cotnmission Number 732619 WHEREAS, while the proposed WHEREAS, an ordinance that graph, microphotograph, video- • NI)!Commission Expires initiative measure is directed at adds language to clarify that the tape, digital video, or other • ow January 27;-2014_ regulate recorded image or digital record traffic surveillance devices, it proposal does not re ulate the use defines "automatic traffic surveil- of cameras by City staff for reasons of a vehicle and /or its operator lance system or device"to include other than identifying a vehicle for and/or its occupants that is used all cameras that"can be used"to traffic and parking enforcement to establish identity or ownership identify a vehicle or occupant,and purposes is similar in substance to of a vehicle and /or identify its therefore can be interpreted to pro- the initiative;and operator,owner,or occupants. hibit the use of all cameras by the WHEREAS,it is in the City's best D."Automatic license plate rec- City;and interests that its ordinances be ognition system" means a com- WHEREAS, City staff routinely clear and unambiguous;and, puter-based system(s) that cap- use cameras for a wide variety of WHEREAS,it is in the City's best tures an image of a license reasons unrelated to traffic enforce- interest to adopt an ordinance sim- plate(s)and converts it to a data ment, such as nuisance property ilar in substance to the proposed file to be compared with data- violations, Housing Code inspec- initiative measure and to repeal bases or hot lists generated by tions, crime scene investigations, Ordinance No.12-4466. various law enforcement agen- and cable television shows;and cies,and which produces an alert WHEREAS, as detailed below, it NOW, THEREFORE, BE IT when there is a match between is not clear whether the initiative ORDAINED BY THE CITY the collected license plate data pertains to parking violations;and COUNCIL OF THE CITY OF CITY, and those databases. WHEREAS, the initiative's defini- IOWA: E."Domestic drone,"e, "drone,"or tion of "qualified traffic law viola- SECTION I.AMENDMENTS. "unmanned aerial vehicle"means I tion" does not expressly include 1. Ordinance No. 12-4466 is an aerial vehicle that does not parking violations and the "data- hereby repealed. carry a human operator that can bases" or "hotlists" which are a fly autonomously or be piloted part of the definition of"automatic remotely that is equipped with license plate recognition systems" one or more on -board cameras are those generated by "law enforcement agencies;"and . 1 3 - -{-5-3 or other sensors for registering, observing, or recording persons, objects,or events or for transmit- ting such information as it is occurring or thereafter. F. "Parking Enforcement Attendant" means agents or employees designated to enforce the parking ordinances of the City. 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 effective upon publication. Passed and approved this 18th day of June,2013. s/Matthew J.Hayek,Mayor Attest: s/Marian K. Karr, City Clerk PC-8000023327 June 27,2013 szEi Alt 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. 13-4540, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 15, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. Julie K. Voparil Deputy City Clerk • . ,,,.„ . . t3 —L— -o a,3 s-0..._, ,\ OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.13-4540 at the Owner's expense, upon the final passage, AN ORDINANCE CONDITIONALLY REZONING 2.3 approval and publication of this ordinance,as provided ACRES OF LAND LOCATED SOUTHEAST OF THE by law. a INTERSECTION OF HIGHWAY 1 AND SUNSET SECTION V.REPEALER.All ordinances and parts of Printer's Fee$ ` STREET IN THE INTENSIVE COMMERCIAL (CI-1) ordinances in conflict with the provisions of this ZONE.(REZ13-00014) Ordinance are hereby repealed. WHEREAS,the Menard,INC.,is owner of certain real SECTION VI.SEVERABILITY.If any section,provision CERTIFICATE OF PUBLICATION estate in the Intensive Commercial(CI-1)zone located or part of the Ordinance shall be adjudged to be southeast of the intersection of Highway 1 and Sunset invalid or unconstitutional,such adjudication shall not Street;and affect the validity of the Ordinance as a whole or any STATE OF IOWA, WHEREAS, the Comprehensive Plan-South Central section,provision or part thereof not adjudged invalid District Plan indicates that the subject property is or unconstitutional. appropriate for Intensive or Highway Commercial SECTION VII. EFFECTIVE DATE. This Ordinance JOHNSON COUNTY,SS: development;and shall be in effect after its final passage,approval and WHEREAS, the Comprehensive Plan-South Central publication,as provided by law. District Plan states that entranceway aesthetics need Passed and approved this 6th day of August,2013. THE IOWA CITY PRESS-CITIZEN to be considered along Highway 1 West;and s/Matthew J.Hayek,Mayor WHEREAS, Iowa Code§414.5 (2013) provides that Attest:s/Marian K.Karr,City Clerk the City of Iowa City may impose reasonable condi- FED.ID#42-0330670 tions on granting an applicant's rezoning request,over CONDITIONAL ZONING AGREEMENT and above existing regulations,in order to satisfy pub- I ( a lic needs caused by the requested change;and THIS AGREEMENT is made between the City of Iowa .... 1 � "C—, WHEREAS, said property is subject to an existing City,Iowa,a municipal corporation(hereinafter"City"), Conditional Zoning Agreement (Ordinance No. Menard, Inc. (hereinafter "Owner"), and Chezik-Bell 96-3736) that requires a minimum 30-foot front set- Properties,L.C.(hereinafter"Applicant"). back;and being duly sworn,say that I am WHEREAS,the owner has requested that the existing WHEREAS,Owner is the legal title holder of approxi- Conditional Zoning Agreement(Ordinance No 96-3736) mately 2.3 acres of property located southeast of the the legal clerk of the IOWA CITY be repealed and replaced with a new Conditional intersection of Highway 1 and Sunset Street;and Zoning Agreement;and PRESS-CITIZEN,a newspaper WHEREAS,this conditional rezoning would allow the WHEREAS,the Owner has requested the rezoning of minimum setback along the Highway 1 frontage to be said property to amend the Conditional Zoning published in said county,and reduced from 30 feet to 11 feet in exchange for a Agreement by reducing the minimum setback require- higher level of screening and landscaping along the ment from the Highway 1 right-of-way from 30 feet to that a notice,a printed copy of property's frontage with Highway 1 and within the 11 feet;and parking area/display area. Other relevant conditions which is hereto attached,was from the 1996 conditional zoning agreement are includ- WHEREAS,the Planning and Zoning Commission has ed in the new conditional zoning agreement attached determined that,with appropriate conditions regarding published in said paper 1 hereto;and installation of extensive landscaping along the proper- time(s),on the following date(s): WHEREAS,the applicant agrees to develop the prop- ty's frontage with Highway 1,side lot lines,and to the erty in accordance with the terms and conditions of the northeast and southwest corners of the property,along Conditional Zoning Agreement attached hereto to with adherence to the other conditions enumerated in ensure appropriate development in this area of the city. the original Conditional Zoning Agreement(Ordinance (,)tl 15J d 01 WHEREAS,the Planning and Zoning Commission has No. 96-3736) and restated in the current CZA, the the reviewed the rezoning and determined that it com- requested zoning is consistent with the Comprehensive plies with the Comprehensive Plan-South Central Plan;and ` i 4tg District Plan policy for entranceway aesthetics provid- ed the conditions of the Conditional Zoning Agreement WHEREAS, Iowa Code§414.5 (2013) provides that attached hereto-are met;and the City of Iowa City may impose reasonable condi- NOW, THEREFORE, BE IT ORDAINED BY THE CITY tions on granting an applicant's rezoning request,over Legal Clerk COUNCIL OF THE CITY OF IOWA CITY,IOWA: and above existing regulations,in order to satisfy pub- SECTION I APPROVAL. The property described lic needs caused by the requested change;and below is hereby zoned Intensive Commercial (CI-1), Subscribed and sworn to subject to the conditions stated in the Conditional WHEREAS, the Owner acknowledges that certain Zoning Agreement attached hereto and incorporated conditions and restrictions are reasonable to ensure befo a me this IS ----day of herein by this reference: the development of the property is consistent with the A.D. 20/3 • LEGAL DESCRIPTION Comprehensive Plan and the need for protection of _ i.0--1 Lot 1 Westport Plaza—Part Two,Iowa City,Iowa. environmentally-sensitive areas;and (� SECTION II. ZONING MAP The building official is hereby authorized and directed to change the zoning WHEREAS,the Owner agrees to develop this property map of the City of Iowa City, Iowa,to conform to this in accordance with the terms and conditions of a amendment upon the final passage,approval and pub- Conditional Zoning Agreement. lication of the ordinance as approved by law. ublic. SECTION III. CONDITIONAL ZONING AGREEMENT. NOW, THEREFORE, in consideration of the mutual {,y w' The mayor is hereby authorized and directed to sign, promises contained herein, the parties agree as fol- „, � mjssjplt Number 732619• and the City Clerk attest, the Conditional Zoning lows: if C My Commission Ex 4fe5 Agreement between the property owners)and the City. 27 20 SECTION IV. CERTIFICATION AND RECORDING. 1.Menard,Inc.is the legal title holder of the property ow • 120U _ Upon passage and approval of the Ordinance,the City legally described as: Lot 1 Westport Plaza-Part Clerk is hereby authorized and directed to certify a Two, Iowa City, Iowa, Book 38, Page 257 copy of this ordinance, and record the same in the Johnson County Recorder. Office of the County Recorder,Johnson County,Iowa, • a of, . ter . OFFICIAL PUBLICATION OFFICIAL PUBLICATION 2.Chezik-Bell Properties,L.C.has a leasehold inter- minimum of three different species of trees.The est in the above-described property. attached landscape plan shall constitute the minimum standard that shall be maintained 3. The Owner and Applicant acknowledge that the over time. Landscaped green space and set- City wishes to ensure conformance to the princi- back areas may be increased,but shall not be pies of the Comprehensive Plan and the South reduced to less than what is shown on the Central District plan.Further,the parties acknowl- attached plan. edge that Iowa Code§414.5(2013)provides that the City of Iowa City may impose reasonable con- 5.The Owner,Applicant and City acknowledge that ditions on granting an applicant's rezoning request, the conditions contained herein are reasonable over and above the existing regulations,in order to conditions to impose on the land under Iowa Code satisfy public needs caused by the requested §414.5 (2013), and that said conditions satisfy change. public needs that are caused by the requested zoning change. 4. In consideration of the City's rezoning the subject property,Owner and Applicant agree that develop- 6.The Owner,Applicant and City acknowledge that in ment of the subject property will conform to all the event the subject property is transferred,sold, other requirements of the zoning chapter,as well redeveloped,or subdivided,all redevelopment will as the following conditions: conform with the terms of this Conditional Zoning Agreement. a.The development of the subject property shall have no direct vehicular access onto Highway 7. The parties acknowledge that this Conditional 1. Access to the subject property shall be Zoning Agreement shall be deemed to be a cove- through the existing access drives from adja- nant running with the land and with title to the land, cent properties. and shall remain in full force and effect as a cove- b.Prior to the issuance of a building permit on the nant with title to the land,unless or until released subject property, Owner shall dedicate to the of record by the City of Iowa City. 'radjacent property owners a cross-access ease- ment to allow vehicular access between proper- The parties further acknowledge that this agreement ties located to the north and south of the sub- shall inure to the benefit of and bind all succes- ject property. This access easement shall be sors,representatives,and assigns of the parties. shown on all site plans for future development and may be located through the parking lot 8.The Owner and Applicant acknowledge that noth- aisles. ing in this Conditional Zoning Agreement shall be c.No outdoor storage of merchandise or material, construed to relieve the Owner or Applicant from except for that associated with auto vehicle complying with all other applicable local, state, sales, plant nurseries, and florist shops, shall and federal regulations. occur within 100 feet of the Highway 1 right-of- way. Outdoor storage areas located beyond 9. The parties agree that this Conditional Zoning 100 feet of the Highway 1 right-of-way shall be Agreement shall be incorporated by reference into screened with a solid wall at least six feet in the ordinance rezoning the subject property, and height.A planted landscape bed a minimum of that upon adoption and publication of the ordi- 15 feet in depth shall be located adjacent to any nance, this agreement shall be recorded in the such wall between the wall and the Highway 1 Johnson County Recorder's Office at the right-of-way,and no parking or paving shall be Applicant's expense. allowed within the 15-foot landscape bed. d.Loading docks and receiving areas shall not be Dated this 6th day of August,2013. located on any wall facing Highway 1.Loading CITY OF IC7wA CITY docks in other locations that are visible from Highway 1 shall be screened in accordance with applicable performance standards set forth By:Matthew J.Hayek,Mayor in the Iowa City Code of Ordinances. e. All parking aisles shall terminate with a land- Attest: scape bed a minimum of nine feet in depth.The , landscape beds shall be planted with parking lot trees,which may count towards the parking Marian K.Karr,City Cierk area trees otherwise required by City ordinanc- es. e f. Only one free-standing sign shall be permitted j,.-_, on the subject property. By,Toren r, J r {F AkaM7PY g. If signage is to be lighted,it shall be internally illuminated. • h.The parking/display area shall be setback and By: landscaped in accordance with the attached landscape plan dated 5/29/13 and marked as Chezik-Beat Properties,LC.,APPLICANT revised on 6/11/13. The minimum setback along the Highway 1 frontage shall be 11 feet, but shall be deeper on the north and south ends ?Ag.131 of the parking/display aisle as shown. Landscaping shall extend along the side lot lines and into the parking lot islands as illus- trated on said landscape plan with use of a PC-6000025156 August 15,2013 Q .3 z— 'ERgE '10 1" Wm~ W JW� / CO W EEit) ,y2 0 'T,. .i mPJ9 v � ER m,c NOIr-o Z o u —m' Yo WZX QZa 0 k f Sa o c W 3 8 1 y Q or z � al a p' as l $ 2�Nw aI 6 la 1 S ' o0 a 0 =w 1 j ll l $##NVF# eegenl g" 3Ego Il Q NK.Q i &� S§A a a j 55 o i I 111 q12 C I # 11gAue1.3)01~ I S �g a c °a TO X 04,1,...., dpi eop Ct I- M Q N 0 v Q O e W a a _ i s A © ® ®� n m W � < ig l!g1 gu ta � ELI A 0. 1 4 b� N M o ..s! ° fop+o .oo S 4,° n ho H z i 3 W 99 +° +o 0 Q ° ` ' U U) I Wass E ' ; � 44 ° �� , » °° ° °w d N �`°te° I..� it►. �, ��o m‘ 3 a o 3 `� r 1 t VIII - •14 imam lajiir 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. 13-4541, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. \, Julie Voparil p Deputy City Clerk OFFICIAL PUBLICATION SECTION VII. EFFECTIVE DATE.This Ordinance shall ORDINANCE NO.13-4541 be in effect after its final passage,approval and publi- AN ORDINANCE CONDITIONALLY REZONING cation,as provided by law. Printer's Fee S.:4)3�.�D� APPROXIMATLEY 1.12 ACRES OF PROPERTY, Passed and approved this 20th day of August,2013. LOCATED SOUTH OF ROCHESTER AVENUE ON s/Matthew J.Hayek,Mayor THE EAST SIDE OF EASTBURY DRIVE, FROM Attest:s/Marian K.Karr,City Clerk CERTIFICATE OF PUBLICATION USE(MU).I(REZ13-00016)COMMERCIAL (CC-2) TO MIXED CONDITIONAL ZONING AGREEMENT WHEREAS,the applicant,Larry E.Bell,has requested THIS AGREEMENT is made between the City of Iowa a rezoning of property located south of Rochester City,Iowa,a municipal corporation(hereinafter"City"), STATE OF IOWA, Avenue on the east side of Eastbury Drive from and Larry E.Bell(hereinafter"Owner"). Community Commercial (CC-2) to Mixed Use (MU); WHEREAS,Owner is the legal title holder of approxi- and mately 1.12 acres of property located on Eastbury JOHNSON COUNTY,SS: WHEREAS, the Comprehensive Plan indicates that Drive;and the subject property is appropriate for a mixed use WHEREAS,the Owner has requested the rezoning of neighborhood commercial center;and said property from Community Commercial(CC-2)to THE IOWA CITY PRESS-CITIZEN WHEREAS,the Planning and Zoning Commission has Mixed Use(MU);and the reviewed the proposed rezoning and determined WHEREAS,the Planning and Zoning Commission has that it complies with the Comprehensive Plan provided determined that,with appropriate conditions regarding FED.ID#42-0330670 that it meets conditions addressing the need for adher- ence to the submitted site plan and approval by the general conformance with the submitted site plan and I' L-‘% '\L\ � Design Review Committee;and review and approval by the Design Review;and ' WHEREAS, Iowa Code§414.5 (2013) provides that WHEREAS, Iowa Code§414.5 (2013) provides that the City of Iowa City may impose reasonable condi- the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request,over tions on granting an applicant's rezoning request,over and above existing regulations,in order to satisfy pub- and above existing regulations,in order to satisfy pub- being duly sworn,say that I am lic needs caused by the requested change;and 9 lic needs caused by the requested change;and the le al clerk of the IOWA CITY WHEREAS,the applicant has agreed that the prop- WHEREAS, the Owner acknowledges that certain j g erty shall be developed in accordance with the terms conditions and restrictions are reasonable to ensure PRESS-CITIZEN a news a eY and conditions of the Conditional Zoning Agreement the development of the property is consistent with the i p p attached hereto to ensure appropriate development in Comprehensive Plan,the need for approval of the sub- + p ublished in said count and this area of the city. mitted site plan by the Design Review committee and ) NOW,THEREFORE,BE IT ORDAINED BY THE CITY adherence to the site plan;and that a notice,a rinted co Of COUNCIL OF THE CITY OF IOWA CITY,IOWA: WHEREAS,the Owner agrees to develop this prop- P py SECTION I APPROVAL. Subject to the Conditional erty in accordance with the terms and conditions of a which is hereto attached was Zoning Agreement attached hereto and incorporated Conditional Zoning Agreement. herein,property described below is hereby reclassified NOW, THEREFORE, in consideration of the mutual published in said paper_t____ from its current zoning designation of CC-2 to MU: promises contained herein, the parties agree as fol- Beginning at the Southeast corner of Lot 46, Old s:11. Larry Bell is the legal title holder of the property time(s),on the following date(s): Towne Village,Iowa City,Iowa,in accordance with the legally described as: Plat thereof recorded in Plat Book 49,at Page 321,in Beginning at the Southeast corner of Lot 46,Old al,k 51— d�� D6i3 the Records of the Johnson County Recorder's Office; Towne Village,Iowa City,Iowa,in accordance with J�A thence S89°39'39"W,along the south line of said Lot the Plat thereof recorded in Plat Book 49,at Page 46, a distance of 2.39 feet; thence southwesterly, 321, in the Records of the Johnson County v 110.00 feet, along said south line, and an arc of a Recorder's Office;thence S89°39'39"W,along the A 780.00 foot radius curve, concave southeasterly, south line of said Lot 46,a distance of 2.39 feet; whose 109.91 foot chord bears S85°37'14"W, to the thence southwesterly, 110.00 feet, along said southwest corner thereof;thence N57°01'51"W,along south line, and an arc of a 780.00 foot radius Le al Clerk the west line of said Lot 46,a distance of 23.79 feet; curve, concave southeasterly,whose 109.91 foot g thence N15°03'15"W, along said west line of Lot 46, chord bears S85°37'14"W,to the southwest cqr- and the west line of Lot 47 of said Old Towne Village, ner thereof;thence N57°01'51"W,along the west 260.54 feet;thence N29°56'45"E,along said west line line of said Lot 46,a distance of 23.79 feet;thence Subscribed and corner thereof;to of Lot 47, a distance of 22.63 feet,to the northwest N15°03'15"W,along said west line of Lot 46,and bef a me this cy'T"'day of the west line of Lot 47 of said Old Towne Village, /3 ereof; thence N74°56'45"E, along the north 260.54 feet;thence N29°56'45"E,along said west L A.D.20 /3 , line of said Lot 47, a distance of 159.91 feet;thence line of Lot 47, a distance of 22.63 feet, to the S15°03'15"E,125.46 feet,to a point on the east line of northwest corner thereof; thence N74°56'45"E, said Lot 47;thence S00°22'52"E,along said east line, along the north line of said Lot 47, a distance of / and the east line of said Lot 46,a distance of 182.41 159.91 feet;thence S15°03'15"E,125.46 feet,to a i/:..-_,.. feet,to said Point of Beginning,containing 1.12 acres, point on the east line of said Lot 47; thence and subject to easements and restrictions of record. S00°22'52"E,along said east line,and the east line SECTION II. ZONING MAP. The building official is of said Lot 46, a distance of 182.41 feet,to said Notary Public hereby authorized and directed to change the zoning Point of Beginning, containing 1.12 acres, and at LINDA K 07Z map of the City of Iowa City, Iowa,to conform to this subject to easements and restrictions of record. do amendment upon the final passage,approval and pub- 2.The Owner acknowledges that the City wishes to . Commission Number lication of the ordinance as approved by law. ensure conformance to the principles of the 11A11 Commission Expires SECTION III. CONDITIONAL ZONING AGREEMENT. Comprehensive Plan and the Northeast District °�' January 27,��4 I The mayor is hereby authorized and directed to sign, plan. Further, the parties acknowledge that Iowa and the City Clerk attest, the Conditional Zoning Code§414.5(2013)provides that the City of Iowa Agreement between the property owner and the City, City may impose reasonable conditions on grant- following passage and approval of this Ordinance. ing an applicant's rezoning request, over and SECTION IV. CERTIFICATION AND RECORDING. above the existing regulations, in order to satisfy Upon passage and approval of the Ordinance,the City Clerk is hereby authorized and directed to certify a public needs caused by the requested change. copy of this ordinance, and record the same in the 3.In consideration of the City's rezoning the subject Office of the County Recorder,Johnson County,Iowa, property, Owner agrees that development of the at the Owner's expense, upon the final passage, subject property will conform to all other require- approval and publication of this ordinance,as provided ments of the zoning chapter,as well as the follow- by law. ing conditions: SECTION V. REPEALER.All ordinances and parts of a. General adherence to the submitted site plan ordinances in conflict with the provisions of this attached here to and by reference made part of Ordinance are hereby repealed. this agreement. SECTION VI,SEVERABILITY If any section,provision b.Approval of the building design by the Design or part of the Ordinance shall be adjudged to be Review committee. invalid or unconstitutional,such adjudication shall not 4.The Owner and City acknowledge that the condi- affect the validity of the Ordinance as a whole or any tions contained herein are reasonable conditions section,provision or part thereof not adjudged invalid to impose on the land under Iowa Code §414.5 or unconstitutional. (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5.The Owner and City acknowledge that in the event the subject property is transferred,sold, redevel- oped, or subdivided, all redevelopment will con- form with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a cove- nant running with the land and with title to the land, and shall remain in full force and effect as a cove- nant with title to the land,unless or until released of record by the City of Iowa City. The parties further acknowledge that this agree- ment shall inure to the benefit of and bind all suc- cessors, representatives, and assigns of the par- ties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordi- nance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 20th day of August,2013. CITY OF IOWA CITY s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr Applicant: s/Larry Bell PCb000025710 August 29,2013 ¢��� a aO u9 � azd, U M rn W Z U fnJ N N m r}P- S: e 2 H Q �� J 14 >> O Z� 11 cii EE0 w% *ate -10rn s a2 L r2 c7� F Z QQs Ug°z¢� M C yy W a-Q J � LL JS 1S g8Z wP" 3 > Zo H— aWF O m f m r °zz mQ E a9 gn W ow �Z co rr �p o as V oo?� 090 E C, o Sv ii 1 N a j m 3 x O O W Z O o i aw�wz w N= a za z W J c �d �S g Z i a K lb J O r y t/ ° Z 2 O Q W § j K K ¢ O O ] W W W W o O X o Q g LL n il O O 0001. . v O W — Z P II► w o K N U 0_ U W W xZ o d = iw w Z - ,,-;2, O FJ a U Ail '�^/� W I aei►o+.' ''t� A q e.ANA '..-4,0‘ , • to .73 o°. IiIIII —ts , \ye, ,, ,fir. , ,,_,.,....,. ir, \' egIntiterviikire ,^ \ (lib: ,,,e,*..° 1*,1°.2 *.1-:-V°';;;f"' Wili tl■• \ \1 1,0. , ',..t; I. ..t: --11:41.'s'-..r.•4411,4* - 1 t5 o 1,10 1 92. , ,, \fr5 ro e ` .0 �� \will mod' t ao e° t 0......,k,„,..,,,.. ...k.....11.---" wits ‘ -i, 1". \ • 0 • __ .•____ . ._\ \ , \ ‘, „ \ ,, \ \ \ „ \ • \ \ I j ges qr. 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. 13-4542, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. Voparil Deputy City Clerk occurred.Any such restoration OFFICIAL PUBLICATION must be completed within 2 SECTION II. REPEALER. All ORDINANCE NO.13-4542 years of the date the structure ordinances and parts of ordinances AN ORDINANCE AMENDING was destroyed or damaged; in conflict with the provisions of —1-c.),(00 Printer's Fee$ TITLE 14: ZONING CODE TO otherwise the property must this Ordinance are hereby repealed. ALLOW THE BOARD OF revert to a conforming use. SECTION III. SEVERABILITY. If ADJUSTMENT TO GRANT A 2. A lot or portion of a lot upon any section,provision or part of the CERTIFICATE OF PUBLICATION SPECIAL EXCEPTION FOR A which is located a structure for Ordinance shall be adjudged to be NON-CONFORMING USE OR a nonconforming use,or other invalid or unconstitutional, such OTHER UNPERMITTED USE THAT unpermitted use,that has been adjudication shall not affect the STATE OF IOWA, HAS BEEN IN EXISTENCE FOR previously est,;bost:erC a _, in validity of the Ordinance as a whole OVER 25 YEARS TO BE REBUILT exis"'nce for over twenty-five or any section, provision or part UNDER CERTAIN CONDITIONS, (25) years that has teen thereof not adjudged invalid or EVEN IT IS DESTROYED OR unconstitutional. JOHNSON COUNTY,SS: DAMAGED TO MORE THAN 75% exp osion, actof Go by d or by a SECTION IV. EFFECTIVE DATE. OF ITS ASSESSED VALUE. public enemy to the extent of This Ordinance shall be in effect THE IOWA CITY PRESS-CITIZEN WHEREAS,the Zoning Code cur- 75 percent or more of the after its final passage,approval and rently allows a nonconforming use assessed value of the structure publication,as provided by law. that is damaged by fire,explosion, at the time of damage or Passed and approved this 20th FED.ID#42-0330670 act of God or by a public enemy to destruction, must revert to a day of August,2013. less than 75% of the assessed conforming use,unless a spe- value to be rebuilt, however, if cial exception is granted by the s/Matthew J.Hayek,Mayor I ��.ya .._ damaged or destroyed to 75% or Board of Adjustment according Attest: s/Marian K. Karr, City x.11 more,the nonconforming use may to the provisions of paragraph Clerk not be re-established and the prop- 4, below. The provisions for a i erty must revert to a conforming special exception as outlined August 29,2013 being duly sworn,say that I am use;and in paragraph 4 below shall not WHEREAS,in certain other situa- PC-5000025708 the legal clerk of the IOWA CITY tions,the Zoning Code allows the apply or be available to a non- conforming or illegal residential Board of Adjustment to provide occupancy. PRESS-CITIZEN,a newspaper some relief to the strict application 3. For purposes of this subsec- of the nonconforming use provi- tion,the extent of the damage published in said county,and sions in acknowledgement that not will be determined by the every nonconforming or unpermit- Building Official based on that a notice,a printed copy of ted use is incompatible with the credible evidence provided by surrounding land uses or neighbor- the property owner. which is hereto attached,was hood and in some cases may even 4.The Board of Adjustment may i be viewed as an asset to the neigh- grant a special exception for published in said paper borhood;and uses detailed in paragraph 2 WHEREAS, since previously above provided the following time(s), on the following date(s): unpermitted uses that have been in conditions are met: existence for more than 25 years a. An application for the special will have established a track record exception to restore the use Pt u&,S�- <D-Ci,a013 regarding compatibility or incom- must be filed with the City patibility with the surrounding uses within one year of the date the and neighborhood, and therefore structure was destroyed or should be given an opportunity to damaged;and be rebuilt,similar to nonconforming b. The restored structure for the uses as noted above;and use may be redesigned or WHEREAS,it is in the best inter- located on the property in Legal Clerk ests of the City to provide an order to increase the compati- opportunity for applicants to bring bility with surrounding uses, their individual cases before the but neither the structure nor Board of Adjustment for a public Subscribed and sworn to use may enlarged beyond 1Q hearing if they wish to restore a what existed ed before such dam- be ore me this c�� day of nonconforming use or an unpermit- age or destruction occurred; ted use that has been damaged or and A.D.20 /3 destroyed by fire,explosion or act c.Prior to the damage or destruc- of God or by a public enemy to tion, the intensity of the use 75%or more of its assessed value, and the activities, operations, where each case can be judged on buildings and other aspects of 1 its own merits and the public will the use were generally corn- have an opportunity to provide patible with the surrounding Notary Public input;and neighborhood;and } WHEREAS, the Planning and d. The proposal for the restored oat LIN On Zoning Commission has reviewed use will be equally or more this ordinance amendment and com atible with the surround- COfTitfllSSltif31�lu1Tllef 732619 recommends approval. p ing neighborhood as was the • • My Commission EXpfes NOW, THEREFORE, BE IT use prior to the damage or �+� January 27,2014 ORDAINED BY THE CITY destruction. The Board of COUNCIL OF THE CITY OF IOWA Adjustment may consider such CITY,IOWA: factors as traffic generation, SECTION I. The Code of parking, hours of operation, Ordinances of the City of Iowa City, noise,dust,aesthetics,screen- Iowa is hereby amended as fol- ing, amount of customer traf- lows: fic; number of employees , A. Delete subsection 14-4E-5E, residents, or occupants of a Damage and Destruction,and sub- building or business; and any stitute in lieu thereof: other factors that relate to the E.Damage or Destruction compatibility of the noncon- 1. Any structure for a noncon- forming or previously estab- forming use which has been lished use with the surrounding destroyed or damaged by fire, neighborhood and uses;and explosion, act of God or by a e.Once restored/rebuilt,the non- public enemy to the extent of conforming or previously less than 75 percent of the established unpermitted use assessed value of the structure will retain or be conferred non- at the time of damage or conforming status. The Board destruction, may be restored of Adjustment may impose for the same nonconforming additional conditions such that use as existed before such the conference of non-con- damage. However, the non- forming status is limited. conforming use must not be enlarged to more than what existed before such damage 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. 