Loading...
HomeMy WebLinkAboutOrdinances%71 rp CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4605, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of January, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 15, 2015. Dated at Iowa City, Iowa, this 10th day of February 2015. Q Juli . Voparil Deputy City Clerk Printer's Fee $ ?�� q _9g® CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say thalt I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_I time(s), on the following date(s): to ✓14 Legal Clerk Subscribed and sworn to before me th's (day of 974 1 A.D. 20 3 Nott Public OFFICIAL PUBLICATION ORDINANCE NO. 15_4805 AN ORDINANCE REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY - HIGHWAY COMMERCIAL (OPD-CHi) TO INTERIM DEVELOPMENT -RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY - HIGHWAY COMMERCIAL (OPD-CH1) LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 (REZ14-OD020) WHEREAS, the applicant, Steve Moss, filed with the City Clerk of Iowa City, Iowa, a rezoning applica- tion to adjust zoning boundaries within the proposed Moss Ridge Campus office research park to coincide with changes to the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision; and WHEREAS, the area is currently zoned for office research park uses (RDP) and commercial services (OPD-CHi) to support the office park, with future phases of the office park zoned Interim Development- Research Park (ID - RP), pursuant to a 2012 rezoning that included a conditional zoning agreement requiring, among other things, the development of a mas- ter plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A office park, and review of all site plans by the Planning and Zoning Commission; WHEREAS, this requested rezoning maintains the same zon- ing districts, but merely shifts the boundaries to coincide with shifts in proposed lot lines shown on an amended preliminary plat, which was amended to reflect a refined stormwater management plan and change road patterns to better pre- serve sensitive environmental fea- tures in future phases of the devel- opment; and WHEREAS, the Department of Neighborhood Development Services and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and recom- mend approval of this rezoning subject to the same conditions stated in the 2012 conditional rezoning agreement, except that the applicant has filed a master plan for the shared amenities, land- scaping, stormwater facilities, and signage for the Class A office park, so Staff no longer recommends review and approval of each site plan by the Planning and Zoning Commission; and WHEREAS, these conditions ensure that the office park is devel- oped in a cohesive and attractive manner typical of a high-quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the existing concept plan submitted for the OPD CH -1' zoned properties remains unchanged, and will be recorded with this conditional zoning agree- ment as part of the planned devel- opment plan; and Q,) k et t� WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan, and after due deliberation and consideration of the application materials and the staff recommendations, has rec- ommended approval subject to certain conditions stated in the . conditional zoning agreement; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, Owner has agreed that the property shall be devel- oped in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: 7 1. The approximately 35.23 acres of property legally described below, is hereby reclassified from Interim Development- Research Park (ID - RP) and Research Development Park (RDP) to Research Development Park (RDP): Legal Description: Part of the East half of the Southeast Quarter of Section 35, Township 80 North, Range 5 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: -Beginning at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence.S 02°06'54" E along the East line of the Southeast Quarter of said Section 35 a distance of 1242.63 feet; Thence S 90°00'00" W a distance of 499.45 feet; Thence S 00°00'00" E a distance of 356.75 feet; Thence N 90°00'00" W a distance of 603.58 feet; Thence N 00°00'00" E a dis- tance of 33.00 feet; Thence N 90°00'00" E a distance of 94.30 feet; Thence N 00°00'00" E a dis- tance of 395.48 feet; Thence N 53°29'13" W a distance of 169.20 feet; Thence N 29°33'23" W a dis- tance of 303.41 feet; Thence N 13°32'26 E a distance of 357.33 feet; Thence N 38"34'37" E a dis- tance of 328.22 feet; Thence S 85°35'58" E a distance of 181.16 feet; Thence Northeasterly a dis- tance of 44.63 feet along the arc of a 383.00 foot radius curve con- caved Easterly (chord bears N 07°57'23" E a distance of 44.61 feet); Thence N 11°17'41" E to the North line of said Southeast Quarter a distance of 161.18 feet; Thence N 88°59'11" E along said North line to the Point of Beginning a distance of 741.94 feet. Said parcel contains 35.23 acres, sub- ject to easements and restrictions, of record. 2. The approximately 15.80 acres of property legally described below is hereby reclassified from Overlay Planned Development- Highway Commercial (OPD -CH -1) and Research Development Park (RDP) to Overlay Planned Development - Highway Commercial (OPD -CH- 1) with the certain additional land uses allowedaccording to the a conditional zoning agreement approved herein. Legal Description: Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02°06'54" E along the East line of the Southeast Quarter of said Section 35 to the Point of Beginning a distance of 1242.63 feet; Thence continuing along said East Line S 02°06'54" E to the Northerly Right - of -Way of Interstate Highway 80 a distance of 737.90 feet; Thence S 81°04'07" W along said Northerly Right -of Way a distance of 646.23 feet; Thence N 89°31'13" W along said Northerly Right -of -Way a dis- tance of 491.88 feet; Thence N 00°00'00" E a distance of 476.86 feet; Thence N 90°00'00" E a dis- tance of 603.58 feet; Thence N 00"00'00" E a distance of 356.75 feet; Thence N 90°00'00" E to said East Line and Point of Beginning a distance of 499.45 feet. Said parcel contains. 15.80 acres, subject to easement and restriction of record. 3. The approximately 10.98 acres of property legally described below is hereby reclassified from Interim Development- Research Park (ID - RP) and Research Development Park (RDP) to Interim Development - Research Park (ID -RP). Legal Description: Part of the East half of the Southeast Quarter. of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly. Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 88°59'11" W along the North line of the Southeast Quarter of said Section 35 to the Point of begin- ning a distance of 741.94; Thence S 11'1 T41 " W a distance of 161.18 feet; Thence Southwesterly a dis- tance of 44.63 feet along the arc of a 383.00 foot radius curve con- caved Easterly (chord bears S 07°57'23" W a distance of 44.61 feet); Thence N 85°35'58" W a dis- tance of : 181.16 feet; Thence S 38°34'37" W a distance of 328.22 feet; Thence S 13°32'26" W a dis- tance of 357.33 feet; Thence s 29°33'23" E a distance of 303.41 feet; Thence S 53129'13" E a dis- tance of 169.20 feet; Thence S 00°00'00" E a distance of 395.48 feet; Thence S 90°00'00" W a dis- tance of 94.30; Thence S 00°00'00" E to the Northerly Right -of -Way of Interstate Highway 80 a distance of 509.86 feet; Thence N 89°31'13" w along said Northerly Right -of -Way to the West line of the East half of said Southeast Quarter a distance of 188.54 feet; Thence N.02°08'49" W along said West line of the East half to said North line of the Southeast Quarter a distance of 2051.86 feet; Thence N 88°59'11" E along said North line of the Southeast Quarter to the Point of Beginning a distance of 580.83 feet. Said parcel contains 10.98 acres, subject to easements and restrictions of record. SECTION II CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION III ZONING MAP The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of .this ordinance by law. SECTION IV CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, the associated condi- tional zoning agreement, planned development plan, sensitive areas development plan, and concept Plan for Moss Office Park and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REP REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEV RABI iTY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII EFFECTIVE DAT This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of January, 2015. 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 Moss . Farms, Inc., Stephen A. Moss and David G. Moss (hereinafter collec- tively referred to as "Owner"). WHEREAS, Owner is the legal title holder of approximately 172 acres Of property located north- west of the interchange of State Highway 1 with Interstate 80; and WHEREAS, Owner has request- ed to adjust the zoning boundary lines for approximately 15.8 acres to Planned Development - Highway Commercial (OPD -CH -1), 35.23 acres of Research Development Park (RDP), and 120.85 acres of Interim Development- Research Park (ID -RP); and WHEREAS, a planned develop- ment overlay zone allows flexibility in the design, placement and clus- tering of buildings, mixture of uses and related site and design consid- erations; and WHEREAS, the OPD CH -1 rezoning is appropriate to allow for certain retail services to support office park uses not otherwise allowed within the CH -1, particu- larly given the proximity to the 1-80 and Highway 1 interchange; and WHEREAS, it is in the interests of the City and the developer that the commercial component of this development be integrated with the other uses allowed in the office park, Owner has agreed to certain conditions to ensure that the office park and the support commercial is developed in a cohesive and attractive manner typical of a high- quality office park and said condi- tions shall be recorded as a condi- tional zoning agreement; and WHEREAS,. the Planning and Zoning Commission has deter- mined that with appropriate condk tions regarding landscaping, sig- nage, building location, design and materials that ensure that the office park and the support retail area are. developed to the quality expected for a Class A Office Park, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of envi- ronmental stewardship and expan- sion of quality job opportunities within the community;,and WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all individual site plans for all lots within the office park comply with said concept plan and the condi- tions contained in this conditional zoning agreement in order to ensure that the office park and associated support retail area is developed in a cohesive and quali- ty manner over time; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cants rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner acknowledg- es that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, Owner agrees to develop this property in accor- dance with the terms and condi- tions of this Conditional Zoning Agreement. NOW, THEREFORE,. in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON COUNTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 2°07' -EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF-WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81°04' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTH 89°31' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 2°15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 8; THENCE SOUTH 88°58' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 2°08' WEST 1056.0 FEET TO A POINT, OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88°58' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1°57' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS. 2. The Owner acknowledges that the City wishes to ensure confor- mance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner shall comply with the zoning ordinance, as well as the following conditions: 1) A comprehensive landscape plan for the above-described property shall be submitted and be approved by the Director of Neighborhood Development Services or designee prior to approval of the final plat for the first phase of development of the above-described property. This plan shall address location of and the general concept for stormwater facilities and illustrate the shared c!.. k s - (4 (o S_ I�C,� Q3 3 ot Lt amenities or features of the park, including any trail system, entranceway signage or similar fea- tures. The plan shall be detailed for the area designated as phase one of the development. The landscap- ing plan for any outlot may be conceptual in nature, but should take into account and be comple- mentary to the sensitive environ- mental features of the site, includ- ing the stream corridors, wood- lands, slopes, wetlands, and similar topographic and geographic fea- tures. This plan does not need to include landscaping details for indi- vidual lots, but rather it should convey the overall character of the shared open space and amenities proposed for the office park and support retail area. 2) Prior to final plat of any develop- ment phase, a master sign plan shall be submitted to and approved by the Director of Neighborhood Development Services or desig- nee, indicating potential locations and design concept for common signage for the office park, which may include on -premise and off - premise signage for the office park, such as entranceway . signage, directional signage, development signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the development should have a consistent theme and be con- structed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the following additional allowanc- es, standards and restrictions apply: a. No more than two drive-through facilities shall be allowed by spe- cial exception. Drive-throughs shall comply with the special exception approval criteria applicable in the CC -2 Zone, as set forth in the Iowa City Code, of Ordinances. Accessory outdoor display and storage is allowed only in accor- dance with the commercial site development standards that apply in the CC -2 Zone. b. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal commercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely to the side or rear of buildings, however a maximum of one double -sided parking aisle may be located between the building and the street, except for lots with multiple frontages, for which only one front- age needs to meet this standard. c. Parking areas must be setback at least 50 feet from the Interstate 80 right -of way and this setback area must be landscaped with trees, shrubs and ground cover consistent with the comprehensive landscaping plan for the office park. d. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: I. Sales -oriented and Personal Service -Oriented Retail Uses up to a maximum of 50,000 square feet per lot; ii. General Animal -Related Commercial Uses; and iii. Specialized Educational Facilities, all as defined in the Iowa City Code of Ordinances. 4) Site plans for development of every lot shall be reviewed and approved by the City according to the following standards prior to issuance of a building permit for the subject lot: a. Landscaping Standards i. On lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be note less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, parking areas, structures, buildings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features con- sidered to be necessary but essen- tial to the central landscape theme. ii. Stormwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking area place- ment and provision of open space shall take into account and respond sensitively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehicular use areas shall be effectively screened from public view. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year-round effectiveness; topogra- phy Such as the natural or man- made grade differences; structural additions such as permanent walls; or other equally permanent and effective screening innova- tions. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the cen- tral landscape theme as well as effectively accomplish the con- cealment of the area in question. v. Parking shall be set back a mini- mum of 20 feet from City street rights of -way, 50 feet from the Interstate 80 right-of-way, and 10 feet from all other property lines and from common drives external to a parking area, except in the case of abutting parking lots for which cross access has been established over the parking areas, which may be constructed as seamless paving across the prop- erty line. b. Building Material Standards i. Building facades shall be pre- dominantly constructed of high quality exterior building materials, including window systems, brick, masonry, stone, stucco, colored and burnished concrete masonry units, architectural pre -cast pan- els, and architectural metal pan- els. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. ii. Other lower quality or less dura- ble exterior building Materials, such as smooth -faced concrete block, unadorned tilt -up concrete panels, and EIFS do not qualify as quality building materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artificiality of the material are not allowed. c. Building Articulation and Fenestration Standards L Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and pro- vide a cohesive appearance to the building. Building facades shall be articulated by using color, window arrangement, change in materials, and change in plane to vary the height, depth, or direction of exte- rior walls. Stretches of blank wall with no windows or other architec- tural features are discouraged, particularly along building walls that are. within public view, as defined by the Iowa City Code of Ordinances. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type of materi- als and detailing found on the prin- cipal facades of the building. iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementa- ry to those of neighboring build- ings. Design linkages are required through the placement of window lines, belt courses, and other hori- zontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal facade to provide horizontal lines and vertical rhythm to the building. Building design should be com- patible and harmonious with neigh- boring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally consistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entrance- ways on retail buildings. Arcades may also be used to provide weather protection for pedestrians. v. Transparent entries and large ground -level storefront windows are required along street -facing facades of all retail buildings (not including banks or hotels/motels). To meet this standard a minimum of 50% of the street -facing building facade between 2 and 10 feet in height from the adjacent exterigr grade must be comprised of trans- parent (no more than 10% daylight reduction) windows and doors. Such windows and doors must be vertically-oriented in a standard, mainstreet storefront configuration that allow views into the interior space or be designed as storefront display windows that are set into the wall. Display cases attached to the outside building wall do not quality. While banks, hotels and motels are not required to meet this standard, transparent entries, and generous fenestration along street - facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage construct- ed as wall signs on building fascia within the development shall incor- porate aesthetic features compati- ble with the overall character of the development. All wall signs will be composed of solid individual letters attached to the building fascia, or individual letters of anodized alumi- num, galvanized metal,, or illumi- nated, self-contained translucent plastic faces set in anodized alumi- num returns and trim. Logos shall generally be constructed in the same manner as„ individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be con- toured, a panel sign may be allowed if the panel is sized and constructed in a manner that mini- mizes the overall sign size and limits the portion illuminated to just the logo. ii. Freestanding pole signs, includ- ing tall interstate pole signs, are not allowed. However, one common wide -based freestanding sign is allowed along the interstate front- age to serve lots 4, 5, 6, and 7. Up to one additional common, wide - based freestanding sign is allowed along the interstate frontage to provide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be set- back a minimum of 20 feet from the interstate right-of-way but shall be located within the first 100 feet of lot depth as'measured from the interstate right-of-way. The maxi- mum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double-faced for a total of 400 square feet. The name of the development shall be indicated within the top one-fourth of the sign copy area. The maximum letter height for tenant identifica- tion copy on the sign shall be eighteen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maximum height specified in the Iowa City Zoning Code, but in no case shall a monu- ment sign exceed 8 feet in height. iv. One of the following sign types, as defined in the Iowa City Code of Ordinances, is allowed at the entrance to the office park near the intersection of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road and the east property line of the property legally described above: Development Sign; Entranceway Sign; or Masonry Wall Sign(s). The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of any part of the above described property. The signs shall be identification signs for the entire office park and shall not provide identification for indi- vidual tenants or businesses within the office park. The sign shall be in conformance with the specifica- tions set forth in Table 58-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is located. Additional locations for similar entranceway signage may be allowed near the intersections with Oakdale Boulevard and/or in locations where other public streets enter the office park development from an abutting property that is not within the development. Specific entranceway sign loca- tions for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On or off -premise directional signage may be allowed according to the master sign plan. 4. The Owner and City acknowl- edge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy -public needs that are caused by the requested zon- ing change. 5. The Owner and City acknowl- edge that in the event the subject property is transferred, sold, rede- veloped, or subdivided, all redevel- opment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this ¢th day of January, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk OWNER By: i Stephen A. Moss, individually and as President of Moss Farms, Inc. David G. Moss Sonya S. Moss, Spouse of Stephen A Moss Janet A Moss, Spouse of David G. Mo89W42W January 15, 2015 r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 . (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4606, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of January, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 29, 2015. Dated at Iowa City, Iowa, this 10th day of February 2015. Ju Ie K. Voparil Deputy City Clerk Printer's Fee $,3'� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): I- C) —c Legal Clerk Subscribed and sworn to before me` t�his� 30 day of Notary ADAM JAMES KAHLER Commission Number 785381 My CommisslonExpires 0"W iy OFFICIAL PUBLICATION ORDINANCE NO. 15-4606 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED °HUMAN RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," SECTION 2,. ENTITLED "INVESTIGATION OF C O M P L A I N T S; PREDETERMINATION SETTLEMENT," TO AMEND TIME PERIODS CONCERNING HOUSING COMPLAINTS. WHEREAS, the City Code pres- ently requires complaints of dis- crimination in housing to be resolved within 100 days of filing; and WHEREAS, time periods for ser- vice of complaints and provision of answers to mandatory question- naires/document requests are incompatible with the 100 -day deadline and should be shortened; and WHEREAS, it is in the best inter- est of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: , TI 1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints;' Predetermination Settlement," Subsection A is hereby repealed and replaced with the following: A. After the filing of a verified complaint, a true copy shall be served by certified mail upon the person against whom the com- plaint is filed. Service shall be effected within 20 days of filing for complaints in the areas of employment, public accommoda- tion, credit or education, and within 7 days of filing for com- plaints alleging discrimination in the area of housing. Service is effective upon mailing. 2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints; Predetermination Settlement," Subsection C. is hereby repealed and replaced with the following: C. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and docu- ments are to be received by the Human Rights Coordinator's office within thirty (30) days of receipt of the questionnaire/docu- ment request for complaints in the areas of employment, public accommodation, credit and edu- cation, and within fifteen (15) days of receipt of the questionnaire/ document request for complaints in the area of housing. The Human Rights Coordinator may grant extensions of time to respond. SFc'TION II REPEALER All Ordinances and parts of Ordinances in conflict with the pro- vision 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. corTION IV EFFErTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of January, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -6000043158 January 29, 2015 _.I l 1 ziz_. 