13-4543, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. `\ Ju- . Voparil Deputy City Clerk OFFICIAL PUBLICATION c.The site must be designed ORDINANCE NO.13-4543 to promote safe and con- Printer's Fee$ /-01� ORDINANCE AMENDING TITLE venient pedestrian, bicy- 14 OF THE ZONING CODE TO cle,and vehicular circula- ALLOW SCHOOLS OF tion to the school accord- GENERALIZED INSTRUCTION ing to the standards set CERTIFICATE OF PUBLICATION BY SPECIAL EXCEPTION IN THE forth in subsection 14-2C- COMMUNITY COMMERCIAL 6F, Pedestrian, Bicycle, (CC-2)ZONE. and Vehicular Circulation. STATE OF IOWA, WHEREAS, General Educational Pedestrian walkways Facilities are currently not permit- must be established con- ted in the CC-2 zone;and necting the main JOHNSON COUNTY,SS: WHEREAS,the intent of the CC-2 entrance(s) of the school zone is to provide for major busi- to adjacent � public side- ness districts serving a significant walks and trails. THE IOWA CITY PRESS-CITIZEN segment of the total community SECTION II. REPEALER. All population with large traffic-gener- ordinances and parts of ordinanc- ating uses;and es in conflict with the provisions of FED.ID#42-0330670 WHEREAS, CC-2 zones serve this Ordinance are hereby repealed. primarily as retail centers, but in SECTION III. SEVERABILITY. If a some locations educational facili- 1, (`� ���� ties could be a compatible use; any section,provision e r A t the p Ordinance shall be adjudged to be and invalid or unconstitutional, such WHEREAS, allowing General adjudication shall not affect the Educational Facilities in the CC-2 validity of the Ordinance as a being duly sworn,say that I am zone by Special Exception will pro- whole or any section,provision or vide for review by the Board of part thereof not adjudged invalid or the legal clerk of the IOWA CITY Adjustment to consider the com- unconstitutional. patibility of the use for the specific SECTION IV. EFFECTIVE DATE. •PRESS-CITIZEN,a newspaper commercial location,based on fac- This Ordinance shall be in effect tom such as traffic patterns and after its final assa e, approval published in said county,and provision of safe pedestrian access and publication, as providepd by to the school;and law. that a notice,a printed copy of WHEREAS, the Planning and Passed and approved this 20th Zoning Commission has reviewed day of August,2013. which is hereto attached,was the ordinance and recommended y g s/Matthew J.Hayek,Mayor that the proposal be approved. Attest: s/Marian K. Karr, City ORDAINED BY THE CITY Clerk time(s),on the following date(s): COUNCIL OF THE CITY OF IOWA pp8030025771 August 29,2013 CITY,IOWA: t54' C- D-®'3 SECTION I. The Code of �J� i Ordinances of the City of Iowa City, Iowa is hereby amended as fol- lows: < t4 A. Amend Table 2C-1, Principal —y.p Uses Allowed in Commercial Zones,by labeling Educational Legal Clerk Facilities,General as"S"in the g column for the CC-2 Zone. B.Insert a new paragraph 8 with- in Subsection 14-4B-4D as fol- Subscribed and sworn to lows, and re-number subse- quent e%me this �9�'day of 8ueen paragraphs accordingly: (J in 8.General Education Facilities A.D.20 'j in the CC-2 Zone: a.The use will be functionally compatible with surround- ing uses and will not inhib- CT���-�� inhib- it retail and service uses for which the zone is pri- marily intended. The Notary Public Board may consider such factors as site layout,size 1a4 LINDA KROTZ and scale of the develop- ment, and traffic circula- Commission Number 732619 ton. • My Commission Expires b. The use must provide a °"" January 27,2014 1 drop-off/pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. The drop-off/ pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights-of-way. • 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. 13-4544, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. \\,' Julie Voparil Deputy City Clerk B. Deleting paragraph 14-4B-4B- OFFICIAL PUBLICATION 10 and substituting in lieu there- ORDINANCE NO.13-4544 of: Printer's Fee$ ' I •`1? AN ORDNANCE AMENDING 10.Drinking Establishments in TITLE 14: ZONING CODE TO the CH-1, CC-2, CB-2, CB-5, MODIFY THE REGULATIONS CB-10 Zones REGARDING THE SPACING OF Within the University Impact CERTIFICATE OF PUBLICATION DRINKING ESTABLISHMENTS Area,as illustrated on Map 2B.1 SO THAT THE 500-FOOT within Section 14-2B-6 or the SPACING RULE WOULD ONLY Riverfront Crossings District,as STATE OF IOWA, APPLY TO PROPERTIES WITHIN illustrated in Figure 2C.8 within THE UNIVERSITY IMPACT AREA Section 14-2C-11 a Drinking AND THE RIVERFRONT Establishment,as defined in this JOHNSON COUNTY,SS: CROSSINGS DISTRICT. Title, must be separated by a WHEREAS,studies show that the minimum distance of 500 feet increase in the concentration of from any other Drinking THE IOWA CITY PRESS-CITIZEN alcohol-related uses is correlated Establishment. Distance shall to the overconsumption of alcohol be measured along a straight and prevalence of underage drink- line from the nearest property FED.ID#42-0330670 ing;and line (or nearest point of the WHEREAS, studies also show leased building space) of the that an increase in the concentra- proposed use to the nearest I L'. tion of alcohol-related uses con- property line(or nearest point of 9 > tributes to an increase in violence the leased building space) of and crime;and any other Drinking duly sworn,say that I am WHEREAS, in 2009 the City Establishment. For example, in being y , y established spacing requirements the case of a Drinking the legal clerk of the IOWA CITY for drinking establishments Establishment that is located on throughout Iowa City;and a lot with multiple leased build- .PRESS-CITIZEN a newspaper WHEREAS, due to the negative ing spaces,such as a shopping externalities associated with a con- mall, the distance is measured published in said county,and centration of drinking establish- from the nearest point of the merits such as bars and pubs,it is leased building space occupied that a notice,a Minted copy in the public interest to prevent by a Drinking Establishment to p py of further concentration of these the nearest property line or which is hereto attached,was types of uses in locations within leased building space of any and near downtown Iowa City and other Drinking Establishment. published in said paper the University of Iowa campus SECTION II.REPEALER.All ordi- p p p f where the demand for these types names and parts of ordinances in time(s), the following date(s): of land uses is highest;and conflict with the provisions of this � �,on t ow g � �: WHEREAS, a concentration of Ordinance are hereby repealed. drinking establishments outside SECTION III. SEVERABILITY. If � C L a` '3 the central establishments and the University any section,provision or part of the J"r Impact Area has not occurred and Ordinance shall be adjudged to be is less likely to occur such that invalid or unconstitutional, such spacing requirements for drinking adjudication shall not affect the establishments is not necessary validity of the Ordinance as a whole and may be unduly restricting eco- or any section, provision or part nomic development opportunities thereof not adjudged invalid or Legal Clerk inNOtW,ngTHEREFORE, BE IT unconstitutional.(EFFECTIVE DATE. ORDAINED BY THE CITY This Ordinance shall be in effect COUNCIL OF THE CITY OF IOWA after its final passage, approval Subscribed and sworn to CITY,IOWA: and publication. befo e me this SECTION I. The Code of Passed and approved this 20th '�day of Ordinances of the City of Iowa City, day of August,2013. s-e,� A.D.20 /3 . Iowa is hereby amended as fol- s/Matthew J.Hayek,Mayor lows: Attest:Marian K.Karr,City Clerk A. Deleting subparagraph li 14-4B-4B-9e. and substituting rc-000002571e August 29,2013 in lieu thereof: e. in any CN-1 Zone within the University Impact Area, as Notary Public illustrated on Map 28.1 with- in Section 14-2B-6, or the tali. LINDA KROTZ i Riverfront Crossings District, as illustrated in Figure 2C.8 Commission Number 732619 within Section 14-2C-11, a Drinking Establishment, as My Commission Expires defined in this Title,must be January 27 2014 separated by a minimum dis- tance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line(or near- est point of the leased build- ing space) of the proposed use to the nearest property line (or nearest point of the leased building space)of any other Drinking Establishment. For example,in the case of a Drinking Establishment that is located on a lot with multi- ple leased spaces,such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased build- ing space of any other Drinking Establishment. r 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. 13-4545, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of August, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2013. Dated at Iowa City, Iowa, this 6th day of September 2013. Juli . Voparil Deputy City Clerk ORDINANCE NO.13.4545 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS Printer's Fee$_ a3 AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED CERTIFICATE OF PUBLICATION ESTABLISHMENTS , B, TO MODIFY THE CALCULATION OF TICKET SALES FOR EXCEPTION STATE OF IOWA, CERTIFICATE PURPOSES. WHEREAS, under the current ordinance, ticket sales for theater JOHNSON COUNTY,SS: ed aperformanc non alcohol sas on for excep- tion certificate purposes;and THE IOWA CITY PRESS-CITIZEN WHEREAS,t tsals for vie- n films ickeee be counted as alcohol sales, FED.ID#42-0330670 because they are not performed, "on stage" �! 4 \� WHEREAS,the Council wishes e- `*N foster movie theaters, while pre- I, serving the significant gains the Under 21 ordinance has generated; and being duly sworn,say that I am WHEREAS, the continuing requirement that the "entire audi- ence legal clerk of the IOWA CITY ence area is consistent with tradi- tional theater seating" should dis- PRESS-CITIZEN,a newspaper courage gamesmanship:and WHEREAS, it is in the best inter- published in said county,and est of the City to adopt this amend- ment. that a notice,a printed copy of NOW, THEREFORE, BE IT which is hereto attached,was ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA published in said paper_._i____ CITY,IOWA: SECTION I.AMENDMENTS. date(s):e TITLE 4, ALCOHOLIC time(s),on the following d � � BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, • • ,� PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED i ESTABLISHMENTS,Subsection B, • �l�t�` paragraph (3)(a) is hereby amend- ,�� _ ed by deleting the words, "on . stage",leaving the fourth sentence to read as follows: Legal Clerk Ticket sales for any event per- formed in a theater in which the entire audience area is consistent Subscribed and sworn to with traditional theater seating d of shall be counted as nonalcohol be e me this ay sales. A.D. 20 /.S • SECTION II.REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. c / SECTION III. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be Notary Public_ invalid or unconstitutional, such LINDA KR07Z adjudication shall not affect the oats validity of the Ordinance as a 1 ti Commission Number 732619 whole or any section, provision or My Commission Expires part thereof not adjudged invalid or unconstitutional. January 27.2014_ SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 20th day of August,2013. s/Matthew J.Hayek,Mayor Attest: s/Marian K. Karr, City Clerk PC-6000025713 August 29,2013 I fte .wlr CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.o rg 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. 13-4546, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. Julie K. Voparil Deputy City Clerk cam. `3 - OFFICIAL PUBLICATION SECTION III. CONDITIONAL ZONING AGREEMENT,The mayor is hereby autho- ORDINANCE NO.13-4546 rued and directed to sign, and the City Printer's Fee$'i CO.QST AN ORDINANCE CONDITIONALLY Clerk attest, the Conditional Zoning REZONING 7.13 ACRES OF Agreement between the property owner PROPERTY LOCATED AT 2845 and the of City, following passage and MORMON TREK BLVD IN THE approval N this OrCERTIFI CERTIFICATE OF PUBLICATION INTENSIVE COMMERCIAL(CI-1) SECTION IV. CERTIFICATION AND ZONE. (REZ13-00018) RECORDING.Upon passage and approval of the Ordinance,the City Clerk is hereby STATE OF IOWA, WHEREAS, the applicant, Dealer authorized and directed to certify a copy of Properties IC LLC,is owner of certain real this ordinance,and record the same in the estate in the Intensive Commercial(CI-1) Office of the County Recorder, Johnson JOHNSON COUNTY,SS: Zone located at 2845 Mormon Trek County, Iowa, at the Owner's expense, Boulevard,which contains an outlot that is upon the final passage,approval and pub- designated as a compensatory wetland lication of this ordinance,as provided by THE IOWA CITY PRESS-CITIZEN mitigation site, the implementation of taw. V. REPEALER All ordinances which is required pursuant to a conditional and parts of ordinances in conflict with the zoning agreement (Ordinance No. FED.ID#42-0330670 13-4533);and provisions of this Ordinance are hereby WHEREAS, Iowa Code §414.5 (2013) repealed. 1� provides that the City of Iowa City may SECTION VI.SEVERABILITY.If any sec- tion, provision or part of the Ordinance I,_13.$10,.. impose reasonable conditions on granting shall be adjudged to be invalid or uncon- an applicant's rezoning request,over and stitutional, such adjudication shall not above existing regulations, in order to public needs caused by the affect the validity of the Ordinance as a satisfy being duly sworn,say that I am ty p y whole or any section, provision or part requested change;and thereof not adjudged invalid or unconstitu- the legal clerk of the IOWA CITY WHEREAS,Outlot B,JJR Davis Addition is subject to an existing Conditional tional. PRESS-CITIZEN,a newspaper Zoning Agreement (Ordinance No. SECTION VII. EFFECTIVE DATE. This 13-4533) that is based on a Sensitive Ordinance shall be in effect after its final passage, approval and publication, as published in said county,and Areas Development Plan,which includes a Wetland Seeding and Planting Plan that provided by law. Passed and approved this 3rd day of would be implemented by removing and that a notice,a printed copy of September,2013. replacing 12"to 18"of topsoil from the which is hereto attached,was mitigation site and seeding according to the plan;and s/Matthew J.Hayek,Mayor published in said paper 1 WHEREAS,the owner has requested that Attest:s/Marian K.Karr,City Clerk the existing Conditional Zoning Agreement time(s),on the following dates): (Ordinance No 13-4533)be repealed and CONDITIONAL ZONING AGREEMENT replaced with a new Conditional Zoning THIS AGREEMENT is made between the Agreement;and City of Iowa City,Iowa,a municipal corpo- i - 1i3 WHEREAS,the new Conditional Zoning ration (hereinafter "City"), and Dealer i' Aim' I& " Agreement would change the method of Properties IC LLC(hereinafter"Owner"). establishing the compensatory wetland; WHEREAS, the applicant, Dealer instead of removing and replacing the Properties IC LLC,is owner of certain real topsoil, the mitigation would be imple- estate in the Intensive Commercial(CI-1) mented by retaining the existing topsoil Zone located at 2845 Mormon Trek and eradicating the invasive species by Boulevard,which contains an outlot that is Legal Clerk mowing and spraying with chemicals designated as a compensatory wetland before planting a mix of native wetland mitigation site, the implementation of seedlings as prescribed in the Alternative which is required pursuant to a conditional Wetland Mitigation Restoration Plan, zoning agreement (Ordinance No. Subscribed and sworn to which is described in detail in a letter 13-4533);and Lie dated July 10, 2013 from Transition WHEREAS,the Owner has requested the before me this /1 day of Ecology LLC. Other relevant conditions rezoning of said property to replace the ...,, ,�c2 � A.D. 20_14____. from the existing conditional zoning agree- previous Conditional Zoning Agreement �� ment are included in the new conditional (Ordinance No. 13-4533) with a new zoning agreement attached hereto;and Conditional Zoning Agreement in order to WHEREAS, the Planning and Zoning use an alternative method to establish the Commission has reviewed the proposed compensatory wetland on the subject rezoning and determined that it complies property;and with the Comprehensive Plan provided WHEREAS, Iowa Code §414.5 (2013) Notary Public that the applicant meets conditions to provides that the City of Iowa City may implement the prescribed compensatory impose reasonable conditions on granting wetland mitigation and to establish an an applicant's rezoning request,over and ..µac LINDA,KR escrow account to ensure its timely imple- above existing regulations, in order to i V. Commission Number 7326191 mentation;and satisfy public needs caused by the . . My C m Ex es 1 WHEREAS,the owner and applicant has requested change;and agreed that the property shall be devel- WHEREAS, the Planning and Zoning aim ,January 27,2014 1 oped in accordance with the rezoning and Commission recommended approval of the terms and conditions of the Conditional the rezoning subject to the establishment Zoning Agreement attached hereto to of an escrow account to ensure installation ensure appropriate development in this of mitigation improvements over time;and area of the city. WHEREAS, the Owner acknowledges NOW, THEREFORE, BE IT ORDAINED that certain conditions and restrictions are BY THE CITY COUNCIL OF THE CITY OF reasonable to ensure the development of IOWA CITY,IOWA: the property is consistent with the SECTION I APPROVAL. The property Comprehensive Plan and the need for described below is hereby rezoned and protection of environmentally-sensitive subject to the Conditional Zoning areas;and Agreement attached hereto and incorpo- WHEREAS,the Owner agrees to develop rated herein: this property in accordance with the terms LEGAL DESCRIPTION and conditions of a Conditional Zoning Lot 2 and Outlot B,JJR Davis Addition, Agreement. Iowa City,Iowa,in accordance with the NOW,THEREFORE, in consideration of plat thereof recorded in Plat Book 55,at the mutual promises contained herein,the Page 39,in the records of the Johnson parties agree as follows: County Recorder's Office. 1.Dealer Properties IC LLC is the legal title SECTION II.ZONING MAR The building holder of the property legally described official is hereby authorized and directed as: 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. CY \3-- -s` L 8 L—{S Vti . ' \ Lot 2 and Outlot B,JJR Davis Addition, rezoning the subject property,and that aged,this species dominates many wet- Iowa City,Iowa,in accordance with upon adoption and publication of the lands, wet meadows, and lake shores. the plat thereof recorded in Plat Book ordinance, this agreement shall be Since it is commonly sold in most a ricul- IL Seeding and Planting of Plugs 55,at Page 39,in the records of the recorded in the Johnson County y g The seed mixes,as specified in the wet- Johnson County Recorder's Office. Recorder's Office at the Applicant's lure)supply stores,as an erosion control land mitigation plan will all be planted as 2.The Owner acknowledges that the City expense. seed for grassy waterways,it will continue prescribed in the areas designated. In wishes to ensure conformance to the Dated this 3rd day of September,2013. to have a presence in the environment. addition to the different seed mixes,the principles of the Comprehensive Plan CITY OF IOWA CITY Existing plants produce seeds which flow site will be supplemented by two different and the Southwest District Plan. s/Matthew J.Hayek,Mayor along waterways to areas that have been classes of plugs. Further, the parties acknowledge that Attest:s/Marian K.Karr,City Clerk nant component disturbed and become a t.The P 9 Want component of the environment.The Emergent Wetland Plugs Iowa Code§414.5(2013)provides that dominance of RCG makes it challenging to One flat of each species shall be planted the City of Iowa City may impose rea- Dealer Properties,IC,LLC eradicate. sonable conditions on granting an By: s/David H.Billion randomly,throughout the emergent areas; applicant's rezoning request,over and the lowest point of the shallow basins.If above the existing regulations,in order July 10,2013 There is currently an Corps accepted not available, other emergent species to satisfy public needs caused by the Mr.Bob Miklo proposal to completely remove 12-18"of should be selected and planted according requested change. City of Iowa City Planning and Zoning soil from the entire site and then replace to recommended planting instructions.At 3.In consideration of the City's rezoning Department with clean fill dirt.While this would tempo- a minimum five flats should be used. the subject property,Owner agrees that 410 East Washington Street rarily remove much of the existing RCG Soft Stem Bulrush Scirpus validus development of the subject property will Iowa City,IA 52240 plants and seed stock,the site would ulti- Blue Flag Iris Iris shrevei conform to all other requirements of the Re:Alternate wetland mitigation restora- mately be invaded again. Complete Fringed Sedge Carex crinita zoning chapter,as well as the following tion plan removal of this species at the mitigation Tussock Sedge Carex stricta conditions: site is unlikely,as there are drainage ways a.The improvements shown on the Dear Bob; (outside the property)that feed into the Fox Sedge Carex vulpinoidea "Wetland Seeding and Planting As requested by Mr. Billion, Transition site that also contain reed canary grass Button bush Cephelanthus Plan," dated 12/11/12 with a Ecology,LLC has prepared an alternative (Figure 1). Ultimately this species will occidentalis revised date of 6/25/13 (attached proposed restoration plan for the JJR return.Additionally,besides cost;the con- Sweet Flag Acarus calamus hereto), and as set forth in more Davis Subdivision Wetland Mitigation site structed basin has steep slopes;complete detail in a letter dated July 10,2013 permitted by the US Army Corps of removal of the existing soil would greatly Wetland plugs from Transition Ecology LLC,enti- Engineers, Iowa Department of Natural increase erosion and destabilize a mitiga- One flat of each of the following species tied,"Alternative Wetland Mitigation Resources, and the City of Iowa City tion site that is also a storm water deten- shall be planted randomly,throughout the Restoration Plan"(attached hereto) (USAGE Reference No: CEMVR- tion area. wetland areas.If not available,other wet- shall be initiated and the escrow OD-P-2003-1563(454930)).The following land species should be selected and account established as described plan includes recommendations for corn- An alternative scenario for reduction of planted according to recommended plant- in paragraph b,below,prior to any bating the existing invasive species; pri- the reed canary grass would be the use of ing instructions. At a minimum 13 flats development activity being permit- manly reed canary grass(Phalaris arundi- chemicals,prescribed fire,and mowing'. should be used. ted on Lot 2 of the D&D Billion nacea)and installing the correct buffer and However,due to the urban nature of the Addition; wetland seed mixes described in the site and the risk of contaminating nearby Grasses b.Owner will fund an escrow account Corps approved wetland mitigation plan. automotive inventory with the odor of Prairie Cord Grass Spartina in the amount of$76,560(the esti- smoke,we do not recommend this site for pectinata mated cost of implementation of As you may know, mitigation for the prescribed fire. The next "best" way to Awl-fruited Sedge Carex stipata the"Alternative Wetland Mitigation development of the JJR Davis subdivision reduce the impact of reed canary grass is Soft Rush Juncus effuses Restoration Plan" plus 10%) to (71.8 acre commercial development) with a series of chemical treatments alter- Big Bluestem Andropogon ensure that the restoration plan is occurred in two phases.For unavoidable nating with mowing when seasonally pos- gerardii carried out to completion. Escrow impacts to 3.07 acres of wetland and sible. Mowing will stimulate the reed Bottlebrush Sedge Carex comosa to be released upon verification by 1,009 If of stream bottom the US Army canary grass to grow(mimicking grazing) Wool Grass Scirpus cyperinus the US Army Corp of Engineers that Corps of Engineers required compensato- and then the subsequent chemical treat- the"Wetland Seeding and Planting ry mitigation. Phase I, included the cre- ment will help to reduce growth and seed Forbs Plan," has been satisfactorily ation of 0.67 acre of wetland(off-site)at production. Alternating these treatments Wild Bergamot Monarda fistulosa implemented;and the Davis Home(S19,T79N, R6V(.This throughout the 2013 growing season will Marsh Marigold Caltha palustris c.Existing and proposed light fixtures mitigation has been constructed, moni- encourage the RCG to invest stored ener- Cream Gentian Gentiana fiavida on Lot 2 of the D & D Billion tored and 2011 marked the final year of gy in growth while continuously reducing Compass Plant Silphium laciniatum Addition that are located within 300 monitoring for this portion of the mitiga- its energy with chemicals. Rose Mallow Hibiscus militaris feet of residentially-zoned property, tion. ro work will be weather Prairie Blazing Star Liatris pycnostachya The proposed whether located within a City or P P Sawtooth Sunflower Helianthus grosse- County zoning district, will be Phase 2 included the construction of 0.81 dependent. Wetter weather may make serratus mounted no more than 25 feet acre of wetland,enhancement of 1.43 acre chemical treatments more challenging and above grade prior to the establish- of wetland and the creation of a 4.46 acre mowing more difficult. Comparatively, III.Site Monitoring meet of the additional vehicle dis- buffer strip;this is the mitigation site asso- drier weather will provide the best condi- Restoration of this site will need to be play area proposed on Lot 2 of the ciated with lots 6 and 7 of your current tions to access the majority of the site and CLOSELY monitored.Additionally,weather D&D Billion Addition. development.As you know,the grading for remove more of the existing vegetation. patterns have been inconsistent and the 4.The Owner and City acknowledge that this Phase of the mitigation was complet- timing of mowing and spraying will need to the conditions contained herein are ed,but the native seeding requirement and Chemical Treatment be determined based on how the rowin reasonable conditions to impose on the 5 years of monitoring has not been corn- A glyphosate herbicide like RoundupTM season progresses.In addition to the res land under Iowa Code§414.5(2013), pleted. Since the seed mixes were not should be applied 3-5 times throughout toration work,which would be completed and that said conditions satisfy public installed,nonnative,invasive species now •the growing season to all areas heavily by hired contractors,we propose to moni- needs that are caused by the requested dominate. Removal of these species is populated with RCG.Most invasives are tor the site weekly and maintain contact zoning change. necessary before the prescribed seed cool season species and will begin to with contractors to aggressively pursue 5.The Owner and City acknowledge that mixes can be planted. emerge much sooner than the majority of restoration of this site throughout 2015. in the event the subject property is other species. Glyphosate is a useful transferred,sold,redeveloped,or sub- An extension was granted for this project, chemical as it disrupts the photosynthetic Proposed Timeline divided,all redevelopment will conform by the US Army Corps of Engineers,on process necessary for the plant to grow.In 2013 Growing Season and throughout to the terms of this Conditional Zoning January 8th, 2009. This extension (No. the spring, RCG will begin to use the Summer 2013 Agreement. 2003-1563)allows for final installation of energy stored in its roots for new shoot The site should be chemically treated as the native seed mixes described by the and stem growth,this process is halted by soon as possible to reduce further growth 401/404 permit(wetland mitigation plan) the glyphosate chemical. In the upland and development of the RCG.Then within 6. The parties acknowledge that this until December 31st,2013. buffer areas a common glyphosate like one to two weeks,depending on rainfall Conditional Zoning Agreement shall be Round-upTM may be used.In the wetland events,the site will be mowed.Then in deemed to be a covenant running with Proposed Restoration Plan areas a specially formulated glyphosate another two to three weeks it should be the land and with title to the land,and The proposed restoration plan includes that is considered "wetland safe", like chemically treated again,alternating mow- shall remain in full force and effect as a two major phases,removal of the existing Rodeo"'should be used. ing and spraying every two to three weeks. covenant with title to the land,unless or vegetation and installation of the seeding until released of record by the City of mix prescribed by the wetland mitigation Mowing Fall 2013 Iowa City. plan. Mowing will not only wear out the RCG, Near the end of the growing season,the The parties further acknowledge that this but it will also help reduce seed produc- site will be disced, remaining vegetation agreement shall inure to the benefit of J.Reduction of Invasive Species tion.When RCG growth is interrupted by allowed to begin to grow.Then chemically and bind all successors, representa- As we have discussed Reed Canary mowing then there is less opportunity to sprayed and then disced again. Then tives,and assigns of the parties. Grass(RCG)is a non-native species that produce seed and propagation is reduced. when weather is appropriate the site will 7.The Owner acknowledges that nothing has infiltrated this mitigation site.RCG is a be seeded.In areas where the reed canary in this Conditional Zoning Agreement Eurasian variety introduced to the United Seed Bed Preparation grass is still dominant,a second year of shall be construed to relieve the Owner States for use as a forage grass;it is an At the end of the growing season,when chemical and mowing treatments will be from complying with all other applicable aggressive,cool season,perennial grass, water levels in the basin are at their lowest, necessary and will be pursued throughout local,state,and federal regulations. which reproduces both by seed and a it will be necessary to disc or lightly till the the 2014 growing season,as required. 8.The parties agree that this Conditional creeping rhizomatous root (underground soil,where possible.Exposing the soil for Zoning Agreement shall be incorporat- rootstock)that out-competes many other the installation of the different seed mixes. ed by reference into the ordinance plants. Over time and improperly man- . \.- - `-A S` �� y `a% (S - Y`(�.�, �� 3 � 2014 Growing Season In the spring of 2014,areas still domi- nated by reed canary grass will continue to 2014 Itemized Description be sprayed and mowed and other areas Estimated Cost Range seeded in the Fall of 2013 will be mowed IV.Chemical Treatments and Mowing to stimulate development of native plants 6.3-4 chemical treatments for an approx- Respectfully submitted and reduce impact of invasive species.If imately 6 acre site necessary(and where access is possible) $5,000.00-$7,500.00 Transition Ecology,LLC particularly challenging areas will be 7.3-4 Mowing treatments for an approxi- Original signed by J.Elizabeth Maas disced to disrupt root growth and further mately 6 acre site disturb germination of seed. $3,000.00-$5,000.00 J.Elizabeth Maas,Project Manager CC: In those areas where the seed does not V.Seeding and Plug Planting Mr.Eugene Wassenhove seem to be successful, plugs will be 8.Prepare seed bed Department of the Army planted to further provide competition for $1,500.00-$2,000.00 Rock Island District,Corps of Engineers the reed canary grass. 9. Purchase seed and plugs and plant Clock Tower Building seed and plugs P.0.Box 2004 All areas seeded in 2013 will be mowed $5,000.00-$7,000.00 Rock Island,IL 61204-2004 3-4 times throughout the 2014 growing Mr.David Billion season. This establishment mowing is VI.Site Monitoring 3401 West 41st Street necessary to further reduce seed produc- 10. Monitoring site and interacting with Sioux Falls,SO 57106 tion of annual weeds and to improve the contractors Ph:605.361.1919 success of the seeded natives.Additional $2,000.00-$4,000.00 David.billionWbillionauto.com spot spraying to further reduce the impact of RCG may also be necessary throughout *ESTIMATED TOTAL YEAR 2 PC-6000028295 September 12,2013 the 2014 growing season. $16,500.00425,500.00* 2015 Growing Season *Please Note that these costs are esti- Again,the same prescription of mowing, mates only based on current average spraying, discing and plug planting will rates for this work. Market price for continue, only in those areas where the seed and plugs is subsequent to change.Additionally,these costs do not reed canary grass continues to dominate. include erosion control services which Costs associated with this work are diffi- may also become necessary.Estimating cult to estimate until the success of 2013 costs for a third year is very difficult as and 2014 can be determined. It is likely restoration of this site will be dependent that costs for 2014 and 2015 will be less on success of the first two years. assuming that work can begin as soon as Success will be dependent on seasonal possible. limitations,which we of course cannot estimate. 2013 Itemized Description Estimated Cost Range '"Wisconsin Reed Canary Grass Control I.Chemical Treatments and Mowing Practices: Effects and Management 1.3-4 chemical treatments for an approx- Recommendations." Invasive Plants imately 6 acre site Association of Wisconsin, Wisconsin $9,000.00-$11,500.00 Department of Natural Resources,and the 2.3-4 Mowing treatments for an approxi- US Fish and Wildlife Service,Jan.2006. mately 6 acre site Web. May 2013. <http://map.co.door.wi. $3,700.00-$5,600.00 us/swcd/invasive/Publications/Reed%20 Canary%2oGrass.pdf>. II.Seeding and Plug Planting 3.Prepare seed bed $1,500.00-$2,000.00 4. Purchase seed and plugs and plant seed and plugs $17,500.00-$20,000.00 III.Site Monitoring 5. Monitoring site and interacting with contractors $3,000.00-$5,000.00 *ESTIMATED TOTAL YEAR 1 $34,200.00-344,100.00* Continued on next page /1 T ' ti" k \, i y p 1` y ig q +f tg)tva a f;v� I `<, w trt`7 „,'''.'1,,k,'' ' > � 11: { .”. � a *,7A ,i' l:Ir °.f1+1 44 \; 4 YS :i _R c r ,1 '.\f4f-flAr-;*:,-:„..,,v, > jaa , J' '%,°./b ; ', ,, `� . n •..'3 s 1 1 }i S 4 a 4h „ :'.9.",/:',4,4, ,� ° +. 4� L$"`SC f�44 v ;•.,',..--,. 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I1I' P'i 411 d !. r1M '• ' i %1 r I F', 14,01 �R1. j II 'i�I /I i' O - r jai �! i z pe `_� 'i�u�i�,yr;,e „11---,11100\11:111_9 .+ 1 1 ' ::::gg q gg g 9 i o1i�.� mm D '7 Fr.r a< 3 6;� 14: C ati ��. Fap s , & bE 'SliM I1.?u..NH1� l I s n: 1 11111 111 y1 Xi ' f ' 0 � r411 0 }�o n 11 4nfl .• c a3 p y 'No �m 110x_/ ri $ T1t(a 1 z >Na n E e 8 zo y ,iz gRC 1 r 3v r g G,m 411 =�°+ ra3y€ 1333 Z N Z� 11'11 MM1h 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. 13-4547, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. Jut Voparil Deputy City Clerk OFFICIAL PUBLICATION FEET;THENCE SOUTHWESTERLY ORDINANCE NO.13-4547 44.66 FEET ALONG AN ARC OF A 175.00 ORDINANCE REZONING , CONCAVE NORTHWESTERLY, CURVE ESTERLYY APPROXIMATELY 7.79 ACRES CONC , OF LAND LOCATED AT THE WHOSE 44.54 FOOT CHORD NORTHEAST CORNER OF THE BEARS 8.25 FEET;THENCE INTERSECTION OF NORTH S64°41'45"W, 118.FEET;FEET, TO A DODGE STREET AND PRAIRIE POINT'ON 11 WEST FEET, TO A Printer's Fee$_9lQQ: DU CHIEN ROAD FROM POINT ON THE WEST LINE OF SAID LOT 14; THENCE MEDIUM DENSITY SINGLE N01°11'15"W,ALONG SAID WEST FAMILY(RS-8), LINE,22.00 FEET,TO SAID POINT CERTIFICATE OF PUBLICATION EIG HIGHWAY ORHDOMMECCAL) OF BEGINNING, CONTAINING (CH-1)TO PLANNED 2,572 SQUARE FEET, MORE OR DEVELOPMENT OVERLAY- LESS, AND SUBJECT TO STATE OF IOWA, COMMUNITY COMMERCIAL EASEMENTS AND RESTRICTIONS OF RECORD. (OPD-CC-2).(REZ12-00026) (T COMMERCIAL (OPD-CC-2). (TRACT#1A)-REZONE FROM JOHNSON COUNTY,SS: P-1 TO CC-2 (REZ12-00026) T WHEREAS,the applicant, Hy-Vee COMMENCING AT PP Y- NORTHWEST CORNER OF LOT T THE IOWA CITY PRESS-CITIZEN Stores,has requested a rezoning of 14, ST. MATTHIAS SECOND property located at the northeast ADDITION, IOWA CITY, IOWA, IN corner of the intersection of North ACCORDANCE WITH THE PLAT FED.ID#42-0330670 I Dodge Street and Prairie Du Chien THEREOF RECORDED IN PLAT Road from Medium-Density Single- BOOK 17, AT PAGE 583, IN THE Family Residential (RS-8), RECORDS OF THE JOHNSON •. G�` p Neighborhood Public (P-1), and COUNTY RECORDER'S OFFICE; I, �\ �1/J�_7� Highway Commercial (CH-1) to THENCE S01°11'15"E, ALONG Planned Development Overlay/ THE WEST LINE OF SAID LOT 14, I Community Commercial (OPD/ A DISTANCE OF 85.61 FEET; being duly sworn,say that I am CC2);and THENCE N64°12'45"E, 184.60 WHEREAS, the Comprehensive FEET, TO THE POINT OF the legal clerk of the IOWA CITY Plan, North District Plan Map, BEGINNING; THENCE shows this area as appropriate for CONTINUING N64°12'45"E, PRESS-CITIZEN,a newspaper retail/community commercial use 178.92 FEET,TO A POINT ON THE provided that it is designed to be EAST LINE OF SAID LOT 14; published in said county,and compatible with the adjacent resi- THENCE S01°12'11"E, ALONG dential neighborhood;and SAID EAST LINE, 22.00 FEET; that a notice,a printed copy of WHEREAS,the applicant has sub THENCE S64°12'45"W, 125.00 mitted a concept plan showing FEET; THENCE S01°12'11"E, which is hereto attached,was how commercial redevelopment of 146.79 FEET,TO A POINT ON THE this property can be made compat- SOUTH LINE OF SAID LOT 14; published in said paper____L__ ible with the adjacent neighbor- THENCE S64°13'01"W, ALONG hood with careful building design SAID SOUTH LINE, 94.68 FEET; time(s),on the following date(s): and placement, the use of buffer THENCE N25°58'47"W, 43.37 areas and landscaping;and FEET; THENCE N01°11'25"W, WHEREAS, the Planning and 85.98 FEET;THENCE S25°41'52"E, Zoning Commission has reviewed __��.e rr he/ a �}� 17.45 FEET;THENCE N64°18'08"E, the proposed rezoning and has 75.30 FEET;THENCEN25°41'52"W, recommended approval provided 49.49 FEET, TO SAID POINT OF that it meets conditions addressing BEGINNING, CONTAINING 0.37 h the need for compatibility with the ACRE, MORE OR LESS, AND adjacent neighborhoods and the SUBJECT TO EASEMENTS AND policies of the Comprehensive RESTRICTIONS OF RECORD. Legal Clerk Plan;and #2)-REZO E FROM RS-8 TO WHEREAS, Iowa Code §414.5 (2011) provides that the City of CC-2 Iowa City may impose reasonable Subscribed and sworn to conditions on granting an appli- cant's rezoning request, over and COMMENCING AT THE bef re met is above existing regulations,in order NORTHWEST ST. MATTHIAS SECOND CORNER OF LOT A.D. 20/3 to s ttquestedlic needs change; caused by ADDITION, IOWA CITY, IOWA, IN WHEREAS, the owner and appli- ACCORDANCE WITH THE PLAT / cant have agreed that the property THEREOF RECORDED IN PLAT �- _ BOOK 17, AT PAGE 583, IN THE shall be developed in accordance RECORDS OF THE JOHNSON with the terms and conditions of the Conditional Zoning Agreement COUNTY RECORDER'S OFFICE; Notary Public attached hereto to ensure appro- THENCE S01°1115"E, ALONG priate development in this area of THE WEST LINE OF SAID LOT 14, L1 -KRQYZ the city. A DISTANCE OF 53.36 FEET, TO ;�"t Number,732fi1�! NOW, THEREFORE, BE IT THE POINT OF BEGINNING;N. Coma SS10n ORDAINED BY THE CITY THENCE N88°48'45"E, 10.00 - Iv • My CommiSSton EXPK@S COUNCIL OF THE CITY OF IOWA FEET;THENCE NORTHEASTERLY, • o• • January 27.2O14 CITY,IOWA: A 144.29 50.00 FOOT RADIUS OF SECTION I APPROVAL. Property CONCAVE NORTHWESTERLY, described below is hereby reclassi- FOOT CHORD WHOSE 138.79 fied from its current zoning desig- BEARS 138.79'18"E; THENCE nation of RS 8, CH-1 and P-1 to NORTHEASTERLY, 80.12 FEET, OPD/CC-2: ALONG AN ARC OF A 150.00 LEGAL DESCRIPTION FOOT RADIUS CURVE,CONCAVE (TRACT#1)-REZONE FROM P-1 TO CC-2 SOUTHEASTERLY, WHOSE 79.17 COMMENCING AT THE FOOT CHORD BEARS THENCE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND N64°18'08"E, 150.18 FEET, TO A ADDITION, IOWA CITY, IOWA, IN POINT ON THE EAST LINE OF SAID LOT 14; THENCE ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT S01°12'11"E, ALONG SAID EAST BOOK 17, AT PAGE 583, IN THE LINE, 27.51 FEET; THENCE RECORDS OF THE JOHNSON N64°12'45"E, 44.86 FEET, TO A COUNTY RECORDER'S OFFICE; POINT ON THE WEST LINE OF THENCE S01°11'15"E, ALONG YEGGY'S FIRST ADDITION, IOWA THE WEST LINE OF SAID LOT 14, CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF A DISTANCE OF 85.61 FEET, TO RECORDED IN PLAT BOOK 6,AT THE POINT OF BEGINNING; PAGE 49, IN SAID RECORDS OF THENCE N64°12'45"E, 152.25 THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE V N00°41'26"W,ALONG SAID WEST LINE OF YEGGY'S FIRST PROJECTION THEREOF, 201.58 ADDITION, 76.28 FEET, TO THE FEET, TO THE NORTHEAST ZONING AGREEMENT,The mayor SECTION III. CONDITIONAL above existin g regulations,in order NORTHWEST CORNER OF LOT B CORNER THEREOF; THENCE is hereby authorized and directed to satisfy public needs caused by OF SAID YEGGY'S FIRST N64°53'24"E,ALONG THE NORTH to sign, and the City Clerk attest, the requested change;and ADDITION;THENCE N65°07'33"E, LINE OF LOT X OF SAID YEGGY'S the Conditional Zoning Agreement WHEREAS, the Owner and ALONG THE NORTH LINE OF SAID FIRST ADDITION, AND ITS between the property owner(s)and Applicant acknowledge that cer- LOT B, 158.32 FEET, TO THE EASTERLY PROJECTION the City, following passage and fain conditions and restrictions are NORTHEAST CORNER THEREOF; THEREOF, 188.89 FEET, TO A approval of this Ordinance. reasonable to ensure the develop THENCE N00°36'30"W, ALONG POINT ON THE NORTH LINE OF SECTION IV. CERTIFICATION ment of the property is consistent THE EAST LINE OF LOT C OF AUDITOR'S PARCEL 96064, AND RECORDING,Upon passage with the Comprehensive Plan and SAID YEGGY'S FIRST ADDITION, JOHNSON COUNTY, IOWA, IN and approval of the Ordinance,the the need for compatibility with the AND ITS NORTHERLY ACCORDANCE WITH THE PLAT City Clerk is hereby authorized and North District Plan and the adja- PROJECTION THEREOF, 123.75 THEREOF RECORDED IN PLAT directed to certify a copy of this cent residential neighborhood;and FEET; THENCE N88°25'19"E, BOOK 44,AT PAGE 325, IN SAID ordinance,and record the same in WHEREAS, the Owner and 158.03 FEET,TO THE NORTHWEST RECORDS OF THE JOHNSON the Office of the County Recorder, Applicant agree to develop this CORNER OF AUDITOR'S PARCEL COUNTY RECORDER'S OFFICE; Johnson County, Iowa, at the property in accordance with the 96064, JOHNSON COUNTY, THENCE S01°11'05"E, ALONG Owner's expense, upon the final terms and conditions of a IOWA, IN ACCORDANCE WITH SAID NORTH LINE, 27.69 FEET; passage,approval and publication Conditional Zoning Agreement. THE PLAT THEREOF RECORDED THENCE N88°48'55"E, ALONG of this ordinance, as provided by NOW, THEREFORE, in consider- IN PLAT BOOK 44,AT PAGE 325, THE NORTH LINE OF SAID law ation of the mutual promises con- IN SAID RECORDS OF THE AUDITOR'S PARCEL 96064, A SECTION V. REPEALER.All ordi- tained herein,the parties agree as JOHNSON COUNTY RECORDER'S DISTANCE OF 12.29 FEET; nances and parts of ordinances in follows: OFFICE; THENCE N88°48'55"E, THENCE S01°11'05"E, ALONG conflict with the provisions of this 1. Roberts Dairy Company is the ALONG THE NORTH LINE OF SAID Ordinance are hereby repealed. legal title holder of the property AUDITOR'S PARCEL 96064, A SAID NORTH LINE, 185.34 FEET; SECTION VI. SEVERABILITY. If legally described as: DISTANCE OF 12.29 FEET; THENCE N88°48'55"E, ALONG any section,provision or part of the LEGAL DESCRIPTION(TRACT THENCE S01°11'05"E, ALONG #21-REZONE FROM RS-8 TO SAID NORTH LINE,12.29 FEET,TO Ordinance shall be adjudged to be SAID NORTH LINE, 157.65 FEET; A POINT ON THE WEST LINE OF invalid or unconstitutional, such CC-2 THENCE S64°53'24"W, ALONG LOT 10 OF ST. MATTHIAS adjudication shall not affect the COMMENCING AT THE THE NORTH LINE OF LOT X OF NORTHWEST CORNER OF LOT SECOND ADDITION, IOWA CITY, validity of the Ordinance as a whole SAID YEGGY'S FIRST ADDITION, IOWA, IN ACCORDANCE WITH or any section, provision or part 14, ST. MATTHIAS SECOND AND ITS EASTERLY PROJECTION THE PLAT THEREOF RECORDED thereof not adjudged invalid or ADDITION, IOWA CITY, IOWA, IN THEREOF, 188.89 FEET, TO THE IN PLAT BOOK 17,AT PAGE 583, unconstitutional. ACCORDANCE WITH THE PLAT NORTHWEST CORNER THEREOF; IN SAID RECORDS OF THE SECTION VII. EFFECTIVE DATE, THEREOF RECORDED IN PLAT THENCE S65°38'32"W, ALONG JOHNSON COUNTY RECORDER'S This.Ordinance shall be in effect BOOK 17,AT PAGE THE NORTH LINE OF LOT Y OF OFFICE; THENCE N88°53'07"E, after its final passage,approval and 583, IN THE RECORDS OF THE SAID YEGGY'S FIRST ADDITION, 193.31 FEET,TO A POINT ON THE publication,as provided by law. JOHNSON COUNTY RECORDER'S AND ITS WESTERLY PROJECTION EAST LINE OF SAID LOT 10 OF ST. Passed and approved this 3rd day OFFICE;THENCE S01°11'15'E, THEREOF, 201.58 FEET, TO A MATTHIAS SECOND ADDITION; of September,2013. ALONG THE WEST LINE OF SAID POINT ON THE SAID EAST LINE THENCE SO1°11'05,ALONG SAID LOT 14, A DISTANCE OF 53.36 OF LOT 14 OF ST. MATTHIAS EAST LINE, 203.80 FEET, TO ITS s/Matthew J.Hayek,Mayor FEET, TO THE POINT OF SECOND ADDITION; THENCE INTERSECTION WITH THE NORTH Attest:s/Marian K.Karr,City Clerk BEGINNING; THENCE S01°12'11"E, ALONG SAID EAST RIGHT-OF-WAY LINE OF NORTH N88°48'45"E,10.00 FEET;THENCE LINE, 0.44 FEET; THENCE DODGE STREET; THENCE CONDITIONAL ZONING NORTHEASTERLY, 144.29 FEET, S64°12'45"W, 363.52 FEET, TO A S64°13'01"W, ALONG SAID AGREEMENT ALONG AN ARC OF A POINT ON THE WEST LINE OF NORTH RIGHT-OF-WAY LINE, THIS AGREEMENT is made 150.00 FOOT RADIUS CURVE, SAID LOT 14; THENCE 592.68 FEET; THENCE between the City of Iowa City, CONCAVE NORTHWESTERLY, N01°11'15"W,ALONG SAID WEST $gq°13'18"W, ALONG SAID Iowa, a municipal corporation WHOSE 138.79 FOOT CHORD LINE,32.25 FEET,TO SAID POINT NORTH RIGHT-OF-WAY LINE, (hereinafter "City"), Roberts Dairy BEARS N61°15'18"E; THENCE OF BEGINNING, CONTAINING 27.03 FEET;THENCES64°13'01"W, Company,L.L.C.,an Illinois limited NORTHEASTERLY, 80.12 FEET, 1.47 ACRE,MORE OR LESS,AND ALONG AN ARC OF A 150.00 SUBJECT TO EASEMENTS AND ALONG SAID NORTH RIGHT OF- liability company (hereinafter FOOT RADIUS CURVE,CONCAVE RESTRICTIONS OF RECORD. WAY LINE, 180.79 FEET;THENCE "Owner")and Hy-Vee,Inc.,an Iowa SOUTHEASTERLY, WHOSE 79.17 LEGAL DESCRIPTION(TRACT S25°46'59"E, ALONG SAID corporation (hereinafter FOOT CHORD BEARS #31-REZONE FROM CH-1 TO NORTH RIGHT-OF-WAY LINE,2.00 "Applicant"). N49°00'00"E; THENCE CC 2 FEET; THENCE S64°13'01"W, WHEREAS,Owner is the legal title N64°18'08"E, 150.18 FEET, TO A COMMENCING AT THE ALONG SAID NORTH RIGHT-OF- holder of approximately 7.37 acres POINT ON THE EAST LINE OF NORTHWEST CORNER OF LOT WAY LINE, 39.43 FEET; THENCE of property located on the north SAID LOT 14; THENCE 14, ST. MATTHIAS SECOND 869°55'40"W, ALONG SAID side of North Dodge Street S01°12'11"E, ALONG SAID EAST ADDITION, IOWA CITY, IOWA, IN NORTH RIGHT-OF-WAY LINE, between Prairie Du Chien Road LINE, 27.51 FEET; THENCE ACCORDANCE WITH THE PLAT 40.20 FEET;THENCES64°13'01"W, and North Dubuque Road;and N64°12'45"E, 44.86 FEET, TO A THEREOF RECORDED IN PLAT ALONG SAID NORTH RIGHT-OF- WHEREAS,the City owns approx- POINT ON THE WEST LINE OF BOOK 17, AT PAGE 583, IN THE WAY LINE, 37.48 FEET; THENCE imately.42 acres of adjacent prop YEGGY'S FIRST ADDITION, IOWA RECORDS OF THE JOHNSON 888°48'35"W, ALONG SAID erty including right of-way of St. CITY, IOWA, IN ACCORDANCE COUNTY RECORDER'S OFFICE; NORTH RIGHT-OF WAY LINE, Clements Street, which the WITH THE PLAT THEREOF THENCE S01°11'15"E, ALONG 51.07FEET;THENCES01°56'19"E, Applicant proposes to purchase; RECORDED IN PLAT BOOK 6,AT THE WEST LINE OF SAID LOT 14, ALONG SAID NORTH RIGHT-OF and PAGE 49, IN SAID RECORDS OF A DISTANCE OF 107.61 FEET,TO WAY LINE, 33.08 FEET; THENCE WHEREAS, the Owner and THE JOHNSON COUNTY THE POINT OF BEGINNING; S64°13'01"W, ALONG SAID Applicant have requested the RECORDER'S OFFICE; THENCE THENCE N64°12'45"E, 123.87 NORTH RIGHT-OF-WAY LINE,9.29 rezoning of said property from N00°41'26"W,ALONG SAID WEST FEET;THENCE S01°11'25"E,99.09 FEET, TO ITS INTERSECTION Medium-Density Single-Family LINE OF YEGGY'S FIRST WITH THE EAST RIGHT-OF-WAY Residential (RS-8), Neighborhood ADDITION, FEET;THENCE S25°58'47"E,43.37 LINE OF PRAIRIE DU CHIEN Public (P-1), and Highway FEET; THENCE N64°13'01"E, ROAD; THENCE N01°11'15"W, Commercial (CH-1) to Planned 76.28 FEET,TO THE NORTHWEST ID 94.68 FEET;THENCE N01°12'11"W, CORNER OF LOT B OF SAID 146.79 FEET; THENCE ALONG SAID EAST RIGHT-OF- Development Overlay/Community YEGGY'S FIRST ADDITION; 146.79'45"E, 125.00 FEET, TO A WAY LINE,319.03 FEET,TO SAID Commercial(OPD/CC-2);and THENCE POINT ON THE EAST LINE OF LOT POINT OF BEGINNING, WHEREAS, the Planning and N65°07'33"E, ALONG THE 14 OF SAID ST.LINE OF LOT CONTAINING 5.90 ACRES, MORE Zoning Commission has deter- NORTH LINE OF SAID LOT B, SECOND ADDITION; THENCE OR LESS, AND SUBJECT TO mined that,with appropriate condi- 158.32 FEET,TO THE NORTHEAST N01°12'11"W,ALONG SAID EAST EASEMENTS AND RESTRICTIONS tions regarding redevelopment of CORNER THEREOF; THENCE LINE, 22.44 FEET; THENCE OF RECORD. the property with a design that is N00°36'30"W, ALONG THE EAST compatible with the adjacent resi- LINE OF LOT C OF SAID YEGGY'S N65°38'32"E,ALONG THE NORTH SECTION II. ZONING MAR. The dential neighborhood,the request- LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, AND ITS FIRST ADDITION, IOWA CITY, building official is hereby autho- ed zoning is consistent with the NORTHERLY PROJECTION IOWA, IN ACCORDANCE WITH rued and directed to change the Comprehensive Plan;and THEREOF, 123.75 FEET; THENCE THE PLAT THEREOF RECORDED zoning map of the City of Iowa City, WHEREAS, Iowa Code §414.5 N88°25'19"E,158.03 IN PLAT BOOK 6,AT PAGE 49, IN Iowa, to conform to this amend- (2011) provides that the City of FEET, TO THE NORTHWEST SAID RECORDS OF THE ment upon the final passage, Iowa City may impose reasonable CORNER OF AUDITOR'S PARCEL JOHNSON COUNTY RECORDER'S approval and publication of the conditions on granting an appli- 96064, JOHNSON COUNTY,' OFFICE, AND ITS WESTERLY ordinance as approved by law. cant's rezoning request, over and IOWA, IN ACCORDANCE WITH C.?j.3% � D)Existing evergreen screen- . �� be and mature trees will c� . be preserved along the v northwest side of the n_ • property where possible. ��JV�� E) A bus pull off,the design Q (� of which must be ��Aa•\ approved by the City THE PLAT THEREOF RECORDED Engineer, shall be con- IN PLAT BOOK 44,AT PAGE 325, RECORDS OF THE JOHNSON S64°12'45"W, 125.00 FEET; structed by the Applicant IN SAID RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE S01°12'11"E, 146.79 within the Dodge Street JOHNSON COUNTY RECORDER'S THENCE 501°11'05"E, ALONG FEET,TO A POINT ON THE SOUTH right-of-way. OFFICE; THENCE N88°48'55"E, SAID NORTH LINE, 27.69 FEET; LINE OF SAID LOT 14; THENCE F) Development and land- ALONG THE NORTH LINE OF SAID THENCE N88°48'55"E, ALONG S64°13'01"W, ALONG SAID scaping shall be generally AUDITOR'S PARCEL 96064, A THE NORTH LINE OF SAID SOUTH LINE,94.68 FEET;THENCE consistent with the DISTANCE OF 12.29 FEET; AUDITOR'S PARCEL 96064, A N25°58'47"W, 43.37 FEET; attached plan. THENCE S01°11'05"E, ALONG DISTANCE OF 12.29 FEET; THENCE N01°11'25"W,99.09 G) A parapet wall shall be SAID NORTH LINE, 157.65 FEET; THENCE S01°11'05"E, ALONG FEET; THENCE S64°12'45"W, provided on the northwest THENCE S64°53'24"W, ALONG SAID NORTH LINE,185.34 123.87 FEET,TO A POINT ON THE wall of the grocery store to THE NORTH LINE OF LOT X OF FEET; THENCE N88°48'55"E, WEST LINE OF SAID LOT 14; buffer roof top equipment. SAID YEGGY'S FIRST ADDITION, ALONG SAID NORTH LINE, 12.29 THENCE N01°11'15"W, ALONG 5. The Owner and Applicant, and AND ITS EASTERLY PROJECTION FEET,TO A POINT ON THE WEST SAID WEST LINE,22.00 FEET,TO City acknowledge that the con- THEREOF, 188.89 FEET, TO THE LINE OF LOT 10 OF ST.MATTHIAS SAID POINT OF BEGINNING, ditions contained herein are rea- NORTHWEST CORNER THEREOF; SECOND ADDITION, IOWA CITY, CONTAINING sonable conditions to impose on THENCE S65°38'32"W, ALONG IOWA, IN ACCORDANCE WITH 0.51 ACRE,MORE OR LESS,AND the land under Iowa Code THE NORTH LINE OF LOT Y OF THE PLAT THEREOF RECORDED SUBJECT TO EASEMENTS AND §414.5 (2011), and that said SAID YEGGY'S FIRST ADDITION, IN PLAT BOOK 17,AT PAGE 583, RESTRICTIONS OF RECORD. conditions satisfy public needs AND ITS WESTERLY PROJECTION IN SAID RECORDS OF THE 3. The Owner and Applicant that are caused by the THEREOF, 201.58 FEET, TO A JOHNSON COUNTY RECORDER'S acknowledge that the City wish- requested zoning change. POINT ON THE SAID EAST LINE OFFICE; THENCE N88°53'07"E, es to ensure conformance to the 6. The Owner and Applicant, and OF LOT 14 OF ST. MATTHIAS 193.31 FEET,TO A POINT ON THE principles of the Comprehensive City acknowledge that in the SECOND ADDITION; THENCE EAST LINE OF SAID LOT 10 OF ST. Plan and the North District Plan. event the subject property is S01°12'11"E, ALONG SAID EAST MATTHIAS SECOND ADDITION; Further,the parties acknowledge transferred, sold, redeveloped, LINE, 0.44 FEET; THENCE THENCE S01°11'05,ALONG SAID that Iowa Code §414.5 (2011) or subdivided,all redevelopment S64°12'45"W, 363.52 FEET, TO A EAST LINE, provides that the City of Iowa will conform with the terms of POINT ON THE WEST LINE OF 203.80 FEET, TO ITS City may impose reasonable this Conditional Zoning SAID LOT 14; THENCE INTERSECTION WITH THE NORTH conditions on granting an appli- Agreement. N01°11'15"W,ALONG SAID WEST RIGHT-OF-WAY LINE OF NORTH cant's rezoning request, over 7. The parties acknowledge that LINE,32.25 FEET,TO SAID POINT DODGE STREET; THENCE and above the existing regula- this Conditional Zoning OF BEGINNING, CONTAINING S64°13'01"W, ALONG SAID tions, in order to satisfy public Agreement shall be deemed to 1.47 ACRE,MORE OR LESS,AND NORTH RIGHT-OF-WAY LINE, needs caused by the requested be a covenant running with the SUBJECT TO EASEMENTS AND 592.68 FEET; THENCE change. land and with title to the land, RESTRICTIONS OF RECORD. S64°13'18"W, ALONG SAID 4. In consideration of the City's and shall remain in full force and LEGAL DESCRIPTION(TRACT NORTH RIGHT-OF-WAY LINE, rezoning the subject property, effect as a covenant with title to #31-REZONE FROM CH-1 TO 27.03 FEET;THENCE S64°13'01"W, Owner and Applicant agree that the land,unless or until released CC-2 ALONG SAID NORTH RIGHT-OF- development of the subject of record by the City of Iowa COMMENCING AT THE• WAY LINE, 180.79 FEET;THENCE property will conform to all other City. NORTHWEST CORNER OF LOT S25°46'59"E, ALONG SAID 8.The parties further acknowledge 14, ST. MATTHIAS SECOND NORTH RIGHT- OF-WAY LINE, requirements of the zoning that this agreement shall inure to ADDITION,IOWA 2.00 FEET;THENCE S64°13'01"W, .chapter,as well as the following the benefit of and bind all suc- CITY, IOWA, IN ACCORDANCE ALONG SAID NORTH RIGHT-OF- conditions: cessors, representatives, and WITH THE PLAT THEREOF WAY LINE,39.43 A) A buffer area generally assigns of the parties. RECORDED IN PLAT BOOK 17,AT FEET; THENCE S69°55'40"W, consistent with the 9. The Owner and Applicant PAGE ALONG SAID NORTH RIGHT-OF- attached plan shall be acknowledge that nothing in 583, IN THE RECORDS OF THE WAY LINE, 40.20 FEET; THENCE established along the this Conditional Zoning JOHNSON COUNTY RECORDER'S S64°13'01"W, ALONG SAID western property line of Agreement shall be construed to OFFICE; THENCE S01°11'15"E, NORTH RIGHT-OF-WAY LINE, the parcel rezoned to relieve the Owner or Applicant ALONG THE WEST LINE OF SAID 37.48 FEET;THENCES88°48'35"W, CC-2. This buffer must be from complying with all other LOT 14, A DISTANCE OF 107.61 ALONG SAID NORTH RIGHT-OF- screened to the S3 stan- applicable local, state, and fed- FEET, TO THE POINT OF WAY LINE, 51.07 FEET; THENCE dard. Wherever the buffer eral regulations. BEGINNING; THENCE S01°56'19"E, ALONG SAID area is less than 35 feet a 10. The parties agree that this N64°12'45"E, 123.87 FEET; NORTH RIGHT- OF-WAY LINE, masonry wall shall be pro- Conditional Zoning Agreement THENCE S01°11'25"E,99.09 FEET; 33.08 FEET;THENCE S64°13'01"W, vided consistent with the shall be incorporated by refer- THENCE ALONG SAID NORTH RIGHT-OF- attached plan. ence into the ordinance rezoning S25°58'47"E, 43.37 FEET; WAY LINE,9.29 B) No signs shall be permit- the subject property,-and that THENCE N64°13'01"E, 94.68 FEET, TO ITS INTERSECTION ted within the 35 foot buf- upon adoption and publication FEET; THENCE N01°12'11"W, WITH THE EAST RIGHT-OF-WAY fer,or on the north and/or of the ordinance,this agreement 146.79 FEET; THENCE LINE OF PRAIRIE DU CHIEN west sides of the conve- shall be recorded in the Johnson N64°12'45"E, 125.00 FEET, TO A ROAD; THENCE N01°11'15"W, nience store facing the County Recorder's Office at the POINT ON THE EAST LINE OF LOT ALONG SAID EAST RIGHT-OF- residential development, Applicant's expense. 