6MI CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4607, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of February, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 19, 2015. Dated at Iowa City, Iowa, this 12th day of March 2015. J Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID442-0330670 I, SC,. CrOSI 14 being duly sworn, say that I a the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): till PU ----- Legal Clerk Subscribed and sworn to before ee t Is -0 day of Not' blic ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4607 ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 965 SLOTHOWER ROAD FROM COUNTY AGRICULTURAL (A) TO RURAL RESIDENTIAL (RR -1). (REZ14- 00022) WHEREAS, the applicant, Slothower Farms LLC, has requested a rezoning of property located at 965 Slothower Road from County Agricultural (A) to Rural Residential (RR -1 ); and WHEREAS, the Comprehensive Plan Future Land Use map shows the subject property as incorpo- rated into Iowa City; and WHEREAS, the Comprehensive Plan -Southwest District Plan indi- cates that the area is appropriate for future urban development; and WHEREAS, the Comprehensive Plan -Southwest District Plan indi- cates that some residential uses may develop along Slothower Road prior to significant urban development; and WHEREAS, the subject property will not lead to immediate urban development; and WHEREAS, Rural Residential zon- ing is appropriate for areas in the city that are not projected to have the utilities necessary for urban development in the foreseeable future; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and, has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL, Property described below is hereby reclassi- fied from its current zoning desig- nation of County Agricultural (A) to Rural Residential (RR -1): L A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N00'00'52"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 370.00 FEET; THENCE S89'16'13"W 300.02 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S89'16'31"W, 1.62.23 FEET; THENCE N01'27'17"W, 290.00 FEET; THENCE N89'16'31 "E, 169.67 FEET; THENCE S00'00'53"W, 290.00 FEET, TO THE POINT OF BEGINNING. SAID ANNEXATION PARCEL CONTAINS 1.1 ACRES (48,121 SQUARE FEET, AND IS SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and 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, ER All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 9th day of February, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC60003593 February 19, 2015 I r j � 0= -4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4608, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of February, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 19, 2015. Dated at Iowa City, Iowa, this 12th day of March 2015. \\\\ Sulkrk. Voparil Deputy City Clerk Printer's Fee$oZ, ..A-�-> CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ( time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this 7C, day of No y Public ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15.4606 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," IS AMENDED TO PROVIDE FOR THE REGULATION OF RIDE SHARING SERVICES OPERATING VIA A WEB BASED APPLICATION SYSTEM, TO REQUIRE THE CITY TO ISSUE IDENTIFICATION CARDS, TO ELIMINATE THE EXCEPTION FOR DISPATCHING FROM A LOCATION OTHER THAN THE OFFICE FROM MIDNIGHT TO 6:00 AM, TO REQUIRE COLOR SCHEMES, TO REVISE THE DEFINITION OF DESTINATION RATES, AND TO REGULATE SHARED RIDES. WHEREAS, in the spring of 2014, the Police Department investigated allegations of sexual assaults by taxi cab drivers; WHEREAS, in their investigations, the Police Department expended many hours in attempting to locate drivers and vehicles; WHEREAS, in order to address the Police Department's needs in investigating crimes, the Police Department recommends certain amendments; WHEREAS, ridesharing transpor- tation services, which connect driver and passenger via a web - based application, are expanding to more cities both in the U.S and abroad; WHEREAS, having such rideshar- ing services operating in the City will provide residents and visitors with another transportation option; WHEREAS, such ridesharing ser- vices should be regulated in a sim- ilar manner to traditional taxicab services; WHEREAS, the regulations imposed on taxicab companies, regardless of the business model, should meet the following health, safety and welfare needs: a) the police department's need for timely and accurate information on vehi- cles and drivers; b) the police department's need for consumers and crime victims to be able to identify vehicles and drivers; c) vehicles need to be safe; d) drivers need to be a good drivers and of good moral character; and e) pas- sengers need to be notified of the fare that will be charged; WHEREAS, in order to address those needs, the City should issue identification cards to all drivers, the current exception that allows dispatching to be done from a non - office location from midnight to 6:00 AM should be eliminated, metered taxicab businesses should have a unique color scheme, desti- nation rates should be defined to be the flat rate from a location within the City limits to a location outside the City limits, and the abil- ity of drivers to pick up "additional" passengers should be limited; and WHEREAS, it is in the public interest to adopt these amend- ments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY �OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled 'Taxicabs," Sections 1-10 and 13-14 are deleted in their entirety and the following new Sections 1-8 and 10-12 are substituted in lieu thereof: Q � k `t 5-2-1 DEFINITIONS: As used in this chapter, the following defini- tions shall apply: AIRPORT SHUTTLE: A vehicle fur- nished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at a commercial airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED CALIBRATOR: Individual who possesses a certifi- cate showing completion of a taxi- meter calibration course. Said cer- tificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursu- ant to a written contract with reser- vations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for ser- vices on an hourly basis or longer periods of time. CONNECT: The network commu- nication process by which a driver accepts a requested ride via a web -based application system. DECAL: A sticker issued by the city clerk for each taxicab operated by a taxicab business. DESTINATION RATE: A flat fee charged by a metered taxicab busi- ness to carry a passenger from anywhere within the corporate lim- its of Iowa City to a specified geo- graphic location outside the corpo- rate limits of Iowa City that is applicable at all times and on all days. A destination rate cannot be charged for a ride that originates and terminates within the corporate limits of Iowa City. Examples of a destination rate are: Iowa City to Riverside Casino $_ and Iowa City to Eastern Iowa Airport $_. DISPATCH: The communication process, such as by means of tele- phone, radio, or mobile device, by which a metered taxicab business assigns a particular metered taxi- cab driver to a location to pick up a passenger. DRIVER: A person who is autho- rized by the city to drive a taxicab. ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the city to operate a taxicab busi- ness. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destina- tion, number of passengers, and the amount of fare of each trip. A manifest log may be stored elec- tronically. METERED TAXICAB. A taxicab in which the taxicab business dis- patches a driver to a passenger or the driver responds to a passenger via traditional street hail, including hand gestures and verbal state- ments. A metered taxicab does not include a pedicab or horsedrawn vehicle. METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of dis- patching drivers and/or by means of traditional street hail, including hand gestures and verbal state- ments. A metered taxicab business does not include taxicab services provided by pedicabs and horse drawn vehicles. NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file an application for a taxi cab business license and receive and accept all correspondence and notices from the Citypertaining to the network taxicab business and its affiliated drivers. NETWORK TAXICAB. A taxicab in which the driver connects with pas- sengers via a .web -based applica- tion. NETWORK TAXICAB BUSINESS: A taxicab business that operates its business entirely via a web - based application system to con- nect drivers with passengers for taxicab services. PASSENGER: An individual being transported by a taxi cab business. PEDICAB: A vehicle propelled pri- marily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supple- ment the human power, but the pedicab cannot be, propelled exclu- sively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn sig- nals, and operates without a taxi- meter. PREARRANGED RIDE: A period of time that originates when a driver accepts a requested ride through a web -based application, continues while the driver transports the pas- senger, and terminates when the passenger departs from the net- work taxicab. RATE CARD: A card containing the maximum fare rates. A rate card must include the information shown on the city clerk's rate card template, and it must be filed with the city clerk. STREET: Any street, alley, court, lane, bridge or public place within the city. TAX I CAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, metered taxicabs, network taxi- cabs, pedicabs, and horsedrawn vehicles. "Charter transportation" and "airport shuttle," as defined in this section, and a vehicle owned or operated by any governmental entity that provides public trans- portation are not taxicabs. TAX I CAB BUSINESS: A person or entity that provides taxicab ser- vices originating within the corpo- rate limits of the city of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in further- ance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calcu- lates at a predetermined rate or rates and indicates the charge for hire of a metered taxicab. C.50- .3- t'S' -- 4 Gia g 7-t x; 4b WEB -BASED APPLICATION: A program that is accessed over a network or internet connection that connects passengers and drivers and provides passengers with driv- er, vehicle, and rate information prior to engaging in a prearranged ride. 5-2-2 BUSINESS LICENSES: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. B. Each applicant for a taxicab business license shall file an appli- cation with the city clerk by May 1 on forms provided by the city. C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal infraction citations, and the police chief or chief's designee has deter- mined that there is no information which would indicate that the issu- ance of the license would be detri- mental to the safety, health or wel- fare of residents of the city, the city clerk shall issue a license to con- duct a taxicab business. D. If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be det- rimental to the safety, health or welfare of residents of the city, the city clerk may revoke or suspend the license to conduct a taxicab business as provided in section 5-1-5 of this title. E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. F. The license cannot be sold, assigned, or transferred to another taxicab business. G. Taxicab businesses shall main- tain manifest logs, stored electroni- cally or otherwise. Manifest logs must be maintained and accessible to the city for a minimum of sixty (60) days. H. Each taxicab business shall pro- vide taxicab service to the public twenty-four (24) hours a day, seven (7) days a week. I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the time period between March 1, 2015 and June 1, 2015. 5-2-3 ACCESSIBILITY OF RECORDS: A. Taxicab businesses shall main- tain manifest logs, stored electroni- cally or otherwise, for a minimum of sixty (60) days. The manifest logs shall be accessible to the City dur- ing the sixty (60) day period. B. Taxicab businesses shall provide the following vehicle information and driver information on demand to the city of Iowa City and this information must be accessible to the City in at least one of the fol- lowing ways: 1. A taxicab business shall have an accessible business office located within Iowa City or Coralville city limits. An acces- sible business office means that the office must be staffed twen- ty-four (24) hours a day, seven (7) days a week and is subject to inspection by the City without notice. Manifest logs must be maintained at the accessible business office. The telephone number listed on the application must be answered twenty-four (24) hours a day, seven (7) days a week. 2. A web -based application used to connect passengers and drivers shall display for the passenger prior to engaging in a pre -arranged ride, at a mini- mum: a. the driver's first name and a photograph of the driver; b. the license plate number of the vehicle; and c. the vehicle's make and model. 5-2-4 DRIVER REQUIREMENTS A. No person shall operate a taxi- cab without authorization of the city clerk. B. 1. Each person desiring to drive a taxicab shall file an applica- tion with the city clerk. 2, if the city clerk finds that the applicant has fully complied with the requirements of this chapter and the police chief or chiefs designee has deter- mined that there is no infor- mation which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office,of the city clerk during regular business hours and on the city website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1. Beginning March 1, 2015, each driver while operating a taxicab, which includes a pre- arranged ride, shall promi- nently display in locations in both the front and rear com- partments a picture identifi- cation card that is yisibie to all passengers. The City shall provide the picture identifica- tion card and shall approve the locations where it is dis- played. 2. Prior to March 1, 2015, each driver while operating a taxi- cab in the City, shall promi- nently display in locations in both the front and rear com- partments an identification card that is visible to all pas- sengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one-half inches (8112') in width and five and one-half inches (5112') in height. The City -issued identification card satisfies this provision. D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to smoke. E. No driver shall take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger. Ct F. No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential pas- sengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A network taxi- cab driver shall not direct people to a network taxicab that is parked, stopped, standing or moving upon the street. G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond to passengers' or potential passen- gers' request for service via tradi- tional street hail, including hand gestures and verbal statements. H. Shared ride means a taxi ride in which two or more passengers with the same origin and with either the same or different destinations occupy a taxicab at one time. If passengers at the point of origin expressly agree to a shared ride, the driver shall charge the first pas- senger, or first group of passen- gers, to depart the fare shown on the meter. The driver shall then reset the meter, and the driver shall charge the second passenger, or second group, to depart the fare shown on the meter for the dis- iance from the point of the first stop to the point the second pas- senger departs. If a passenger, or group, departs at a third or subse- quent destination, the driver shall reset the meter and charge the third or subsequent passenger in the same manner as the second passenger. If all passengers depart at the same destination, the fare charged by the driver shall be either the fare shown on the meter or a destination rate to a point out- side the City limits. Regardless of the number of passengers in a shared ride, the driver may not charge any other fee or surcharge except a cleanup fee. No driver may request a passenger to share a ride, and no driver shall pick-up an additional passenger at any point after the taxi ride begins. I. A network taxicab is not a "com- mercial vehicle" for purposes of the parking restrictions in Section 9-4 of the Code. J. The following provision applies to motorized taxicabs: No person shall operate a motorized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall. permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 5-2-5 VEHICLE REQUIREMENTS: A. Each taxicab shall be subject to an annual inspection, and no taxi- cab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the code of Iowa, and administra- tive rules. B. The City may require reinspec- tion of a taxicab on belief that it is not mechanically fit. 1. In the event any taxicab is determined by the city equip- ment superintendent or desig- nee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determi- nation that the taxicab meets the standards of mechanical fit- ness, a new decal will be issued and charged as established by council resolution. 2. The police chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the Stan- dards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 3. In the event any network taxi- cab is determined by the city equipment superintendent or designee not to be mechanically fit, the'City 5lRdt rf!lYfiq the -net --- work representative, and the network representative must immediately deny the driver access to the network's system. After reinspection and determi- nation that the taxicab meets the standards of mechanical fit- ness, the City shall notify the network representative and the driver may be allowed access to the network's system. C. In order to solicit passengers, be hailed, or be dispatched to a pas- senger, a metered taxicab business and driver, and pedicabs and horsedrawn vehicles as applicable, must meet the following require- ments: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and has been calibrat- ed and sealed by a certified calibrator. Dated documenta- tion must be provided to the city equipment superinten- dent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is com- pleted. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicu- ously displayed on the inside of a taxicab that states "if the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The city may require verification of a certi- fied calibration for taximeters without prior notice for the purpose of ensuring compli- ance with this chapter. 2. Lettering Required: Each taxi- cab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (4 1/2") in height. Removable signs and peel -off letters shall not be allowed. If a phone number is provided, the num- ber shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (W) in height. Lettering may be allowed on a window, if approved by the city equip- ment superintendent or des- ignee. , k s- 4(,p o S Lighted Dome: Every metered taxicab shall have a lighted dome attached permanently to the exterior roof of the taxi- cab with lettering that identi- fies the vehicle as a taxicab visible from the front and back of the taxicab. The light- ed dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equip- ment superintendent or des- ignee may approve an alter- native placement. If a phone number is provided the num- ber shall be the same number that appears on the taxicab business application and rate card. 4. Beginning June 1, 2015, all metered taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. D. Except for pedicabs and horse- drawn vehicles, each taxicab busi- ness shall provide a minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured and shall have a decal at all times. 5-2-6 DECALS: A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms provided by the city. B. No person shall operate a taxi- cab on any street unless a decal has been issued by the city clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the city clerk. The decal shall be attached to the lower cor- ner of the front windshield on the passenger side. Pedicabs or horse- drawn vehicles shall display the decal on the left rear of the taxicab. C. If the city clerk finds that the taxicab business has fully complied with the requirements of this chap- ter and the city equipment superin- tendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of resi- dents of the city, the city clerk shall issue a decal for the taxicab. D. The decal shall be nontransfer- able as between taxicabs and taxi- cab businesses. E. Decals will be issued by the city clerk on the next business day at least twenty-four (24) hours after the filing of a completed applica- tion for such decal with the city clerk. F. The taxicab business shall return the decal within two (2) business days of when the vehicle is no lon- ger operating as a taxicab. Additionally, metered taxicab busi- nesses shall remove the bubble light and lettering within two (2) business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provi- sion is grounds to suspend and revoke the taxicab business license. C— G. If, after the issuance of a decal, the license plate for the taxicab is changed, the taxicab business shall inform the city clerk in writing of the new license plate number and have the city equipment super- visor or designee verify that the VIN, license plate number, and decal match. No driver shall oper- ate a taxicab until the city equip- ment supervisor or designee has verified that the VIN and decal match the new license plate num- ber. No taxicab business shall allow a taxicab to be operated until the city equipment supervisor or desig- nee has verified that the VIN and decal match the new license plate number. H. The taxicab business shall return the decal within two (2) busi- ness days of when the vehicle is no longer operating as a taxicab. I. No person shall operate a motor- ized vehicle, a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to the following situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been cancelled or otherwise terminated; or 3) the taxicab busi- ness has notified the City Clerk that the vehicle is no longer part of its fleet. 5-2-7 LIABILITY INSURANCE REQUIREMENTS: A. The taxicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insur- ance policy shall be determined by the City's Risk Manager. C. The taxicab business shall file with the city clerk evidence of liabil- ity insurance coverage in the form of one certificate of insurance that lists all taxicabs insured. The cer- tificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance busi-. ness in the state of Iowa and be acceptable to the city. E. Insurance coverage for the driver of a network taxicab shall, at 'a minimum, be for incidents involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance cover- age of a metered taxicab, which is not titled in the name of the busi- ness, shall be for incidents involv- ing the driver when the vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles, shall be for all incidents. F Notwithstanding Section 5-1-,5, the cancellation or other termina- tion of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the taxicab business of the suspension of the license. The City Clerk will sched- ule a suspension hearing before the City Manager or designee in the same manner as in Section 5-1-5. If the taxicab business obtains insur- ance coverage that complies with this chapter prior to the hearing on R5 - 3q, `-F the suspension, the City Clerk may withdraw the suspension and can- cel the hearing. Upon the City Clerk suspending the license, the taxicab business shall return all decals to the city clerk. If the suspension of the business license is subse- quently withdrawn, the taxicab business must apply for new decals in accordance with the terms of this chapter and at its expense. 5-2-8 RATES: A. Rates must be based on time, distance, or a combination thereof. B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of the following ways: 1. A web -based application sys- tem that minimally provides: a. The total fare or fare range is clearly displayed on the appli- cation and the passenger posi- tively acknowledges he or she agrees to the rate structure being charged for the ride requested before the ride is confirmed. All other rates, charges, or fees are prohibited. b. Upon completion of the pre- arranged ride, the driver or taxicab business shall transmit to the passenger an electronic receipt, either by electronic mail or text. message. The receipt shall document the point of origin and destination of the ride, the total distance and duration of the ride, the total fare paid, and.the driver's • first name. c. No taxicab business or driv- er shall charge a fare that exceeds the amount commu- nicated through a web -based application. 2. A rate card that is prominently displayed to all passenger seats and 'each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shbll be filed with the city clerk. a. A rate based on distance includes destination rates. Except for destination rates, all rates based on time and/or dis- tance must utilize a taximeter. All other rates, charges, or fees, except for cleanup fees, are pro- hibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. b. No driver of a metered taxi- cab shall operate a taxicab with- out utilizing a taximeter that has been calibrated by a certified calibrator and inspected. C. Whenever the taxicab busi- ness desires to change the rate charged, the taxicab business shall file a rate card with the city clerk setting forth the new rates. The business must have all taxi- meters recalibrated by a certi- fied calibrator on a form provid- ed by the city and returned to the city clerk no later than ten ( 1 0) business days after filing the new rates with the city clerk. The business must have the taxime- ter recalibrated by a certified calibrator no sooner than the filing date of a rate card change and no later than ten (10) busi- ness days after said filing date, The business must have all taxi- meters recalibrated by a certi- fied calibrator before the'busi- ness may again change the rate charged. 3. No taxicab business or driver shall charge,a fare -exceeding the amount communicated to passengers through a web - based application, rate card, or taximeter. 5-2-10 REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5-1-5 of this title. 5-2-11 FEES: Fees for licenses, decals, inspec- tions, and authorizations shall be set by Council resolution. 5-2-12 ADMINISTRATIVE RULES: The City Manager and City Clerk, and their designees, are authorized to establish administrative rules not inconsistent with any ordinance adopted by the City Council. A copy of the rules shall be on file with the City Clerk and available of the City website. 