14 OF SAID ST. MATTHIAS WAY LINE, 319.03 FEET,TO SAID except for a monument 11.This Agreement may be execut- SECOND ADDITION; THENCE POINT OF sign at the intersection of ed in two (2) or more counter- N01°12'11"W,ALONG SAID EAST BEGINNING, CONTAINING 5.90 Dodge Street and Prairie parts, each of which shall be ACRES, MORE OR LESS, AND Du Chien Road. There will deemed an original, but all of LINE, 22.44 FEET; THENCE SUBJECT TO EASEMENTS AND be no more than two (2) which taken together shall form N65°38'32"E,ALONG THE NORTH RESTRICTIONS OF RECORD. free-standing signs per- one and the same agreement. LINE OF LOT Y, OF YEGGY'S 2. The City is the legal title holder mitted along the Dodge For purposes of executing and FIRST ADDITION, IOWA CITY, of the property legally described Street frontage.Other fas- delivering this Agreement,a fac- IOWA, IN ACCORDANCE WITH as: cia and monument signs simile or scanned and emailed THE PLAT THEREOF RECORDED LEGAL DESCRIPTION(TRACT are permitted as per the signature shall be as effective as IN PLAT BOOK 6,AT PAGE 49, IN #11-REZONE FROM P-1 TO code. an original signature. SAID RECORDS OF THE CC-2 C) Any building or structure Dated this 3rd day of September, JOHNSON COUNTY RECORDER'S COMMENCING AT THE including canopies shall 2013. OFFICE, AND ITS WESTERLY NORTHWEST CORNER OF LOT be of a quality design PROJECTION THEREOF, 201.58 14, ST. MATTHIAS SECOND appropriate for property City: FEET, TO THE NORTHEAST ADDITION, IOWA CITY, IOWA, IN abutting a residential CITY OF IOWA CITY CORNER THEREOF; THENCE ACCORDANCE WITH THE PLAT neighborhood, including s/Matthew Hayek,Mayor N64°53'24"E,ALONG THE NORTH THEREOF RECORDED IN PLAT features such as stone Attest:s/Marian K.Karr,City Clerk LINE OF LOT X OF SAID YEGGY'S BOOK 17,AT PAGE and masonry materials, Owner: FIRST ADDITION, AND ITS 583, IN THE RECORDS OF THE standing seam metal Roberts Dairy Company, LLC, an EASTERLY PROJECTION JOHNSON COUNTY RECORDER'S roofs, and muted colors. Illinois limited liability company THEREOF, 188.89 FEET, TO A OFFICE;THENCE S01°11'15"E, The design of any build- By: s/Gary L.Aggus POINT ON THE NORTH LINE OF ALONG THE WEST LINE OF SAID ings as well as associated Its:Partner AUDITOR'S PARCEL 96064, LOT 14, A DISTANCE OF 85.61 structures and facilities Applicant: JOHNSON COUNTY, IOWA, IN FEET, TO THE POINT OF must be presented to and Hy-Vee,Inc.,an Iowa corporation ACCORDANCE WITH THE PLAT BEGINNING; THENCE approved by the Design By: s/Anthony McCann, Sr. Vice THEREOF RECORDED IN PLAT N64°12'45"E, 363.52 FEET, TO A Review Committee prior to President BOOK 44, AT PAGE 325, IN SAID POINT ON THE EAST LINE OF the City issuing a building By: s/Nathan Allen, SAID LOT 14; THENCE permit. Its:Assistant Secretary S01°12'11"E, ALONG SAID EAST LINE, 22.00 FEET; THENCE September 12,2013 Cont on Next Page .,.., , 0 CA.Q--. „,„,..„,....,\ N . -.,,21.1,L_ S4_ • crt (-(' R t, - a'-• , m - > liA ---■ - -* c)r-ljt,,,,,L.: zr) 03 fg / 11 ' •0>, lett_.1 7.'2.a 5 ---... ■ LT_ LL 0 V. .- ..., i lily 5 .,.14.,,- 0 a -,4- a „ 3 -Ti a_ A EEL) !!11111,1 'iii; i',',',1- P 1 ! _ _1 11'i 1 iiii ".;§)2 . , , < 5 ■,#g ',5,c3 1- A cc u_ o 3 1 8 8 ...., : t 1 1 N1111 I I 0•00 Lg:a 6:4 O u e Ti 1-= ,.-I tu'r tn to., 0 \,. 03 0 — o_ < ,‘ , \ 1 \ trI'D \ ,, ;k;: *-1:to,: i\s..)‘.,ss ,,\\‘.\\ ci. \\,: .....4 , \ LL k g,, mg 1., \‘,„ \ \ 0 'hi[ \\ , \ , Z 1 W Z— 81L i--- avai < i I . 0 i 7 lj il ,.... \ ‘ ,(D\ \f, 145‘ ... , . 0\ .\ :\ \ LT_ LJ_I g4'71-CLEMENT ST. ■=111111V., , ,n.\ , \ \ t I— §5,,--—1—— ..,%, 1 k; \!..rd I,. ,..\\Or. .,■I '.:\ \\\ \ * I V) N N. \ .,\— , \ \ 4 „...,1, \ . , .... \ \... .„--. v \:*-7- -1.■\-- \ ' * . — , z e- 1- , :. \ \ ;4.-1!■• \)-: W N A \ 0 i $ I , 1 I IA V '1 1411 •' A.1.---.10 1 T., : 74 co - . ---- HIEN ROAD i II < 0 ii LL ,..,ihp>K2m— — 0 3 — 8 g z 4 o . - A ... .7, 0_ 03 0, O 7 CO) ...` •I'• a, 0 V ? 5 _.1 -,,5, c• t. o Li. E • 2 ,,,1%.r 0It^' ..• C.e "4" O ''''- 'a' 0 o 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. 13-4548, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. • Julie K. Voparil Deputy City Clerk Printer's Fee$. LI --o 5 OFFICIAL PUBLICATION St. Clement Street and the ORDINANCE NO.13-4548 Northerly Line of the Tract of CERTIFICATE OF PUBLICATION AN ORDINANCE VACATING A Land Condemned by PORTION OF ST.CLEMENT Proceedings Recorded in Book STREET.(VAC12-00005) Records at the Page 874, County y STATE OF IOWA, WHEREAS, the applicant, Records r'sthe Johnson c ' Hy-Vee Food Stores, Inc., has Recorder's Office; Thence requested that the City vacate a Line, 31"9 along said West JOHNSON COUNTY,SS: portion of St.Clement Street right- Line, '45 E, feet; Thence n t of-way located between 1109 and West o,to a Point Yeggy's the 1123 N. Dodge Street,the site of West Addition,io of Lot A of accordance Roberts Dairy;and First Addition, in accordance THE IOWA CITY PRESS-CITIZEN WHEREAS, an alternative with the Plat thereof Recorded in Plat access will be provided to the nine Book the properties located north Records of the the e Page 49,Johnson County y FED.ID#42-0330670 of this right-of-way requested for Recorder's Office; Thence vacation via a newly dedicated St. Line of'26"E, along said West �`� C. \-`.°.s Clement Street to be located within Line of Lot A,a distance of 31.52 I, aT�7 ` , property to the north of the dairy; feet, to the Southwest Corner and thereof and a Point on the North WHEREAS, the relocated street Line of Lot Y of said Yeggy's being duly sworn,say that I am will provide a defined and safe First Addition;along dhNorh access to residential properties Line,1 '32"W, along said North the legal clerk of the IOWA CITY located to the north, and provide Line,17.33 feet,to the Northwest g access to the proposed grocery Corner of said Lot Y,and a point PRESS-CITIZEN,a newspaper and convenience stores adjacent on the East Line of St.Clement to the right-of-way being dedicat- Street; Thence S01°12'11"E, published in said county,and ed;and along said East Line, 190.49 WHEREAS, it is in the City's feet, to the Point of Beginning. that a notice,a p rinted copy of interest to vacate and dispose of Said Right-of-Way Vacation public right-of-way, or Parcel contains 9,446 square p g y, portions which is hereto attached,was thereof,that will no longer be nec- feet(0.22 Acre)and is subject to easements and restrictions of essary for public access;and published in said paper__J____ WHEREAS,WHEREAS, easements will be SECTION II. REPEALER. All retained for existing utilities or utili- time(s), on the following date(s): ties will be relocated at the appli- ordinances and parts of ordinanc- es in conflict with the provision of WHEREAS, the Planning and this Ordinance are hereby repealed. _ Zoning Commission recommend- SECTION III. SEVERABILIof If �— — ' I ed vacation of this portion of this any section,provision or part of the ,1 right-of-way subject to relocation Ordinance shall be adjudged to be L of utilities or the retention of neces- invalid or unconstitutional, such sary easements,and dedication of adjudication shall not affect the an alternative street right-of-way. validity of the Ordinance as a WHEREAS, the applicant has whole or any section, provision or Legal Clerk submitted a preliminary plat of the part thereof not adjudged invalid or Roberts Dairy Addition, which unconstitutional. includes an acceptable alternative SECTION IV. EFFECTIVE DATE, location for St.Clement Street'. This Ordinance shall in effect Subscribed and sworn to NOW, THEREFORE, BE IT after its final passage, approval before me this /2-24"—day of ORDAINED BY THE CITY anvil publication, as provided by COUNCIL OF THE CITY OF IOWA A.D.20 /3 . CITY,IOWA: Passed and approved this 3rd day SECTION I.VACATION. Subject of September,2013. to relocation of utilities or the s/Matthew J.Hayek,Mayor ` retention of necessary easements Attest:s/Marian K.Karr,City Clerk c and dedication of an alternative PG8000026178 September 12,2013 street right-of-way acceptable to the City, the City of Iowa City Notary Public hereby vacates the portion of the St. Clement Street right-of-way LINDA KROTZ legally described as follows: _0./+c, Beginning at the Northwest Commission NfEmber 732619 Corner of Lot 5 of Block 2 in St.•• My Commission Expires Matthias 2nd Addition to Iowa ovr�►e■ January 27.2014 City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of the Johnson County Recorder's Office; Thence S01°12'11"E, along the East Line of St. Clement Street,142.54 feet,to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence S64°13'18"W,27.03 feet,to the intersection of the West Line of 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. 13-4549, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. C,V x1ti. J li aril Deputy City Clerk OFFICIAL PUBLICATION ORDINANCE NO.13-4549 Printer's Fee$ JJ ORDINANCE AMENDING TITLE 3,ENTITLED"FINANCES, TAXATION AND FEES," CERTIFICATE OF PUBLICATION CHAPTER 4,ENTITLED "SCHEDULE OF FEES,RATES, CHARGES,BONDS,FINES,AND PENALTIES,"SECTION 5, STATE OF IOWA, ENTITLED"SOLID WASTE DISPOSAL,"OF THE CITY CODE TO INCREASE OR CHANGE JOHNSON COUNTY,SS: CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter THE IOWA CITY PRESS-CITIZEN 364,Code of Iowa(2013),the City of Iowa City provides certain solid waste collection and disposal ser- FED.ID#42-0330670 vices;and WHEREAS, it is in the public interest to increase certain fees ccn C and charges associated with said solid waste collection and disposal services;and being duly sworn,say that I am WHEREAS, see to vise City � )' Council proposes to increase resi- the legal clerk of the IOWA CITY dential solid waste collection fees to adequately finance operational osts;and PRESS-CITIZEN,a newspaper cWHEREAS, the City Council wishes to codify fees for some published in said county,and landfill products that have previ- that a notice,a printed copy of ously NOW, set R by FOiRE;and p 1'Y NOW, THEREFORE, BE IT which is hereto attached,was C BY THE CI O COUNCIL OF THE CITY OF published in said paper I Iowa CITY,IOWA: p P SECTION I.AMENDMENT.Title 3, time(s), on the following date(s): entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees,Rates,Charges, ? Bonds, Fines, and Penalties," ern e la IX13 Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the fee for the following �+•- items: Yard waste"Annual stamp, per container 20.00" to "Annual sticker,per container$25.00",and Legal Clerk yard waste bags from 1.00 to $1.25; 1st bulky item picked up from $10.00 to $12.50, and addi- Subscribed and sworn to tional bulky items picked up from $5.00 to$6.00;Tire collection from before met is /...1-1d-day of $3.00 to $3.75 per tire, and from A.D.20 /3 $6.00 to$7.50 per tire&rim;Solid waste from "$11.40 minimum, including 2 containers per week; / additional containers $1.00 per container" to "$11.40 per refuse cart per month; $1.25 per sticker for additional bags";and Notary Public Setting the fee for the following items: Iowa City Community _OM.4, LINDA KROTZ Compost $20.00 per ton, $2.00 o Commission Number 73261 minimum;Wood chip mulch$10.00 ? per ton,$2.00 minimum;Electronic• My Commission Expires waste: $2.00 per item, N's or °W1 Janu 27,2014 monitors less than 18"$10.00 per item,N's or monitors 18"or great- er$15.00 per item;and Adding a dollar sign($)before all fee amounts. SECTION II. REPEALER. All ordinances and parts of ordinanc- es 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. All rate changes will be effective October 1, 2013, with the excep- tion of yard waste annual stickers, which shall be effective April 1, 2014. Passed and approved this 3rd day of September,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk PC-8000026177 September 12,2013 ' r l 4.. '44714141140 1333 11W 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. 13-4550, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. JUtieW. Voparil Deputy City Clerk OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.13-4550 CITY,IOWA: Printer's Fee $ 5 AN ORDINANCE AMENDING SECTION I. The Code of TITLE 14:ZONING TO broaden Ordinances of the City of Iowa City, the uses allowed in the Intensive Iowa is hereby amended as fol- CERTIFICATE OF PUBLICATION Commercial(CI-1)Zone. lows: WHEREAS, an ad hoc committee A. Amend 14-2C-2 Land Uses of private citizens was appointed Allowed, Table 2C-1, Principal STATE OF IOWA, by the City Manager to review the Uses Allowed in Commercial zoning regulations in several of the Zones,to indicate the following: City's commercial zoning districts *Designate Eating Establishments JOHNSON COUNTY,SS: due to concerns expressed by as"Permitted Uses"in the CI-1 J + some in the business community; Zone; and •Designate Drinking THE IOWA CITY PRESS-CITIZEN WHEREAS, said committee for- Establishments as "Provisional warded a summary of their conclu- Uses"in the CI-1 Zone; sions and recommendation to the •Designate Medical/Dental Planning and Zoning Commission; Offices as "Permitted Uses" in FED.ID#42-0330670 WHEREAS, the Committee con- the CI-1 Zone; � eluded that some of the distinc- *Designate Personal Service- _ tons between the land uses Oriented Retail Uses as 1, , allowed in the Intensive Commercial "Permitted Uses" in the CI-1 (CI-1) Zone versus the broader Zone; • commercial uses allowed in the *Designate Hospitality-Oriented being duly sworn,say that I am Community Commercial (CC-2) Retail Uses as"Permitted Uses" Zone may be unduly constraining in the CI-1 Zone; the legal clerk of the IOWA CITY the market; •Designate Sales-Oriented Retail WHEREAS,a majority of the com- Uses as"Permitted Uses"in the PRESS-CITIZEN,a newspaper mittee concluded that opening up CI-1 Zone; the possibility of additional uses in •Designate Religious & Private published in said county,and the CI-1 Zone,such as restaurants, Group Assembly Uses as medical offices,and a wider variety "Permitted Uses" in the CI-1 that a notice,a printed copy of of retail uses would not have a Zone. significant negative effect on CI-1 B.Delete paragraph 14-4B-4B-11, which is hereto attached,was zoned properties and that it would Specific Approval Criteria for be better to allow buyers to more Provisional Uses and Special published in said paper__ freely choose a location for their Exceptions for Drinking business based on their own needs Establishments and substitute in time(s), on the following date(s): and assessment of the merits of lieu thereof: any specific property;and 11, Drinking Establishments in WHEREAS, the committee the CH-1, CI-1, CC-2, CB-2, . m — 3 acknowledged that allowing this CB-5,CB-10 Zones broader range of uses in the CI-1 Within the University Impact Area, Zone would shift more of the as illustrated on Map 26.1 within responsibility to the property buyer Section 14-28-f or the Riverfront to consider the possibility that qua- Crossings District, as illustrated in si-industrial or intensive commer- Figure 2C.8 within Section 14-2C- cial uses, which are more likely to 11 a Drinking Establishment, as Legal Clerk have outdoor work areas, outdoor defined in this Title,must be sepa- storage,or other aspects that may rated by a minimum distance of result in noise, dust, odors, may 500 feet from any other Drinking also locate in the same zone;and Establishment. Distance shall be Subscribed and sworn to WHEREAS, despite the greater measured along a straight line from before me this ,36.11-clay of possibility for incompatibilities the nearest property line(or nearest between uses in the CI-1 Zone,the point of the leased building space) A.D.20 /3 . committee concluded that the ben- of the proposed use to the nearest efits of providing for a more uncon- property line (or nearest point of strained market for commercial the leased building space) of any property outweighed these risks, other Drinking Establishment. For and therefore recommended that example, in the case of a Drinking the uses allowed in the CI-1 Zone Establishment that is located on a be expanded to allow the following lot with multiple leased building ' C C CC-2 uses, and any associated spaces, such as a shopping mall, mat L • accessory uses, such as drive- the distance is measured from the o . Commission Number 732619 through facilities, with the same nearest point of the leased building • My Commission Expires standards and provisions called space occupied by a Drinking out in the CC-2 Zone: restaurants Establishment to the nearest prop- • o„► Janu. V,2014 and bars;medical and dental offic- erty line or leased building space of es; personal services; hotels and any other Drinking Establishment. motels;religious and private group C. Delete the Specific Approval assembly;and sales-oriented retail Criteria for Provisional Uses and uses;and Special Exceptions for Sales- WHEREAS, the Planning and Oriented Retail in the CI-1 Zone Zoning Commission has reviewed contained in paragraph 14-4B-4B- ' the committee's recommended 18, and renumber subsequent changes to the Zoning Code and paragraphs accordingly. recommended that these changes D. Delete Table 4C-1 within sub- be approved. section 14-4C-2K,Accessory Uses NOW, THEREFORE, BE IT and Buildings Specific Approval ORDAINED BY THE CITY Criteria, and substitute in lieu COUNCIL OF THE CITY OF IOWA thereof: Table 4C-1: Drive-Through Facilities Zone Drive-through facilities Additional requirements allowed ID Zones None permitted Not applicable Residential None Permitted Not applicable Zones CO-1 Zone Limited to facilities that Special exception are accessory to financial required.See additional institutions approval criteria listed below. CH-1 Permitted Drive through lanes must be set back at least 10 feet from property lines and must be screened from view of any abutting Residential Zone to the S3 standard(See Article 14-5F,Screening and Buffering Standards). CN-1 Zone Limited to facilities that Special exception are accessory to financial required.See additional institutions and pharma- approval criteria listed cies. Maximum of 2 below. lanes allowed for a finan- cial institution;Maximum of 1 lane allowed for a pharmacy CI-1,CC-2 Permitted by special Special exception and CB-2 exception required.See additional Zones approval criteria listed below. CB-5,CB-10 None permitted Not applicable Zones SECTION II. REPEALER. All ordi- unconstitutional. nances and parts of ordinances in SECTION IV. EFFECTIVE DATE. conflict with the provisions of this This Ordinance shall be in effect Ordinance are hereby repealed. after its final passage,approval and SECTION III. SEVERABILITY. If publication,as provided by law. any section,provision or part of the Passed and approved this 17th Ordinance shall be adjudged to be day of September,2013. invalid or unconstitutional, such adjudication shall not affect the s/Matthew J.Hayek,Mayor validity of the Ordinance as a whole Attest:s/Marian K.Karr,City Clerk or any section, provision or part thereof not adjudged invalid or September 26,2013 PC-6000026714 _"6" ww®rgr 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. 13-4551, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. Ju K. Voparil Deputy City Clerk 1 -1 OFFICIAL PUBLICATION SECTION II. REPEALER. All ordi- Printer's Fee$ 3-4 • 13 ORDINANCE NO.13-4551 nances and parts of ordinances in AN ORDINANCE AMENDING conflict with the provisions of this TITLE 14:ZONING CODE TO Ordinance are hereby repealed. CERTIFICATE OF PUBLICATION DELETE SPECIFIC STREET SECTION III. SEVERABILITY. If WIDTH REQUIREMENTS FOR any section,provision or part of the DAYCARE USES,GENERAL Ordinance shall be adjudged to be STATE OF IOWA, EDUCATIONAL FACILITIES, invalid or unconstitutional, such AND RELIGIOUS/PRIVATE adjudication shall not affect the GROUP ASSEMBLY. validity of the Ordinance as a 1 JOHNSON COUNTY,SS: WHEREAS, the current Zoning whole or any section, provision or Code requires that an applicant for part thereof not adjudged invalid or a special exception for Daycare unconstitutional. Uses,General Education Facilities, SECTION IV. EFFECTIVE DATE. THE IOWA CITY PRESS-CITIZEN and Religious/Private Group This Ordinance shall be in effect Assembly Uses in certain zones after its final passage, approval must demonstrate to the Board of and publication, as provided by FED.ID#42-0330670 Adjustment that vehicular access law. will be via a street with pavement Passed and approved this 17th width greater than 28 feet;and day of September,2013. WHEREAS, a number of long- established churches, daycares, s/Matthew J.Hayek,Mayor and schools have vehicle access Attest:s/Marian K.Karr, being duly sworn,say that I am along streets that do not meet this City Clerk minimum street width requirement, the legal clerk of the IOWA CITY yet are compatible with the adja- September 26,2013 cent neighborhood;and PC-6000026761 PRESS-CITIZEN,a newspaper WHEREAS, the current Zoning Code contains other specific and published in said county,and general approval criteria for this type of special exception that con- that a notice,a printed copy of sider vehicle circulation, parking, ingress and egress, pedestrian which is hereto attached,was facilities,public safety,and poten- tial impacts on surrounding proper- published in said paper_L. ties;and WHEREAS,Staff recommends that time(s),on the following date(s): the specific approval criteria regarding the minimum pavement • width be deleted from the specific e C - approval criteria,as it is too restric- tive given that other existing ,.. approval criteria require the Board to consider, on a case-by-case basis, the potential traffic-related impacts of the specific proposed use; Leal Clerk WHEREAS, the Planning and Legal Zoning Commission has reviewed this ordinance amendment and Subscribed and sworn to recommends approval. NOW, THEREFORE, BE IT before me this /'1da of ORDAINED BY THE CITY y COUNCIL OF THE CITY OF IOWA )'A _t,2c A.D.20 . CITY,IOWA: SECTION I. The Code of �r Ordinances of the City of Iowa City, ftw� Iowa is hereby amended deleting the following paragraphs, and renumbering any subsequent para- graphs accordingly: Notary Public 1.14-4B-4D-6c, Vehicular Access for Daycare Uses; LINDA KROTZ 2.14-4B-4D-8a, Vehicular Access for General Education Facilities Comm�ssionNumber732619 in RR-1, RM-12, RM-20, RNS- my Commission Expires 20,RM44,PRM,MU,and CO-1 Janua 27,2014 zones; 3.14-4B-4D-9a, Vehicular Access for General Education Facilities in the RS-5, RS-8, RS-12, and RNS-12 zones; 4.14-4B-4D-14a, Vehicular Access Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 zones;and 5.14-4B-4D-15a, Vehicular • Access for Religious/Private Group Assembly in the ID-RS, RS-5, RS-8, RS-12, and RNS- 12 zones. ' r l ii4M,CM II ''W'®uc 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. 13-4552, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. JftiVoparil Deputy City Clerk • OFFICIAL PUBLICATION 303.23 feet along said westerly Q �— ORDINANCE NO.13-4552 right of way line,on a 630.00 foot Printer's Fee$ c�3-/ .)' ORDINANCE CONDITIONALLY radius curve,concave northeaster- REZONING 1.05 ACRES OF ly,whose 300.31 foot chord bears LAND LOCATED ON NORTH 1st SO4°48'29"E to the northeasterly CERTIFICATE OF PUBLICATION AVENUE,NORTH OF corner of Lot 3 of First and ROCHESTER AVENUE FROM Rochester Addition Part One; LOW-DENSITY MULTI-FAMILY thence S89°36'20"W, 122.87 feet STATE OF IOWA, (RM-12)ZONE TO PLANNED along the north line; thence DEVELOPMENT OVERLAY/LOW- N00°32'36"E, 296.79 feet; thence DENSITY MULTI-FAMILY(OPD/ N89°09'37"E, 157.02 feet to the JOHNSON COUNTY,SS: RM-12)ZONE.(REZ13-00004) point of beginning. WHEREAS, the applicant, Jeff SECTION II. ZONING MAP, The Miller Construction,has requested building official is hereby autho- THE IOWA CITY PRESS-CITIZEN a rezoning of property located at rized and directed to change the North 1st Avenue, north of zoning map of the City of Iowa City, Rochester Avenue, from Low- Iowa, to conform to this amend- FED.ID#42-0330670 Density Multi-Family Residential ment upon the final passage, (RM-12) to Low-Density Multi- approval and publication of the l Family Residential with Planned ordinance as approved by law. Development Overlay (OPD/ SECTION III. CONDITIONAL I,_ Develop and ZONING AGREEMENT,The mayor WHEREAS, the subject property is hereby authorized and directed was conditionally rezoned from to sign, and the City Clerk attest, 1 being duly sworn,say that I am Low-Density Single-Family the Conditional Zoning Agreement Residential (RS-5) to RM-12 in between the property owner(s)and the legal clerk of the IOWA CITY 2012, and at that time the appli- the City, following passage and cant's engineer had not yet delin- approval of this Ordinance. PRESS-CITIZEN,a newspaper eated the critical and steep slopes SECTION IV. CERTIFICATION on the property;and AND RECORDING. Upon passage published in said county,and WHEREAS,during site plan review, and approval of the Ordinance,the it was determined that more than City Clerk is hereby authorized and that a notice,a printed copy of 35%of critical slopes found on the directed to certify a copy of this property were proposed for distur- ordinance,and record the same in which is hereto attached,was bance, which means a Level II the Office of the County Recorder, i review through the planned devel- Johnson County, Iowa, at the published in said paper opment rezoning process would be Owner's expense, upon the final required;and passage,approval and publication time(s), on the following date(s): WHEREAS, the' Planning and of this ordinance, as provided by Zoning Commission has the law. � I D� �13 reviewed the proposed rezoning SECTION V.REPoAoER.All ordi- nances and determined that it complies SECTION and parts of ordinances in with the Comprehensive Plan pro- vi conflict with the provisions of this ided that it meets conditions Ordinance are hereby repealed. mposed to address certain public SECTION VI. SEVERABILITY, If needs caused by the rezoning, more specifically to promote safety any section,provision or part of the in the design and construction of Ordinance shall be adjudged to be Legal Clerk developments on sloping sites, to invalid or unconstitutional, such minimize soil instability and ero- adjudication shall not affect the sion, to prevent landslides, flood- validity of the Ordinance as a whole Subscribed and sworn to ing,and mudslides;to preserve the or any section, provision or part scenic character of hillside areas; thereof not adjudged invalid or before me this, I- day of and to provide a landscaping buffer unconstitutional. of non-invasive plant species SECTION VII. EFFECTIVE DATE, A.D.20 /3 • between the development and This Ordinance shall be in effect Hickory Hill Park;and after its final passage,approval and WHEREAS, Iowa Code §414.5 publication,as provided by law. . (2013) provides that the City of Passed and approved this 17th Iowa City may impose reasonable day of September,2013. conditions on granting an appli- s/Matthew J.Hayek,Mayor Notary Public cant's rezoning request, over and Attest: s/Mariari K. Karr, City above existing regulations,in order Clerk to satisfy public needs caused by CONDITIONAL ZONING *�a� LINDA KROTZ the requested change;and AGREEMENT tf Commission Number 73261 e .. WHEREAS, the owner and appli- THIS AGREEMENT is made Comtmissiom Expires cant have agreed that the property between the City of Iowa City, �/,2614 shall be developed in accordance Iowa, at municipal corporation with the terms and conditions of (hereinafter "City"), the Regina the Conditional Zoning Agreement Foundation (hereinafter "Owner"), attached hereto to ensure appro- and Jeff Miller Construction(here- priate development in this area of inafter"Applicant"). the city. WHEREAS,Owner is the legal title NOW, THEREFORE, BE IT holder of approximately 1.05 acres ORDAINED BY THE CITY of property located on North 1st COUNCIL OF THE CITY OF IOWA Avenue, north of Rochester CITY,IOWA: Avenue, south of the North 1st SECTION I APPROVAL, Subject Avenue-Stuart Court intersection, to the Conditional Zoning and east of the Regina High School Agreement attached hereto and sports field and track;and incorporated herein, property WHEREAS,the Owner has request- described below is hereby reclassi- ed the rezoning of said property to fied from its current zoning desig- add a Planned Development j nation of RM-12 to OPD/RM-12: Overlay designation related to a LEGAL DESCRIPTION Level II Sensitive Areas Review due Commencing at the northwest cor- to proposed disturbance of over ner of Section 12, Township 79 35% of the critical slopes on the North, Range 6 West of the Fifth property;and Principal Meridian; thence WHEREAS, the Planning and S00°02'26"W, 600.07 feet along Zoning Commission has the the west line of said Section 12; reviewed the proposed rezoning thence S89°09'37"W,25.38 feet to and determined that it complies a point on the west right of way line with the Comprehensive Plan pro- of First Avenue and the point of vided that it meets conditions beginning; thence southeasterly, 1 • cam. . 3 - 4S�---- ixiL, a ,>r,,,zi N . ,s* \3 imposed to address certain public needs caused by the rezoning, Report issued by Terracon more specifically to promote safety dated July 12th, 2013 and unless or until released of record in the design and construction of shall be signed and sealed by by the City of Iowa City. developments on sloping sites,to a professional structural engi- The parties further acknowledge minimize soil instability and ero- neer, certified in the State of that this agreement shall inure to sion, to prevent landslides, flood- Iowa, prior to approval of the the benefit of and bind all succes- ing,and mudslides;to preserve the site plan. The professional sors,representatives,and assigns scenic character of hillside areas; structural engineer of record of the parties. and to provide a landscaping buffer will certify the retaining walls 7. The Owner and Applicant of non-invasive plant species and foundations were con- acknowledge that nothing in this between the development and structed per plan prior to the Conditional Zoning Agreement Hickory Hill Park;and Certificate of Occupancy; shall be construed to relieve the WHEREAS, Iowa Code §414.5 b. Development of the property Owner or Applicant from comply- (2011) provides that the City of is consistent with the submit- ing with all other applicable local, Iowa City may impose reasonable ted Preliminary Sensitive Areas state,and federal regulations. conditions on granting an appli- Site Development Plan date 8. The parties agree that this cant's rezoning request, over and 4/11/13 with a revised date of Conditional Zoning Agreement above existing regulations,in order 6/5/13, attached hereto, that shall be incorporated by reference to satisfy public needs caused by indicates the layout of the into the ordinance rezoning the the requested change;and building,parking,landscaping, subject property, and that upon WHEREAS, the Owner acknowl- driveway location, and storm adoption and publication of the edges that certain conditions and water facilities; ordinance, this agreement shall restrictions are reasonable to c. The building is designed in be recorded in the Johnson ensure the development of the general accordance with the County Recorder's Office at the the elevation drawings, Applicant's expense. is consistent with t submitted elevator 9 property - Dated this 17th day of September, Plan and the need hereto,with any addi- y S p , Comprehensive Pla attached Y Comp a for protection of environmentally- tional changes or conditions 2013. sensitive areas;and imposed by the Design Review WHEREAS, the Owner agrees to Committee to ensure that the CITY OF IOWA CITY develop this property in accor- building complies with the s/Matthew J.Hayek,Mayor dance with the terms and condi- Central Planning District multi- Attest:s/Marian K.Karr,City Clerk tions of a Conditional Zoning family site development stan- Agreement. dards and other conditions Jeff Miller Construction,Inc., NOW, THEREFORE, in consider- related to landscaping and APPLICANT ation of the mutual promises con- screening as set forth in this s/Jeff Miller,President tained herein,the parties agree as agreement; (Name,Title) follows: d.Areas north of the parking lot 1. The Regina Foundation is the must be planted and main- Regina Foundation,OWNER legal title holder of the property tained with a combination of s/April Rouner legally described as: trees,shrubs,and ground coy- Ex.Director,Regina Foundation Commencing at the northwest cor- ers as recommended in the (Name,Title) ner of Section 12, Township 79 approved list of Johnson North, Range 6 West of the Fifth County Heritage Trust rather September 26,2013 Principal Meridian; thence PC. 00026717 S00°02'26"W, 600.07 feet along than turf grass; the west line of said Section 12; e.Any retaining walls over three thence S89°09'37"W,25.38 feet to feet in height that are visible a point on the west right of way line from the public right-of-way of First Avenue and the point of shall be screened with appro- beginning; thence southeasterly, priate landscaping to soften 303.23 feet along said westerly the view of the walls from First right of way line,on a 630.00 foot Avenue; radius curve,concave northeaster- f. Where possible, additional ly,whose 300.31 foot chord bears trees of an appropriate species SO4°48'29"E to the northeasterly for the location shall be plant- corner of Lot 3 of First and ed south of the building to Rochester Addition Part One; provide additional tree cover- thence S89°36'20"W, 122.87 feet age to replace trees that are along the north line; thence removed during construction; N00°32'36"E, 296.79 feet; thence and N89°09'37"E, 157.02 feet to the g.A landscaping plan to imple- point of beginning. ment conditions d, e., and f, 2. The Owner acknowledges that shall be submitted to the the City wishes to ensure confor- Design Review Committee for mance to the principles of the review and approval. Comprehensive Plan and the 4.The Owner, Applicant, and City Central District Plan. Further,the acknowledge that the conditions parties acknowledge that Iowa contained herein are reasonable Code§414.5(2013)provides that conditions to impose on the land the City of Iowa City may impose under Iowa Code§414.5 (2013), reasonable conditions on granting and that said conditions satisfy an applicant's rezoning request, public needs that are caused by over and above the existing regu- the requested zoning change. lations, in order to satisfy public 5.The Owner, Applicant, and City needs caused by the requested acknowledge that in the event the I change. subject property is transferred, ■ 3. In consideration of the City's sold,redeveloped,or subdivided, rezoning the subject property, all redevelopment will conform Owner and Applicant agree that with the terms of this Conditional development of the subject prop- Zoning Agreement. erty will conform to all other 6. The parties acknowledge that requirements of the zoning chap- this Conditional Zoning ter,as well as the following condi- Agreement shall be deemed to be tions: a covenant running with the land a. The design of the retaining and with title to the land,and shall walls and foundations for the remain in full force and effect as a development shall incorporate covenant with title to the land, the recommendations con- tained within the submitted Geotechnical Engineering ,.. .. - 3 (1, ---,,-k-r,(N.,.). , C , ..... PRELIMINARY SENSITIVE AREAS SITE DEVELOPMENT PLAN r., 7: THE PIEDMONTE IOWA CITY,IOWA INI ,....... .... ......„...., .„......... .219.t. ...,,,,,..- i,,,,,:rz.- --,•- :::=1.,„... ..' li,11 ' / 'l "'',,,,,,' ..„....... ........ ....,' 1fit T'T'w-il f c , - '' ittig.x...... I , ,„ , ,ale-ri .:A4,,.,.I..‘• ,‘i, .. eittli ) 'p ! .,,r, / ,^1-"-"* 2 E tt „..-...„„,.....- NIE, at 414,vtizrotti,411 - n ........ .-,-...,-.itsfrz. , .1 gi ■ in.), ': it\ .,--- ‘' ,, ...,.. ... , ... 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'Fi'R6igr- , :iliO",,i ow— iitly --- ...i., \ \ ',., *--- gmk._-_-,-*.------- - `-, 1......•£1.11 ' -OM •-, 41 • % ', ...I:4, \ e '(\\ i-,,:re== /-nitafin ;.;,-.::-71 i '/ ,-i war.. •,:z....r.,..,..-..,:r........., rr„....,,,,mi —— ',gad ANA041Efilla rims 11011 Mae.'. ---.'s-, ti-rit.' , IT'-71 „3) r 1 ''W'®'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. 13-4553, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. Julie . Voparil Deputy City Clerk Printer's Fee$ - • CERTIFICATE OF PUBLICATION ORDINANCE PUBLICATION ORDINANCE AMENDING TITLE STATE OF IOWA, 9,MOTOR VEHICLES AND TRAFFIC,CHAPTER 5,PARKING METER ZONES AND PARKING JOHNSON COUNTY,SS: PARKING LOTS:TO ASSIGN THE CITY MANAGER,OR THE IOWA CITY PRESS-CITIZEN RESPONSIBILITY EE,T AND AUTHORITY TO SET THE DAYS FED.ID#42-0330670 AND TIMES FOR WHICH A FEE MAY BE CHARGED,AS WELL AS THE LENGTH OF TIME A VEHICLE MAY BE PARKED,IN I, ` CITY LOTS. WHEREAS,under current law,City Council is responsible for setting, being duly sworn,say that I am by resolution,the"times during the day or night,the length of time that the legal clerk of the IOWA CITY a vehicle may be parked and the days in which a fee shall be PRESS-CITIZEN,a newspaper charged";and WHEREAS,City Council wishes to published in said county,and assign the responsibility for setting those matters to the City Manager, that a notice,a printed copy of or designee;and WHEREAS,it is in the best interest which is hereto attached,was of the City to adopt this amend- published in said paper j____ ment.NOW, THEREFORE, BE IT time(s),on the following date(s): ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION I.AMENDMENTS. • a' . 3 TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND PARKING —'°— LOTS, SECTION 4, USE OF �� PARKING LOTS:, PARAGRAPH A. FEES,SUBPARAGRAPH 2 is here- by amended by deleting the Ian- Legal Clerk guage,"resolution of the city coun- cil." in the 2nd sentence and replacing it with the following Ian- Subscribed and sworn to guage:"the City Manager or desig- nee." / before me this SECTION II. REPEALER. All ordi- e-C2d----A.DA•D � nances and parts of ordinances in 20 ' P conflict with the provision of this Ordinance are hereby repealed. . / /i SECTION III.SEVERABILITY.If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such Notary Public adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or u4.14 e• LINDA KROTZ part thereof not adjudged invalid or _ Commission Number 732619 unconstitutional. My Commission Expires SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective • ow' January 27,2014 upon publication. --- Passed and approved this 17th day of September,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk PG-60000267th September 26,2013 7 ic.a.gait amino. 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. 13-4554, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. Jae'K. Voparil Deputy City Clerk OFFICIAL PUBLICATION WHEREAS, aggressive solicitation ORDINANCE NO.13-4554 is disturbing and disruptive to citi- North: Curb line ORDINANCE AMENDING TITLE zens and businesses,contributes to West: Building line of the Printer's Fee$ •g 3. 8,ENTITLED"POLICE the loss of access to and enjoyment REGULATIONS,"CHAPTER 5, of public places and also enhances northeast corner of 101 ENTITLED"MISCELLANEOUS the sense of fear, intimidation and S. Dubuque Street disorder; extended north to the CERTIFICATE OF PUBLICATION OFFENSES,"TO LIMIT STORING WHEREAS,the City has an interest curb PERSONAL PROPERTY ON RIGHT OF WAY,TO PROHIBIT in protecting persons from intimida- South:City Plaza and Black Mini-Park STATE OF IOWA, SOLICITING BY PARKING tion and harassment,an interest in East Entrance METERS AND AT CITY PLAZA public safety,and an interest in the East: Cu North: line I ENTRANCES,TO PROHIBIT free flow of pedestrian traffic; North: Cuding line of the OHNSON COUNTY,SS: LYING ON ELEVATED WHEREAS, this ordinance is not southeast corner of the J PLANTERS,TO PROHIBIT LYING intended to limit any person from Iowa City Public Library ON BENCHES DURING CERTAIN exercising their constitutional right extended east to Library THE IOWA CITY PRESS-CITIZEN HOURS,AND TO RESTRICT to solicit funds, picket, protest or curb USING ELECTRICAL OUTLETS. engage in other constitutionally pro- West: City Plaza WHEREAS,the City has an interest tected activity but rather its goal is South:Building line of the in the free flow of pedestrian traffic; to protect citizens from the fear and northeast corner of the FED.ID#42-0330670 WHEREAS, public sidewalks are intimidation that accompany certain n College Street created and maintained for the pri- kinds of solicitation that are unwel- extended east to the C `4Q mary purposes of enabling pedes- come, to ensure the free flow of curb I, V` rians to safely and effectively move pedestrian traffic,and to encourage Y Y West Entrance about from place to place,facilitat- economic vitality;and East: City Plaza ing deliveries of goods and servic- WHEREAS, Resolution No. 12-02, g 9 North: Building line of south- , being duly sworn,say that I am es,and providing potential custom- the City's Strategic Plan, adopted west corner of 132 S. ers with convenient access to the following priority:It is the City's Clinton Street extended the legal clerk of the IOWA CITY goods and services; goal to promote growth of the west to the curb g WHEREAS, City Plaza is a small Downtown and Near Downtown West: Curb line PRESS-CITIZEN,a newspaper space that is used by thousands of areas in a manner that builds upon South:Building line of north- people every day for a multitude of the existing vibrancy of the region, west corner of 103 E. published in said county,and purposes in addition to a pedestrian serves persons of all ages and College Street extended walkway such as entertainment(lis- backgrounds, and complements west to the curb that a notice,a printed copy of tening to Friday Night Concert the surrounding neighborhoods and I. To solicit on the following side- Series), commercial (eating at a University community; walks with parking meters: which is hereto attached,was sidewalk cafes), recreational (play- WHEREAS,Resolution No.99-337 0-99 block of S. Linn Street- ing on the playground equipment), approved the Central Business east side published in said paper _� leisure (reading at a bench), and District Urban Revitalization Plan 0-99 block of S. Linn Street— political(gathering for a demonstra- and Ordinance No.99-3900 desig- west side between the alley Hated the Central Business District; tirne(s), on the following dates): lion); and Iowa Avenue WHEREAS,because of the limited WHEREAS, the primary objective 100 block of S. Linn Street-- space within the City Plaza,regulat- of the Central Business District east side • . . Ai . — • ��•1 ing its use based on time, place, Urban Revitalization Plan is to 100 east block of S. Linn Street— and manner is necessary in order to encourage the revitalization of corn- west side between the alley ensure continued diverse and active mercial activity and the reuse of and Washington Street use b the ublic: history and architecturally signifi- Y public: 0-99 block of S. Dubuque WHEREAS,the purpose of right of cant structures; Street—west side way is not to store private property; WHEREAS,Resolution No.99-353 100 block S. Clinton Street- WHEREAS, the storage of private approved the Near Southside east side between the north Legal Clerk property on public right of way in Commercial Urban Revitalization property line of 18 S. Clinton g the downtown impedes pedestrian, Plan, and Ordinance No. 94-3657 Street and Iowa Avenue bicycle,and wheelchair traffic; designated the Near Southside y 100 block E. Washington WHEREAS, additionally the stor- Commercial Urban Revitalization Street—north side between Subscribed and sworn t0 age of private property on public Area; the east property line of 110 before me this / c"-day of right of way in the downtown poses WHEREAS, the primary objective E. Washington and Dubuque ('`/ health and safety risks to City staff of the Near Southside Commercial Street j/,4•,, A.D. 20 /3 and the public and is not aestheti- Revitalization Plan is to encourage 206 block of E. Washington I cally pleasing; commercial use and the reuse of Street—south side WHEREAS,lying in or on the large historic and architecturally signifi- 100 block of Iowa Avenue- planters in City Plaza and on the cant structures; south side -�� — downtown sidewalks prevents oth- WHEREAS, the objectives of the Northside Market lace Streetsca 200 block of Iowa Avenue— ers from sitting on them and dam P Pe south side ages the vegetation; Master Plan include providing a Notary Public g g 2.Title 8, entitled "Police y WHEREAS, the small planters on safe and inviting experience for Regulations, Chapter 5 entitled LINDA KROTZ the downtown sidewalks are not residents and visitors and reintro- °Miscellaneous Offenses," Section I.���+� designed to be used to lie or sit on, ducing the area as an exciting and 10, entitled "Sitting and Lying on lCommIssbon Number 732619 and when people lie and sit on essential part of Iowa City;and P p Sidewalks," is amended by adding • My Commission Expires them, it impedes pedestrian traffic WHEREAS,this ordinance furthers the following new sentence to the °* January 27,2014 and damages the vegetation; the health,safety and welfare of the tlafy 9 City, it is in the best interest of end of Subsection 10A: WHEREAS,the demand for bench- Y No person shall sit or lie on or in an as decreases by 10:00 pm,in part, the City to adopt this ordinance. elevated planter or public amenity because stores are closed, the NOW, THEREFORE, BE IT located on the public right of way in Friday and Saturday Night Concerts the downtown or on a blanket, are over, and the Iowa City Public ORDAINED BY THE CITY COUNCIL chair, stool, or any other object Library is closed; OF THE CITY OF CITY,IOWA: ry WHEREAS,City staff begin clean- SECTION I.AMENDMENTS. placed on or in an elevated planter public amenity. ing City Plaza at 6:00 am; 1. Title 8, entitled "Police 9 Y 3. Title 8, entitled "Police WHEREAS, the existing electrical Regulations," Chapter 5, entitled Regulations, Chapter 5 entitled system in the downtown is inade- "Miscellaneous Offenses," Section "Miscellaneous Offenses," Section quate to meet the needs for many 2,entitled"Aggressive Solicitation," 10, entitled "Sitting and Lying on public and special event purposes; Subsection B, entitled "Illegal Sidewalks,"is amended by deleting and when individuals plug chargers Activities," is amended by adding paragraph 1e of Subsection 10A in and other electronic devices into the following new Subsections 1h its entirety and substituting in lieu the outlets, it can cause shortages and 1 is thereof the following new Paragraph that compromise public uses of the h.To solicit at the north,east and 1e and by adding the following new system and can create problems for west entrances to City Plaza as Paragraphs 1g and 1h: organizers of permitted events and defined as the areas bounded by: e,A person sitting on a bench. mobile vendors who pay a fee to North Entrance p Y East: Building line of the g. A person lying on a bench utilize the City's electrical network; g between the hours of 10:00 p.m. WHEREAS, a confined, unwilling, northwest corner of 207 and 5:00 a.m. and captive audience is susceptible E. Washington Street sitting on on s the border to undue intimidation,pressure,and extended north to the of an h.A pers rsonaed planter thr i r harassment from solicitors; curb greater than 12 inches in height. vim; 4.Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section the unlawfully stored item to 10, entitled "Sitting and Lying on another location on public B. No person shall be cited under Sidewalks," is amended by adding right of way or onto a bench this section unless the person a new sentence to the end of sub- does not toll the 2 hour limits- engages in conduct after having section A(1)(a) as follows: This exception shall not apply to the tion. been notified by a peace officer that prohibition against sitting or lying in (3)An item that is designed and the conduct violates the City ordi- an elevated planter. - being used to transport a nance. child, such as a stroller or a SECTION II. VIOLATION. Any 5. Title 8, entitled "Police bicycle trailer. violation of this ordinance shall be Regulations, Chapter 5 entitled (4)An item that is being used to • considered a simple misdemeanor "Miscellaneous Offenses," Section transport a child, such as a and punished by a fine of$65.00 or 10, entitled "Sitting and Lying on wagon. a municipal infraction. Sidewalks," is amended by adding (5)A wheelchair or similar device SECTION III.REPEALER. All ordi- the following new definition to designed for a person with nances and parts of ordinances in Subsection 10C: disabilities that is being used conflict with the provision of this Public amenity means bench, by a person who needs such Ordinance are hereby repealed. SEVERABILIT a device. SECTION I table, trash receptacle, public art, V. Y,If any bike rack,water spigot,kiosk,post- (6) A bicycle parked in a bicycle section, provision or part of the ing pillar,and pergola. rack. 1 Ordinance shall be adjudged to be 6. Title 8, entitled "Police D. Shopping Carts. Shopping invalid or unconstitutional, such Regulations, Chapter 5 entitled carts are prohibited on the right of adjudication shall not affect the "Miscellaneous Offenses," is way in the downtown unless the validity of the Ordinance as a whole amended by adding the following area of the bottom of the basket,or or any section, provision or part both baskets combined if the cart thereof not adjudged invalid or new Section 14,entitled"Storage of has two baskets, is less than 300 unconstitutional. Propertyt square inches. SECTION V. EFFECTIVE DATE. A.Definitions. E. Unattended Personal Property. This Ordinance shall be in effect (1)Downtown means the Central Business District, the Near (1) Unattended personal property after its final passage,approval and Southside Commercial Area, located on the right of way in the publication,as provided by law. and the Northside downtown, including on a bench, Passed and approved this 17th Marketplace Area as illustrat- may be seized. Personal property is day of September,2013. ed on the map in Section unattended if the property owner,or s/Matthew J.Hayek,Mayor 8-5-2 of this Code. a person whom the owner has Attest:s/Marian K.Karr,City Clerk (2)Public amenity means bench, authorized to care for the property, table,trash receptacle,public is not within 20 feet of the property. P06000026716 September 26,2013 art, bike rack, water spigot, (2)This provision shall not apply to kiosk, posting pillar, and per- the property of persons who gola. accompany children using the play- (3)Shopping cart means a bas- ground equipment located south of ket which is mounted on the public library or to a bicycle wheels, or a similar device, parked in a bicycle rack. provided by the operator of a (3) Except as provided herein, if commercial establishment for property is seized,a written notice the use of customers for the shall be left at the location of the purpose of transporting unattended property that will pro- goods of any kind. A shop- vide the owner the opportunity to ping cart sold typically by a reclaim the property. The reclaim commercial establishment to procedure shall be adopted by res- a retail customer,designed for olution of the City Council. No property shall be destroyed until the that customer's personal use, owner has been accorded notice and being used by that cus- that the property has been seized tomer to transport goods tern- and the opportunity to reclaim the porarily is not a shopping cart property pursuant to the reclaim for the purposes of this sec- procedure. tion. (4) Property,whether attended or (4)Store or stored means to unattended,may be seized without place, store, park, display, notice provided to the owner if it locate or set an item on the presents an immediate threat to right of way in the downtown. public health or safety, is evidence B. Tree Rings/Planters/Public of a crime,or is contraband. Such Amenity. No person shall store an property may be destroyed without item of personal property on a tree notice and opportunity for the ring,on or in an elevated planter,or owner to reclaim if the property on or in a public amenity in the presents an immediate threat to downtown. This provision shall not public health or safety. apply to property on a bench that is E. Verbal Notification. No person stored for less than 2 hours in any shall be cited under this section 24-hour period and that does not unless the person engages in con- have a footprint greater than 4 duct after having been notified by a square feet. Moving the unlawfully peace officer that the conduct vio- stored item to another location on lates the City ordinance. public right of way or onto another bench does not toll the 2 hour limi- 7.Title 8, entitled "Police tation. Regulations, Chapter 5 entitled C. Right of Way. No person shall "Miscellaneous Offenses," is store an item of personal property amended by adding the following on the right of way in the down- new Section 15,entitled "Electrical town. This provision shall not apply Outlets": to: A. Except by written permission, (1)A person who has a permit no person shall use an electrical issued by the City. outlet located on the right of way in (2)An item that is stored for less the downtown. Downtown means than 2 hours in any 24-hour the Central Business District, the period, that does not have a Near Southside Commercial Area, footprint greater than 4 square and the Northside Marketplace Area feet,that does not impede the as illustrated on the map in Section flow of pedestrian traffic,and 8-5-2 of this Code. that does not restrict access to a public amenity. Moving ,. ®Aram. 4nal I I intiritia 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. 13-4555, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of September, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2013. Dated at Iowa City, Iowa, this 10th day of October 2013. c ' Q��� � Voparil Deputy City Clerk . 3-cissS- k Y ? • °- ) • 8-8-1:CREATION OF PO- or otherwise unable to complete a LICE CITIZENS REVIEW complaint form,the complaint may OFFICIAL PUBLICATION BOARD: be filed by such person's 0 As permitted under Iowa's home designated representative.The city Printer's Fee ORDINANCE N0.13-4555 rule authority and as required by manager,the police chief,the city AN ORDINANCE AMENDING the city's home rule charter,the council,or the board may file a TITLE 8,POLICE REGULATIONS, city created the police citizens complaint to the board based CERTIFICATE OF PUBLICATION CHAPTER 8,POLICE CITIZENS review board which shall be upon a reasonable belief that REVIEW BOARD,BY known as the citizens police police misconduct has occurred REPEALING CHAPTER 8 IN ITS review board(hereinafter"board"), regardless of personal knowledge. STATE OF IOWA, ENTIRETY AND REPLACING IT subject to the duties and limited I.In order to assure that people WITH A NEW CHAPTER 8, powers set forth herein. feel confident in the complaint CITIZENS POLICE REVIEW 8-8-2:INTENT,GOALS AND process,nonpolice city staff shall JOHNSON COUNTY,SS: BOARD GUIDING PRINCIPLES: be available at a public location WHEREAS,the City Council A.Investigations into claims of other than the police department adopted Ordinance 97-3792 in to receive complaints,although inappropriate conduct by sworn THE IOWA CITY PRESS-CITIZEN 1997 which created the Police police officers will be conducted in complaints may also be filed at Citizens Review Board("PCRB") the police department. to assure that investigations into a manner which is fair,thorough, J.The board shall not interfere and accurate. claims of police misconduct are with or diminish the legal rights of FED.ID#42-0330670 conducted in a manner which is B.An annual reporting system regarding complaints against sworn police officers,including `� fair,thorough,and accurate;and those rights protected under the �� ! sworn police officers will be WHEREAS,the PCRB was union contract,civil service established to give the city council I, — designed to assist the Police sufficient information to assess the commission,and state and federal Chief,the City Manager and the law.Similarly,the board shall overall performance of the Iowa City Council in evaluating the respect the rights of privacy and being duly sworn,say that I am performance City police department in these overall ent as of the Police matters. freedom from defamation shared the legal clerk of the IOWA CITY Department ae a whole,by having C.Citizens may make a formal by complainants and witnesses, a review process for Police as well as those same rights g written complaint to either the Department investigations into enjoyed by police officers under PRESS-CITIZEN,a newspaper com p taints;and board or the Iowa City police the law. In accordance with rtment p . WHEREAS,the PCRB has made department. K.The city council finds that published in said county,and this chapter the board shall p , recommendations including the process only those complaints internal accountability within the renaming of the Board and various police department is a valid filed with the board but will receive that a notice,a printed copy of other recommendations to reports from the police chief briefly legislative purpose,and one improve the education and method of accomplishing such which is hereto attached,was describing the nature of the complaint processes;and internal accountability is to have WHEREAS,the Ad Hoc Diversity allegations made in formal written the police do their own published in said paper_,____ complaints filed with the police p p Committee has reviewed the investigations into claims of p department and the disposition of recommendations and made inappropriate police conduct.If a time(s),on the following date(s). the same. / additional recommendations;and complaint is asserted against the 1 �� D.The board will: WHEREAS,the City Council police chief,the city manager will 1.Oversee a monitoring system adopted Resolution 13-217 investigate the claim and report to t of formal receipt V ,�J��j approving the staff for tracking the board and the city council. - L. recommendations for complaints lodged against sworn L.Investigation of all formal police officers with either the implementation of various ' complaints to the board is a board or the Iowa City police recommendations made by Ad mandatory duty of the police chief, department. Hoc Diversity Committee. and a report of each complaint NOW,THEREFORE,BE IT 2.Provide oversight of police investigation shall be given to the ORDAINED BY THE CITY investigations through review of board.Such reports to the board Legal Clerk COUNCIL OF THE CITY OF IOWA such investigations. shall include the factual findings of 3.Provide the