5-2-13 VIOLATIONS: Any violation of this chapter shall be considered a simple misde- meanor or municipal infraction. The fine for a simple misdemeanor shall be $100.00, and the civil penalty for a municipal infraction shall be as provided in Section 1-4-213 of the code. 2. Title 5, entitled `Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 11, entitled "Horsedrawn Vehicles" is renumbered as Section 9. SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as -a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 9th day February of 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk February 19, 2015 PC -8000043594 r _0_ 4;W'1V �.,ASNIP `h CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4609, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of February, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 5, 2015. Dated at Iowa City, Iowa, this 13th day of April 2015. �.� Jut". Voparil Deputy City Clerk Printer's Fee $_ ;� (®_!�: I CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): J-ls� Legal Clerk Subscribed and sworn to before " e this day of 1� rte- 20 j NolWy Public ADAM JAMES KAHLER folt Commission Number 785381 Il My Commission Expires 08/04/2017 4(,, (D C\ �13 - IA3 OFFICIAL PUBLICATION ORDINANCE NO. 15-4809 AN ORDINANCE CONDITIONALLY REZONING 21.24 ACRES OF PROPERTY FOR A PLANNED DEVELOPMENT OVERLAY/HIGH DENSITY SINGLE FAMILY RESIDENTIAL (OPD/RS12) ZONE TO ALLOW 72 MULTI -FAMILY DWELLING UNITS LOCATED SOUTH OF PADDOCK CIRCLE AND WEST OF HEINZ ROAD. (REZ14-00010) WHEREAS, the applicant, Steve Gordon, has requested a rezoning of property located south of Paddock Circle and west of Heinz Road in order to amend the Planned Development Overlay/High Density Single Family Residential (OPD/ RS12) to allow 72 dwelling units to be provided in four multi -family con- dominium buildings; and WHEREAS, the property is cur- rently zoned for manufactured housing and is designated for this use in the future land use map in the South District Plan; and WHEREAS, recent changes in financing have made it difficult to obtain mortgages for manufactured housing on leased lots; and WHEREAS, the proposed plan for 72 multi -family units will not lead to an increase in density over the 73 units of manufactured housing cur- rently allowed; and WHEREAS, the applicant has designed the site to be integrated with adjacent streets and open space with buildings oriented toward the street, extension of trails, and preservation of open space for the benefit of all residents of the Saddlebrook neighborhood; and WHEREAS, the mass, scale, and design of the proposed buildings are compatible with the surrounding development; and WHEREAS, the applicant will extend public infrastructure by plat- ting and building Shire Lane and Mustang to City street standards, including sidewalks and street trees; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pro- vided that it meets conditions addressing the need for extension of public infrastructure, number of bedrooms, site layout, and building design and construction; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the attached planned devel- opment plan for property described below, zoned OPD/RS12 is hereby approved: a� - Is -14+o (D � 'a' 3 Z Pud UOJMPPV �oojqsjppuS jo 9 jol PUS V 10110 Ped YNO f AM YW �_U€ Ueld OdO�Jeulwl101djoojq@jppeS le NOOIJOAO 041 LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 246, AND AUDITOR'S PARCEL 2015004, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 59, PAGE 129. SECTION II ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and a+ approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. RECTION V REPEALER All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, , provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of February, 2015. 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 The Paddock LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 21.24 acres of property located south of Paddock Circle and west of Heinz Road; and WHEREAS, the Owner has requested approval of a Planned Development Overlay Plan of said property to allow alternative owner- ship under its current Overlay Planned Development/High Density Single -Family Residential (OPD/ RS -12) zoning; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions . (,S— L-4 (o O regarding extension of public infra- structure, site layout and building design and construction, and num- ber of bedrooms per unit, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions ort granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for improved connectivity and long-term stability of the development; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. The Paddock LLC is the legal title holder of the property legally described on Exhibit "A", attached hereto and incorporated herein by reference. 2. The Owner acknowledges that the City wishes to ensure confor- mance 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 appli- cant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any development shall be in substantial compliance with the site plan and elevations submit- ted on November 6, 2014 (including the use of masonry and cement board siding) and shall be limited to one -and two- bedroom units; b. Prior to issuance of a building permit for any development activity on the above-described property, the following must occur: The Owner shall agree, in writing, to install and dedi- cate Mustang Lane west of Heinz Road and extend Heinz Road to Mustang Lane as a public improvement prior to any development east of Shire Lane, which agreement may be done by amendment to the Saddlebrook, Part Two Subdivider's Agreement, recorded at Book 3037, Page 304, in the Records of the Johnson County Recorder's Office; ii. Shire Lane and Mustang Lane shall be platted as pub- lic streets; The applicant will provide a statement from his engineer indicating that the stormwa- ter detention pond is ade- quate to handle the pro- posed development and that all necessary modifications due to the extension of McCollister Boulevard can bwconstructed on site. Prior to the issuance of an occupancy permit for any dwelling units constructed on the above-described property, Shire Lane shall be extended to the McCollister Blvd. right-of- way with a temporary turn- around constructed at the south end of Shire Lane. The cost of removing the temporary turn -around improvement shall be deposited in an escrow account to ensure that it is removed when McCollister Boulevard is extended; The City will accept dedication of Shire Lane as a public improvement concurrent with the dedication of Heinz Road and Mustang Lane. Prior to dedication, Shire Lane will be inspected by the Public Works Department. Any repairs deemed necessary must be made by the developer before the City will accept dedication; and The Owner acknowledges that a portion of the Stormwater detention pond serving the above-described property encroaches on to City -owned property upon which the City intends to construct McCollister Boulevard. At such time as the City determines that it will con- struct McCollister Boulevard, the Owner shall be solely responsible for timely perform- ing any and all modifications to said stormwater detention pond necessary to eliminate this encroachment and maintain compliance with the storm water obligations pursuant to the Iowa City Code of Ordinances. This cost Shall be born solely by Owner, who must provide the City with a letter of credit prior to issuance of any building permit for development on the above-described prop- erty to ensure satisfaction with this obligation. 4. Upon completion of the items specified in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient Release so that this Conditional Zoning Agreement will not consti- tute a cloud on the title to the prop- erty. 5. The Owner and City acknowl- edge 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. 6. The Owner and City acknowl- edge that in the event the subject property is transferred, sold, rede- veloped, or subdivided, all redevel- a 13 J� opment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 10.The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. SIGNATURE PAGE TO CONDITIONAL ZONING AGREEMENT Dated this 23rd day of February, 2015. CITY OF IOWA CITY a/Matthew J. Hayek, Mayor Attest: a/Marian K. Karr, City Clerk THE PADDOCK, LLC By: s/Steve Gordon, Manager EXHIBIT "A" Legal Description LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 246, AND AUDITOR'S PARCEL 2015004, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 59, PAGE 129. PC -6000043876 March 5, 2015 r %7pr; kml CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4610, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of February, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 5, 2015. Dated at Iowa City, Iowa, this 13th day of April 2015. Jul"Voparil Deputy City Clerk j Printer's Fee $ . �7 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITU PRESS -CITIZEN FED.ID#42-0330670 I, croS 0 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): Legal Clerk Subscribed and sworn to befor me this day of >ti D.20 Not P blic ADAM JAMES KAMLER VPAJ Commission Number 785381 My Commission Expires 08/04!2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4610 ORDINANCE REZONING 34.21 ACRES OF PROPERTY FROM INTERIM . DEVELOPMENT RESEARCH PARK (ID -RP) ZONE TO COMMERCIAL OFFICE (CO - 1) ZONE LOCATED NORTH OF NORTHGATE DRIVE. WHEREAS„ the applicant, SouthGate Companies, has requested a rezoning of property located on Northgate Drive from Interim Development -Research Park (ID -RP) to Commercial Office (CO -1); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for Office Research Park; and WHEREAS, the applicant has acknowledged that there is a resi- dential home located north of the subject property and will use its best efforts to provide screening or buffering of the development from this residential use; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, 'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Property described below is hereby reclassi- fied from its current zoning desig- nation of ID -RP to CO -1: A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST- QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2°21'18"W, A DISTANCE OF 189.76 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2°21'18"W ALONG SAID EASTERLY LINE, A DISTANCE OF 1130.15 FEET TO THE NORTHWEST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE N88°31'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1326.55 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02°05'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87°25'27"W ALONG THE NORTHERLY LINE OF SAID HIGHLANDER DEVELOPMENT, A DISTANCE OF 1321.33 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 33.98 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid' or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of February, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -6000043M2 March 5, 2015 STATE OF IOWA JOHNSON COUNTY ) ) SS !:rlai cccmr4,*% Axamas- _W%A ._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org 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. 15-4611, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of February, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 5, 2015. Dated at Iowa City, Iowa, this 13th day of April 2015. Ju ' K. Voparil Deputy City Clerk ^� ra Printer's Fee $C� • CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, JG�s. Crolm being duly sworn, say that(i am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _1 on the following date(s): 3-5- IS A.. Legal Clerk Subscribed and sworn to befor me this day of A0. 20 S Notary P ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4611 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," SECTION 4, ENTITLED "DRIVER REQUIREMENTS," AND SECTION 8, ENTITLED "RATES," TO REVISE THE PROVISION ON SHARED RIDES. WHEREAS, Section 5-2-4H of the taxicab ordinance approved on February 9, 2015 (Ordinance No. 15-4608) allows for "shared rides" only if all the passengers have the same origin and prohibits the driv- er/company from charging a fee for the extra passengers; WHEREAS, the shared ride provi- sion should be amended to allow passengers to get into the taxicab at different locations with consent and allow the driver/company to charge a fee for extra passengers; and. WHEREAS, it is in the public inter- est to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, enti- tled "Driver Requirements," is amended by deleting Subsection H in its entirety and substituting the following: Shared ride means a taxi ride in which one or more passengers expressly request to share a ride with one or more additional pas- sengers. No driver may request a passenger to share a ride, and no driver shall pick-up an additional passenger at any point after the taxi ride begins without the express request of the passen- gers in the taxicab. If shown on the rate card, the driver may charge a fee for each passenger ("extra passenger fee") who shares the ride. 2. Title 5, entitled 'Business and License Regulations," Chapter 2, entitled 'Taxicabs," Section 9 enti- tled "Rates," is amended by delet- ing the second sentence of Subsection 62a and substituting the following: All other rates, charges, or fees, except for extra passenger and cleanup fees, are prohibited. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of February, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk March 5, 2015 PC -6000043675 � r j CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4612, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 16, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. Julie . Voparil Deputy City Clerk Printer's Fee $__M, CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, �^ ✓a r'as being duly sworn, say that am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, as published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to before rtile this iw day of A.9920 Nota ub is ADAM JAMES KAHLER �0'&� Commission Number 785381 �. My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4612 AN ORDINANCE CONDITIONALLY REZONING 3.97 ACRES OF PROPERTY FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS - SOUTH GILBERT G)ILBERTS.(REZ15--0000CATED AT11 S. WHEREAS, the applicant,1201 Gilbert LLC, has requested a rezon- ing of property located at 1201 South Gilbert Street from Intensive Commercial (CIA) Zone to Riverfront Crossings -South Gilbert (RFC -SG); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the sub- ject property is located in the South Gilbert Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings - South Gilbert (RFC -SG) Zone was developed to help imple- ment the vision of the Riverfront Crossings Master Plan by encour- aging redevelopment that will create a more pedestrian -friendly charac- ter along Gilbert Street by enhanc- ing the streetscape and overall aes- thetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River, Ralston Creek and a proposed riv- erfront park, and to shopping, res- taurants, and other services; and WHEREAS, the requested rezon- ing will result in a significant increase in the residential popula- tion in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian streets that pro- vide access to the new park, trails, and the Iowa River and, therefore, additional public right of -way and access easementsfor planned pedestrian streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior to the block will be needed to ensure public safety and to provide a more attractive envi- ronment for residential living;and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Gilbert Street right-of-way to create a larger landscape buffer between the traffic lanes and the public side- walk and an public access ease- ment is granted to establish a rear lane for vehicular access to parking areas and future traffic circulation between neighboring properties; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and `�, 7�s\A3 WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY -THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) to Riverfront Crossings -South Gilbert (RFC -SG): LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST,OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF COOK'S,SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson County, Iowa, In accordance with the Plat thereof Recorded in Deed Book 16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01°01'45"E, along the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01°01'45"E alond said West line, 360.00 feet;Thence S88°41'01"W, 450.00 feet; Thence N08°0011"E,445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three;Thence N88°41'01 "E, along said Westerly Extension and North Line, 260.00 feet; Thence S01°01'45"E, 80.00 feet; Thence N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998 square feet), and is subject to ease- ments and restrictions of record. SECTION II ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. of -way, Ralston Creek eGcnnni Iv RFRTIFIC:ATION AND RECORDING. Upon passage and NOW, THEREFORE, in consider- pedestrian street, and approval of the Ordinance, the City ation of the mutual promises con- Gilbert Street right-own Clerk is hereby authorized and tained herein, the parties agree as P g in improvements, as shown i directed to certifya co of this PY follows: the Downtown and Riverfront t ordinance, and record the same in Crossings Master Plan, as the Office of the County Recorder, 1. Miller and Masks LLC is the follows and as illustrated on Johnson County, Iowa, at the legal title holder of the roe g property the "Block 6" Exhibit, Owner's ex ense, upon the final P P legally described as follows: A attached hereto and incor- passage, approval and publication PORTION OF THE NORTHEAST porated herein: of this ordinance, as provided by QUARTER OF THE i. of land dedication law. SOUTHWEST QUARTER OF along along the Gilbert Street SECTION V. REPEALER. All ordi- SECTION 15, TOWNSHIP 79 frontage; and nances and parts of ordinances in NORTH, RANGE 6 WEST, OF ii. of land dedication conflict with the provisions of this THE FIFTH PRINCIPAL a lo along the northern prop Ordinance are hereby repealed. MERIDIAN, IOWA CITY, arty line; and SECTION VI. SEVERABILITY. If JOHNSON COUNTY, IOWA, iii. of land dedication any section, provision or part of the INCLUDING A PORTION OF a lo along the southern prop- Ordinance shall be adjudged to be VACATED BLOCKS THREE arty line; and invalid or unconstitutional, such AND SIX OF COOK'S, iv. of land dedication adjudication shall not affect the SARGENT, AND DOWNEY'S a lo along the west property validity of the Ordinance as a whole ADDITION, DESCRIBED AS line measured from the or any section, provision or part FOLLOWS: Commencingat the top of bank of Ralston of thereof not adjudged invalid or Northeast Corner of Creek. unconstitutional. Block Three, of Cook's, SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect Sargent, and Downey's Addition to Iowa City, Johnson b) Prior to issuance of any building permit, Owner shall after its final passage, approval and County, Iowa, in accordance grant afoot wide public publication, as provided by law. with the Plat thereof Recorded cross access easement in a Passed and approved this 7th day in Deed Book 16, at Page 84, of 9 location running the length of April, 2015. the Records of the Johnson of the property parallel to County Recorder's Office; Gilbert Street to be located s/Matthew J. Hayek, Mayor Thence S01 °01'45"E, along the between an area that is 122 Attest: s/Marian K. Karr, City Clerk West Line of Gilbert Street, feet west of the current east CONDITIONAL ZONING 80.00 feet, to The Point of Beginning; Thence continuing property line and 166 feet west the current east S01 °01'45"E along said West property line (as illustrated THIS AGREEMENT is made Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet; on the attached Block 6 Exhibit), the exact location between the City of Iowa City, Iowa, Thence N08°00'11 "E, 445.80 therein to be determined by a municipal corporation (hereinafter feet, to a Point on the Westerly the City, the purpose of "City"), 1201 Gilbert LLC (hereinaf- Extension of the North Line of which is to provide traffic ter 'Applicant"), and Miller and said Vacated Block Three; and access to Maske LLC (hereinafter "Owner"). Thence N88°41'01 "E, alongcirculation rear parking areas for the WHEREAS, Owner is the legal title said Westerly Extension and North Line, 260.00 feet; Thence subject property, as well as for adjacent properties holder of approximately 3.97 acres S01 °01'45"E, 80.00 feet; located along Gilbert Street of property located at 1201 S. Thence N88°41'01"E, 120.00 from Kirkwood Avenue to Gilbert Street in Iowa City; and feet, to the Point of Beginning. Highway 6. At the time of WHEREAS, the Applicant has Said Rezoning Parcel contains 3.97 Acres (172,998 square development of the subject property, Owner shall pave requested the rezoning of said feet), and is subject to ease- this public cross-access property from Intensive Commercial ments and restrictions of with a minimum (CI-1) to Riverfront Crossings- record. 20-feasement wide private rear South Gilbert (RFC-SG); and lane that lane that provides access to WHEREAS, the Planningand 2. The Owner acknowledges that g the City wishes to ensure con- parking areas located behind buildings as illustrat- Zoning Commission has deter- formance to the principles of ed on the "Block 6" Exhibit, mined that, with appropriate condi- the Comprehensive Plan, attached hereto and incor- tions to ensure an appropriate envi- including the South Gilbert porated herein. ronment for residential living, including access to parks, trails and Subdistrict of the Downtown public space amenities, improved and Riverfront Crossings 4. The conditions contained here- pedestrian and bicycle safety and Master Plan, and the Owner in are reasonable conditions to comfort and to provide for safe traf- intends to comply therewith. impose on the land under Iowa Code §414.5 (2013), and that fic circulation upon redevelopment, the requested zoning is consistent Further, the parties acknowl- edge that Iowa Code §414,5 s%jicl, conditions a6atisfy „public with the Comprehensive Plan; and (2013) provides that the City of needs that are caused by the requested zoning change. Iowa City may impose reason- WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa able conditions on granting an applicant's rezoning request, 5. In the event the subject City may impose reasonable condi- over and above the existing arty is transferred, sold, r ede- develop, subdivided, all all a tions on granting an applicant's rezoning request, over and above regulations, in order to satisfy public needs caused by the , developmenntt will conform with existing regulations, in order to sat- requested change. the terms of this Conditional Zoning Agreement. isfy public needs caused by the requested change; and q g 3. In consideration of the City's 6. This Conditional Zoning WHEREAS, certain conditions and rezoning the subject property, Owner and Applicant agree that Agreement shall be deemed to restrictions are reasonable to development of the subject be a covenant running with the land and with title to the land, ensure the development of the property will conform to all and shall remain in full force property is consistent with the Comprehensive Plan and the need requirements of the zoning chapter, as well as the following and effect as a covenant with for a safe, attractive, and comfort- conditions to be satisfied upon title to the land, unless or until released of record by the City of able environment for residential liv- redevelopment of the property: Iowa City. ing, including access to parks, trails, and public space amenities, a) Prior to the issuance of any 7. This agreement shall inure to and improved pedestrian, bicycle, building permit, Owner shall the benefit of and bind all suc- cessors, representatives, and and vehicular routes, dedicate land necessary for the pedestrian street rights- assigns of the parties. of -way, Ralston Creek BLOCK 6 EXHIBIT 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. This Conditional Zoning Agreement shall be incorporat- ed by reference into the ordi- nance rezoning the subject property, and that upon adop- tion 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 7th day of April, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk s/Jeff Maske Miller and Maske LLC by Jeff Maske, Member s/Randy Miller 1201 Gilbert LLC by Randy Miller, Manager PC -60000 MU APRIL 16, 2015 11 1� � 3 �3 � r CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4613, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 16, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. Ju ' Voparil Deputy City Clerk Printer's Fee $ C_Q,� , J _t CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I ��.. f r - being duly sworn, say that I drn the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): OLL ,.—._._ Legal Clerk Subscribed an sworn to before rrp this day of 2- D.20 1. Not u lic ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/0412017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4613 ORDINANCE REZONING APPROXIMATELY 0.275 ACRES LOCATED AT 800 S. DUBUQUE ST. FROM INTENSIVE COMMERCIAL (CI -1) TO NEIGHBORHOOD PUBLIC (P-1). (REZ15-00003) WHEREAS, the applicant,. Johnson County, has requested a rezoning of property located at 800 S. Dubuque St. from Intensive Commercial (CI -1) to Neighborhood Public (P-1); and WHEREAS, the Comprehensive Plan indicates that the property is designated public use; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of this rezoning; and WHEREAS, the applicant Intends to consider and incorporate Riverfront Crossings design stan- dards into its development of this property to the extent that it is able. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of Intensive Commercial (CI - 1) to Neighborhood Public (P-1): Lot 8 of Block 28 County Seat Addition, Iowa City, Johnson County, Iowa SECTION II ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage,approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk Is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, lowa,at the owner's expense,all as provided by law. SECTION IV REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of April, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk. PC -6000D44814 APRIL 16, 2015 =P "EL i; UnIp . CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4614, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 16, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. Ju . Voparil Deputy City Clerk Printer's Fee $ (4—).