opportunity for a CITY,IOWA: the police chief as well as a hearing to the police officer if the SECTION I.The Code of written conclusion explaining why board's findings on the complaint Subscribed and sworn to Ordinances of the City of Iowa and the extent to which a to the board are critical of the City,Iowa is hereby amended as complaint is either"sustained"or before me this . day of police officer,as required by follows: "not sustained".However,such constitutional law,and give the A.By repealing Chapter 8, reports shall not include discipline ( ,r A A.D. 20 /� • "Police Citizens Review police officer the opportunity to or other personnel matters.If the Board,"and substituting in present testimony and evidence. police chief and the city manager 4.Issue a final public report to the lieu thereof a new Chapter find the police officer's actions city council on each complaint to 8, - " / `��� Board"attached hereto and the board which sets forth factual discipline is imposed by the police incorporated herein by this findings and a written conclusion chief or city manager,the internal reference. which explains why and the extent affairs investigation-may become a Notary Public SECTION II.REPEALER.All to which the complaint is either public record to be released by LINDA KROTZ ordinances and parts of "sustained"or"not sustained". the city attorney to the extent �ryt Aii ordinances in conflict with the E.The board shall have no provided by law. Commission Number 73261 provisions of this Ordinance are authority over police disciplinary M.In order to assure external matters because only the police Commission Expires SECTION repealed.III.SE accountability of the actions of the Jan SECTION III.SEVERABILITY.If any chief or city manager may impose 27,2014 y discipline under Iowa law. police department,the police chief section,provision or part of the F No findings in the board's report shall provide the board with a Ordinance shall be adjudged to be shall be used in any other legal report at least quarterly of all invalid or unconstitutional,such formal complaints filed directly adjudication shall not affect the proceeding. with the police department,which validity of the Ordinance as a G.The board shall only review the report shall state the date and whole or any section,provision or conduct of sworn Iowa City police location of the incident and a brief part there of not adjudged invalid officers and shall only act in a civil, description of the nature of the or unconstitutional. not criminal,capacity.The board allegation and the disposition of is not intended to be a court of SECTION IV.EFFECTIVE DATE. the complaint. process or other a tort claim law, p This Ordinance shall be in effect law N.External accountability will litigation after its final passage,approval process.No action of the further be provided by the board's and publication. board shall be deemed to diminish maintenance of a central registry or limit the right of any person to Passed and approved this 17th of all formal complaints.In file a claim or a lawsuit against the day of September,2013. city. addition to the central registry,the s/M2tthew J.Hayek,Mayor board shall provide an annual Attest:s/Marian K.Karr,City H.A complaint to the board may report to the city council,which Clerk be filed by any person with report shall be public and shall set personal knowledge of an incident. forth the general types and "Personal knowledge"means the numbers of complaints,how they complainant was directly involved were resolved,demographic in the incident or witnessed the information,and recommendations incident.If the person with as to how the police department personal knowledge is underage may improve its community relations or be more responsive to community needs. . �� , cs �",.K. ki-4ASS G'( c 3 C . , Jv> O.The board shall hold at least constitutional right against self- administrator and the city attorney f.Hire independent investigators. one community forum each year incrimination.However,the officer prior to finalizing the police chief's 2.The board shall apply a for the purpose of hearing citizens' may be required to answer report to the board,and shall then "reasonable basis"standard of views on the policies,practices questions during the investigation forward this report to the board, review when reviewing the police and procedures of the Iowa City as a condition of the officer's which shall include the following: chief's or city manager's report. police department,review police employment,but any admissions 1.Detailed written findings of fact This requires the board to give practices,procedures,and written made by the officer cannot be concerning the allegations in the deference to the police chief's or policies as those practices and used against the officer in a complaint; city manager's report because of procedures relate to the police criminal proceeding. 2.A written conclusion which the police chief's and city department's performance as a 2.RESERVED explains why and the extent to manager's respective professional whole,and report their 3.Assign the complaint to which the complaint is either expertise.The board may recommendations,if any,to the g P "sustained"or"not sustained"; recommend that the police chief city council,city manager and designated investigators within the P y y g police department for investigation and or city manager reverse or modify police chief. into the factual allegations of the 3.Recommended remedial their findings only if: 8-8-3:DEFINITION OF complaint. actions,if any,including amending a.The findings are not supported COMPLAINT;COMPLAINT 4.The complainant shall be current policies or adopting new by substantial evidence; PROCESS IN GENERAL: interviewed by the police policies. b.The findings are unreasonable, A.A"complaint to the board"is an department and shall be entitled C.The police chief's report to the arbitrary or capricious;or allegation of misconduct lodged to have a neutral city staff person board shall not include discipline c.The findings are contrary to a against a sworn police officer or some other person chosen by or personnel matters. police department policy or ("police officer"or"officer") the complainant present during D.A copy of the police chief's practice,or any federal,state,or employed by the Iowa City police the interview.The police officer is report to the board shall be given local law. department,where the complained entitled to have a union steward to the police officer,the of activity occurred while the present during any interviews. complainant,and the city If,in accordance with said officer was acting in the capacity The City Manager will participate manager. If the complaint standard,the board affirms the of a sworn police officer. in the interview process with the concerns the police chief,copies decision of the police chief or city B.Any person with personal officers involved in the complaint. of the city manager's report to the manager with respect to the knowledge of the alleged police A review of the City Manager's board shall be given to the police allegations of misconduct but misconduct may file a complaint involvement under this provision chief,the complainant,and the nonetheless has concern about with the board.In order to have will be done in two years to ensure city council. the officer's conduct or police "personal knowledge",the the practice is producing its E.The police chief's report to the practices,policies,or procedures, complainant must have been intended purpose. board shall be completed within it may so comment in its report to incident or ninety(90)calendar days after the the city council.If such comments directly involved in the Investigators will prepare and y g p r complaint is filed.The board will are critical of the officer's conduct witnessed the incident.If the forward a report of their P person with personal knowledge is investigation to the police chief, grant extensions from this the board shall provide the officer underage or otherwise unable to and shall make detailed findings of deadline for good cause shown. a name clearing hearing pursuant complete a complaint form,the fact as to the allegations in the F.All investigations shall be to subsection B4 of this section. complaint may be filed by such complaint,and shall also set forth performed in a manner designed When collecting and reviewing person's designated a written conclusion which to produce a minimum of additional evidence,the board representative.The city manager, explains why and the extent to inconvenience and embarrassment shall rely on evidence which the police chief,the city council or which the complaint is either to all parties,including the reasonably prudent persons are the board itself may file a "sustained"or"not sustained". complainant,the police officer, accustomed to rely upon in the complaint based on a reasonable C.Legal Advice:If litigation, and other witnesses. conduct of their serious affairs. belief that police misconduct has including criminal charges,relating G.If a complaint is filed 3.At the conclusion of the board's occurred regardless of personal to the matter of the complaint is concerning the police chief,the review,the board shall issue a knowledge.The person or official commenced or is being city manager's report shall include public report to the city council filing the complaint may hereafter contemplated by or against any the same findings of fact and concerning the complaint be referred to as the party to the complaint,the police conclusions as required for the investigation.Such public report "complainant". department,the police chief and/ police chief's report to the board. shall include detailed findings of C.All complaints to the board or the board shall consult with the 8-8-7:DUTIES OF BOARD; . fact concerning the complaint, shall be in writing and on forms city attorney and/or the board's COMPLAINT REVIEW AND together with a clearly articulated provided by the board.Complaint own attorney on a case by case GENERAL DUTIES: conclusion which explains why forms shall be available to the basis,to determine whether and A.Complaints:The board shall and the extent to which the public in easily accessible how the investigation of the forward copies of all complaints complaint is"sustained"or"not locations,and nonpolice staff shall complaint should proceed. received to the police chief for sustained".If the complaint is"not be available to receive the D.Complaints Against Police investigation;or where the sustained",the public report shall complaint forms.Assistance may Chief:If a board complaint is filed complaint concerns the police not include the names of the be available to complete the form concerning the police chief's chief,forward a copy of the complainant(s)or the police as designated by the board. conduct,the city manager shall complaint to the city manager for officer(s).If the complaint is D.All complaints to the board investigate or cause an investigation.A copy of all "sustained"the board may include must be filed with the city clerk investigation to be completed. complaints shall be forwarded to the names of the complainant(s) within ninety(90)days of the E.Disciplinary Action:Nothing in the Equity Director. and/or the police officer(s)if it alleged misconduct. this chapter shall prevent the B.Review Of Police Chief's Report determines that the public interest E.Only those complaints to the police chief or the city manager Or City Manager's Report: in such disclosure outweighs the board which do not involve the from taking disciplinary action 1.The board shall review all police public hams and privacy interests conduct of an Iowa City sworn prior to the board's review of the chief's reports and city manager's of the complainant(s)and/or police police officer or are not filed within complaint. reports concerning complaints. officer(s).Said determination shall ninety(90)days of the alleged 8-8-6:POLICE CHIEF'S The board shall decide,on a be made in writing and shall state, misconduct may be subject to REPORT TO BOARD;CITY simple majority vote,the level of in detail,the board's reasons for summary dismissal by the board. , review to give each police chief's such determination.The board 8-8-4:RESERVED: MANAGER'S REPORT TO or city manager's report,and the shall notify the person(s)whose BOARD: names it intends to disclose,the 8-8-5:POLICE DEPART- board may select any or all of the name(s) A.The police chief shall receive city attorney and the police chief MENT AND POLICE CHIEF following levels of review: the designated investigator's a.On the record with no additional (or city manager if the police chief INVESTIGATORY DUTIES; report within the time frame is the subject of the complaint),of CITY MANAGER INVESTIGA- indicated by the police chief.The investigation. TORY DUTIES: police chief shall conduct a review b.Interview/meet with its intent to make such disclosure complainant. by confidential written A.RESERVED of the investigators'report,and comMbnication sent by regular B.Investigation:It shall be the may do any or all of the following: c.Interview/meet with named mOd or hand delivery,at least ten mandatory duty of the police chief conduct interviews or request the officer(s)and other officers. (1 vdOttrig days pribi to such °' to do the following: police investigators to conduct investigation disclosure.In addition,the board's g: d.Request additional investi ation 1.Prior to investigation of any additional investigations;request by the police chief or city public report shall not include any additional information,or that manager,or request police discipline or personnel matters, board complaint,the police chief additional questions be asked; assistance in the board's own although the board may comment shall first give Garrity and Gardner interview or direct that other investigation. generally as to whether the board advice to all police officers persons or witnesses be e.Perform its own investigation believes discipline is appropriate implicated in the complaint,as interviewed;request that other with the authority to subpoena without commenting on the extent required by constitutional law.This documents be reviewed and/or witnesses. or form of the discipline.A copy of means the officer cannot be retrieved;and any other this public report to the city required to waive the officer's investigative matters the police council shall be given to the chief deems appropriate. complainant(s),the police B.The police chief will consult officer(s),the police chief,equity with the city personnel director,and the city manager. . 13 s--s---s- A-„,, k-)C_CZS3 cQ ., _ 4.The board shall not issue a report which is critical of the 4.The board shall adopt sworn police officer's conduct until procedural rules and bylaws after a"name clearing hearing" governing the board's activities, criminal investigation cannot later has been held,consistent with including the receipt and be used against the officer in a constitutional due process law. processing of complaints,and criminal proceeding,as provided The board shall give notice of such procedural rules and bylaws under the fifth amendment to the such hearing to the police officer shall be approved by the city U.S.constitution,unless such so that the officer may testify council. constitutional right is waived. before the board and present 8-8-8:BOARD COMPOST- 6.The board may obtain outside additional relevant evidence.The TION;LIMITED POWERS OF counsel and independent board shall be responsible for BOARD: investigators in order to carry out protection enjoyed of all state and federal A.Board Composition: the board's duties. officer enjoyed waive the night t.The 1.The board shall consist of five 7.The board may request that the heicer may waive the right to this (5)members appointed by the city city council hold general public hearing upon written waiver council,who shall be Iowa City informational hearings concerning submitted f he board's a to the eport is eligible electors and shall serve police department practices, 5.If the board's report is not procedures or written policies. board is o the e qure officer's by law to the without compensation.The city 8-8-9:POLICE OFFICER'S board is not required by law to council shall strive to appoint AND COMPLAINANT'S offer a hearing to the officer,but members who represent the the board may hold hearings as diversity of the community. RIGHTS PRESERVED: deemed appropriate by the board. Appointments to the board shall A.All rights enjoyed by sworn 6.The board's report to the city include one current or former police officers employed by the council shall be completed within "peace officer"as that term is city are preserved in this chapter, ninety(90)calendar days of defined by state law,except that a and nothing herein is intended to receipt of the chief's or city peace officer employed as such waive,diminish or interfere with manager's report.The city council by the city of Iowa City within five any such rights protected by the may grant requests for extensions (5)years of the appointment date union contract,Iowa's civil service to this deadline upon good cause shall not be appointed to the commission laws and other shown. board.The city council reserves applicable state and federal laws. 7.Nothing in this chapter shall in the right to waive the residency B.All common law rights enjoyed any way impede or interfere with requirement for good cause by complainants and police the police chief's and the city shown.The city council also officers,such as privacy and manager's lawful ability to perform reserves the right,for good cause freedom from defamation,shall be their personnel supervisory duties shown,to waive the requirement protected during the process set over sworn police officers, that the board include one current out in this chapter,and it shall be including the ability to impose or former peace officer. the board's duty to protect said discipline as deemed appropriate 2.Following final adoption and rights. by the police chief or city publication of the ordinance C.Notwithstanding the above codified herein,the city council provisions,no board member shall manager. shall appoint members to the be liable to any person for to the findings ar or prepared by the board for staggered terms.All damages or equitable relief by to the shard er prepared by the appointments shall be for a four reason of any investigation or board shall be used in any other (4)year term,except for the initial recommendation or report made Croceeeings.rd)Powers And Duties: appointments which shall be as by either a board member or by T he board shall also carry out the follows: the board itself. T a.One person appointed for a two 8-8-10:COUNCIL REVIEW: 1. duties: (2)year term. (Rep.by Ord.07-4291,10-16- wMeinco a central filed rd with the b.Two(2)persons appointed for 2007) written complaints filed with toe three(3)year terms. board or with the Iowa City police ( )y 8-8-11•TIME COMPUTA- department. c.Two(2)persons appointed for TION: 2.Collect data and do an annual four(4)year terms. In computing time under this report to the city council which 3.Training shall be available to all chapter,the first day shall be shall be public and shall set forth . board members to enable them to excluded and the last included, the general types and numbers of perform the duties imposed unless the last falls on a Sunday, complaints,disposition of the herein,including training on Iowa's in which case the time prescribed complaints,the discipline which public records and open meetings shall be extended so as to include was imposed,if any,and laws. the whole of the following Monday. demographic information.This B.Limited Powers:The board However,when the last day for the annual report shall not include the shall have the following limited filing of a complaint or the names of the complainants or powers: completion of a report falls on a officers involved in complaints 1.On its own motion,by a simple Saturday or Sunday,or a day on which were not sustained,and majority vote of all members of the which the office of the city clerk is shall otherwise be in a form which board,the board may file a closed due to a city holiday,the protects the confidentiality of the complaint. time shall be extended to include parties while providing the public 2.The board shall decide the level the next day on which the office of with information on the overall of review to give the police chief's the clerk is open to receive the performance of the police or city manager's report by a filing of a complaint or the report.) department.The board's annual simple majority vote of all report may also include members of the board. Pc-8000026781 September 26,2013 recommended changes in police 3.The board has no power to practices,policies or procedures. , review police officer personnel The annual report will also include records or disciplinary matters except to the extents such matters are made public by the city data derived from the exit survey attorney or are the subject of an tool developed for the complainant enforceable subpoena. to provide staff and the public with 4.The board has only limited civil, perceptions of the process. administrative review powers,and 3.In addition the annual report, has no power or authority over the board shall report to the city criminal matters.The board is not council,from time to time,on a court of law,and is not intended police practices,procedures and to substitute as a tort claims policies,including recommended procedure or as litigation against changes,if appropriate,and hold the city. at least one community forum 5.If criminal charges are brought each year for the purpose of or are being considered against a hearing citizens'views on the particular police officer(s),the policies,practices and procedures board's review or investigation of the Iowa City police may proceed with interviewing department. other officers or witnesses,or collecting documents,as appropriate.Any statements given by an officer who is subject to I r j .®�1421i-11111T,61 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. 13-4556, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 10, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. • Jull- K. Voparil Deputy City Clerk 1. Maximum building height: 6 stories,not to exceed 85 ft. OFFICIAL PUBLICATION 2.Maximum FAR:5 ^^ ORDINANCE NO.13-4556 3.Along any building façade Printer's Fee$ �O.33 AN ORDINANCE AMENDING that faces a primary street,as TITLE 14: ZONING TO ALLOW designated in the adopted ADDITIONAL BUILDING HEIGHT Downtown & Riverfront CERTIFICATE OF PUBLICATION AND FLOOR AREA,ALTERNATIVE Crossings Master Plan,70% GROUND FLOOR of the ground level building TRANSPARENCY AND BUILDING facade must be comprised of STATE OF IOWA, ARTICULATION STANDARDS, transparent windows and AND LOWER PARKING doors (with no more than REQUIREMENTS FOR 10%daylight reduction). JOHNSON COUNTY,SS: PROPERTIES ZONED CENTRAL 4.Along any building façade BUSINESS SUPPORT (CB-2) that faces a street that is not THAT ARE LOCATED IN THE designated a primary street in THE IOWA CITY PRESS-CITIZEN RIVERFRONT CROSSINGS the adopted Downtown & DISTRICT. Riverfront Crossings Master WHEREAS, the adopted Plan, a minimum of 40% of FED.ID#42-0330670 Downtown and Riverfront the ground level building Crossings Master Plan acknowl- facade must be comprised of edges that the South Downtown transparent windows and ���� � � Subdistrict of Riverfront Crossings doors (with no more than I, 9 will be the most urban district out- 10%daylight reduction). side of Downtown Iowa City and 5.Alternative building articu- larger scale buildings are encour- lation methods may be being duly sworn,say that I am aged and anticipated;and allowed by Design Review to WHEREAS, the Master Plan accommodate midrise and the legal clerk of the IOWA CITY states that residential and office high rise buildings that have a uses should predominate in-the more contemporary architec- PRESS-CITIZEN,a newspaper South Downtown Subdistrict, tural style, provided the which will complement and sup- building is designed in a published in said county,and port the Downtown retail core;and manner that provides a simi- WHEREAS, the current CB-2 lar or greater level of visual that a notice,a printed copy of Zone is intended for areas periph- interest or relief as would be eral to the Downtown and allows achieved under subsection which.is hereto attached,was such uses as drive-through bank- 14-2C-8O, Building ing facilities that are designed to fit Articulation. Design Review published in said paper.3____ into an urban context;and may consider elements that WHEREAS, the height and FAR provide visual interest or time(s), on the following date(s): limit, ground level fenestration relief, such as variations in standards,and building articulation building materials,glazing or ` �b t0;� the that are e based apply in window patterns; extensive UL~.Ty the CB-2 Zone are based on the building transparency that building scale anticipated in the allows for exceptional day- more historic mainstreet portions lighting of interior spaces and Downtown Iowa City ity and the views into the interior of the Northside Marketplace,but are not building; canopies or consistent with the vision for new awnings; entranceway fea- buildings in the South Downtown tures; unique signage, art- Legal Clerk Subdistrict of Riverfront Crossings; work, or other architectural and features. WHEREAS, to accommodate 6. Private, off-street parking Subscribed and sworn to larger-scale buildings of a more shall be required at the same �,/, modern design consistent with the ratios as required in the before a this /V'" day of vision in the Riverfront Crossings CB-10 Zone, as specified in Master Plan, it is in the best inter- Table 5A-1. A.D. 20/' ests of the City to allow for addi- SECTION II. REPEALER.All ordi- tional building height and floor nances and parts of ordinances in area,alternative minimum fenestra- conflict with the provisions of this r tion standards,building articulation Ordinance are hereby repealed. --.0,AI//._..... standards, and lower parking SECTION III. SEVERABILITY. If requirements for property zoned any section,provision or part of the CB-2 that is located in the Ordinance shall be adjudged to be Notary Public Riverfront Crossings District;and invalid or unconstitutional, such WHEREAS, the Planning and adjudication shall not affect the 89x.."c s' LINDANIOTZ Zoning Commission reviewed this validity of the Ordinance as a whole o Commfssial Number 73261 ordinance amendment and recom- or any section, provision or part mends approval. thereof not adjudged invalid or NOW, THEREFORE, BE IT unconstitutional. '°+' January 27 2014 I ORDAINED BY THE CITY SECTION IV. EFFECTIVE DATE. COUNCIL OF THE CITY OF IOWA This Ordinance shall be in effect CITY,IOWA: after its final passage,approval and SECTION I. The Code of publication,as provided by law. Ordinances of the City of Iowa City, Passed and approved this 1st day Iowa is hereby amended as fol- of October,2013. lows: s/Matthew J.Hayek,Mayor A. Amend Section 14-2C-8, Attest:s/Marian K.Karr,City Clerk Central Business Site Development Standards, by adding a new sub- PC.6000027277 October 10,2013 section R,as set forth below: , R.Alternative Dimensional and Site Development Standards for CB-2 Properties in the Riverfront Crossings District As envisioned in the Downtown and Riverfront Crossings Master Plan,properties zoned CB-2 (, located in, Rived K C cssings a shall bl4°.alt6wed add ' ' '-" building height and floor area, and alternative minimum fen- estration standards, building articulation standards, and lower parking requirements as set forth below. I anT.Abr. +01141,40 CPT _�. 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. 13-4557, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 10, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. • Juparil Deputy City Clerk OFFICIAL PUBLICATION FEET, ALONG THE SOUTH LINE ORDINANCE NO.13-4557 OF DEAN OAKES THIRD Printer's Fee$ LTA• ' ORDINANCE REZONING ADDITION, TO IOWA CITY, APPROXIMATELY 13.07 ACRES JOHNSON COUNTY, IOWA IN LOCATED AT 1729 NORTH ACCORDANCE WITH THE DUBUQUE ROAD FROM LOW RECORDED PLAT THEREOF AND CERTIFICATE OF PUBLICATION DENSITY SINGLE FAMILY(RS-5) THE SOUTH LINE OF SAID DEAN TO PLANNED DEVELOPMENT OAKES FIRST ADDITION,TO THE OVERLAY - LOW DENSITY POINT OF BEGINNING STATE OF IOWA, SINGLE FAMILY (OPD-5). CONTAINING 13.07 ACRES, (REZ11-00010) MORE OR LESS,AND IS SUBJECT WHEREAS, the applicant, Allen TO EASEMENTS AND JOHNSON COUNTY,SS: Homes, has requested a rezoning RESTRICTIONS OF RECORD. of property located at 1729 North SECTION II. ZONING MAR. The Dubuque Road from Low Density Building Inspector is hereby autho- THE IOWA CITY PRESS-CITIZEN Single Family (RS-5) to Planned rued and directed to change the Development Overlay - Low zoning map of the City of Iowa City, Density Single Family(OPD-5);and Iowa, to conform to this amend- ment WHEREAS,Allen Homes propos- ment upon the final passage, es to use the property to develop approval and publication of this ` The Palisades, a 32-lot residential ordinance by law. � �{ \ subdivision;and SECTION III. CERTIFICATION I, v`�` WHEREAS, the Comprehensive AND RECORDING,Upon passage Plan indicates that the area is and approval of the Ordinance,the appropriate for single-family and City Clerk is hereby authorized and being duly sworn,say that I am duplex residential uses and open directed to certify a copy of this space;and ordinance and to record the same, the legal clerk of the IOWA CITY WHEREAS,the subdivision incor- at the office of the County Recorder porates single-family residential of Johnson County, Iowa, at the PRESS-CITIZEN,a newspaper uses and open space in compli- owner's expense, all as provided ance with the Comprehensive Plan; by law. published in said county,and and SECTION IV. REPEALER, All WHEREAS, sensitive areas, ordinances and parts of ordinances that a notice,a printed copy of including critical slopes and wood- in conflict with the provisions of lands,are present on the property; this Ordinance are hereby repealed. which is hereto attached,was and, SECTION V. SEVERABILITY If WHEREAS,in order to provide for any section,provision or part of the published in said paper_,_A___ the connection of Oakes Drive and Ordinance shall be adjudged to be storm water management on this invalid or unconstitutional, such time(s), on the following date(s): property,it is necessary to remove adjudication shall not affect the more than 50 percent of the wood- validity of the Ordinance as a whole lands and grade more than 35 per- or any section, provision or part OC• � `O aiD13 cent of the critical slopes;and, thereof not adjudged invalid or WHEREAS,replacement trees will unconstitutional. be planted;and, - SECTION VI. EFFECTIVE DATE, WHEREAS, the Planning and This Ordinance shall be in effect Zoning Commission has reviewed after its final passage,approval and —_ the proposed rezoning and has publication,as provided by law. mmended oval, Passed and approved this 1st day Le al Clerk QW, Ili T .