-)—) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, Sa,-G, CrOS1 _N4_ being duly sworn, say thataft m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, las published in said paper time(s), on the following date(s): �l- 1rQ-tS Legal Clerk Subscribed and sworn to before,pe this X- day of �A.0. 20 !f-- Nota ub is ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 15-4614 AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL ZONES. WHEREAS, the stated purpose of the Zoning Code sign regulations is to provide a reasonable opportunity for all sign users to display signs without interference from other signage and to provide fair and equitable treatment for all sign users; and WHEREAS, current sign regulations regarding the placement of portable signs restrict that placement to private property or sidewalk cafes; and WHEREAS, these restrictions create a perception of unfairness for those business owners who do not have an available area of private property due to building placement or whose businesses are not located on the ground floor of a building; and WHEREAS, it is reasonable to allow portable signs on City right-of-way, subject to certain limitations regarding the size, location and illumination; and WHEREAS, the proposed standards will protect and maintain a minimum unobstructed pedestrian walk way of 8ft; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and recommend approval; and WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Section 14 -5B -8E, Table 5B-4, "Sign Specifications and Provisions in the CB -2, CB -5 and CB -10 Zones," by deleting the row that addrescac "P—t.hic c.. .:...._ Portable 6 sq. ft. Oft Up to one non -illuminated portable sign is sign per sign allowed per storefront. A maximum of one face. additional sign is allowed for businesses not May be located on the ground floor, which may be double- for one or more of those businesses. faced The sign must be placed 1) on private for a property; 2) within or on the fenced total delineated area of a sidewalk cafe; or 3) on area of City right-of-way within 30 inches of the 12 sq front facade wall and/or front property line ft. of the bulking containing the business. The sign may not block access to any doorway. When placed on City right-of-way, a clear, unobstructed 8ft path between the sign and any streetscape amenities, Planters, delineated sidewalk cafe areas or obstructions must be maintained. The sign must be moved inside the business when the business is closed. The sign must be constructed of durable ' materials and weighted to provide stability in all weather conditions. External weights separate from the sign itself, such as sandbags, are not permitted. A maximum of 2 sign faces are allowed per sign. Sign faces can be separated if placed on a fence for sidewalk cafe. . I I., . II. I, r' ., n Hn orainances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. MVERABILITY, 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. S TION IV FFF .TIV DAT This Ordinance shall be in effect after its final passage, approval and publication, as provided,by law. Passed and approved this 7th day of April, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk r !ul- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4615, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 16, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. JA93K. Voparil Deputy City Clerk Printer's Fee $ �4 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, C�CroT" being duly sworn, say th t I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_!____ time(s), on the following date(s): L(-16-15 I on J-164, Uot Legal Clerk Subscribed and sworn to beforZZ_k2 day of 1 . Notary ub Ic ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/0412017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4615 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 364, Code of Iowa (2013), the City of Iowa City provides certain solid waste disposal services at the municipal landfill; and WHEREAS, it is in the public inter- est to increase certain fees and charges associated with said solid waste disposal services at the municipal landfill; and WHEREAS, the Iowa City City Council proposes to increase land- fill use fees for solid waste disposal by $4.00 per ton, and to increase the minimum solid waste disposal fee (160 pounds or less) by $.25 per load on July 1, 2015, to ade- quately finance municipal landfill operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENT Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by,: Changing the fee for the following items: Landfill user fees from $38.50 per ton to $42.50 per ton for Iowa City residents; from $43.50 per ton to $47.50 per ton for all oth- ers. The minimum fee for solid waste disposal (160 pounds or less) from $3.00 to $3.25 for Iowa City residents and from $3.25 to $3.50 for all others. SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III VE ARI ITv, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE. All rate changes will be effective July 1, 2015. Passed and approved this 7th day of April, 2015. s/Matthew J . Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC,8000049816 APRIL 16, 2015 � r .fir Re CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4616, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 30, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. Jul -ie --k. Voparil Deputy City Clerk OFFICIAL PUBLICATION S87°35'12'W, along said South ORDINANCE NO. 15-4616 line, 340.00 feet, to the AN ORDINANCE Southeast comer of a Tract of CONDITIONALLY REZONING Land described in the Warranty APPROXIMATELY 1.36 ACRES Deed, as recorded in Book LOCATED AT THE NORTHWEST 1146, at Page 59, in the Records CORNER OF MUSCATINE of the Johnson County AVENUE AND SCOTT Recorder's Office; Thence N01 BOULEVARD FROM LOW 130'01"W, along the East line of DENSITY SINGLE FAMILY said Warranty Deed, and its Printer's Fee $, 9 RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY Northerly extension thereof, 527.19 feet; Thence RESIDENTIAL (RM -12). N44°52'58"E, 80.43 feet; CERTIFICATE OF PUBLICATION (REZ14-00008) Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, WHEREAS, the applicant, 173.66 feet, along an arc of a STATE OF IOWA, Hieronymus Family Partnership, 150.00 foot radius curve, con - has requested a rezoning of prop- cave Northeasterly, whose erty located near the northwest 164.12 foot chord bears JOHNSON COUNTY, SS: corner of Muscatine Avenue and S78°17'00"E; Thence Scott Boulevard from Low Density Northeasterly, 90.67 feet, along THE IOWA CITY PRESS -CITIZEN Single Family Residential (RS -5) to an arc of a 150.00 foot radius Low Density Multi -Family curve, concave Southeasterly, Residential (RM -12); and whose 89.30 foot chord bears FED.ID#42-0330670 N85°52'01' -E; Thence WHEREAS, this 1.36 acres was S76°48'58"E, 13.77 feet, to a shown as right-of-way adjacent to point on the West line of Parcel I, an RM -12 zoned lot on the Terra "3" of the Ralston Creek South being duly sworn say th I am li Y , Y Verde Final Plat; and Property Acquisition Plat of Survey, as recorded in Plat Book the legal clerk of the IOWA CITY WHEREAS, in lieu of Terra Verde, 19, at Page 84, in said Records; °30'01 "E, the applicant has submitted Silver Thence S01 along PRESS -CITIZEN, a newspaper Slope, a new plat, showing a said West line, 33.29 feet; published in said county, p y changin to the street configuration g in this 1.36 acres being Thence S88°29'59"W, 279.96 feet; Thence S01°30'01"E, that a notice, a copy of multifamily ot�and the adjacent ; Thence 279.96 printed feet, to a point onsaid which is hereto attached, was West line of Parcel "3"; Thence WHEREAS, the existing RM -12 S01°30'01"E. along said West published in said paper zone to which this property is being line, 52.29 feet, to said POINT times on the following date(s): �, gZoning added is subject to the Conditional Agreement recorded at OF BEGINNING, containing 1.36 acres, more or less, and subject 3b 1 S Book 4723, Page 906-912 in the to easements and restrictions of records of the Johnson County record. Recorder's Office, requiring that SECTION II. ZONING MAP. The - sidewalks be installed adjacent to building official is hereby ai ho - Muscatine Avenue and Terrence rized and directed to change the Lane at the time Terrence Lane in zoning map of the City of Iowa City, Terra Verde is paved, and requiring Iowa, to conform to this amend - Legal Clerk that the multi -family buildings be constructed in substantial compli- final a enrovaP ance with a November 30, 2010 onof anon d publicatie pp p site plan and building elevations; ordinance as approved by law. Subscribed answorn to and SECTION 111, CONDITIONAL ZONING AGREEMENT. The mayor before rVe this da Of Y WHEREAS, a Conditional Zoning is hereby authorized and directed to sign, and the City Clerk attest, A'D' O�' Agreement is necessary to reflect the Conditional Zoning Agreement the change in the vacation of the Terra Verde final plat including between the property owner(s) and Terrance Lane to require that side- the City, following passage and Notary P walks be installed adjacent to approval of this Ordinance. Muscatine Avenue at the time SECTION IV. CERTIFICATION AND RECORDING. Upon passage ....�®. Silver Lane, the replacement street for Terrance Lane, is paved; and and approval of the Ordinance, the WHEREAS, the Planning and City Clerk is hereby authorized and Zoning Commission has reviewed directed to certify a copy of this ADAM JAMES KAHLE the proposed rezoning and has ordinance, and record the same in Commission Number 785381 recommended approval. the Office of the County Recorder, Johnson county, Iowa, at the My Commission Expires NOW, THEREFORE, BE IT ORDAINED BY THE CITY Owner's expense, upon the final passage, approval and publication 08104!2017 COUNCIL OF THE CITY OF IOWA of this ordinance, as provided by CITY, IOWA: law. SECTION V. REPEALER. All ordi- - - SECTION I APPROVAL. Subject to nances and parts of ordinances in the Conditional Zoning Agreement conflict with the provisions of this attached hereto and incorporated Ordinance are hereby repealed. herein, property described below is hereby reclassified from its current SECTION VI. SEVERABILITY. If any section, provision or part of the zoning designation of Low Density Ordinance shall be adjudged to be Single Family Residential (RS -5) to Invalid or unconstitutional, such Low Density Multi -Family adjudication shall not affect the Residential (RM -12): validity of the Ordinance as a whole or any section, provision or part Commencing at the East thereof not adjudged invalid or Quarter Corner of Section 13, unconstitutional. Township 79 North, Range 6 West, of the Fifth Principal SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect Meridian; Thence S8r35'12'W, after its final passage, approval and along the South line of the publication, as provided by law. Northeast One -Quarter of said Passed and approved this 21st Section 13, a distance of 50.00 day of April 2015 feet, to the POINT OF BEGINNING: Thence continuing s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinaf- ter "Owner"). WHEREAS, Owner is the legal title holder of approximately 1.36 acres of property located at north of Muscatine Avenue and west of Scott Boulevard; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single - Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and WHEREAS, the Planning and Zoning Commission has recom- mend approval of the rezoning of this property form RS -5 to RM 12; and WHEREAS, the existing RM -12 zone to which this property is being added is subject to the Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the Johnson County Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is paved, and requiring that the multi -family buildings be constructed in substantial compli- ance with a November 30, 2010 site plan and building elevations; and WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the vacation of the Terra Verde final plat including Terrance Lane to require that side- walks be installed adjacent to Muscatine Avenue at the time Silver Lane, the replacement street for Terrance Lane, is paved; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the , Comprehensive Plan and the need for pedestrian connections; and WHEREAS, the Owner agrees to develop this property in accor- dance with the terms and condi- tions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: Hieronymus Family Partnership, LLC is the legal title holder of the property legally described as: Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87°35'12"W, along the South line of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to the POINT OF BEGINNING; Thence continuing S87°35'12"W, along said South line, 340.00 feet, to the Southeast corner of a Tract of Land described in the Warranty Deed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County Recorder's Office; Thence N01 °30'01 "W, along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet; Thence N44°52'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, 173.66 feet, along an arc of a 150.00 foot radius curve, con- cave Northeasterly, whose 164.12 foot chord bears S78'1 7'00"E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve, concave Southeasterly, whose 89.30 foot chord bears N85'52'01 "E; Thence S76°48'58"E, 13.77 feet, to a point on the West line of Parcel"3" of the Ralston Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at Page 84, in said Records; Thence S01 °30'01"E, along said West line, 33.29 feet; Thence S88°29'59"W, 279.96 feet; Thence S01°30'01"E, 434.89; Thence' N88°23'07"E, 279.96 feet, to a point on said West line of Parcel "3"; Thence S01 °30'01"E. along said West line, 52.29 feet, to said POINT OF BEGINNING, containing 1.36 acres, more or less, and subject to easements and restrictions of record. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will con- form to all requirements of the zoning chapter, as well as the following condition: A sidewalk on the north side of Muscatine Avenue shall be extended from Juniper Drive to Scott Boulevard. Owner shall install said sidewalk concurrently with the construc- tion of the public improvements installed on property described above and in Ordinance 11-4422. The Conditional Zoning Agreement recorded at Book 4723, Page 906-912 is hereby amended as follows: The condi- tion stated in Paragraph 3(a) therein to install the sidewalk described above shall be required at the time the public improvements are installed on the property described in said agreement and rezoned accord- ing to Ordinance 11-4422. All other conditions of said agree- ment not amended herein shall remain in full force and effect. V\, S C v Ci 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redevel- oped, or subdivided, all redevel- opment will conform with the terms of this Conditional Zoning Agreement. 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. This agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 7. Nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. This Conditional Zoning Agreement shall be incorporat- ed by reference into the ordi- nance rezoning the subject property, and that upon adop- tion 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 21 st day of April, 2015 CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk OWNER: Hieronymus Family Partnership, LLC s/John A. Hieronymus April 30, 2015 Paeaoo 120 EMENIM r ®4 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX Www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4617, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 30, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. Ju ' . Voparil Deputy City Clerk Printer's Fee $��__ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 1, 5e,,- C.otb being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was s published in said paper time(s), on the followln date(s): 14 -2 -, cc) -I Legal Clerk Subscribed an sworn to before mp this 4day of NI A.D. 70 13— Notary lic ADAM JAMES KAHLER 2 Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4817 ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8- 1, ADMINISTRATIVE SERVICE, DEPARTMENTS00GANIZED: TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED POSITIONS. WHEREAS, restructuring within the City organization to realign the Landfill and Refuse divisions from the Public Works Department into the Transportation Services Department, creating the Transportation and Resource Management Department will result in name changes to depart- ments and the department head; and WHEREAS, during the City Council's budget work session, this realignment was identified as a way to enhance City operations; and WHEREAS, the City Manager rec- ommends this ordinance amend- ment to accurately reflect the names of departments and the titles of said department heads within the City and to extend the powers and duties of the former positions to the revised positions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENTS. A. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, is hereby amended by striking Department of transportation services and Director of trans- portation services and replacing with Department of transporta- tion and resource management and Director of transportation and resource management; B. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS, SECTION 1-8-11 ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, shall be further amended by adding the following provision at the end of Section 1-8-1. "After July 1, 2015, any reference to Director of transportation ser- vices shall mean the Director of transportation and resource management, with the latter having all of the powers and duties granted to the former under the provisions of this code." SECTION tl. RFPEeL E& AN 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. This Ordinance shall be effective upon publication. Passed and approved this 21 day of April, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerkz raaaoo "119 April 30, 2015 � r _IIIA vl W �� -•�.as._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4618, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of April, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 30, 2015. Dated at Iowa City, Iowa, this 14th day of May 2015. �. ie . Voparil Deputy City Clerk Printer's Fee ) D CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, �Q✓��a being duly s, the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper__._ time(s), on the following date(s): Legal Clerk Subscribed and sworn to before mehis day of 20 Imo. Notary ubl ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/0412017 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 15-4618 Manager or designee shall grant the ORDINANCE AMENDING TITLE 9, application and issue a permit if the ENTITLED "MOTOR VEHICLES AND requirements set forth in the TRAFFIC," CHAPTER 4, ENTITLED administrative rules have been met. "PARKING REGULATIONS," TO 5. The applicant may appeal the ESTABLISH PROVISIONS FOR denial in the same manner as mobile FOOD TRUCK VENDING ON CITY vending permits in Title 10. STREETS. 6. The City Manager or designee, or WHEREAS, in 2014 the City City Council if issued following an engaged in a pilot project for food appeal, may revoke a food truck truck vending; permit as provided in the WHEREAS, food truck vending administrative rules. A permittee should be allowed on City streets may appeal the revocation in the except in certain restricted areas, same manner as appealing the including the downtown area, issuance or denial of a permit. residential areas, and within 150 feet 7. The administrative rules may limit of any restaurant; and the number of permits granted. WHEREAS, it is in the City's best 8. Permits shall be issued for one interest to establish a permitting (1) year. system to allow food truck vending 9. The permittee shall not offer on City streets. tobacco or alcoholic beverages for NOW, THEREFORE, BE IT sale. ORDAINED BY THE CITY COUNCIL 10. The sale, transfer, or assignment OF THE CITY OF CITY, IOWA: of a permit is expressly prohibited. SECTION 1. AMENDMENTS. D. No person shall operate, and no 1. Title 9, entitled "Motor Vehicles permittee shall allow a food truck to and Traffic," Chapter 4, entitled be operated, on public right of way "Parking Regulations," is hereby in the following locations: amended to add a new Section 16, 1. Inside the Downtown Zone; entitled "Food Trucks" and will read 2. Within 150 feet of an entrance to as follows: a restaurant; A. Definitions 3. In a residential zone, as defined Downtown Zone. The areas in the Zoning Code; or illustrated on the map at the end of 4. In a loading zone. this section. Food Truck. A motorized The administrative rules may vehicle specially equipped to expand the areas where a food truck prepare and sell food items to the is prohibited from operating. general public. E. Notwithstanding any other Truck Permit. Written authorization provision in the code, a person may: by the City to operate a Food Truck 1. Operate a food truck in two on public right of way as provided in metered spaces if the parking this chapter meters for both spaces are Operate. To offer for sale food and operational. beverage items to the general 2. Operate for up to three (3) hours public; it does not mean either in a metered space with an loading or unloading food or established time period of two (2) beverage items in bulk or other hours or less if the meter is materials. operational, Restaurant. Restaurant as that term 3. Back a food truck into. and park is defined in Section 1 0-3-1 of this and operate it in an angled stall. code. F. Fees for food truck permits shall B. No person may operate a food be set by resolution of the City truck on public right of way without Council. a food truck permit as provided G. The City Manager is authorized herein. to establish administrative rules not C. Permit. inconsistent with any ordinance to 1. An application for a food truck carry out the provisions of this permit shall be filed with the City chapter. A copy of said rules shall be Manager or designee on a form on file with the City Clerk and provided by the City. available on the City's website. 2. The permit shall require the SECTION II. REPEALER. All permittee to pay on behalf of the ordinances and parts of ordinances City all sums which the City shall be in conflict with the provision of this obligated to pay by reason of any Ordinance are hereby repealed. liability imposed upon the City for SECTION IV SEVERABILITY. If any damages of any kind resulting from section, provision or part of the use of public property and the public Ordinance shall be adjudged to be right of way, whether sustained by invalid or unconstitutional, such any person or persons, caused by adjudication shall not affect the accident or otherwise and shall validity of the Ordinance as a whole defend at its own expense and on or any section, provision or part behalf of the City any claim against thereof not adjudged invalid or the City arising out of the use of unconstitutional. public property and the public right SECTION IV, EFFECTIVE DATE, of way. This Ordinance shall be in effect 3. The permit shall require the after its final passage, approval and permittee to obtain insurance in an publication, as provided by law. amount determined by the City's risk Passed and approved this 21st day manager. of April 2015. 4. The City Manager or designee s/Matthew J. Hayek, Mayor shall grant or deny the application Attest: s/Marian K. Kan, City Clerk for a permit in writing within thirty (30) calendar days after the vc-eoo wtie April 30, 2015 application being filed. The City cam- . \ S--- 1-4 k � '� m VQhk "DOWNTOWN ZONE" FOOD TRUCK RESTRICTED AREAS r =Z_a -4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4619, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of May, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 14, 2015. Dated at Iowa City, Iowa, this 18th day of June 2015. c Ju ie-*. Voparil Deputy City Clerk OFFICIAL PUBLICATION Thence S53°42'55"W, along said Ordinance No. 15-4819 Northerly Right -of -Way Line, 496.25 AN ORDINANCE CONDITIONALLY feet; Thence S57°59'36"W, along REZONING APPROXIMATELY said Northerly Right -of -Way Line, 4.26 ACRES OF PROPERTY 117.95 feet, to its intersection with LOCATED AT THE NORTHEAST the Easterly Right -of -Way Line of CORNER OF DUBUQUE RD AND said Dubuque Road; Thence N DODGE ST, FROM LOW N18°11'31"W, along said Easterly DENSITY SINGLE FAMILY Right -of -Way Line, 65.81 feet, to RESIDENTIAL (RS -5) TO MIXED the Southwest Corner of Lot 2 of USE (MU). (REZ15-00002) WHEREAS, the Applicant (Focus Jacob Ricord's Subdivision, in accordance with the Plat thereof Printer's Fee $ Commercial Real Estate, LLC) and Recorded in Deed Book 15, at Page Owner (Pleiades, LLC) have 146 of the Records of the Johnson CERTIFICATE OF PUBLICATION requested a rezoning of property County Recorder's Office; Thence °11'05"E, located at the north east corner of N01 along the East Line of Dubuque Rd and N Dodge St from said Lot 2, a distance of 334.60 STATE OF IOWA Low Density Single Family feet, to the Point of Beginning. Said Residential (RS -5) to Mixed Use Tract of Land contains 4.26 Acres, JOHNSON COUNTY SS: (MU); and and is subject to easements and restrictions of record. WHEREAS, the Comprehensive Plan, specifically the North District SECTION II. ZONING MAP. The THE IOWA CITY PRESS -CITIZEN Plan indicates that Mixed Use is building official is hereby authorized appropriate at the NE corner of and directed to change the zoning Dubuque Rd and N Dodge St; and map of the City of Iowa City, Iowa, FED.ID442-0330670 WHEREAS, the Planning and to conform to this amendment upon Zoning Commission has the the final passage, approval and CrUSb reviewed the proposed rezoning publication of the ordinance as (+ and determined that it complies approved by law. being duly sworn, say that I 41ITI with the Comprehensive Plan pro- SECTION Ill. ONA vided that it meets conditions NONDll ZONING emayor the legal clerk of the IOWA CITY addressing the need for additional is hereby authorized and directed to PRESS -CITIZEN, a newspaper landscaping on the west and north sign, and the City Clerk attest, the sides of the proposed parking area, Conditional Zoning Agreement published in said county, and and addressing the size of the park- between the property owner(s) and ing area through a limitation on the the City, following passage and that a notice, a printed copy of amount of parking that can be approval of this Ordinance. which is hereto attached Wd5 paved unless a need for additional parking can be demonstrated; and SECTION IV CERTIFICATION AND RECORDING. Upon passage and in said WHEREAS, Iowa Code §414.5 approval of the Ordinance, the City published paper--�— (2015) provides that the City of Iowa Clerk is hereby authorized and time(s), on the followin date(s): City may impose reasonable condi- directed to certify copy of this l- 1 �{ tions on granting an applicant's ordinance, and record the same in rezoning request, over and above the Office of the County Recorder, existing regulations, in order to sat- Johnson County, Iowa, at the _ isy public needs caused by the Owner's expense, upon the final requested change; and passage, approval and publication ---- -� WHEREAS, the owner and appli- of this ordinance, as provided by cant have agreed that the property law. shall be developed in accordance SECTION V REPEALER, All ordi- Le al Clerk g with the terms and conditions of the Zoning Agreement nances and parts of ordinances in Conditional conflict with the provisions of this attached hereto to ensure appropri- Ordinance are hereby repealed. Subscribed and Ofn t0 ate development in this area of the SECTION VI �SEVE ABILITY If any city. NOW, THEREFORE, BE IT section, provision or part of the before rlpe this day Of ORDAINED BY THE CITY COUNCIL Ordinance shall be adjudged to be invalid or unconstitutional, such ,(/' uA. . 2t) OF THE CITY OF IOWA CITY, IOWA: adjudication shall not affect the RECTION I APPROVAL. Subject to validity of the Ordinance as a whole the Conditional Zoning Agreement or any section, provision or part NotayULNC attached hereto and incorporated thereof not adjudged invalid or herein, property described below is unconstitutional. hereby reclassified from its current SECTION VII. EFFECTIVE DATE zoning designation of Low Density This Ordinance shall be in effect Single Family (RS -5) to Mixed Use after its final passage, approval and (MU): publication, as provided by law. ADAM JAMES KAHLER A PORTION OF THE SOUTHEAST OF THE NORTHWEST Passed and approved this 5th day QUARTER of May, 2015. X11 4` µ Commission Number 785381 QUARTER AND A PORTION OF s/Matthew J. Hayek, Mayor THE NORTHEAST QUARTER OF Attest: s/Marian K. Karr, City Clerk My Commission Expires THE SOUTHWEST QUARTER ALL CONDITIONAL ZONING 08/04/2017 OF SECTION 2, TOWNSHIP 79 RANGE 6 WEST, AGREEMENT NT is PRINCIPAL MERID ANE FIFTH, bet{IS weenthe City of Iowa City, Iowa, IOWA CITY, JOHNSON COUNTY, a municipal corporation (hereinafter IOWA, INCLUDING A PORTION OF "City"), Pleiades LLC (hereinafter LOTS 2 AND 3 OF JACOB "Owner"), and Focus Commercial RICORD'S SUBDIVISION, IN Real Estate LLC (hereinafter ACCORDANCE WITH THE PLAT "Applicant"). THEREOF RECORDED IN DEED WHEREAS, Owner is the legal title BOOK 15 AT PAGE 146 OF THE holder of approximately 4.26 acres RECORDS OF THE JOHNSON of property located at the north east COUNTY RECORDER'S OFFICE, corner of Dubuque Rd and N Dodge DESCRIBED AS FOLLOWS: St in Iowa City; and Beginning at the Southwest Comer WHEREAS, the Owner has of the Southeast Quarter of the requested the rezoning of said Northwest Quarter of Section 2, property from Low Density Single Township 79 North, Range 6 West, Family (RS -5) to Mixed Use (MU); of the Fifth Principal Meridian, Iowa and City, Johnson County, Iowa; Thence WHEREAS, Iowa Code §414.5 N18°00'31 "E, along the Centerline (2015) provides that the City of Iowa of Dubuque Road, 185.85 feet; City may impose reasonable condi- Thenpe S88°45'25"E, 301.21 feet; tions on granting an applicant's Thence S36°18'18"E. 261.91 feet, rezoning request, over and above to a Point on the Northerly Right -of- existing regulations, in order to sat - Way Line of Iowa Highway No. 1; isy public needs caused by the requested chanoe: and srrE CONCEPT LOT 1, PLEIADES FIRST ADDITION IOWACI1Y,MWA M iu.N�arE s 4MPNMfl4 �9JhEYCRS IinfilSENn. pift%'e � fNpf.O�d�SE] SITE CONCEPT LOT f, PLEIADES FIRST ADDITION IOWA cm JOHNSON COUNTY IOWA Mid CMULTAW$. M — W-08.15 r^�Xx>S �dll n. S53°42'55"W, along said WHEREAS, the Owner acknowl- Northerly Right -of -Way Line, 496.25 feet; Thence 3. The conditions contained here - edges that certain conditions and S57°59'36"W, along said in are reasonable conditions to restrictions are reasonable to Northerly Right -of -Way Line, impose on the land under Iowa ensure the e development of the 117.95 feet, to its intersection Code §414.5 (2015), and that property consistent with the Comprehensive Plan specifically with the Easterly Right -of -Way said conditions satisfy public the the need for additional landscaping a Line of said Dubuque Road; Thence N18°11'31"W, along needs that are caused by the requested zoning change. the west and north sides the said Easterly Right -of -Way 4. In the event the subject prop - Proposed parking area, and Line, 65.81 feet, to the erty is transferred, sold, rede- addressing the size of the parking Southwest Corner of Lot 2 of veloped, or subdivided, all area through a limitation on the Jacob Ricard's Subdivision, in redevelopment will conform amount of parking that can be accordance with the Plat there- with the terms of this paved unless a need for additional of Recorded in Deed Book 15, Conditional Zoning Agreement. parking can be demonstrated; and WHEREAS, the Planning and at Page 146 of the Records of 5. This Conditional Zoning Zoning Commission has deter- the Johnson County Recorder's Office; Thence N01°11'05"E, Agreement shall be deemed to be a covenant running with the mined that, with appropriate condi- along the East Line of said Lot land and with title to the land, tions regarding landscaping and the 2, a distance of 334.60 feet, to and shall remain in full force size of the proposed parking area, the Point of Beginning. Said and effect as a covenant with the requested zoning is consistent Tract of Land contains 4.26 title to the land, unless or until with the Comprehensive Plan; and NOW, THEREFORE, in consider- Acres, and is subject to ease- released of record by the City of ation of the mutual promises con- ments and restrictions of record. Iowa City. The parties further acknowledge that this agree- tained herein, the parties agree as 2. In consideration of the City's ment shall inure to the benefit follows: 1. Pleiades, LLC is the legal title rezoning the subject property, Owner and Applicant agree that of and bind all successors, rep - resentatives, and assigns of the holder of the property legally development of the subject parties. described as: A PORTION OF THE property will conform to all 6. Nothing in this Conditional SOUTHEAST QUARTER OF requirements of the zoning chapter, as well as the following Zoning Agreement shall be construed to relieve the Owner THE NORTHWEST QUARTER conditions: or Applicant from complying AND A PORTION OF THE A. Development shall be in with all other applicable local, NORTHEAST QUARTER OF THE SOUTHWEST QUARTER general conformance with state, and federal regulations. ALL OF SECTION 2, the site concept plan dated 7. This Conditional Zoning TOWNSHIP 79 NORTH, March 5, 2015 attached hereto and incorporated by Agreement shall be incorporat- ed by reference into the ordi- RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA reference herein. nance rezoning the subject CITY, JOHNSON COUNTY, B. Staff approval of a landscap- ing plan shall be required in property, and that upon adop- tion and publication of the ordi- IOWA, INCLUDING A PORTION OF LOTS 2 AND 3 OF JACOB conjunction with site plan nance, this agreement shall be RICORD'S SUBDIVISION, IN approval for Lot 1, Pleiades First Addition, in confor- recorded in the Johnson County Recorder's Office at the ACCORDANCE WITH THE PLAT THEREOF RECORDED IN mance with the attached site Applicant's expense. DEED BOOK 15 AT PAGE 146 concept plan, showing a Dated this 5th day of May, 2015 OF THE RECORDS OF THE minimum S3 screening along the west and north CITY OF IOWA CITY s/Matthew J. Hayek, Mayor JOHNSON COUNTY RECORDER'S OFFICE, sides of the parking area, a Attest: s/Marian K. Karr, City Clerk DESCRIBED AS FOLLOWS: minimum 15 foot setback FOCUS COMMERCIAL REAL L L C Beginning at the Southwest and berm separating the parking area from the ESTATE ACKl`OWLfDGEMENT: Corner of the Southeast Quarter of the Northwest Dubuque Rd right of way, % -- - ' ?J Quarter Section 2, Township and no parking stalls directly - -' North, Range 6 West, of the , opposite the RS -5 zone on the west side of Dubuque Jason Harder - Member Fi Fifth Principal Meridian, Iowa Rd. PLEIADES L L C City, Johnson County, Iowa; Thence N18°00'31 "E, along the C. Parking along the north and , ACKNOWLEDGMENT: Centerline of Dubuque Road, east sides of the parking u . 'ti, VLI��'�` 185.85 feet; Thence area, identified as `Phase 2� 4 S88°45'25"E, 301.21 feet; Parking' on the attached site concept plan, shall remain Mary Hitchcock - Member Thence S36118'18"E. 261-91 feet, to a Point on the Northerly unpaved unless approved by PC+000045M Right -of -Way Line of Iowa the City Manager, or desig- May 14, 2015 Highway No. 1; Thence nee, based on evidence of need. srrE CONCEPT LOT 1, PLEIADES FIRST ADDITION IOWACI1Y,MWA M iu.N�arE s 4MPNMfl4 �9JhEYCRS IinfilSENn. pift%'e � fNpf.O�d�SE] SITE CONCEPT LOT f, PLEIADES FIRST ADDITION IOWA cm JOHNSON COUNTY IOWA Mid CMULTAW$. M — W-08.15 r^�Xx>S �dll n. r ="'n-4 wr CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4620, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of May, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 28, 2015. Dated at Iowa City, Iowa, this 18th day of June 2015. C� J Voparil Deputy City Clerk Printer's Fee $_ aD_2 5 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID##42-0330670 fid.. Cro% being duly sworn, say that I �m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_____ time(s), on the following date(s): Legal Clerk Subscribed and sworn to !M;�� 2gdf Notary ub ADAM JAMES KAHLER OPA Dammiesion Number 788381 My Comminlan Uphill 01/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4620 ORDINANCE AMENDING TITLE 1, !ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENAL TV," AND TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," TO ELIMINATE THE DEFAULT PENAL TV OF JAIL TIME FOR UNSCHEDULED SIMPLE MISDEMEANORS AND ESTABLISH THE PENALTY FOR INDECENT EXPOSURE. WHEREAS, on April 3, 2015, the Iowa Supreme Court ruled in State v. Young (No. 13-0983) that the Iowa Constitution requires court appointed counsel for indigent defendants in simple misdemean- ors if the penalty includes the pos- sibility of jail time; WHEREAS, the penalty for many of the City's simple misdemeanors is a set fine (aka, a scheduled offense), but Section 1-4-1 B of the City Code provides that if the pen- alty is not specified in the ordi- nance, the penalty defaults to Iowa Code section 903.1 (1 )(a); WHEREAS, under Iowa Code sec- tion 903.1(1)(a), the fine for a sim- ple misdemeanor is "at least sixty- five dollars [$65.00] but not to exceed six -hundred twenty-five dollars [$625.00 and] [t]he court may also order imprisonment not to exceed thirty [30] days ... "; WHEREAS, the City Attorney's Office can only recall one instance in over twenty (20) years in which the City requested that a defendant be sentenced to jail and the offense was for indecent exposure in City Park, and in that case, the Court appointed the defendant an attor- ney; and WHEREAS, the appropriate default penalty for simple misde- meanors under the City Code should be a fine, but jail as a pen- alty for indecent exposure should remain a possibility; and WHEREAS, it is in the best inter- est of the City to adopt this ordi- nance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1, entitled "Violations; Criminal Penalty," Subsection B, is hereby amended by deleting the words "as set in Iowa Code section 903.1(1)(a), as amended" and inserting in lieu thereof the following: with a fine of at least sixty-five dollars ($65.00) but not to exceed six -hundred twenty-five dollars ($625.00). 2. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 6, entitled "Indecent Exposure," is hereby amended by adding a new Subsection Cas follows: The penalty for violation of this section is punishable by a penalty as set in Iowa Code section 903.1(1)(a), as amended. 3. This amendment shall apply to all simple misdemeanors issued on or after the effective date of this ordinance and all simple misde- meanors on file as of the effective date of this ordinance. SECTION Il. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of May, 2015. s/Matthew J. Hayek, Mayor Attest: r./Julie Voparil, Deputy City Clerk Pc-600oa5709 MAY 28,2015 ' r i ®4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4621, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of May, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 28, 2015. Dated at Iowa City, Iowa, this 18th day of June 2015. "�op K. VadI Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FEMIM42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): on Legal Clerk Subscribed and sworn to before me this S day of M off. Notaryubll ADAM JAMES KAHLER �1;# Commission Number 785381 �"�." My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4621 ORDINANCE AMENDING THE IOWA CITY CHARTER PREAMBLE, AND ARTICLE II (CITY COUNCIL) SECTION 2.06 (MAYOR), ARTICLE 111 (NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION) SECTION 3.01 (NOMINATION), ARTICLE IV (CITY MANAGER) SECTION 4.02 (ACCOUNTABILITY; REMOVAL), ARTICLE V (BOARDS, COMMISSIONS AND COMMITTEES), SECTION 5.01 (ESTABLISHMENT) AND SECTION 5.02 (APPOINTMENT; REMOVAL), ARTICLE VI (CAMPAIGN CONTRIBUTIONS AND EXPENDITURES) SECTION 6.03 (DEFINITION) AND ARTICLE VII (INITIATIVE AND REFERENDUM) AS RECOMMENDED BY THE CHARTER REVIEW COMMISSION. WHEREAS, the Iowa City Charter provides for the establishment of a Charter Review Commission at least once every ten (10) years; WHEREAS, on January 7, 2014 by resolution No. 14-9 the City Council established a nine {9) member Commission to review the Charter with a term beginning April 1, 2014 and ending no later than April 1, 2015; WHEREAS, the Chartdr Review Commission met twenty-five (25) times to review the Charter and held two public hearings and a public meeting with interactive discussion; WHEREAS, the Charter Review Commission submitted its recom- mendations to the Council by writ- ten report dated March 9, 2015; WHEREAS, the Charter requires that the City Council either adopt each Commission recommendation by ordinance or submit it to the vot- ers; and, WHEREAS, it is in the best interest of the City to adopt said recommen- dations by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTS, 1. The Preamble of the Charter is amended by deleting the entire pre- amble and substituting the following new preamble in lieu thereof: We, the people of Iowa City, Iowa, pursuant to the Constitution and statutes of the State of Iowa and the principle of self-determination, pro- claim that the government of Iowa City belongs to all its residents and all share the responsibility for it. We hereby adopt this Charter and con- fer upon it the full home rule powers of a charter city. By this action we adopt the following principles: 1. Resident participation on an inclusive basis in democratic self-government. 2. The provision of service relating to the health, safety, and wel- fare of its residents in a fair, equitable and efficient manner. 3. The conduct of city business in conformity with due process, equal protection under the laws, and those individual liber- ties protected by the Constitution of the United States, the State of Iowa, and local ordinances. 4. Civility by city employees in their interactions with the pub- lic. 2. Article II, entitled "City Council", Section 2.06, entitled "Mayor", sub- paragraph B is amended by deleting subparagraph B in its entirety and substituting the following new sub- paragraph B in lieu thereof: B. The mayor is a voting member of the council, the official representa- tive of the city, presiding officer of the council and its policy spokes- person. The mayor may add items to the City Council agenda. The mayor shall present to the city no later than February 28 an annual state of the city message. (Ord 95-3671, 3-28-1995) 3. Article III, entitled "Nomination, Primary Election and Regular Election", Section 3.01, entitled "Nomination" is amended by delet- ing Section 3.01 in its entirety and substituting the following new Section 3.01 in lieu thereof: Section 3.01. Nomination A. An eligible elector of a council district may become a candidate for a council district seat by filing with the Johnson County Commissioner of Elections a valid petition -request- ing that his or her name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless otherwise provided by state law, the petition must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city elec- tion, but not less than ten (10) per- sons. (Ord. 05-4152, 3-1-2005) B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the Johnson County Commissioner of Elections a petition requesting that the candidate's name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not more than eighty-five (85) days nor less than sixty-eight (68) days before the date of the election. Unless otherwise provided by state law, the petition must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. 85-3227, 3-12-1985) 4. Article IV, entitled "City Manager", Section 4.02, entitled "Accountability; Removal" is amended by deleting subparagraph A in its entirety and substituting the following new subparagraph A in lieu thereof: Section 4.02. Accountability; Removal. A. The city manager is under the direction and supervision of the council and holds office at its plea- sure. A city manager removed by the council is entitled to receive termination pay as provided by con- tract. 5. Article V, entitled "Boards, Commissions and 'Committees", Section 5.01, entitled "Establishment" is amended by deleting Section 5.01 in its entirety and substituting the following new Section 5.01 in lieu thereof: Section 5.01. Establishment. A. With the exception of the com- munity police review board, the council may establish boards in addition to those required by state law and shall specify the title, duties, length of term, qualifications of members and other appropriate matters. The council may reduce or increase a board's duties, transfer duties from one board to another or dissolve any board, except as oth- erwise provided by state law or this charter. B. There shall be a permanent com- munity police review board, which shall have vested in it the following minimum powers: 1. To hold at least one community forum each year for the purpose of hearing views on the policies, prac- tices, and procedures of the Iowa City police department; 2. To make recommendations regarding such policies, practices, and procedures to the city council; 3. To investigate claims of miscon- duct by sworn police officers and to issue 1ridependent reports of its findings to the city council; and 4. The authority to subpoena wit- nesses. (Res. 07-262, 8-31-2007) 6. Article 5, entitled "Boards, Commissions and Committees", Section 5.02, entitled "Appointment; Removal", is amended by replacing he word "citizens" with the word "residents". 7. Article VI, entitled "Campaign Contributions and Expenditures", Section 6.03, entitled "Definition", is amended by deleting "chapter 56" and substituting "chapter 68A" in lieu thereof. 8. Article VII, entitled "Initiative and Referendum", Section 7.01, entitled "General Provisions", Section 7.03, entitled "Petitions; Revocation of Signatures", Section 7.04, entitled "Procedure After Filing", Section 7.05, entitled "Action on Petitions", Section 7.06, entitled "Results of Election" and Section 7.07, entitled "Prohibition on Establishment of Stricter Conditions or Requirements", are amended by deleting said sections in their entire- ty and substituting the following new Sections 7.01, 7.03, 7.04, 7.05, 7.06 and 7.07 in lieu thereof: ARTICLE VII. INITIATIVE AND REFERENDUM Section 7.01. General Provisions. A. Authority. (1)Initiative. The eligible electors have the right to propose measures to the council and, if the council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election. (2)Referendum. The eligible electors have the right to require reconsid- eration by the council of an existing measure and, if the council fails to repeal such measure, to have it submitted to the voters at an elec- tion. (3)Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, how- ever designated, which (a) are of a permanent rather than temporary character and (b) include a proposi- tion enacting, amending or repeal- ing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by council. B. Limitations. (1)Subject Matter. The right of initia- tive and referendum shall not extend to any of the following: (a) Any measure of an executive or administrative nature. (b) The city budget. (c) The appropriation of money. (d) The levy of taxes or special assessments. (e) The issuance of general obliga- tion and revenue bonds. (f) The letting of contracts. (g) Salaries of city employees. (h) Any measure required to be enacted by state or federal law. (i) Amendments to this charter. 0) Amendments affecting the city zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps. (k) Public improvements subse- quent to city council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improve- ment, whichever occurs earlier. "Public improvement" shall mean any building or construction work. (2)Resubmission. No initiative or ref- erendum petition shall be filed with- in two years after the same measure or a measure substantially the same has been submitted to the voters at an election. (3)Council Repeal, Amendment And Reenactment. No measure pro- posed by initiative petition and adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to this article, may for two years there- after be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise. made in the original referendum petition. C. Construction. (1)Scope Of Power. It is intended that this article confer broad initia- tive and referendum powers upon the eligible electors of the city. (2)lnitiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing mea- sure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure. (3)Referendum. It is intended that.a referendum petition may repeal a measure in whole or in part. D. Effect Of Filing Petition. The filing of an initiative or referendum peti- tion does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by council pursuant to section 7.05(A) or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certi- fied. E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the city, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 05-4152, 3-1-2005) Section 7.03. Petitions; Revocation Of Signatures. A. Number Of Signatures. Initiative and referendum petitions must be signed by eligible electors equal in number to at least twenty-five per- cent (25%) of the number of per- sons who voted in the last regular city election, but such signatures of eligible electors shall be no fewer than three thousand six hundred. B. Form And Content. All papers of a petition prepared for filing must be substantially uniform in size and style and must be assembled as one instrument. Each person sign- ing shall provide, and the petition form shall provide space for, the signature, printed name, address of the person signing and the date the signature is executed. Petitions pre- pared for circulation must contain or have attached thereto throughout their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with the city clerk need have attached to it only one copy of the measure being proposed or referred. C. Affidavit Of Circulator. Each paper of a petition containing signa- tures must have attached to it when filed an affidavit executed by an eli- gible elector certifying: the number of signatures on the paper, that he or she personally circulated it, that all signatures were affixed in his or her presence, that he or she believes them to be genuine signatures of the persons whose names they pur- port to be and that each signer had an opportunity before signing to read the full text of the measure proposed or sought to be reconsid- ered. Any person filing a false affida- vit will be liable to criminal penalties as provided by state law. (Ord. 05-4152, 3-1-2005) D. Time For Filing Initiative Petitions. Signatures on an initiative petition must be secured and the petition filed within six months after the date the affidavit required under section 7.02(A) was filed. (Ord. 85-3227, 3-12-1985) E. Time For Filing Referendum Petitions. Referendum petitions may be filed within sixty days after final adoption by the council of the mea- sure sought to be reconsidered, or subsequently at any time more than two years after such final adoption. The signatures on a referendum petition must be secured during the sixty days after such final adoption; however, if the petition is filed more than two years after final adoption, the signatures must be secured within six months after the date the affidavit required under section 7.02(A) was filed. (Ord. 05-4152, 3-1-2005) F Revocation Of Signature. Prior to the time a petition is filed with the city clerk, a signatory may revoke his or her signature for any reason by filing with the city clerk a state- ment of his or her intent to revoke his or her signature. After a petition is filed a signatory may not revoke his or her signature. The city clerk shall cause to be prepared and have available to the public, forms suit- able for the revocation of petition signatures. (Ord. 85-3227, 3-12- 1985) Section 7.04. Procedure After Filing. A. Validity Of A Petition. A petition is valid if it contains the minimum required signatures by eligible elec- tors in the required form and with the required content and accompa- nied by the Affidavit of Circulator as set forth in Section 7.03. The peti- tion shall be examined by the city clerk before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of sig- natures it shall be considered invalid and returned to the petitioners. Petitions which have been accepted for filing are valid unless written objections are filed with the city clerk within five working days after the petition is received. B. Hearing On Objections; Objections Committee. Written objections timely filed with the city clerk shall be considered by an Objections Committee made un of C', 4 `Z� . ,S-.