� ;,, BE ,f` of October,2013. g ORDAINED cY THE CITY s/Matthew J.Hayek,Mayor COUNCIL OF THE CITY OF IOWA Attest:s/Marian K.Karr,City Clerk CITY,IOWA: Subscribed and sworn to SECTION I APPROVAL. Property PC 6000027276 October 10,2013 before me this /U .day of described below is hereby reclassi- fied/j from its current zoning desig- � � A.D. 20 nation of RS-5 to OPD-5: LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF DEAN OAKES FIRST - ADDITION, TO IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE Notary Public RECORDED PLAT THEREOF; THENCE SOUTHWESTERLY ��uc LINDA KR072 228.20 FEET, ALONG THE Commission Number.732619 CENTERLINE OF DUBUQUE I • ROAD AND AN ARC OF A 303.70 • My Commissior�'Exp�� FOOT RADIUS CURVE,CONCAVE JanJ,204 I SOUTHEASTERLY,WHOSE 222.87 FOOT CHORD BEARS S39°27'42"W; THENCE S18°01'40"W, ALONG SAID CENTERLINE, 617.60 FEET; THENCE N87°08'44"W, ALONG THE NORTH LINE OF LOT ONE, DONAHUE SUBDIVISION, TO IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, 638.60 FEET; THENCE NO2°02'46"E, 742.00 FEET; THENCE S89°09'05"E, 944.20 • =ll 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. 13-4558, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. J . Voparil Deputy City Clerk SECTION V. REPEALER. All ordi- OFFICIAL PUBLICATION A TRACT OF LAND SHOWN ON nances and parts of ordinances in ORDINANCE NO.13-4558 AN ACQUISITION PLAT conflict with the provisions of this AN ORDINANCE CONDITIONALLY Ordinance are hereby repealed. —i REZONING APPROXIMATELY RECORDED IN BOOK 3672 AT SECTION VI. Sion or p ILITY, If Printer's Fee$ I 'l a•�5 2.19 ACRES LOCATED NORTH PAGE 954 JOHNSON THE RECORDS TF any section,provision or part of the OF DODGE STREET COURT, REC ER AND COUNTY Ordinance shall be adjudged to be EAST OF CONKLIN LANE, AND BEGORDEGA AT A POINT ON invalid or unconstitutional, such CERTIFICATE OF PUBLICATION SOUTH OF DODGE STREET THE O T A A POINT ON adjudication shall not affect the FROM COMMUNITY THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF IOWA STATE validity of the Ordinance as a whole or any section, provision or COMMERCIAL (CC-2) TO LOW Y P part STATE OF IOWA DENSITY MULTIFAMILY (RM-12). HIGHWAY NO. 1; THENCE thereof not adjudged invalid or , CONTINUING N89°56'46"E,0.86 (REZ13-00020) FEET TO A 1 INCH PIPE ON unconstitutional. WHEREAS,the owner, Southgate SAID SOUTHEASTERLY RIGHT- SECTION VII. EFFECTIVE DATE, ' JOHNSON COUNTY,SS: Development Company, Inc., has OF-WAY LINE; THENCE This Ordinance shall be in effect requested a rezoning of property after its final passage,approval and SOUTH AST ALONG SAID publication,as located north of Dodge Street P provided by law. SOUTHEASTERLY RIGHT-OF- THE IOWA CITY PRESS-CITIZEN Court, east of Conklin Lane and WAY LINE, 235.37 FEET; Passed and approved this 15th south of Dodge Street from day of October,2013. Community Commercial (CC-2) to THENCE N57°13 E, ALONG SAID SOUTHEASTERLY RIGHT- s/Matthew J.Hayek,Mayor City Karr, FED.ID#42-03.30670 Low Density Multifamily (RM-12); OF-WAY LINE, 125.69 FEET TO Attest:s/Marian K. y Clerk i and A POINT ON THE NORTHERLY WHEREAS, the Comprehensive LINE OF LOT 3 OF JACOB CONDITIONAL ZONING Plan - North District Plan indicates RICORD'S SUBDIVISION, IOWA AGREEMENT I, �� that residential uses are appropriate CITY, JOHNSON COUNTY, for the property if mixed use devel- IOWA ACCORDING TO THE THIS AGREEMENT is made opment is not possible;and, RECORDED PLAT THEREOF, between the City of Iowa City,Iowa, being duly sworn,say that I am WHEREAS,the North District Plan RECORDED IN PLAT BOOK 16 a municipal corporation(hereinafter indicates that the design of any AT PAGE 34 IN THE RECORDS "City"), Kobrin Development the legal clerk of the IOWA CITY development on this property OF THE JOHNSON COUNTY Company Inc., f/k/a as Southgate should be compatible with the adja- Development Company, Inc. (here- RECORDER; THENCE drafter"Owner"). PRESS-CITIZEN,a newspaper cent residential neighborhood;and, N88°04'36"E, ALONG SAID WHEREAS,Owner is the legal title WHEREAS, the Planning and NORTHERLY LINE, 72.19 FEET; published in said county,and Zoning Commission has reviewed THENCE S00°12'49"W, 334.12 holder of approximately 2.19 acres the proposed rezoning and deter- of property located north of Dodge FEET TO A POINT ON THE Street Court, east of Conklin Lane that a notice,a printed copy of mined that it complies with the SOUTHERLY LINE OF SAID LOT Comprehensive Plan provided that and south of Dodge Street;and which is hereto attached,was it meets conditions addressing the ALONG THENCE S89°5L LINE, WHEREAS, the Owner has ALONG SAID SOUTHERLY LINE, requested the rezoning need for neighborhood compatibili- q g of said 801°1 FEET; THENCE from Community published in said paper.. _1--_ ty and building and site design, N01°14'32"E, 10.00 FEET; property pedestrian access, stormwater THENCE S89°59'21"W, 324.64 Commercial(CC-2)to Low Density time(s), on the following date(s): drainage, and improvements to FEET TO A POINT ON THE Multifamily(RM-12);and Dodge Street Court;and WHEREAS, the Planning and ` SOUTHERLY EXTENSION OF Zonin WHEREAS, Iowa Code §414.5 Zoning Commission has deter- THE 2011)provides that the City of Iowa THE EASTERLY SHOWN N A mined that,with appropriate condi- I/ ,✓ ( TRACT OF LAND SHOWN ON tions regarding neighborhood City may impose reasonable condi- g g building co e AN ACQUISITION PLAT atibilit and buildin ��-�, tions on granting an applicant's RECORDED IN BOOK 3672 AT patibility g and site 7 �t� rezoning request, over and above PAGE 955 IN SAID RECORDER'S design, pedestrian access, storm- W��,' existing regulations,in order to sat- RECORDS; THENCE water drainage, and improvements isfy public needs caused by the SOUTH'29"E, ALONG SAID to Dodge Street Court,the request- requested change;and ed zoning is consistent with the WHEREAS, the applicant has SOUTHERLY EXTENDED LINE Comprehensive Plan;and Legal Clerk agreed that the property shall be AND ALONG SAID EASTERLY WHEREAS, Iowa Code §414.5 LINE, 106.01 FEET TO A POINT developed in accordance with the (2013)provides that the City of Iowa terms and conditions of the ON SAID SOUTHEASTERLY City may impose reasonable condi- Subscribed and sworn to Conditional Zoning Agreement RIGHT-OF-WAY LINE OF IOWA STATE HIGHWAY NO. 1; tions on granting an applicant's rezoning r before me this day of attached hereto to ensure appropri- THENCE N57°02'22"E, ALONG existing eulatio over and above /3 ate development in this area of the existing regulations,in order to sat- A.D. 20 �j city. SAID SOUTHEASTERLY RIGHT- isfy public needs caused by the NOW, THEREFORE, BE IT OF-WAY LINE, 35.72 FEET TO requested change;and THE POINT.OF BEGINNING, WHEREAS, the Owner acknowl- ORDAINED BY THE CITY COUNCIL CONTAINING 2.19 ACRES AND edges that certain conditions and OF THE CITY OF IOWA CITY,IOWA: IS SUBJECT TO EASEMENTS restrictions are reasonable to SECTION I APPROVAL.Subject to AND RESTRICTIONS OF ensure the development of the the Conditional Zoning Agreement RECORD. P attached hereto and incorporated property is consistent with the Notary Public herein,property described below is SECTION II. ZONING MAP. The Comprehensive Plan and the need building official is hereby authorized for compatibility hereby reclassified from its current p y with the zonin designation of CC-2 to and directed to change the zoning ing neighborhood;and LINDA KROTZ RM-12: g map City WHEREAS, the Owner agrees to e� ma of the Cit of Iowa City,Iowa, i Commission Number 7326191 LEGAL DESCRIPTION to conform to this amendment upon develop this property in accordance My Commission Expires A PORTION OF LOT 3, JACOB the final passage, approval and with the terms and conditions of a 'O"'a I RICORD'S SUBDIVISION,LYING publication of the ordinance as Conditional Zoning Agreement. January 27,2014 approved by law. NOW, THEREFORE, in consider- IN THE NORTHEAST ONE- SECTION III. CONDITIONAL QUARTER OF THE SOUTHWEST ZONING AGREEMENT. The ma or ation of the mutual promises con- ONE-QUARTER OF SECTION 2, is hereby authorized and directed to tained herein, the parties agree as y TOWNSHIP 79 NORTH, RANGE follows: 6 WEST OF THE 5TH P.M.,IOWA sign, and the City Clerk attest,the 1. Kobrin Development Company CITY, JOHNSON COUNTY, Conditional Zoning Agreement Inc. is the legal title holder of IOWA ACCORDING TO THE between the property owner(s)and the property legally described RECORDED PLAT THEREOF, the City, following passage and as: THE BOUNDARIES OF WHICH approval of this Ordinance. LEGAL DESCRIPTION ARE DESCRIBED AS FOLLOWS: SECTION IV.CERTIFICATION AND A PORTION OF LOT 3,JACOB AUDITOR'S PARCEL 2005024 RECORDING. Upon passage and RICORD'S SUBDIVISION, LYING I COMMENCING AT THE approval of the Ordinance,the City LYING IN THE NORTHEAST NORTHWEST CORNER OF THE Clerk is hereby authorized and ONE-QUARTER OF THE NORTHEAST ONE-QUARTER directed to certify a copy of this SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- ordinance, and record the same in OF SECTION 2,TOWNSHIP 79 QUARTER OF SECTION 2, the Office of the County Recorder, NORTH, RANGE 6 WEST OF TOWNSHIP 79 NORTH, RANGE Johnson County, Iowa, at the THE 5TH P.M. IOWA CITY, 6 WEST OF THE FIFTH Owner's expense, upon the final JOHNSON COUNTY, IOWA PRINCIPAL MERIDIAN, IOWA passage, approval and publication ACCORDING TO THE CITY, JOHNSON COUNTY, of this ordinance, as provided by RECORDED PLAT THEREOF, IOWA; THENCE S00°35'41'W, law. THE BOUNDARIES OF WHICH 526.30 FEET; THENCE ARE DESCRIBED AS N89°56'46"E, 45.47 FEET TO FOLLOWS: THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2005024 • 1 rezoning request, over and COMMENCING AT THE above the existing regulations, NORTHWEST CORNER OF in order to satisfy public needs The parties further acknowl- THE NORTHEAST ONE- caused by the requested •edge that this agreement shall QUARTER OF THE change. , inure to the benefit of and bind SOUTHWEST ONE-QUARTER 3. In consideration of the City's all successors,representatives, OF SECTION 2,TOWNSHIP 79 rezoning the subject property, and assigns of the parties. NORTH, RANGE 6 WEST OF Owner agree that development 7. The Owner acknowledge(s)that THE FIFTH PRINCIPAL of the subject property will con- nothing in this Conditional MERIDIAN, IOWA CITY, form to all other requirements Zoning Agreement shall be JOHNSON COUNTY, IOWA; of the zoning chapter,as well as construed to relieve the Owner THENCE S00°35'41"W, 526.30 the following conditions: or Applicant from complying FEET; THENCE N89°56'46"E, a. Multi-family Development, with all other applicable local, 45.47 FEET TO THE other than townhouse style, state,and federal regulations. NORTHEAST CORNER OF A shall not occur within 80 feet 8. The parties agree that this TRACT OF LAND SHOWN ON of Dodge Street Court right- Conditional Zoning Agreement AN ACQUISITION PLAT of-way; development within shall be incorporated by refer- RECORDED IN BOOK 3672 AT 80 feet of Dodge Street ence into the ordinance rezon- PAGE 954 IN THE RECORDS Court right-of-way will be ing the subject property, and OF THE JOHNSON COUNTY limited to single family, that upon adoption and publi- RECORDER AND THE POINT duplex or townhouse style cation of the ordinance, this OF BEGINNING AT A POINT dwelling units; agreement shall be recorded in ON THE SOUTHEASTERLY b.Approval of a development the Johnson County Recorder's RIGHT-OF-WAY LINE OF IOWA plan, including a landscap- Office at the Owner's expense. STATE HIGHWAY NO. 1; ing plan, building designs, Dated this 15th day of October, THENCE CONTINUING and site plan by the Design 2013. N89°56'46"E, 0.86 FEET TO A Review Committee and the 1 CITY OF IOWA CITY INCH PIPE ON SAID Planning and Zoning CITY ew J.Hayek,Mayor SOUTHEASTERLY RIGHT-OF- Commission, to ensure WAY LINE; THENCE compatibility with adjacent Attest:s/Marian K.Karr,City Clerk N57°00'09"E, ALONG SAID residential properties and SOUTHEASTERLY RIGHT-OF- appropriate development Kobrin Development Company Inc. WAY LINE, 235.37 FEET; appearance for an entrance- By: s/Joseph T. Braverman, THENCE N57°13'00"E,ALONG way to•the city, shall be President SAID SOUTHEASTERLY required prior to approval of RIGHT-OF-WAY LINE, 125.69 a building permit; PC.8000027804 October 24,2013 FEET TO A POINT ON THE c. If development on this prop- NORTHERLY LINE OF LOT 3 erty has vehicular access to OF JACOB RICORD'S Dodge Street Court, the SUBDIVISION, IOWA CITY, developer shall install JOHNSON COUNTY, IOWA improvements needed to ACCORDING TO THE bring the street up to City RECORDED PLAT THEREOF, standards to the point of RECORDED IN PLAT BOOK 16 access (driveway location) AT PAGE 34 IN THE RECORDS prior to issuance of a build- OF THE JOHNSON COUNTY ing permit;and RECORDER; THENCE d. Owner shall dedicate suffi- N88°04'36"E, ALONG SAID dent land along the entire NORTHERLY LINE,72.19 FEET; property frontage to widen THENCE S00°12'49"W, 334.12 the Dodge Street Court FEET TO A POINT ON THE right-of-way to 50 feet prior SOUTHERLY LINE OF SAID to approval of site plan or LOT 3;THENCE S89°59'21"W, building permit. ALONG SAID SOUTHERLY e. Owner shall install sidewalks LINE, 81.66 FEET; THENCE along the Conklin Lane and Dodge Street Court frontag- N01°14'32"E, 10.00 FEET es, and provide pedestrian THENCE S89°59'21"W, 324.64 connections from the devel- FEET TO A POINT ON THE opment to the sidewalk on SOUTHERLY EXTENSION OF Dodge Street prior to issu- THE EASTERLY LINE OF A ance of a certificate of occu- TRACT OF LAND SHOWN ON pancy; AN ACQUISITION PLAT f. Development on the subject RECORDED IN BOOK 3672 AT properties shall be designed PAGE 955 IN SAID to drain on-site storm water RECORDER'S RECORDS; away from Dodge Street THENCE N00°42'29"E,ALONG Court. The City Engineer SAID SOUTHERLY EXTENDED shall review and approve the LINE AND ALONG SAID drainage plan prior to EASTERLY LINE,.106.01 FEET approval of a site plan or TO A POINT ON SAID building permit. SOUTHEASTERLY RIGHT-OF- 4. The Owner and City acknowl- WAY LINE OF IOWA STATE edge that the conditions con- HIGHWAY NO. 1; THENCE tained herein are reasonable N57°02'22"E, ALONG SAID conditions to impose on the SOUTHEASTERLY RIGHT-OF- land under Iowa Code §414.5 WAY LINE,35.72 FEET TO THE (2013),and that said conditions POINT OF BEGINNING, satisfy public needs that are CONTAINING 2.19 ACRES caused by the requested zon- AND IS SUBJECT TO ing change. EASEMENTS AND 5. The Owner and City acknowl- RESTRICTIONS OF RECORD. edge that in the event the sub- 2. The Owner acknowledges that ject property is transferred, the City wishes to ensure con- sold,redeveloped,or subdivid- formance to the principles of ed,all redevelopment will con- the Comprehensive Plan and form with the terms of this the North district plan. Further, Conditional Zoning Agreement. the parties acknowledge that 6. The parties acknowledge that Iowa Code §414.5 (2013) pro- this Conditional Zoning vides that the City of Iowa City Agreement shall be deemed to may impose reasonable condi- be a covenant running with the tions on granting an applicant's 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. • ' r j ft-1147W MI Oicial:11r 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. 13-4559, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. Julie K. Voparil Deputy City Clerk • i OFFICIAL PUBLICATION tial zone between two intersections. ORDINANCE NO.13-4559 or between an intersection and the _ ORDINANCE AMENDING TITLE stub/termination of a street or 500 -- 10 OF THE CITY CODE, feet in a nonresidential zone. The Printer's Fee$ y a qo speech content of the parade or ENTITLED ," CHAPTER WAYS AND public assembly shall not be a fac- ENTITLED CHAPTER D 1, tor in determining the amount of ENTITLED "PARADES AND CERTIFICATE OF PUBLICATION PUBLIC ASSEMBLIES," TO insurance. The insurance require- LESSEN THE INSURANCE AND ment may be waived if applicant INDEMNIFICATION PROVISIONS demonstrates inability to obtain STATE OF IOWA, AND MAKE THEM CONSISTENT insurance or to pay the cost of WITH THE PERMIT FEE insurance. REQUIREMENTS. SECTION II. REPEALER.All ordi- JOHNSON COUNTY,SS: WHEREAS, Section 10-8-1 nances and parts of ordinances in requires that applicants for parade/ conflict with the provision of this public assembly permits provide Ordinance are hereby repealed. THE IOWA CITY PRESS-CITIZEN insurance if the event is in the SECTION III. SEVERABILITY. If street or if equipment and other any section,provision or part of the items are placed on the sidewalk, Ordinance shall be adjudged to be city plaza,or in a park; invalid or unconstitutional, such FED.ID#42-0330670 WHEREAS, events in which less adjudication shall not affect the than one block is closed, even if validity of the Ordinance as a whole +CQ� laed o equipment or other items are or any section, provision or part I T���_ placed on the street,and which last thereof not adjudged invalid or unconstitutional. under six hours, pose less risk to SECTION IV. EFFECTIVE DATE. the City than events that take place being duly sworn,say that I am over multiple blocks and that last This Ordinance shall be in effect g } more than six hours; after its final passage,approval and the legal clerk of the IOWA CITY WHEREAS,applicants required to publication,as provided by law. pay a permit fee should also be Passed and approved this 15th PRESS-CITIZEN,a newspaper required to have insurance and day of October,2013. indemnify the City;and s/Matthew J.Hayek,Mayor published in said county,and WHEREAS,it is in the City's inter- Attest:s/Marian K.Karr,City Clerk est to adopt this ordinance. that a notice,a printed copy of NOW, THEREFORE, BE IT PC-6000027805 October 24,2013 ORDAINED BY THE CITY which is hereto attached,was COUNCIL OF THE CITY OF CITY, IOWA: published in said paper 1 SECTION I. AMENDMENTS.Title 10, entitled "Public Ways and time(s), on the following date(s): Property," Chapter 1, entitled "Parades and Public Assemblies," i any (3 Section rm t, 3, hereby"Application for Permit," is hereby amended by 1 deleting Subsection B13 and B14 and hereof: Bng the the parade r lieu thereof: B13. If the parade or public assembly requires equip- ment, cables, objects, structures, or similar items to be placed on city Legal Clerk plaza,on a sidewalk,or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block,the Subscribed and sworn to applicant shall agree to pay on before me this o► '4-day of behalf of the city all sums which the city shall be obligated to pay by A.D.20....L3...._. reason of any liability imposed upon the city for damages of any kind resulting from use of public C -1(‘' 2<---- property and the public right of way,whether sustained by any per- son or persons, caused by acci- dent or otherwise and shall defend Notary Public at its own expense and on behalf of the city any claim against the city 'gut a LINDA KROTZ arising out of the use of public Commission Number 732619' property and the public right of o way. Block means the area on the : My Commission Expires street in a residential zone between 1 ow January 27.20. 14___ two intersections or between an intersection and the stub/termina- tion of a street or 500 feet in a nonresidential zone.The indemnifi- cation requirement may be waived if applicant demonstrates inability to indemnify. B14. If the parade or public assembly requires equip- ment, cables, objects, structures, or similar items to be placed on city plaza,on a sidewalk,or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more than one block, insurance is required in the reason- able amount necessary to minimize risk of harm to persons and prop- erty based on the nature and size of the event,as determined by the city's risk manager. Block means the area on the street in a residen- 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. 13-4560, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. Julie K. Voparil Deputy City Clerk OFFICIAL PUBLICATION SECTION II REPEALS&All ordi- ORDINANCE NO.13-4560 nances and parts of ordinances in conflict with the provision of this ORDINANCE AMENDING TITLE 2 hereby repealed. led. Ordinance Printer's Fee $ Sip• OF THE CITY CODE, ENTITLED ce are ecvFRAe led. If "HUMAN RIGHTS,"CHAPTER 3, any section,provision or part of the ENTITLED "DISCRIMINATORY Ordinance shall be adjudged to be C CERTIFICATE OF PUBLICATION PRACTICES," TO EXEMPT invalid or unconstitutional, such CERTAIN PUBLIC adjudication shall not affect the ACCOMMODATIONS FROM AGE validity of the Ordinance as a whole STATE OF IOWA, DISCRIMINATION CLAIMS. or any section, provision or part WHEREAS, the City Code pres- thereof not adjudged invalid or ently protects individuals of any unconstitutional. JOHNSON COUNTY,SS: age in places of public accommo- SE. LQ_N iv FFFC T F IVE DATE. dation; This Ordinance shall be in effect WHEREAS, such protection cur- after its final passage,approval and rently does not account for devel- publication,as provided by law. THE IOWA CITY PRESS-CITIZEN opmental differences of persons Passed and approved this 15th based on age, such as a public O of o day October,2013. accommodation that requires all s of ctw J.Hayek,Mayor FED.ID#42-0330670 individuals less than 8 years of age Attest:s/Marian K.Karr,City Clerk who use the pool to be accompa- I, .k. C � k k C \ �� Hied by an individual 18.years of PC-6000027806 October 24,2013 `/�l„\''`J� age or older due to safety con cerns: WHEREAS, such protection cur- being does not allow for alcohol being duly sworn,say that I am establishments to place restrictions the legal clerk of the IOWA CITY on entry based on age,and WHEREAS,it is in the best inter- PRESS-CITIZEN,a newspaper est of the City to adopt these amendments. published in said county,and NOW, THEREFORE, BE IT ORDAINED BY THE CITY that a notice,a printed copy of COUNCIL OF THE CITY OF IOWA CITY,IOWA: which is hereto attached,was SECTION I.AMENDMENTS. 1. Title 2, entitled "Human published in said paper, 1 Rights," Chapter 3, entitled "Discriminatory Practices,"Section time(s), the following date(s): 2,entitled"Public Accommodation; ( �, on Exceptions,"is hereby amended by deleting the last sentence in sub- c' ` _ \_ _ i �� \w3 section A. `x�Q�YJI( ✓ 2. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices,"Section 2,entitled"Public Accommodation; Exceptions,"is hereby amended by adding the following new Subsections: Legal Clerk E.It shall not be unlawful for a public accommodation to take any action otherwise prohibited Subscribed and sworn to by this Section where age is a bona fide factor or qualification before me this , ay of based on health, safety or © �._-,/ A.D. 20 developmental differences liC+ t 1—�` between age groups.In order to establish that the exception applies, a place of public —_� ` _ accommodation must show the restriction or policy is necessary to protect the health, safety, or Notary Public developmental differences of persons based on age alone. LINDA KROTZ Developmental differences of A.,'r�� persons based on age means �r Commission Number 732619 the social, emotional, physical • • My Commission Expires and intellectual development of • a person based on the chrono- January 27 2014 logical age of a person. F Nothing in this section shall prohibit restrictions regarding the consumption of alcoholic beverages by those under the legal drinking age or the pres- ence of persons under the legal drinking age in places of public accommodation where alcoholic beverages are served. G.This section shall not apply to discounts for services or accommodations based upon age. • I r i resi 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. 13-4561, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of October, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2013. Dated at Iowa City, Iowa, this 14th day of November 2013. • • \S s�w Julie K. Voparil Deputy City Clerk Printer's Fee$_ L OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO.13-4561 CONSIDER AN ORDINANCE E AMENDING TITLE 9, STATE OF IOWA, TRAFFIC," VE IC," CHAPTER AND ENTITLED "RULES OF THE JOHNSON COUNTY,SS: "SPEED SECTION 6,RESTRICTIONS", " "SPEED ENTITLED THE IOWA CITY PRESS-CITIZEN SUBSECTION C,CREATE`A20EMPHO SCHOOL SPEED ZONE FOR MANN ELEMENTARY School FED.ID#42-0330670 WHEREAS,it is in the best inter- - • est of the City to define maximum �`_-.' , • allowable speeds for vehicles on I _ public streets and highways; WHEREAS,it is in the best in er ` est of the City to limit vehicle speeds near schools to 20 MPH to being duly sworn,say that I am create a safer environment for the le al clerk of the IOWA CITY school children; WHEREAS, City Code Section g WHE MPH 20 M newspaper g-3-6(C)currently defines s PRESS-CITIZEN,a school speed zones for street published in said county,al]d near elemTHEREFOREs;and IT that a notice,1Ce,a printed copy of O NOW,RDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA which.is hereto attached,was CITY,IOWA: E TI• I.A NAM NT published in said paper_A___ and Traffic," Chapter 3, entitled "Rules Title 9,entitled"Motor Vehicles on the following date(s): a titled"Speed Rest ictions,"Sub- Section C,entitled"School Speed f,- A� Zones"is hereby amended by add- k yc�,hs�.a.� ing the following language: e% Name of Street Church Street Where he Limit Applies Legal Clerk W W From N.Van Buren Street to N. Dodge Street SE T'^ni n aFPEALER. All ordi- before and sworn to nances and parts of ordinances I l or i- �,/G',_ a of conflict and the provision oi n of this before me this!E .D. y Ordinance are hereby repealed. �.n n� A.D. 20 i1 — - or ITY e If �— -=_-- provision or part of the any section,p 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 Notary Public thereof not adjudged invalid or _ unconstitutional. LINDA KROTZ 1^^i �y EFFECTIVE DATE. �«�e 732619 This Ordinance shall be effective "7"'� Commission Number Expires upon publication. • My Commission Expires passed and approved this 15th • oM Janua 27,2014 day of October,2013. ry s/Matthew J.Hayek,Mayor Attest s/Marian K.Karr,City Clerk PC-6000027607 October 24,2013 ® I III 40,74 lata-M we go 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. 13-4562, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 12, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. ' . Voparil Deputy City Clerk �., . l3 L m—( �, 3 A Qsc . - (0/.. . Printer's Fee$ ILK) e, OFFICIAL PUBLICATION Also including: ORDINANCE NO.13-4562 Commencing at the Southeast AN ORDINANCE corner of the Southwest Quarter of CERTIFICATE OF PUBLICATION CONDIITI 1 ONALLY LY REZONING the Northwest Quarter of Section LOCATED AT THE SOUTHWEST W17,est Township 5th P.M.;Range 6 STATE OF IOWA, CORNER OF THE West of the 87h 0fe thence the INTERSECTION OF MELROSE Cent13in1"W 1875.00 feet on the AVENUE AND WESTWINDS Centerline of Mormon Trek Boulevard; thence,West 524.10 DRIVE FROM LOW DENSITY JOHNSON COUNTY,SS: MULTI-FAMILY(RM-12)TO feet to the Southeast corner of the PLANNED DEVELOPMENT Westwinds;thence thence 3"W 796.65 OVERLAY/LOW DENSITY MULTI- feet; thence Nutherl right-of-way of-way THE IOWA CITY PRESS-CITIZEN FAMILY(OPD-RM12).