- Ltba1 e mayor and city clerk and one member of the council chosen by C. Ballot. Copies of the proposed or the council by ballot, and a majority referred measure shall be made decision shall be final. The hearing available to the qualified electors at on the objections shall be held with- the polls and shall be advertised at in ten days of receipt of the objec- the city's expense in the manner tions. required for "questions" in section council fails to adopt a proposed 376.5 of the Iowa Code. The subject C. Court Review. To the extent matter and purpose of the referred allowed by law, court review of the or proposed measure shall be indi- Objections Committee's actions cated on the ballot. (Ord. 05-4152, shall be by writ of certiorari. 3-1-2005) Section 7.05. Action On Petitions. Section 7.06. Results Of Election. A. Action By Council. When an ini- A. Initiative. If a majority of the tiative or referendum petition has qualified electors voting on a pro - been determined valid, the council posed initiative measure vote in its shall promptly consider the pro- favor, it shall be considered adopted posed initiative measure or recon- upon certification of the election sider the referred measure. If the results. The adopted measure shall council fails to adopt a proposed be treated in all respects in the initiative measure and fails to adopt same manner as measures of the a measure which is similar in sub- same kind adopted by the council, stance within sixty days, or if the except as provided in section ;ouncil fails to repeal the referred 7.01(8)(3). If conflicting measures measure within thirty days after the are approved by majority vote at the date the petition was finally deter- same election, the one receiving the mined valid, it shall submit the pro- greatest number of affirmative votes posed or referred measure to the shall prevail to the extent of such qualified electors of the city as here- conflict. inafter prescribed. If at any time more than thirty days before a B. Referendum. If a majority of the scheduled initiative or referendum qualifiedelectors voting on a election the council adopts the pro- referred measure vote in favor of posed initiative measure or adopts a repealing the measure, it shall be measure which is similar in sub- considered repealed upon certifica- stance or if the council repeals a tion of the election results. (Ord. referred measure, the initiative or 05-4152, 3-1-2005) referendum proceedings shall termi- nate and the proposed or referred Section 7.07. Prohibition On measure shall not be submitted to Establishment Of Stricter the voters. Conditions Or Requirements. B. Submission To Voters. The council shall not set, except by charter amendment, conditions or (1) Initiative. The vote of the city on requirements affecting initiative and a proposed measure shall be held at referendum. (Ord. 76-2792, 1 -2 - the regular city election or at the 1976) general election which next occurs more than forty days after the expi- SECTION II. REPEALER. All ordi- ration of the sixty day period pro- nECTI and arts of ordinances in P vided for consideration in section conflict with the provision of this 7.05(A), provided that the initiative Ordinance are hereby repealed. petition was filed no less than 80 SECTION III SEVERABILITY. If any days prior to the deadline imposed section, provision or part of the by state law for the submission of Ordinance shall be adjudged to be ballot questions to the commis- invalid or unconstitutional, such sioner of elections. adjudication shall not affect the validity of the Ordinance as a whole (2) Referendum. The vote of the city or any section, provision or part on a referred measure shall be held thereof not adjudged invalid or at the regular city election or at the unconstitutional. general election which next occurs SECTION IV EFFECTIVE DATE This more than forty days after the expi- Ordinance shall become effective ration of the thirty day period pro- after its final passage, approval and vided for reconsideration in section publication as required by law. 7.05(A), provided that the referen- dum petition was filed no less than PP y 50 days prior to the deadline of May, 2015. imposed by state law for the sub mission of ballot questions to the s/Matthew J. Hayek, Mayor Y Y commissioner of elections. The Attest: s/Julie Voparil, Deputy City council may provide fora 'special Clerk referendum election on a referred measure any time more than 120 May 28, 2015 days after the filing of the referen- dum petition with the city clerk. P =_..®' #; "mom' � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov. org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4622, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 11, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. JuIi K. Voparil Deputy City Clerk q �. \V� -�) " OFFICIAL PUBLICATION SECTION 11, ZONING MAP. The ORDINANCE NO. 15-4622 building official is hereby autho- AN ORDINANCE rized and directed to change the CONDITIONALLY REZONING zoning map of the City of Iowa City, 3.34 ACRES OF PROPERTY Iowa, to conform to this amend - LOCATED SOUTH OF COURT ment upon the final passage, STREET, WEST OF TAFT approval , and publication of the AVENUE FROM ordinance as approved by law. NEIGHBORHOOD COMMERCIAL SECTION III, CONDITIONAL a (CN -1) TO LOW DENSITY ZONING AGREEMENT. The mayor Printer's Fee $_ , _s' MULTI -FAMILY (RM -12). (REZ15- is hereby authorized and directed 00005) to sign, and the City Clerk attest, OF PUBLICATION WHEREAS, the applicant, the Conditional Zoning Agreement CERTIFICATE Arlington LC, has requested a between the property owner(s) and rezoning of property located south the City, following passage and STATE OF IOWA, of Court Street, west of Taft Avenue approval of this Ordinance. from Neighborhood Commercial SECTION IV, CERTIFICATION JOHNSON COUNTY, SS: (CN -1) Zone to Low Density Multi- AND RECORDING. Upon passage Family Residential (RM -12); and and approval of the Ordinance, the WHEREAS, the Southeast District City Clerk is hereby authorized and THE IOWA CITY PRESS -CITIZEN Plan, as amended, indicates that directed to certify a copy of this the subject property should be ordinance, and record the same in developed with a mix of duplex, the Office of the County Recorder, FED.ID#42-0330670 townhouse and low density multi- Johnson County, Iowa, at the family dwellings at a development density of B-13 dwelling units/acre Owner's expense, upon the final passage, approval and publication (, with dwelling units oriented toward of this ordinance, as provided by being duly sworn, say that I a the town square park and toward (SECTION the legal clerk of the IOWA CITY Court Street, Taft Avenue, and Huntington Drive with parking V. REPEALER. All ordi- nances and parts of ordinances in PRESS -CITIZEN, a newspaper located central to the lot and behind the buildings and screened conflict with the provisions of this Ordinance arebereby repealed: and to provide an attractive residential SECTION VI. SEVERABILITY. If published in said county, character to the streetscape; and any section, provision or part of the that a notice, a printed copy of WHEREAS, the Planning and Ordinance shall be adjudged to be which is hereto attached, Was Zoning Commission has reviewed the proposed rezoning and deter- invalid or unconstitutional, such adjudication shall not affect the mined that it complies with the validity of the Ordinance as a whole published in said paper Comprehensive Plan, provided the or any section, provision or part on the following date(s): property is developed in sybstan- thereof not adjudged invalid or time(s), tial compliance with the submitted unconstitutional. site plan, building types, and build- SECTION VII. EFFECTIVE DATE. ing elevations, and the design This Ordinance shall be in effect _-- review committee reviews and after its final passage, approval and approves the retaining wall design publication, as provided by law. --- and a landscaping plan to soften views of and reduce the perceived Passed and approved this 2nd height of the retaining wall and to day of June, 2015. screen parking areas from public Legal Clerk view; and s/Matthew J. Hayek, Mayor WHEREAS, Iowa Code §414.5 Attest: s/Marian K. Karr, City Clerk Subscribed and sworn to (2015) provides that the City of Iowa City may impose reasonable CONDITIONAL ZONING before me this of conditions on granting an appli- AGREEMENT __day L1�� D 20 1-1 T1:_-- cant's rezoning request, over and above existing regulations, in order THIS AGREEMENT is made to satisfy public needs caused by between the City of Iowa City, the requested change; and Iowa, a municipal corporation No r ublic y WHEREAS, the applicant/owner (hereinafter "City"), Arlington has agreed that the property shall Development, Inc. (hereinafter be developed in accordance with "Owner"). the terms and conditions of the Conditional Zoning Agreement WHEREAS, Owner is the legal title attached hereto, to satisfy public holder of approximately 3.34 acres needs caused by the requested of property located on Court Street ADAM JAMES KAHLER development to ensure appropriate development in this area of the city. between Huntington Drive and Taft Avenue in Iowa City; and Commission Number 785381 NOW, THEREFORE, BE IT ORDAINED BY THE CITY WHEREAS, the Applicant has `` My Commission COUNCIL THE CITY OF IOWA of said EX—hs CITY IOWA:F pr pertyd flromrezoniNeighborhood 08/04/2017 I APPROVAL. Subject to Commercial (CN -1) to Low Density the the Conditional Zoning Agreement Multi -Family Residential (RM -12); — attached hereto and incorporated and herein, property described below is hereby reclassified from its current WHEREAS, the Planning and zoning designation of Zoning Commission has deter - Neighborhood Commercial (CN -1) to Low Density Multi -Family mined that, with appropriate condi- Residential (RM -12): tions to ensure that there is an appropriate mix of low to medium LEGAL DESCRIPTION density housing types oriented LOT 1 OF WINDSOR RIDGE- toward the town square park and PART TWENTY TWO, IOWA CITY, surrounding streets with parking IOWA, IN ACCORDANCE WITH behind buildings and screened THE PLAT THEREOF RECORDED from view to ensure harmony and IN PLAT BOOK 55, AT PAGE 346, compatibility with the surrounding IN THE RECORDS OF THE neighborhood as illustrated in the JOHNSON COUNTY RECORDER'S submitted site plan, building types, OFFICEM CONTAINING 3.34 and building elevations; and that ACRES; AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. �, , _ (-+ ( -ate any retaining walls located along the street are attractively designed and landscaped, the requested rezoning is consistent with the Comprehensive Plan, as amended; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for a safe, attractive, and comfort- able environment for residential liv- ing and pedestrian activity along public streets. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the prop- erty legally described as follows: LOT 1 OF WINDSOR RIDGE -PART TWENTY TWO, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 55, AT PAGE 346, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE CONTAINING 3.34 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The Owner acknowledges that the City wishes to ensure con- formance to the principles of the Comprehensive Plan, including the Southeast District Plan, as amended, and the Owner intends to comply therewith. Further, the parties acknowl- edge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of the property: a) Substantial compliance with the submitted site plan, building types, and building elevations (attached hereto and incorporated herein); and b) Design Review approval of the retaining wall design and a landscaping plan to soften views of and reduce the per- ceived height of the retaining wall(s) and to screen parking areas from public view. Nq 4. Upon completion of the items specified in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient Release so that this Conditional Zoning Agreement will not con- stitute a cloud on the title to the property. The City reserves the right to enforce City ordinances that apply to the property. 5. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. In the event the subject property is transferred, sold, redevel- oped, or subdivided, all devel- opment will conform with the terms of this Conditional Zoning Agreement. 7. 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. 8. This agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 9. Nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 10. This Conditional Zoning Agreement shall be incorporat- ed by reference into the ordi- nance rezoning the subject property, and that upon adop- tion 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 2nd day of June, 2015 CITY OF IOWA CITY s/Matthew J. Hayek, Mayor. Attest: s/Marian K. Karr, City Clerk' s/John W. Moreland, Jr. By: Arlington Development, Inc. June 11, 2015 x.e0000/eae P Will CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4623, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 11, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. Ju . Voparil Deputy City Clerk Printer's Fee $ Q' .�;7) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I'Jbeing duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this I_day of c(I A.D. 20 Nota ublic ADAM JAMES KAHLER Commission Number 785381 ".o„�"-` My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO 15-4623 ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL," TO CHANGE THE REVIEW PROCESS FOR CITY COUNCIL MEMBERS AND THE MAYOR. SECTION I. PURPOSE. The pur- pose of this ordinance is to estab- lish a policy for further review of City Council compensation for the City of Iowa City, Iowa. Section II, AMENDMENT, Repealing Section 1-5-3(C) in its entirety and adding a new section to read as follows: C. Adjustment. Staff will adjust City Council compensation based on an annual ,adjust- ment for inflation. The annual. adjustment for -inflation will be equivalent to the cumulative annual percent change in the Consumer Price Index (CPI) -A II Urban Consumers (CPI -U), Midwest Region, All Items, using the third quarter ending September 30 of the prior year and September 30 of the cur- rent year. The calculated amount will be included in the annual budget for review by the City Council in each regu- lar election year in accordance with State Code. SECTION III, REPEALER. All other ordinances and parts of ordi- nances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IVV, SEVERABILITY, If any section, provision or part of the Ordinances shall- be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section provision or part thereof not adjudged invalid or unconstitutional. This ordinance shall be in effective on January 1, 2016. Passed and approved this 2nd day of June, 2015. ' s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -6000048049 June 11, 2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4624, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 18, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. ���►� .Q Julie'*. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, as published in said paper time(s), on the following date( R Legal Clerk Subscribed and sworn to before me this da of A. . 7 t y P is ADAM JADES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION OFFICIAL PUBLICATION Ordinance 15-4624 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.62 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF COLLEGE STREET AND GILBERT STREET, FROM PUBLIC (P-1) AND CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS DISTRICT (CB -10). (REZ15-00006) WHEREAS, the applicant, the City of Iowa City, has requested a rezon- ing of property located at the north- east corner of College Street and Gilbert Street from Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10) Zone; and WHEREAS, the City owns a majority of the property and has determined that the property is not needed for public use; and WHEREAS, the property is within one block of several public facili- ties, including City Hall, the Recreation Center, the Swan Parking Facility and Chauncey Swan Park and is within easy walk- ing distance df the Public library, Downtown Iowa City and the University of Iowa campus, fronts on a four -lane arterial street (Gilbert Street) and is served by multiple public transit routes; and WHEREAS, the property contains no residential properties, no historic properties, and is currently under- utilized for substandard storage uses and surface parking; and WHEREAS, . the IC2030 Comprehensive Plan Future Land Use Map identifies the property as appropriate for general commercial uses; and WHEREAS, the IC2030 Comprehensive Plan identifies the property as being in the Downtown Planning District; and WHEREAS, the IC2030 Comprehensive Plan acknowledges there is increasing demand for higher density urban housing and supports quality infill development, maintaining a strong, accessible and pedestrian -oriented downtown, compact and efficient develop- ment, and the construction of Class A Office spacein new mixed-use buildings; and WHEREAS, the CB -10 Zone is an appropriate zoning designation to encourage higher density, mixed use projects in the downtown area on property which is well -served by street access, public transit, side- walks and parking facilities; and WHEREAS, pursuant to Iowa Code§ 414.5, these public needs can be addressed through the imposition of certain conditions over and above the existing zoning code to limit the building height and massing, require certain on-site parking, and include Class A office space; and WHEREAS, the owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the ci OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Public (P-1) to Central Business District (CB - 10): Lots 5, 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa SECTION ILZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinanco are hereby repealed. SECTION .VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 8th day of June, 2015 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 the City of Iowa City and MidAmerican Energy Company (hereinafter "Owners"). WHEREAS, Owners are the legal title holder of approximately 0.62 acres of property located at the north east corner of College Street and Gilbert Street; and I A, Li (4-a C) 5 62 WHEREAS, the City of Iowa City has requested the rezoning of said property from Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10) Zone; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the Owners acknowl- edge that certain conditions and restrictions are reasonable to ensure the development of the property enhances the goals of the Comprehensive Plan specifically the need for Class A Office Space, on-site parking for residential uses, a mixed-use building, and step - backs in height at the third and fifth floors to minimize the impression of building height; and WHEREAS, the Owners agree to develop or sell this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. The City of Iowa City and MidAmerican Energy Company are the collective legal title holders of the property legally described as Lots 5 and 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa. The Owners acknowledge that the City wishes to ensure con- formance to the principles of the Comprehensive Plan. Further, the Owners acknowl- edge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that -develop- ment of the subject property will conform to all other require- ments of the zoning chapter, as well as the following condi- tions: a. Any building constructed there on shall be a mixed- use building no more than 15 stories in height; shall contain a minimum of two floors of Class A Office space; b. The building height shall step -back at the third and the fifth floors along the Gilbert Street frontage and at least 70 feet of the College Street frontage; c. All required parking for resi- dential uses being provided on-site; and d. The exterior building design shall be approved by the City's Design Review Committee prior to issuance of any building permit. 4. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners acknowledge that in the event the subject'prop- erty 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 agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and fed- eral regulations. 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 publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the City's expense. Dated this Znd day of June, 2015 CITY OF IOWA CITY — s/Matthew J. Hayek Mayor Attest: s/Marian K. Karr, City Clerk MIDAMERICAN ENERGY COMPANY By: s/Jeffery J. Gust Vice President, Compliance & Standards By: s/Paul J. Leighton Vice President & Corporate Secretary June 18, 2015 PC -6000046158 r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4625, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 18, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. Ju K. Voparil Deputy City Clerk Printer's Fee $_ip-, CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s Legal Clerk Subscribed and sworn to before me this R day of I A.D. 20 ADAM JAMES KAHLER Commission Number 785381 ..- My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4625 ORDINANCE VACATING PORTIONS OF PUBLIC ALLEY LOCATED IN BLOCK 43, ItTY OF IOWA CITY (VAC 15-00001) WHEREAS, the City o.low Cto ity has initiated an application vacate the western 160 feet of alley right-of-way in Block 43, City of Iowa City; and WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van Buren Street; and WHEREAS, The alley right of way is not used for general traffic or pedestrian circulation; and WHEREAS, Utility easement will be maintained for any private utili- ties using the alley right of way; and WHEREAS, The City of Iowa City owns the entire block except fo the MidAmerican Energy Parcel, which has access via a north -south access drive; and will retain WHEREAS, The City ownership of the alley and it will continue to function as a service and City vehicle acces drive unless and until it is conveyed as a part of conveyance of adjacent property to be approved by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SEAT'^"'"A Ar TION. The City of Iowa City hereby vacates that por- tion of public right-of-way described as follows: The Western 160 feet of the 20 -foot wide alley right of way in Block 43, City of Iowa City, subject to any existing utility easements for private utilities, including the right of ingress and egress for MidAmerican Energy Company. SFCTION II REPEALS& Ail of ordinances and part of ordinances in conflict with the provisions of this Ordinance arehereby repeYSFCTI edf any section, provision or party 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 EFFEGTIVF DATE. This Ordinance shall be in effect passage, after its final appsided by oval and publication, as pr law Passed and approved this 8th day of June, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC-60DDW157 June 18, 2015 r !nlOR, 'z ' owl CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4626, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 25, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. Ju -Re*. Voparil Deputy City Clerk Ll 17 Printer's Fee$5 ` CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 1, o being duly sworn, say that am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this Z f day of 2015 . Not Public ADAM JAMES KAHLER ,'901,, Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4626 AN ORDINANCE AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION FROM THE FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR HOSPITALS LOCATED IN THE COMMERCIAL OFFICE (CO -1) ZONE (REZ15-00009 WHEREAS, Prior to adoption of the new zoning code in 2005, there was a provision in the in the Zoning Code regarding hospitals located in the Commercial Office (CO -1) Zone that stated; "Hospitals which existed on August 7, 1962, shall be exempt from and may expand without compliance with the dimensional requirements."; and WHEREAS, due to this exemption Mercy Hospital, which is the only hospital in Iowa City that is subject to City zoning and is located in the CO -1 Zone, has constructed build- ings that exceed the floor area ratio (FAR) and height limitations in the CO -1 Zone; and WHEREAS, the 2005 zoning code amendments eliminated the exemption, but included FAR and height limitation language intended to accommodate future expansion of Mercy Hospital in a manner compatible with the surrounding lower scale neighborhood; WHEREAS, because existing hos- pital buildings are already noncon- forming with regard to FAR and height, the 2005 amended lan- guage unintentionally precludes Mercy Hospital from constructing buildings on its current surface parking lots; and WHEREAS, it is in the public inter- est to amend the zoning code to exempt hospitals from the FAR building bulk standards in the CO -1 zone, limit building height to 65 feet, and require certain step - backs for facades abutting or across the street to single-family residential zones; and WHEREAS, these amendments will allow reasonable redevelopment of hospital property into active build- ing space that is compatible in mass and scale to existing hospital buildings with upper story fa9ade step -backs to reduce the per- ceived height of buildings where the hospital abuts a single-family zone boundary; and WHEREAS, active building space will create a more pedestrian - friendly and efficient use of land than surface parking and since the hospital complex is well established in the neighborhood and facilities and activity associated with the hospi- tal are an expected part of life in the neighborhood; and WHEREAS, limiting the building height to 65 feet, in combination with upper story step -back for hos- pitals will provide an appropriate alternative to the current FAR limi- tation, such that it is reasonable to exempt hospitals in the CO -1 Zone from the FAR limitation in the zon- ing ordinance; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as fol- lows: A. Amend subparagraph 14 -2C -4C -1d, adjustments to maximum height standards for commercial properties, to add paragraph (4), as follows: (4) In the CO -1 Zone, Hospitals are exempt from the FAR limit and may exceed the height limit up to a maximum of 65 feet, pro- vided that along lot lines that abut or are across the street from a single family residential zone, building facades above the 3rd story shall be stepped back at least 20 feet from the 3rd story facade. This required upper story fa9ade step -back may be estab- lished at a lower story, provided that it is established at least 25 feet in height above grade. B. Delete footnote 3. in Table 2C -2(a), Dimensional Requirements for All Commercial Zones, Except the MU Zone, and substitute in lieu thereof: 3. Maximum FAR is 3, except for lots that abut or are across the street from a single family resi- dential zone, in which case the maximum FAR is 1. Hospitals are exempt from the FAR limit in the CO -1 Zone. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 16th day of June, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -5900005955 June 25, 2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4627, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of June, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 25, 2015. Dated at Iowa City, Iowa, this 7th day of July 2015. Ju ' . Voparil Deputy City Clerk Printer's Fee $.-1 Q_ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 1, Ciro% being duly sworn, say that am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the followindate(s): Legal Clerk Subscribed and sworn to before me this 2 day of D.20 1-5-. NolWy Pu lic ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION; ORDINANCE NO. 15-4627 AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8, CITIZENS POLICE REVIEW BOARD TO RENAME THE BOARD TO COMMUNITY POLICE REVIEW BOARD AND REMOVE OR REPLACE THE WORD "CITIZEN" IN ACCORDANCE WITH RECENT CHANGES TO THE CITY CHARTER. WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the Police Citizens Review Board ("PCRB") to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough, and accurate; and WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department as a whole, by having a review process for Police Department investigations into complaints; and WHEREAS, the PCRB was renamed the "Citizens Police Review Board" ("CPRB") in 2013 at the request of the Board and the Ad Hoc Diversity Committee; and WHEREAS, the Charter Review Commission reviewed the Charter and suggested changing the name to the "Community Police Review Board" t"CPRB') and removed ref- erences to "citizens"; and WHEREAS, the City Council adopted Ordinance 15-4621 approving the Charter Review Commission recommendations on May 19, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as fol- lows: A. Amending Section 8-8-1, "Creation of Police Citizens Review Board" by deleting said section in its entirety and sub- stituting the following in -lieu - thereof: 8-8-1: Creation of Community Police Review Board: As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city creates the community police review board (hereinafter "board"), subject to the duties and limited powers set forth herein. B. Amending Chapter 8, "Citizens Police Review Board", by replacing "Citizens Police Review Board" with "Community Police Review Board" wherever it appears in said Chapter. C. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection C, by removing the word "Citizens" and replacing it with the word "Persons". D. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection 0, by removing the word "citizens". E. Amending Section 8-8-7, "Duties of the Board; Complaint 'Review and General Duties:" subsection C(3), by removing the word "citizens". SECTION 11. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as' a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 16th day of June,2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -600000 66 June 25, 2015 r 011 41 Aft CITY OF IOWA CITY 410 East Washington Street Iowa Citv, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX WWW. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4628, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. Ju lI. Voparil Deputy City Clerk Printer's Fee $ 'ILI-17) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FE D.1 D#42-0330670 I, being duly sworn, say that I fim the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached was published in said paper_ time(s), on the followin date(s): sn �- Legal Clerk Subscribed and sworn to before me this Z day of s��L A.D.20TS ary ublic ADAM JAM KAHMA Commission Number 786381 lant My Commission Expires 0810412017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4628 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ALLOW A REDUCTION OF THE FRONT YARD SETBACK FOR CERTAIN PROPERTIES LOCATED ON BLAZING STAR DRIVE (REZ15-00011). WHEREAS, the applicant, Saddlebrook Meadows Development Inc., has requested an amendment to the previously approved OPD plan for the prop- erty located at Whispering Meadows Drive and Pinto Lane, in order to reduce the 20 foot front yard setback for four lots: Lot 43 to 13.91 feet, Lot 42 to 15.44 feet, Lot 41 to 16.96 feet, and Lot 40 to 18.48 feet; and WHEREAS, this amendment will allow the home on Lot 43 to main- tain its full front porch, maximizing the amount of usable outdoor space on the small lot; and WHEREAS, this amendment will permit the developer to stair -step the setbacks on the next three lots west of Lot 43, helping to maintain the character and uniformity of homes within the neighborhood, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SFC TION I APPROVAL The Amended OPD Site Development Plan for the property described below is approved: Lots 39, 40, 41, 42, 43, Saddlebrook Meadows Part 1, Iowa City, Iowa, in accordance with the plat thereof recorded in plat book 49, page 3, in the records of the Johnson County, Iowa Recorder's office. SECTION II, ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SFl TION IV REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SLCTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of July, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pca 00066M JULY 23,2015 r I �t VIII CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 3S6-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4629, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. \\ v Ju I . Voparil Deputy City Clerk 3b.S Printer's Fee $ S CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 li Salo, Clio being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): - ) - Z3- IT A Legal Clerk Subscribed and sworn to before me this day of �AD,0 115 . ary ublic ADAM JAMES KAHL.ER Commission Number 785381 a:p Mir commission Expires owy_"�I� 7 OFFICIAL PUBLICATION ORDINANCE NO. 154629 ORDINANCE REZONING APPROXIMATELY 12,000 SQUARE FEET FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 410 IOWA AVE. (REZ15-00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at 410 Iowa Ave from Central Business Service (CB -2) Zone to Central Business Support (CB -5) Zone; and WHEREAS, this rezoning is con- sistent with the CB -5 designation of other private properties in the 400 Block of Iowa Ave; and WHEREAS, the Comprehensive Plan Future Land Use Map identi- fies the north side of Iowa Ave as appropriate for mixed use develop- ment, and the CB -5 Zone allows a mix of uses; and WHEREAS, the Comprehensive Plan states that Iowa City is experi- encing increasing demand for high- er -density housing located in walk- able neighborhoods, especially those close to downtown and cam- pus; and WHEREAS, the purpose of the Central Business Support (CB -5) zone, as stated in the Zoning Ordinance, is to serve as a transi- tion between the intense land uses located in the Central Business District and adjoining areas; the 41 0 Iowa Ave property and adjacent properties on the 400 Block of Iowa Ave are in between the Central Business District and neighbor- hoods to the east; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recom- mends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of Central Business Service (CB -2) Zone to Central Business Support (CB -5) Zone Lot 6 of Block 45, City of Iowa City Original Town Plat, accord- ing to the plat thereof recorded in the records of the Johnson County, Iowa, Recorder's office. SECTION II ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDINGS. Upon passage and approval of the Ordinarice, 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 IVV, REPEALER, All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of July , 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC4=004MI JULY 23,2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.ICgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4630, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. \\ J . Voparil Deputy City Clerk NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement OFFICIAL PUBLICATION attached hereto and incorporated herein, property described below is ORDINANCE NO. 15-4630 hereby reclassified from its current AN ORDINANCE CONDITIONALLY zoning designation of Medium C I IC( REZONING 7.8 ACRES OF PROPERTY LOCATED ON THE Density Single -Family (RS -8) to Planned Development Overlay/ Printer's Fees • Jp� WEST SIDE OF MILLER AVE, Medium Density Single Family SOUTH OF BENTON STREET, (OPD -8): Lot 3 Ruppert Hills CERTIFICATE OF PUBLICATION FROM MEDIUM DENSITY Subdivision to Iowa City, Iowa, in SINGLE-FAMILY (RS -8) TO accordance with the plat thereof STATE OF IOWA, PLANNED DEVELOPMENT OVERLAY/MEDIUM DENSITY recorded in Plat Book 46, at page 47, in the records of the Johnson SINGE -FAMILY (OPD -8). County Recorder's Office, contain - JOHNSON COUNTY, SS: (REZ13-00010) ing 7.80 acres and subject to ease - WHEREAS, the applicant, Iowa City ments and restriction of record. Co -Housing, L.L.C. has requested a SECTION ll. ZONING MAP. The THE IOWA CITY PRESS -CITIZEN rezoning of 7.8 -acres of land located building official is hereby authorized on the west side of Miller Avenue and directed to change the zoning FED.ID#42-0330670 south of Benton Street from Medium map of the City of Iowa City, Iowa, to Density Single -Family (RS -8) to conform to this amendment upon L Planned Development Overlay/ the final passage, approval and pub - Medium Density Single Family lication of the ordinance as approved '�--- (OPD -8) to allow development of by law. being duly sworn, say that I a6 Prairie Hill, a 33 -unit co -housing SECTION III. CONDITIONAL the legal clerk of the IOWA CITY development; and WHEREAS, the proposed develop- ZONING AGREEMENT. The mayor is hereby authorized and directed to PRESS -CITIZEN, a newspaper ment is consistent with the City's sign, and the City_ Clerk attest, the efforts to provide a variety of hous- Conditional Zoning Agreement published in said county, and ing types within the neighborhood between the property owners) and that a notice, a printed copy of and are consistent with the intent of the OPD section of the code; and the City, following passage and approval of this Ordinance. which is hereto attached, Was WHEREAS, the applicant submit- ted a landscape and tree plan in SECTION IVV, CERTIFICATION AND RECORDING. Upon passage and published in said paper compliance with the code of ordi- approval of the Ordinance, the City nances, however, because the tree Clerk is hereby authorized and time(s), on the following date(s): plan involves planting a substantial directed to certify a copy of this number of plantings on City proper- ordinance, and record the same in the Office ty, including right-of-way, it is in the of the County Recorder, public interest to require review and Johnson County, Iowa, at the approval of the final landscaping Owner's expense, upon the final plan by the City Forester to ensure passage, approval and publication proper species diversity; and of this ordinance, as provided by WHEREAS, due to the proposed law• private street and stormwater man- SECTION V. REPEALER, ER All ordi- Legal Clerk agement facilities having the poten- nances and parts of ordinances in tial to drain onto adjacent properties conflict with the provisions of this and Miller Avenue, it is appropriate Ordinance are hereby repealed. Subscribed and sworn to to place a condition on the rezoning SECTION A. SEVERABILITY. If any before me this 23 day of to require that the design of this pri- vate infrastructure be reviewed and section, provision or part of the Ordinance shall be adjudged to be Jl� 20 15 approved by the City Engineer; and invalid or unconstitutional, such WHEREAS, due to the increased adjudication shall not affect the residential density allowed by this validity of the Ordinance as a whole rezoning, pedestrian access to or any section, provision or part Notary Public Benton Street along the subject thereof not adjudged invalid or Property and along the public unconstitutional. Benton Hill Park is an important SECTION VII. EFFECTIVE DATE component to realizing the compre- This Ordinance shall be in effect ���-•--� hensive plan goals for pedestrian- after its final passage, approval and friendly neighborhoods with side- publication, as provided by law. ADAM JAMES KAHLER walk connectivity; and WHEREAS, the Planning and Passed and approved this 15th day Commission Number 785381 Zoning Commission has the of July, 2015. iF reviewed the proposed rezoning and My Commission Expires determined that it complies with the s/Matthew J. Hayek, Mayor I Comprehensive Plan, provided that Attest: s/Marian K. Karr, City Clerk 08/04/2017 it meets conditions addressing the need for a city -approved storm CONDITIONAL ZONING water management plan, a city AGREEMENT approved landscape and tree THIS AGREEMENT is made replacement plan, and sidewalk between the City of Iowa City, Iowa, construction on Miller Street adja- a municipal corporation (hereinafter cent to Benton Hill Park; and "City"), and Iowa City Co -Housing, WHEREAS, Iowa Code §414.5 L.L.C. (hereinafter "Owner"). (2015) provides that the City of Iowa WHEREAS, Iowa City Co -Housing, City may impose reasonable condi- L.L.C. has requested a rezoning of tions on granting a rezoning request, 7.8 -acres of land located on the over and above existing regulations, west side of Miller Avenue south of in order to satisfy public needs Benton Street from Medium Density caused by the requested change; Single Family (RS -8) to Planned and Development Overlay/Medium WHEREAS, the owner and appli- Density Single Family (OPD -8) to cant have agreed that the property allow development of Prairie Hill, a shall be developed in accordance 33 -unit co -housing development; with the terms and conditions of the and Conditional Zoning Agreement WHEREAS, the proposed develop - attached hereto to ensure appropri- ment is consistent with the City's ate development in this area of the efforts to provide a variety of hous- city. ing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the applicant submit- ted a landscape and tree plan in 3. In consideration of the City's compliance with the code of ordi- rezoning the subject property, nances, however, because the tree Owner agrees that development of the subject property will con - plan involves planting a substantial form to all other requirements of number of plantings on City proper- the zoning chapter, as well the ty, including right-of-way, it is in the public interest to require review and o following conditions: approval of the final landscaping a. A landscaping and tree plan by the City Forester to ensure replacement plan shall be proper species diversity; and reviewed and approved by the WHEREAS, due to the proposed City Forester prior to issuance private street and stormwater man- of any building permit for any agement facilities having the poten- construction activity on the tial to drain onto adjacent properties property; and Miller Avenue, it is appropriate to place a condition on the rezoning b. Prior to issuance of any occu- to require that the design of this pri- vate infrastructure be reviewed and pancy, permit for any structure constructed on the subject approved by the City Engineer; and property, or a portion thereof, WHEREAS, due to the increased Owner shall design and con - residential density allowed by this struct a sidewalk along Lot 3 rezoning, pedestrian access to and Outlot A, Ruppert Hills Benton Street along the subject Subdivision, subject to a cost - property and along the public sharing agreement between Benton Hill Park is an important Owner and the City of Iowa component to realizing the compre- City wherein the City shall be hensive plan goals for pedestrian- responsible for the cost of friendly neighborhoods with side- constructing the sidewalk walk connectivity; and adjacent to Outlot A (Benton WHEREAS, the Planning and Zoning Commission has the Hill Park); and reviewed the proposed rezoning and c. Review and approval of con - determined that it complies with the struction drawings for the pri- Comprehensive Plan, provided that vate street and the storm it meets conditions addressing the water management facility by need for a city -approved storm the City Engineer, prior to the water management plan, a city final site plan approval. approved landscape and tree replacement plan, and sidewalk 4. The Owner and City acknowl- construction on Miller Street adja- edge that the conditions con- cent to Benton Hill Park; and WHEREAS, Iowa Code §414.5 tained herein are reasonable conditions to impose on the land (2015) provides that the City of Iowa under Iowa Code §414.5 (2015), City may impose reasonable condi- and that said conditions satisfy tions on granting a rezoning request, public needs that are caused by over and above existing regulations, the requested zoning change. in order to satisfy public needs caused by the requested change; 5. The Owner and City acknowl- and WHEREAS, the Owner acknowl- edge that in the event the sub - ject property is transferred, sold, edges that certain conditions and redeveloped, or subdivided, all restrictions are reasonable to ensure redevelopment will conform with the development of the property is the terms of this Conditional consistent with the Comprehensive Zoning Agreement. Plan and agrees to develop this property in accordance with the 6. The parties acknowledge that terms and conditions of this Conditional Zoning Agreement. this Conditional Zoning Agreement shall be deemed to NOW, THEREFORE, in consider- be a covenant running with the land and with title to the land, ation of the mutual promises con- and shall remain in full force and tained herein, the parties agree as ,effect as a covenant with title to follows: the land, unless or until released 1. Iowa City Co -Housing, L.L.C. is of record by the City of Iowa City. The parties further acknowledge the legal title holder of the prop- that this agreement shall inure to erty legally described as Lot 3 the benefit of and bind all suc- Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with cessors, representatives, and the plat thereof recorded in Plat assigns of the parties. Book 46, at page 47, in the 7. The Owner acknowledges that records of the Johnson County nothing in this Conditional Recorder's Office, containing Zoning Agreement shall be con - 7.80 acres and subject to ease- strued to relieve the Owner or ments and restriction of record. Applicant from complying with 2. The Owner acknowledges that all other applicable local, state, and federal regulations. the City wishes to ensure confor- mance to the principles of the Comprehensive Plan and that 8. The parties agree that this Conditional Zoning Agreement pursuant to Iowa Code §414.5 shall be incorporated by refer - (2015), the City may impose rea- sonable conditions on granting a ence into the ordinance rezoning the subject property, and that rezoning request, over and above the existing regulations, in upon adoption and publication of the ordinance, this agreement order to satisfy public needs shall be recorded in the Johnson caused by the requested change. County Recorder's Office at the Applicant's expense. Dated this 15th day of July, 2015. CIN OF IOWA CITY s/Matthew J. Hayek, Mayor s/Frank Delno Holland, III By: Member, Board of Managers ICCH, LLC PC -90000"M JULY 23,2015 . I r i ,, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4631, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. Ju Voparil Deputy City Clerk ORDINANCE NO. 154831 control methods, Appendix J, Existing Buildings And Structures, AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING are adopted. Additionally, the City further adopts, Section 103.6(1)(a) t CODE, BY ADOPTING THE INTERNATIONAL BUILDING of the Iowa Code (the Iowa State r ~� Printer's Fee $ OS CODE, 2015 EDITION, AND Electrical Code), Section 105.4(1 X a of the Iowa Code (the Iowa State a) ofMecthe Io , (p� INCLUDING APPENDIX K, INTERNATIONAL Code), and Section . CERTIFICATE OF PUBLICATION THE RESIDENTIAL CODE, 2015 EDITION, INCLUDING APPENDIX 105.4(1 )(a) of the Iowa Code (the Iowa State Plumbing Code). F AND APPENDIX J, AND Collective) y, they shall be known as the Iowa City building code or the STATE OF IOWA, PROVIDING FOR CERTAIN AMENDMENTS THEREOF; building code. Interpretations of JOHNSON COUNTY, SS: ADOPTING SECTION 103.6(1)(/) OF THE CODE OF IOWA (THE the building official may be guided by publications of the International STATE ELECTRICAL CODE) AND OF THE Code Council, Inc., or the Existing Building THE IOWA CITY PRESS-CITIZENSECTION 105.4(1)(A) CODE OF IOWA (THE STATE CodeIntern. PLUMBING AND MECHANICAL CODES); REPEALING CHAPTERS 17-1-2: Interpretation of Building 2, PLUMBING CODE, 3, ELECTRICAL CODE, ; 4, Code provisions: The provisions of this Code shall be held to be the for MECHANICAL CODE, 5, minimum requirements adopted being duly sworn, say that I arillBUILDINGS ABATEMENT OF DANGEROUS the protection of the health, safety and welfare of the residents of Iowa the legal clerk of the IOWA CITY CODE, AND 13, FUEL GAS CODE; AMENDING City. Any higher standards in the state statute or City ordin8nce shall PRESS -CITIZEN, a newspaper CHAPTER 12, ENTITLED APPEALS; AND AMENDING be applicable. 17-1-3: Amendments to Code: published in said county, and TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER The following sections of the 2015 that a notice, a printed copy of 1, ENTITLED NUISANCES; TO PROVIDEFORTHEPROTECTION edition of the international building code and 2015 edition of the inter- which is hereto attached, was OF THE HEALTH, WELFARE AND national residential code are as follows: SAFETY OF THE RESIDENTS OF amended IBC published in said paper IOWA CITY, IOWA. WHEREAS, the current building Section 101.1 of both the and I$S, Delete Section 101.1 of both time(s), on the following date(s): code is the 2009 edition of the the IBC and IRC and insert in lieu International Building Code (IBC) t hereof the following: Title. These regulations and the International Residential Code (IRC), and the City should shall be known the Building shall adopt the 2015 editions of those Code of Iowa City, hereinafter referred to as "this code." codes; WHEREAS, for purposes of unifor- throughout the State, the Section 105.2 of both the IBC and Delete Section 105.2 of both mity State Code has been amended to the BC and IRC and insert in lieu t he I Legal Clerk require all local jurisdictions to thereof the following: 105.2 Work Exempt from Permit. adopt the State Plumbing and Mechanical Codes by December A permit shall not be required for Subscribed and sworn to 31, 2016; the following: before me this day of WHEREAS, the fuel gas code isBuildino in the State Plumbing 1. One-story detached acces- \ Q, 2Q_T�. contained Code; soryand structures used as tool and storage sheds, playhous- WHEREAS, for uniformity in great- Johnson County area, the City es and similar uses, provided N ary Public er should adopt the State 'Electrical the floor area does not exceed 144 square feet provided the Code; WHEREAS, for more than ten structure is not located in a flood hazard area. years the City has enforced dan- buildings through its nui- 2. Fences not over 6 feet (1829 gerous sance code rather than Section m Oil h. 3.hderricks KAHI.ER 17-5 (Abatement of Dangerous Building Code) because utilizing 4. Retaining walls which are not over 4 feet (1219 mm) in MAMjAWAF� y r��p �ItIYN W ��pw476r the judicial system, rather than administrative process, is a better City, as well as height measured from the bot- 9 tom of the footing to the top of MA�MWAat IL k, forum both for the the building owner; and the wall, unless supporting a surcharge or impounding e�e�l fi+ WHEREAS, the purpose of this to for the protec- Class I, II or 111-A liquids. ordinance provide tion of the health, welfare and safe- 5. Water tanks supported _.--- -" -- ty of the residents of Iowa City, directly on grade if the capaci- ty does not exceed 5,000 gal- ----� --------=— Iowa. BE IT ORDAINED BY THE CITY Ions J1 925 Q and the ratio of height to diameter or width COUNCIL OF THE CITY OF IOWA does not exceed 2 to 1. ITYIO CITY, C, IO 6. Sidewalks and driveways N I. 1. Sections 17-1, 17-2, 17-3 and not more than 30 inches (762 mm) above grade and not over 17-4 of the Iowa City Code are hereby repealed and the following any basement or story below new Sections 17-1, 17-2, 17-3 and and which are not part of an 17-4 are enacted in lieu thereof. accessible route. 7. Painting, papering, tiling, 17-1-1: Codes Adopted: Subject to the following amendments, the carpeting, cabinets, counter 2015 edition of the international tops and similar finish work. building code (IBC) including 8. Temporary motion picture, television and theater stage Appendix K, electrical administra- tive process, and 2015 edition of sets and scenery. the international residential code 9. Prefabricated swimming pools which are less than 24 (IRC) including Appendix F, radon inches deep, do not exceed 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agri- cultural purposes and not including service systems. 11. Swings and other play- ground equipment accessory to detached one- and two- family dwellings. 