(REZ13- feet to the southerly right-of-way line of Melrose Avenue; thence 00019) N89°09'16"E, 139.00 feet to the FED.ID#42-0330670 WHEREAS,the owner,Willowwind Point of Beginning; thence Properties, LLC, has requested a N89°09'16"E, 134.79 feet; thence rezoning of property located at Southeasterly 31.58 feet along a Willow Wind Place and Westwinds 20.00 foot radius curve, concave S I, Drive from Low Density Multi- Southwesterly, whose 28.40 foot Family (RM-12) to Planned chord bears S45°36'49"E; thence Development Overlay/Low Density S00°22'55"E, 57.45 feet along the being duly sworn,say that I am Multi-Family(OPD-RM12);and Westerly right-of-way line of WHEREAS, the owner proposes Westwinds Drive; thence the legal clerk of the IOWA CITY to develop Westwinds Second Southeasterly 51.17 feet along a Addition,a 2-lot residential subdivi- 775.00 foot radius curve concave PRESS-CITIZEN,a newspaper sion including an existing duplex Northeasterly whose 51.16 foot and a seven unit multi-family build- chord bears S02°16'24"E; thence published in said county,and ing;and, SO4°09'53"E, 70.86 feet; thence WHEREAS,the Southwest District S89°09'16"W, 140.70 feet; thence that a notice,a printed copy of Plan indicates that low-density N00°50'44"W, 60.00 feet; thence multi-family residential uses are S89"09'16"W, 19.00 feet; thence which is hereto attached,was appropriate for the property;and N00°50'44"W, 139.50 feet to the WHEREAS, the Planning and Point of Beginning. published in said paper..1_,_ Zoning Commission has the SECTION II. ZONING MAP. The reviewed the proposed rezoning building official is hereby autho- tirne(s), on the following date(s): and determined that it complies rized and directed to change the with the Comprehensive Plan pro zoning map of the City of Iowa City, �Pf lyK�heg O(3 vided that it meets conditions Iowa, to addressing to thispamengd- addressing the need for restoration ment u p on the final assa e, ��'�+6► I —r of the stormwater detention facility, driveway and parking.easements, approval and publication of the _ - ordinance as approved by law. * \ pedestrian access, and design SECTION III. CONDITIONAL _ review of the building;and ZONING AGREEMENT.The mayor WHEREAS, Iowa Code §414.5 is hereby authorized and directed (2011) provides that the City of to sign, and the City Clerk attest, Legal Clerk Iowa City may impose reasonable the Conditional Zoning Agreement conditions on granting an appli- cant's rezoning request, over and between the property owner(s)and above existing regulations,in order the City, following passage and Subscribed and sworn to to satisfy public needs caused by approval of this Ordinance. befive me thJ+t�i�s,,'.,_ _day of the requested change;and SECTION IV. CERTIFICATION t Y1JC A.D. 2Q t{J WHEREAS,the owner agrees that AND RECORDING. Upon passage v the property shall be developed in and approval of the Ordinance,the accordance with the terms and City Clerk is hereby authorized and ) c, conditions of the Conditional directed to certify a copy of this Jr ,��AZ4 � (a „ Zoning Agreement attached hereto ordinance,and record the same in 1 to ensure appropriate development the Office of the County Recorder, in this area of the city. Johnson County, Iowa, at the N ntar,P»hlir NOW, THEREFORE, BE IT ORDAINED BY THE CITY Owner's expense, upon the final 4 SUZANNE E'SHEBEK COUNCIL OF THE CITY OF IOWA passage,approval and publication this ordinance, as provided by`t. Commission Number 67 CITY,IOWA: law. • SECTION I APPROVAL.Subject to SECTION V. REPEALER.All ordi-• kV Commission Expires October 26,2016 the Conditional Zoning Agreement nances and parts of ordinances in attached hereto and incorporated conflict with the provisions of this herein,property described below is Ordinance are hereby repealed. hereby reclassified from its current SECTION VI. SEVERABILITY. If zoning designation of RM-12 to any section,provision or part of the OPD/RM12: Ordinance shall be adjudged to be A portion of Lot 3, Westwinds invalid or unconstitutional, such Subdivision, Iowa City, Iowa, adjudication shall not affect the according to the recorded plat validity of the Ordinance as a whole thereof,more particularly described or any section, provision or part as follows: thereof not adjudged invalid or Commencing at the Southeast unconstitutional. Corner of the Southwest Quarter of SECTION VII. EFFECTIVE DATE. the Northwest Quarter of Section This Ordinance shall be in effect 17, Township 79 North, Range 6 after its final passage,approval and West of the 5th P.M.; thence publication,as provided by law. NO0°13'31"W, 1875.00 feet on the Passed and approved this 3rd day centerline of Mormon Trek of December,2013. Boulevard; thence West 524.10 s/Matthew J.Hayek,Mayor feet to the Southeast Corner of the Attest:s/Marian K.Karr.City Clerk Westwinds; thence West 796.65 feet; thence N00°16'31"W, 529.34 feet to the Point of beginning; thence N00°16'31"W, 186.02 feet; thence N89°10'16"E, 139.00 feet; thence S00°50'44"E, 139.50 feet; thence N89°09'16"E, 19.00 feet; thence S00°50'44"E, 48.87 feet; thence West 159.87 feet to the Point of Beginning. 1 e c9�.�. . k 3-`tsb , .. -1 � CONDITIONAL ZONING AGREEMENT Westwinds; thence west 796.65 THIS AGREEMENT is made feet;thence N00°16'13"W,715.36 g. Provision of an accessible between the City of Iowa City, feet to the southerly right-of-way pedestrian route from the any Iowa, a municipal corporation line of Melrose Avenue; thence building to Melrose Avenue to (hereinafter "City"), Willowwind N89°09'16"E, 139.00 feet to the be shown on the site plan and Properties, LLC (hereinafter Point of Beginning; thence installed prior to the issuance "Owner"). N89°09'16"E, 134.79 feet;thence of a certificate of occupancy WHEREAS,Owner is the legal title Southeasterly 31.58 feet along a for any dwelling unit on the holder of approximately 1.31 acres 20.00 foot radius curve,concave subject property. of property located at Willow Wind Southwesterly, whose 28.40 foot 4.The Owner and City acknowl- Place and Westwinds Drive;and chord bears S45°36'49"E;thence edge that the conditions con- WHEREAS, the Owner has tained herein are reasonable con- requested the rezoning of said S00°22'55"E,57.45 feet along the ditions to impose on the land property from Low Density Multi- Westerly right-of-way line of under Iowa Code §414.5 (2011), family (RM-12) to Planned Westwinds Drive; thence and that said conditions satisfy Development Overlay/Low Density Southeasterly 51.17 feet along a public needs that are caused by Multi-family(OPD-RM12);and 775.00 foot radius curve concave the requested zoning change. Northeasterly whose 51.16 foot 5.The Owner and City acknowl- WHEREAS, the Planning and chord bears S02°16'24"E;thence edge that in the event the subject Zoning Commission has deter- SO4°09'53"E, 70.86 feet; thence property is transferred,sold,rede- S89°09'16"W,140.70 feet;thence veloped,or subdivided,all devel- tions that,with appropriate condi- P tions regarding restoration and N00°50'44"W, 60.00 feet; thence opment will conform with the maintenance of the existing storm S89"09'16"W, 19.00 feet; thence terms of this Conditional Zoning water detention facility and vehicu- N00°50'44"W, 139.50 feet to the Agreement. lar and pedestrian access to the Point of Beginning. 6.The parties acknowledge that property, the requested zoning is 2.The Owner acknowledges that this Conditional Zoning consistent with the Comprehensive the City wishes to ensure confor- Agreement shall be deemed to be Plan;and mance to the principles of the a covenant running with the land WHEREAS, Iowa Code§414.5 Comprehensive Plan. Further,the and with title to the land,and shall (2011) provides that the City of parties acknowledge that Iowa remain in full force and effect as a Iowa City may impose reasonable Code§414.5(2011)provides that covenant with title to the land, conditions on granting an appli- the City of Iowa City may impose unless or until released of record cant's rezoning request, over and reasonable conditions on granting by the City of Iowa City. above existing regulations,in order an applicant's rezoning request, The parties further acknowledge to satisfy public needs caused by over and above the existing regu- that this agreement shall inure to the requested change;and lations, in order to satisfy public the benefit of and bind all succes- WHEREAS, the Owner acknowl- needs caused by the requested sors,representatives,and assigns edges that certain conditions and change. of the parties. restrictions are reasonable to 3. In consideration of the City's 7.The Owner acknowledges that ensure the development of the rezoning the subject property, nothing in this Conditional Zoning property is consistent with the Owner agrees that development Agreement shall be construed to Comprehensive Plan and the need of the subject property will con- relieve the Owner or Applicant for access to the property and form to all other requirements of from complying with all other storm water maintenance;and the zoning chapter,as well as the applicable local,state,and federal WHEREAS, the Owner agrees to following conditions: regulations. develop this property in accor- a. A plan for maintenance of 8. The parties agree that this dance with the terms and condi- the stormwater detention facil- Conditional Zoning Agreement tions of a Conditional Zoning ity to be submitted and shall be incorporated by reference Agreement. approved by the City Engineer into the ordinance rezoning the NOW, THEREFORE, in consider- with the final plat. subject property, and that upon ation of the mutual promises con- b. Restoration of the existing adoption and publication of the tained herein,the parties agree as stormwater detention facility, ordinance, this agreement shall follows: including removal of brush,silt be recorded in the Johnson 1.Willowwind Properties,LLC is and debris as required by and County Recorder's Office at the the legal title holder of the prop- to the satisfaction of the City Applicant's expense. erty legally described as: Engineer prior to the issuance Dated this 11th day of October, A portion of Lot 3, Westwinds of any building permit for any 2013. Subdivision, Iowa City, Iowa, work on the subject land. CITY OF IOWA CITY according to the recorded plat c.An easement agreement for s/Matthew Hayek,Mayor thereof, more particularly the shared use of the private Attest:s/Marian K.Karr,City Clerk described as follows: driveway that provides vehicu- Commencing at the Southeast lar access to the subject prop- OWNER Corner of the Southwest Quarter erties from Westwinds Drive By:s/Paul S.Olin of the Northwest Quarter of shall be entered into prior to or Willowwind Properties LLC Section 17, Township 79 North, concurrent with the final plat- Range 6 West of the 5th P.M.; ting of any portion of the sub- PC6000029606 December 12,2013 thence N00°13'31"W, 1875.00 ject land. feet on the centerline of Mormon d.An easement agreement to Trek Boulevard; thence West allow Lot 3 of Westwinds to 524.10 feet to the Southeast use the existing parking spac- Corner of the Westwinds;thence es on the proposed Lot 1 and 2 West 796.65 feet; thence of the Westwinds Second shall N00°16'31"W, 529.34 feet to the be entered into prior to or con- Point of beginning; thence current with the final platting of N00°16'31"W,186.02 feet;thence any portion of the subject land. N89°10'16"E, 139.00 feet;thence e.Review and approval of the S00°50'44"E, 139.50 feet;thence building design by the Design N89°09'16"E, 19.00 feet; thence Review Committee at the time S00°50'44"E, 48.87 feet; thence of site plan review. West 159.87 feet to the Point of f. Provision of a pedestrian Beginning. access along Willowwind Place Also including: to Westwinds Drive at time of Commencing at the Southeast site plan review and installed corner of the Southwest Quarter prior to the issuance of a cer- of the Northwest Quarter of tificate of occupancy for any Section 17, Township 79 North, dwelling unit on the subject Range 6 West of the 5th P.M.; property. thence N00°13'31"W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of the 1 r i I VIII ;/Kt et AM Sig 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. 13-4563, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 12, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. . Voparil Deputy City Clerk - ., ! ' For purposes of this Section,"right PriPrinter's Fee$ - - -- ■ OFFICIAL PUBLICATION of way in the downtown" includes ORDINANCE NO.13-4563 Black Hawk Mini Park. ORDINANCE AMENDING TITLE 6. Title 8, entitled "Police CERTIFICATE OF PUBLICATION 6,ENTITLED"PUBLIC HEALTH Regulations, Chapter 5 entitled AND SAFETY,"CHAPTER 10, "Miscellaneous Offenses,"Section ENTITLED"SMOKE FREE 15, entitled "Electrical Outlets," is STATE OF IOWA, PLACES,"TITLE 8,'ENTITLED amended by adding the following "POLICE REGULATIONS," sentence at the end of Subsection CHAPTER 5,ENTITLED A: For purposes of this Section,"right JOHNSON COUNTY,SS: "MISCELLANEOUS ND TLE10,ENTITLED OFFENSES," of way in the downtown" includes "PUBLIC WAYS AND Black Hawk Mini Park. THE IOWA CITY PRESS-CITIZEN PROPERTY,"CHAPTER 5, 7. Title 10, entitled "Public Ways ENTITLED"CITY PLAZA,"AND and Property,".Chapter 5, entitled CHAPTER 9,ENTITLED"PARKS "City Plaza," Section 2, entitled FED.ID#42-0330670 AND RECREATION "Definitions," is hereby amended REGULATIONS,"TO MAKE by adding the following sentence CURRENT REGULATIONS ON at the end of the definition of"City t�� s CITY PLAZA APPLY TO BLACK Plaza": I+ ' HAWK MINI PARK. For purposes of Title 10,City Plaza WHEREAS, in the City Code, the Includes Black Hawk Mini Park. definition of City Plaza,aka the ped 8. Title 10, entitled "Public Ways being duly sworn,say that I am mall, does not explicitly include and Property," Chapter 9, entitled g y Black Hawk Mini Park; "Parks and Recreation the legal clerk of the IOWA CITY WHEREAS, City Council has Regulations," Section 2, entitled adopted various Code provisions "Prohibited Acts in Parks,"is here- PRF,SS-CITIZEN,a newspaper over the past several years that do by amended by deleting not apply to both City Plaza and Subsection J1 in its entirety and published in said county,and Black Hawk Mini Park; substituting in lieu thereof the fol- lowing new Subsection J1: WHEREAS,this ordinance will pro- that a notice,a printed copy of vide the intended uniformity of No person shall travel upon or regulations in these locations; operate a bicycle or nonmotorized which is hereto attached,was WHEREAS, Ordinance No. vehicle within Chauncey Swan 13-4554 incorrectly states a Park or Black Hawk Mini Park. published in said paper_�___ restriction applicable to the "100" SECTION II. REPEALER. All ordi- block of S.Clinton Street,whereas nances and parts of ordinances in time(s), on the following date(s): it should state the"0-99"block; conflict with the provision of this WHEREAS,this ordinance furthers Ordinance are hereby repealed. pipthe health, safety and welfare of SECTION III.SEVERABILITY.If any ceio\ W - � the City,and it safety the best inter- section, provision or part of the r a-01 eat of the City to adopt this ordi- Ordinance shall be adjudged to be nvalid or unconstitutional, such p �� Hance. adjudication shall not affect the ` NOW, THEREFORE, BE IT ,; validity of the Ordinance as a 7��-- ORDAINED BY THE CITY whole or any section, provision or COUNCIL OF THE CITY OF CITY, IOWA:SECTION part thereof not adjudged invalid or unconstitutional. Legal Clerk SECTION I.AMENDMENTS. SECTION IV. EFFECTIVE DATE. 1. Title 6, entitled "Public Health This Ordinance shall be in effect and Safety," Chapter 10, entitled Subscribed and sworn to "Smoke Free Places," Section 1, after its final passage, approval �j entitled "Smoke Free Places and publication, as provided by before me this ZO day of Itemized," is amended by adding law. y Passed and approved this 3rd day y�e A.D. 20 13 the following new Subsection R: of December,2013. Black Hawk Mini Park s/Matthew J. Hayek, Mayor 2. Title 8, entitled "Police Attest:s/Marian K.Karr,City Clerk r Regulations," Chapter 5, entitled C `� y� 17iti . , i r, "Miscellaneous Offenses," Section 2,entitled"Aggressive Solicitation," PC6000029607 December 12,2013 Subsection B, is amended by deleting "100" immediately pre- ceding"block S.Clinton Street"in SUZANNE E. Paragraph 1i and substituting in lieu thereof"0-99." Co EXP 713257 S 3. Title 8, entitled "Police .�,y Regulations," Chapter 5, entitled OCtober 26,2016 "Miscellaneous Offenses," Section OW 2,entitled"Aggressive Solicitation," Subsection B,is amended by add- ing the following new Subsection 1j: To solicit in Black Hawk Mini Park 4. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses,"Section 10, entitled "Sitting and Lying on Sidewalks,"is amended by adding the following sentence after the word "amenity" at the end of Subsection A: For purposes of this Section,"right of way in the downtown" includes Black Hawk Mini Park. 5. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses,"Section 14, entitled "Storage of Property," is amended by adding the follow- ing sentence at the end of the defi- nition in of "downtown" in Subsection A: 1 :rlll � re®ria 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. 13-4564, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 12, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. Ju K. Voparil Deputy City Clerk Printer's Fee $ p OFFICIAL PUBLICATION ORDINANCE NO.13-4564 SECTION III. SEVERABILITY. If ORDINANCE AMENDING TITLE any sec provision or part of the CERTIFICATE OF PUBLICATION 4, ALCOHOLIC BEVERAGES, y CHAPTER 2,LIQUOR LICENSES Ordinance shall be adjudged to be AND BEER PERMITS, SECTION invalid or unconstitutional, such STATE OF IOWA, 2, PREMISES REQUIREMENTS, adjudication shall not affect the SUBSECTION B, TO MODIFY validity of the Ordinance as a whole AND CLARIFY THE GROUND or any section, provision or part JOHNSON COUNTY,55' FLOOR REQUIREMENT. thereof not adjudged invalid or WHEREAS, the City has long unconstitutional. prohibited new liquor license space SECTION IV. EFFECTIVE DATE. THE IOWA CITY PRESS-CITIZEN outside the ground floor so as to This Ordinance shall be effective maximize safety, in that the ability upon publication. Passed and of the police department and fire approved this 3rd day of December,2013. FED.ID#42-03.30670 r department pond o to ergen access and s/Matthew J.Hayek,Mayor respond ground emergencies outside and Attest:s/Marian K.Karr,City Clerk the ground floor is diminished,and• 1\ , -' their services are needed more fre- quently aas0000zssoe December 12,2013 1, �C .... in drinking establishments; and being duly sworn,say that I am WHEREAS, Ordinance No.97.3790 contained a whereas clause stating that,"liquor and beer the legal clerk of the IOWA CITY may only be served, consumed, and stored on the ground.floor of PRESS-CITIZEN,a newspaper an establishment", outside of sev- eral delineated exceptions,making published in said county,and clear Council intent, despite that intent being less clear in the actual that a notice,a printed copy of language of the ordinance;and 1� WHEREAS,Council wishes to rein- which is hereto attached,was force,through Code language,their published in said paper i_______ intent, as well as excluding from the Code's application low-occu- pancy outdoor rooftop patio use time(s),on the following date(s): associated with indoor commercial ni recreational use, such as that of Fas the ne as the risks associated with that com- mercial recreational uses is lower -- _ f than with eating or drinking a, ` establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA Legal Clerk CITY,IOWA: SECTION I.AMENDMENTS. TITLE 4, ALCOHOLIC Subscribed and sworn to BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER before me this ` ..._.day of PERMITS,SECTION 2,PREMISES T„' - _I_ - A.D. 20 1:..) • REQUIREMENTS, SUBSECTION /y,�(; 4NLCJ F B, is hereby amended by deleting the subsection and substituting the (o' j r,/i' following language: y f r (� "l,y am-- B.No liquor control license nor OA beer permit for serving and consuming on premises shall Notary Public be approved for an establish- ment which is not located entirely on the ground floor of lit SUZANNE E.SHEBEK a building and which does not CotlltniSSior►Nr inbEr pi es contain windows which permit MYOcto October 2016 es visibility of its interior from the OCtObEf Z6,2016 public way, except for hotels, motels, restaurants, private clubs, theaters that have live performances as their principal function, and outdoor rooftop patios(with an occupant load under 50) associated with an indoor commercial recreational use. An establishment will be considered to be on the ground floor if it is located on a mall level.This provision shall not be applicable to premises licensed prior to July 1,1997. SECTION II.REPEALER.All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. I r i .1=11121/7111 ENG Alt III ' .14 IMO P CITY OF IOWA CITY 410 East Washington Strcet Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 13-4565, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 26, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. Julie . Voparil Deputy City Clerk Print; Fee�D �.[��-� OFFICIAL PUBLICATION SOUTHEASTERLY 31.36 FEET ORDINANCE NO.13-4565 ALONG SAID SOUTHERLY RIGHT OF WAY AND THE WEST DINANCE CERTIFICATE OF PUBLICATION APPROX MA ELY 377ZACRES RIGHT OF WAY OF CAMP FROM INTERIM DEVELOPMENT CARDINAL ROAD AND THE US SINGLE FAMILY (ID-RS) ZONE OF A 20.00 FOOOT T RADIUS STATE OF IOWA, TO PLANNED DEVELOPMENT SOUTHWESTERLY CO(CHORD OVERLAY - LOW DENSITY SINGLE FAMILY (OPD-5) ZONE BEARS S44°51'28"E, 28.24 JOHNSON COUNTY,SS: FOR CARDINAL RIDGE PART 4, SO°19'07"W ALONG SAID WESTERLY RIGHT LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY OF WAY, 108.03 FEET; THENCE THE IOWA CITY PRESS-CITIZEN PARKWAY. (REZ-00024/SUB13- S89°41'07"E ALONG THE 00018) SOUTH RIGHT OF WAY OF WHEREAS, the applicant, The CAMP CARDINAL ROAD, 50.00 FED.ID#42-0330670 Crossings Development LC, has FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE requested a rezoning of property NORTHEAST QUARTER OF SAID located at Camp Cardinal Road SECTION 12 AND THE WEST 4:z.-/t Z from Interim Development Single LINE OF SAID OUTLOT "E"; I, Family (ID-RS) zone to Planned THENCE S0°19'07"W ALONG Development Overlay - Low Density Single Family(OPD-5);and SAID EAST LINE AND SAID being duly sworn,say that I am WHEREAS, the Comprehensive WEST LINE,293.80 FEET TO THE POINT OF BEGINNING. Plan the legal clerk of the IOWA CITY approp indicates tfor thngle single-family esis SAID PARCEL CONTAINS 164,159 SQ.FT., 3.77 ACRES PRESS-CITIZEN,a newspaper dental development;and SUBJECT TO EASEMENTS AND -WHEREAS, the Planning and RESTRICTIONS OF RECORD. published in said county,and Zoning Commission has reviewed SECTION II. ZONING MAP. The the proposed rezoning and has Building Inspector is hereby autho- recommended approval. rized and directed to change the that a notice,a printed copy of NOW, THEREFORE, BE IT zoning map of the City of Iowa City, which is hereto attached,was ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA Iowa, to conform to this amend- published in said paper CITY,IOWA: meet upon the final passage, SECTION I APPROVAL. Property approval and publication of this t'.. (s),on the following date(s): described below is hereby reclassi- ordinance by law. SECTION III. CERTIFICATION fled from its current zoning desig- AND RECORDING. Upon passage ;` nation of ID-RS to OPD-5: and approval of the Ordinance,the -- LEGAL DESCRIPTION: City Clerk is hereby authorized and ___ �• A PART OF OUTLOT "C", directed to certify a copy of this , CARDINAL POINTE SOUTH ordinance and to record the same, - ��: PART ONE AS RECORDED IN at the office of the County Recorder BOOK 53, PAGE 153 IN THE of Johnson County, Iowa, at the OFFICE OF THE JOHNSON owner's expense, all as provided COUNTY, IOWA RECORDER AND A PART OF OUTLOT "D", by law. Legal Clerk CARDINAL POINTE SOUTH SECTION IV.REPEALER.All ordi- nances and parts of ordinances in BOOK 52, PAGE 279 IN THE conflict with the provisions of this Subscribed and sworn to OFFICE OF THE JOHNSON Ordinance are hereby repealed. �� COUNTY, IOWA RECORDER SECTION V SEon or p rt of If fore me this day Of any section,provision or part of the DESCRIBED AS FOLLOWS: Ordinance shall be adjudged to be �, �� D. 2O BEGINNING AT THE NORTHEAST invalid or unconstitutional, such �+— CORNER OF THE SOUTHEAST adjudication shall not affect the /' QUARTER OF THE NORTHEAST validity of the Ordinance as a whole QUARTER OF SECTION 12, ,K0 or an section, rovision or art �`.�-�� TOWNSHIP 79 NORTH,RANGE 7 thereof not adjudged invalid or WEST OF THE 5TH PRINCIPAL unconstitutional. MERIDIAN;THENCE S0°18'40"W Notary Public ALONG THE EAST LINE OF THE This C Ordinance shall be in effect SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND after its final passage,approval and RACHEL WALLA publication,as provided by law. THE WEST LINE OF OUTLOT"E approved this 17th C ftt 9*ton plumber 761716 CARDINAL RIDGE PART TWO AS Passed and a f JY day of December,2013. • `�� �i 55 RECORDED IN THE 1 0800E OF PAGE THE s/Matthew J.Hayek,Mayor *ow JOHNSON COUNTY, IOWA Attest:s/Marian K.Karr,City Clerk RECORDER, 674.54 FEET TO Pc-6000029946 December 26,2013 THE SOUTHEAST CORNER THEREOF; THENCE N20°52'10"W, 299.58 FEET; THENCE N23°39'53"W, 98.09 FEET; THENCE N12°11'00"W, 180.00 FEET; THENCE N9°47'39"W, 101.86 FEET; THENCE N1°52'18"W, 106.42 FEET; THENCE No°02'58"E, 56.96 FEET TO THE SOUTHERLY RIGHT OF WAY OF KENNEDY PARKWAY; THENCE EASTERLY 141.30 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE ARC OF A 826.43 FOOT RADIUS CURVE, CONCAVE NORTHERLY(CHORD BEARS S84°48'52"E, 141.13 FEFT)• THENCE I - 1 EEG I Mk AS 513 I 1W 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. 13-4566, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 26, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. Ju . Voparil Deputy City Clerk T Printer's Fee$_ OFFICIAL PUBLICATION CERTIFICATE OF PU$LICATION ORDINANCE NO.134566 AN ORDINANCE AMENDING STATE OF IOWA, TITLE 3,ENTITLED"FINANCES, TAXATION&FEES,"CHAPTER TES4, "SCHEDULE OF FEES, CHARGES,BONDS,FINES,AND JOHNSON COUNTY,SS: PENALTIES,"SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 THE IOWA CITY PRESS-CITIZEN ENTITLED"PUBLIC WORKS," CHAPTER 3,"CITY UTILITIES," ARTICLE G,"STORM WATER FED.ID#42-0330670 RUNOFF,SECTION DISCHARGE 0(F)(3)TO CHANGE THE RATE OF THE � • �� STORMWATER UTILITY FEE. I, WHEREAS,pursuant to Chapters 384 and 388,Code of Iowa(2013) the City of Iowa City is authorized being duly sworn,say that I am to establish a stormwater utility and provide for the collection of rates the legal clerk of the IOWA CITY and charges to pay for said utility; and PRESS-CITIZEN,a newspaper WHEREAS, stormwater utility rates fund the stormwater utility published in said county,and system over time;and WHEREAS, the flat rate for an that a notice,a printed copy of Equivalent Residential Unit (ERU) will increase from $3.00 to $3.50, which.is hereto attached,was and the multiplying rate for non- residential properties will increase time(s), on the following date(s): published in said paper_l____ from$1.25 to$1.50. BE IT NOW, THEREFORE, ORDAINED BY THE COUNCIL OF . A Ob. 111111111 AL THE CITY OF IOWA CITY,IOWA: SECTION I.AMENDMENT.Tie3, 4, Section 6, entitled Chapter Fee" is hereby " tormwater Utility /NCO l (3 S the fee to T-1 amended by increasing $3.50. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled Legal Clerk "Determination of Storm Water Utility Charge", Paragraph 3, is Subscribed hereby amended by substituting and sworn to one dollar twenty five cents 1$1.25) with one dollar fifty cents tebre me this -7 day of SECTION III. REPEALER. All rn ces and parts of ordinances Corn ,. 20_13_, SECTION provisions of this tXJ'1 11 %� in conflict with the p Ordinance are hereby repealed. SECTION TION IV. SEVERABIUTY• If I � part of the an section,provision or p to be '` `� Ordinance shall be adjudged Notary Public invalid or unconstitutional, such adjudication shall not affect the RACHEL Stu validity of the Ordinance as a whole or any section, provision or part 1716 thereof not adjudged invalid or • 78 'p� �' � unconstitutional.Wins i"..=; I 1 war comiqr CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 13-4567, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of December, 2013, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 26, 2013. Dated at Iowa City, Iowa, this 14th day of January 2014. J C. Voparil Deputy City Clerk T OFFICIAL PUBLICATION Printer's Fee$ 1.—v- ORDINANCE NO.13-4567 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND CERTIFICATE OF PUBLICATION CHAPTER REGULATIONS," ENTITLED "TAXICABS,"TO CHANGE STATE OF IOWA, THE DEFINITION OF PEDICAB. WHEREAS,the City Code defines a pedicab as a vehicle propelled JOHNSON COUNTY,SS: only by human power; WHEREAS, Velotaxis are 3-wheeled tricycles used in U.S. THE IOWA CITY PRESS-CITIZEN and international cities to transport passengers for hire that utilize a small motor to provide additional FED.ID#42-0330670 power for large hills; WHEREAS,the definition of pedi- cab should amended in order to treat Velotaxis, or similar vehicles, I, eV— ti as pedicabs for purposes of taxi- cab business licensing;and WHEREAS, it is in the public being duly sworn,say that I am inNOW,to adopt this amendment.. the legal clerk of the IOWA CITY CCOUNCIL OFT E CITY OF CITY, PRESS-CITIZEN,a newspaper IOWA:ATION I.AMENDMENTS. published in said county,and L. Title 5,entiitledn"Business siness and d 2, that a notice,a printed copy of entitle "Taxicabs," d a ticab° is amended 1,enti- tled which is hereto attached,was and subehe definition fitho following new published in said paper_,__I__.__ defini veh of propelled primarily by ti s), on the following date(s): or gears, having two (2) or more wheels,furnished with a driver and carrying passengers for hire. A e � � motor may assist or supplement �vca Ai, • . . • iia the human power,but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, Legal Clerk right and left rearview mirrors and right and left turn signals, and operates without a taximeter. SECTION II.REPEALER. All ordi- Subscrib d and sworn to nances and parts of ordinances in day conflict with the provision of this before me this ay of Ordinance are hereby repealed. De e l .gf A 2013_,_.�i , SECTION III. SEVERABILITY. If �t C �i! I A. --�y� any section,provision or part of the 1 / Ordinance shall be adjudged to be ` invalid or unconstitutional, such Dm s A_AA i/g.* A.. adjudication shall not affect the validity of the Ordinance as a whole or any section, p rovision or Notary Public part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. RACHEL SHALu This Ordinance shall be in effect I Commission Number MIMI after its final passage, approval 1=WtL and publication, as provided by • *Commission Expires law. 12/06/20111 Passed and approved this 17th day of December,2013. s/Matthew J.Hayek,Mayor Attest:s/Marian K.Karr,City Clerk PC-6000029968 December 26,2013 it