12. Window awnings support- ed by an exterior wall which do not project more than 54 inch- es (1372 mm) from the exterior wall and do not require addi- tional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For structures regulated by the IRC the reapplication of shingles and roof sheathing provided: a. Less than 50% of the struc- tural sheathing is replaced and other structural alterations are not required. b. The structure is not in a Historic Preservation Overlay Zone or is not an Iowa City Historic Landmark. Note: Applying solid sheathing over space sheathing is not considered structural sheath- ing. 15. For structures regulated by the IRC reapplication of siding provided: The structure is not in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 16. For structures regulated by the IRC replacing windows provided: a. Replacement window(s) is in compliance with Appendix J. b. The structure is not in a Historic Preservation Overiay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 17. For structures regulated by the IRC replacing exterior doors, including garage doors, provided: a. Replacement door(s) is in compliance with Appendix J. b. They are not street facing doors in structure located in a Historic Preservation Overlay Zone or are not an Iowa City Historic Landmark. Note: screen and storm doors do not require a permit regard- less of the location. 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative light- ing. 4. Repair or replacement of current -carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of non -emer- gency over -current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experi- mental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or tele- vision stage sets. 11.. Portable heating; cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approv- al of equipment or make such equipment unsafe. 3. Portable -fuel -cell applianc- es that are not connected to a fixed piping system and are not interconnected to a power grid. 1. Portable heating appliances. 2. Portable ventilation appli- ances. 3. Portable cooling units. 4. Steam, hot- or chilled -water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approv- al of equipment or make such equipment unsafe. 6. Portable evaporative cook ers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable -fuel -cell applianc- es that are not connected to a fixed piping system and are not interconnected to a power grid. 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. P1 mThe .stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, how- ever, that the fixture or appli- ance is installed at the same location and it is not necessary to remove, replace, after, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a man- ner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sen- tence to the end as follows: In no case shall the permit be effective unless the work cov- ered by the permit has a docu- mented inspection every 6 months minimum and is com- pleted within 24 months of the date on which the original permit was issued. Section 105 8 of the IBC and R1 0510 of the IRC. Add two new Sections 105.8 and 105.8.1 to the IBC and R105.10 and R105.10.1 to the IRC as follows: 105.8(1 BC) R105.10(1 RC) Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any build- ing or structure. 2. For the removal of any por- tion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Cbnservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.8.1 (IBC) and R1 05.10.1 Requirements. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after the date an applica- tion has been properly filed and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and dangerous buildings shall be exempt from said notice and waiting require- ment. Se-"-- 105.9 of the IBC and Ri 0511 of the IRC. Add two new Sections 105.9 to the IBC and R105.11 to the IRC as follows: 105.9 (IBC) and R1 05.11 (IRC) Permittee: 1. An electrical, plumbing or mechanical permit may be issued to any person holding a valid master license for the respective trade as described in Section 17-11-1 E of the Iowa City Code, or to any com- pany who employs a duly licensed master in the respec- tive trade on a full-time basis IT 3, a Gb `l who supervises the work of the apprentice and or journeymen during the company's normal business hours. 2. An electrical, plumbing or mechanical permit may be issued to the owner of an existing owner occupied sin- gle-family dwelling, pursuant to a valid certificate of occu- pancy and used exclusively for residential purposes, to do any electrical work in connection with said dwelling and acces- sory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. Applicants for a homeowner's electrical permit shall pass the designated exam before a per- mit may be issued. 3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. Q -^eon 10510 of the IBC and Ri 0512 offhe IRC. Add two new Sections 105.10 to the IBC and R105.12 to the IRC as follows: 105.10 (IBC) and R105.12 (IRC) Insurance: Before any permit to perform electrical or plumbing work may be issued, the applicant shall have on file with the building offi- cial a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The city shall be named as additional insured. The policy shall also pro- vide for at least ten (10) days' notice by the insurer to the city of termination of the policy by the insured or insurer. Electrical per- mits issued under sections 105.9 (IBC) and R1 05.11 (ICR) 2 and 3 shall be exempted from this insur- ance requirement. _ _ �c..lYin 106 3 of >he IBC. Amend Section R107.3 of the IRC and Section 108.3 of the IBC as follows: R107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa State Electrical Code.". Sectlon 109 2 of the IBC. Delete Section R108.2 of the IRC and Section 109.2 of the IBC and insert in lieu thereof the following: R108.2 (IRC) 109.2 (IBC) Permit Fees and Valuations. The fee for any permit shall be as set forth in the permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the pro- visions of this Code shall be made by the Building Official. The value to be used in com- puting the building permit and building plan review fees shall be the total value of all con- struction work for which the permit is issued, as well as all finish work, painting, roofing, site grading, paving, landscap- ing, elevators, and other per- manent equipment. The value to be used in computing the value of construction for reports shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping, P levators, fire extinguisher sys- tems and other permanent equipment. Section R108.3 of the IRC and Section 109.3 of the IBC. Delete Section R108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the following: R1 08.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fif- teen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee speci- fied in Section R108.2 and 109.2 and are in addition to permit fees. Section R108. 5 of the IRC and Section 109.6 of the IBC: Delete Section R 108.5 in the INC and Section 109.6 of the IBC and insert in lieu thereof the following: R108.5 (IRC) 109.6 IBC Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or col- lected. The Building Official shall not authorize the refund- ing of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. Section R 108.6 of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of the IBC and insert in lieu thereof the following: R108.6 (IRC) 109.4 (IBC) Work commencing before permit issuance: Any person who commences work on a build- ing, structure. electrical, gas, mechanical or plumbing sys- tem before obtaining the nec- essary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be col- lected whether or not a permit is issued. The payment of such fee shall not exempt any per- son from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. Section R112 of the IRC and Sectlon 113 of the IBC. Delete Section R 112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: Section R112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. Section 202 of both the IBG and IBG. Add new definition as follows: Authority Having Jufisdiction. The organization, office, or individual responsible for approving equip- ment, materials, an installation, or a procedure. Section 202 of both the IBC and IHSS. Add new definition as follows: Chief Electrical Inspector. A build- ing inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Section 202 of both the ISC and IHS. Add new definition as follows: Electrical Inspector. A building inspector authorized to perform electrical inspections. Section 202 of both the IBC and IM Add new definition as follows: Family: See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Section 202 of both the IBC and Mg. Add new definition as follows: Emergency Communications Center. Shall mean the Johnson County Emergency Communications Center. Section 202 of the IBC and IRC Modify definitions as follows: Habitable space: Add a sen- tence to the end of the defini- tion of habitable space or room to read as follows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. Section R202 of the IRC, Delete definition of Accessory Structure and insert in lieu thereof the follow- ing: ACCESSORY STRUCTURE. See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Table R301.2 (1) of the IRC Modify by inserting data in the table as fol- lows: Ground Wind Desi n Seismic Snow Load Design Speed (mph) Topographic effects, Category Special wind region, or Wind-borne debris zone 25 115 No A Sub'ect to Dama a From Winter Design Ice- mer Underlayment Weathering Frost line Termite depth Temp Required Severe 42" Moderate -5°F Yes He Flood Hazards Air Freezing Index Mean Annual NFIP FIRM Maps Tem 5/22/77 2/16/07 1 2000 1 50° F Section R302.5.1 of the IRG. Delete Section R302.5.1 of the IRC and insert in lieu thereof the follow- ing: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inch- es (35 mm) in thickness, solid or honeycombcore steel doors not less than 1 3/8 inches (35 mm) thick, or 20 -minute fire - rated doors. Section R302.13 of the IRC Delete Section R302.13 of the IRC entirely. Section R304.1 of the IRC. Delete Section R304.1 of the IRC and insert in lieu thereof the following: R304.1 Minimum area. Habitable rooms shall have a floor area of not less than 70 square feet . Exception: Kitchens. Section R310.6 of the IRC. Delete Section R31 0.6 in the INC and insert in lieu thereof the following: R310.6 Alterations or repairs of basements in structures built after May 10, 1989. An emer- gency escape and rescue opening is not required where existing basements undergo alterations or repairs. Alterations or repairs in struc- tures built prior to May 10, 1989 shall conform to Appendix J Section AJ 102.4 Replacement windows. Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accor- dance with Section R31 0.1 . Section R312.2 of the IRC and 1015.8 of the IBC. Delete Section R312.2 of the IRC and 1015.8 of the IBC entirely. Section R313 of the IRC: Delete Section R313 of the IRC entirely. Section R320.2 of the IRC. Add Section R320.2 in the IRC as fol- lows: R320.2 Accessibility for projects other than those mentioned in Section R320.1. R 320.2.1 Scope. The provisions of this section are enacted to implement universal design fea- tures that provide accessibility, usability and visit -ability for all. R320.2.2 Definition. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involv- ing a City -funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; --go r•Y w ewr u u a MMWbpia'wn A'.14.xp"nMbYgw�MY. continued to next page 4. disbursement of federal or state construction funds The room shall have a minimum thirty inches (30") by forty-eight $.s: Must be wired for including a Community inches (48") clear floor space at power operated overhead Development Block Grant; or the water closet and lavatory. Section R= of the IRC. Delete 5. a City contract to provide The clear floor space can be section R322 of the IRC and insert funding or a financial benefit shared by both fixtures. The in lieu thereof the following: for housing. clear floor space shall not be R322. See Title 14 Chapter 5J R320.2.3 Applicability. The obstructed by a doorway swing. Flood Plain Management amendment applies to new one- The plans must show a shower, Standards in the City Code. and two-family dwellings and is bathtub or combination tub/ R322.1 Flood Resistive not required for new townhous- shower can be provided within Materials. Building materials es, accessory apartments or the room or an adjoining room and installation methods used existing structures for repairs, without removing part of the for flooring and interior and alterations, change of occupan- concrete floor to provide neces- exterior walls and wall cover- cy or additions unless the square footage of the addition is sary plumbing to the future plumbing fixture( s ). ings below the elevation required in Title 14 Chapter 5J more than 25% of the existing Exception: Flood Plain Management structure, then, the addition 1. If public funds are used a Standards in the City Code must comply. shower, bathtub or combination shall be flood damage-resis- Exception: Applies to new town- tub/shower shall be provided tant materials that conform to houses constructed using public within the room. the provisions of FEMA TB -2. funds. 2. Doors may swing into the Section R326 of the IRC. Delete The minimum usability require- clear floor space provided at any Section R326 of the IRC entirely. ments are as follows: 1 Step -leas Entrance: At least fixture if sufficient maneuvering space is provided within the bion R403.1.4.1 of the IRC. Modify by deleting all exceptions one building entrance must be room for a person using a and inserting in lieu thereof the fol - designed, without encroaching wheelchair or other mobility aid lowing: into any required parking space, to enter and close the door, use Exceptions: that complies with the Iowa City 1. One story detached acces- Building Code standard for an the fixtures, reopen the door and sory buildings of wood or steel accessible entrance on an accessible route served by a exit. Maneuvering space may include any knee space or toe frame construction not used for human occupancy and not ramp in accordance with section space available below bathroom exceeding one thousand R311.8 or a no -step entrance. fixtures. (1,000) square feet in floor area The accessible route must 3. The building official may may be constructed using slab extend from a vehicular drop- waive this requirement based on on grade construction as fol - off, or parking to a building the determination that strict lows. The slab shall be three entrance. The entry door must compliance is financially imprac- and one half inches thick, have a minimum net clear open- tical. poured monolithically with ing of thirty-two inches (32"). 4 Wail Reinforcement: Abath- thickened perimeter footings Exception: room must be provided with extending twelve inches (12") 1. If public funds are used the wood blocking installed within below finish grade and be step -less entrance must be pro- wall framing to support grab twelve inches (12") wide at the vided. bars as needed. The wood base. The top of the founda- 2. The building official may blocking, when measured to the tion shall not be less than six waive this requirement based center, will be located between inches (6") above finish grade. upon the determination that strict compliance is financially or thirty-three inches (33") and thirty-six inches (36 ") above the Reinforcement of the slab, including the thickened por- environmentally impractical. finished floor. The wood block- tion, shall be minimum 6x6 - Split -level and townhouse style ing must be located in all walls 10/10 welded wire mesh, #4 homes may be exempted. adjacent to and behind a toilet. deformed reinforcing bars at Note: Iowa City code only Exception: Backing is not twenty four inches (24") on requires one parking space for required behind pre-manufac- center each way or fiber mesh single family dwellings. doors: At I east one tured showers and bathtubs. reinforced concrete. 2. One-story wood or metal 2. Interior bedroom and one bathroom (if 5. Decks: All exterior decks and patios surfaces adjacent to the frame building not used for either a r e provided ) and all level served by the designed human occupancy and not other passage doorway header step -less entrance must be built over 200 square feet in floor widths, on the level served by within four inches (4") of the area may be constructed with the designed step -less entrance, must be framed to accommo- dwellings finish floor level. Decks shall be a minimum 50% walls supported on a wood foundation plate or "skids" date a minimum 38" clear rough the size of a patio that is served when approved by the building opening. The framing for the doorway width opening may be by level served by the designed official. 3. Decks not supported by the reduced to accommodate any step -less entrance. — a Switch and outlet reguire- structure need not be provided door size ments: All wall switches, con- with footings that extend Exception: trolling light fixtures, fans, all — below the frost line. 1. If public funds are used the temperature control devices and section 8404.1.1 of the IRC: minimum door clear opening all receptacles shall be located Amend Section 13404.1.1 of the shall be thirty-two inches (32") in an area between fifteen (15) IRC by adding x eption after when the door is open ninety degrees (90 ), measured and forty-eight (48) inches above finished floor. The height number 2 as follows: Exception: Foundation walls between the face of the door will be determined by measuring with unbalanced lateral forces and the opposite stop. from the finished floor to the created by finish grade, i.e. 2. Doors serving closets twenty- center of the device. When the walkout basements which are four inches (24") or less in depth control or receptacle placement exempt from the Iowa be need not be framed to 38" clear is prohibited by the height of the Architectural Act shall opening width. window or design feature, alter- designed by a licensed struc- tural engineer or constructed Note: A 34" door hung in the native locations may be in accordance with the Table standard manner provides an approved by the building official. R404.1 .1 (5) and diagram as acceptable 32" opening. 3. Sanitation facilities: There 7. Electrical panel reguire- ments: Electrical panels on the follows: must be at least one bathroom level of the dwelling to be containing a water closet (toilet) accessed by the designed step - and lavatory (sink) on the level of less entrance shall be located so the dwelling to be accessed by that the individual circuit break - the designed step -less entrance. ers are located between 15" and 54" above the floor. --go r•Y w ewr u u a MMWbpia'wn A'.14.xp"nMbYgw�MY. continued to next page continued from previous page Section R404.1.3 of the IRC. Modify Section R404.1.3 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a mini- mum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the cen- ter of the wall thickness. with one bar located within 14" of the top, one bar within 14" of the bottom and one bar locat- ed within 14" of the mid -height of the wall provided the wall height does not exceed eight feet (8'). Section 423.4 of the IBC. Delete Section 423.4 in its entirety and insert in lieu thereof the following: Group E occupancies. In areas where the shelter design wind speed for tornados is 250 MPH in accordance with Figure 304.2(1) of ICC 500, all new Group E occupancies shall have a storm shelter con- structed in accordance with ICC 500. The shelter shall be capable of housing the total occupant load of the Group E occupancy or as required by 661-301 of the Iowa State Building Code, whichever is more restrictive. Exceptions: 1. Group E day care facilities. 2. Group E occupancies accessory to places of reli- gious worship. 3. Buildings meeting the requirements for shelter design in ICC 500. 4. Portable buildings. Section 501.2 of the IBC M. Modify by inserting the following after the second sentence: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minium stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which, the premises is addressed. Section R703.2 of the IRC. Modify by deleting the last sentence in the paragraph. Section R807.1 of the IRC. Modify by adding a sentence at the end of the second paragraph as follows: The opening shall not be locat- ed in a closet, bathroom, mechanical room, laundry room, or similar room or loca- tion. Section 903.2.1.2 of the IBC IFl. Modify section 903.2.1.2 by adding a second paragraph as follows: Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupancy load of 100 or more that have an ASDL and there is a change in business owner- ship, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building offi- cial's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.8 of the IBC R. Add a new Section 903.2.1.8 as follows: Section 903.2.1.8. An auto- matic sprinkler system shall be provided throughout buildings and portions thereof used as new Group 8 occupancies with an ASDL or existing group 8 occupancy with a new (not a renewal) ASDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be pro- vided throughout the floor area where the new Group 8 occu- pancy with an ASDL or where the group 8 occupancy with a new ASDL is located, and in all floors between the Group 8 occupancy and the level of exit discharge. Section 9133-2.2 of the IBC r� Delete Section 903.2.2 of the 18C and replace with: 903.2.2 Group 8 ambulatory health care facilities. An auto- matic sprinkler system shall be installed throughout all fire areas containing a Group 8 ambulatory health care facility occupancy. Section 903.3.5.3 of the IBC IFl Add a new Section 903.3.5.3 in the 18C to read as follows: 903.3.5.3 Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. Section 903.4.2 of the IBC (Fl Delete Section 903.4.2 of the 18C and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire depart- ment connection between seven (7) and ten (10) feet in height above grade. The waterflow alarm device shall be activated by water flow equivalent to the flow of a sin- gle sprinkler of the smallest orifice size installed in the sys- tem. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.6 of the IBC R. Add a new Section 903.6 to the 18C to read as follows: 903.6 Zones. Automatic sprin- kler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor Section 9061 of the IBC (Q Delete the exception without sub- stitution. Section 906.3 of the IBC R. Add a sentence to the end of the sec- tion to read as follows: The minimum rating of any required portable fire extin- guisher for Class A, Class 8, or Class C hazard shall be 2-10 8 C Section 907.2 of the IBC If), Delete the section and replace with: 907.2 Where required -new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occu- pant notification in accordance with 907.5, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location -to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm sys- tems dedicated to elevator recall control and supervisory service. Section 907.2.1 of the IBC (Fl Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following excep- tions: EXCEPTION: 1) Except for Group A-2 occu- pancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/ manual fire alarm system shall be installed in Group A-2 occu- pancies with and occupant load of 200 or more. Activation of the fire alarm shall addition- ally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 of the IBC M. Modify by addlhg a sentence to the end of the first paragraph as fol- lows: New and existing educational occupancies shall have a mon- itored fire alarm system. Section 907.2.3 of the IBC M. Modify by adding, a 41 exception as follows: 4. Day care occupancies clas- sified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.112 of the IBC Modify by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclo- sures in Groups R-2, R-4 and 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such 1�) (Y� a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.4.2 of the IBC. Modify by adding a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code -offi- cial is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.4 of the IBC t . Modify by deleting the exception and inserting in lieu thereof the fol- lowing exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occu- pied floor. Section 907.6.4.3 of the IBC rn Add a section to read as follows: Section 907 .6.4.3 Zone and address location labeling. Fire alarm and/or annunciator pan- els shall have all zones and address points plainly and per- manently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.6 of the IBC M. Modify Section 907.6.6 by adding two sentences to the end as fol- lows: Each address point identifica- tion, shall have an alpha/ numeric descriptor location. Alpha/numeric descriptor loca- tions are required to be report- ed to the Emergency Communications Center upon activation of supervisory and/ or alarm conditions as speci- fied by the fire code official. Section 910.2 of the IBC IFl Delete exception 2 without substi- tution. Section 910.3.2.2 of the IBC M. Delete Section 910.3.2.2 and replace with: 910.3.2.2 Sprinklered build- ings. Where installed in build- ings provided with an approved automatic sprinkler system,. smoke and heat vents shall be designed to operate automati- cally by actuation of a heat - responsive device rated at least 100 degrees F (38 degrees C) above the operat- ing temperature of the sprin- kler. Exception: Gravity -operated drop-out vents complying with Section 91 0.3.2.1 . Section 910.4.3 of the IBC Ifl Delete section 910.4.3 in its entire- ty and replace with: 910.4.3 Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. Section 912.6 of the IBC (Fl. Add a new section 912.6 to the IBC to read as follows: 912.6 Size. Minimum fire �s- Lit 03 k department connection size shall be 21'2 inch National Standard Thread. Section 912.7 of the IBC I& Add a new section 912.7 to the IBC to read as follows: 912.7 Water supply. Fire department connections shall be located not more than 100 feet from a hydrant and both the fire department connection and hydrant shall be located on the same side of the fire department access or as approved by the fire code offi- cial. Section 1011.3 of the IBC. Modify by adding a third exception as fol- lows: EXCEPTION: 3. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to 8/28/02 (adop- tion of the 2000 IRC) are per- mitted a 78 -inch (6'-6") head- room clearance. Section 1015.8 of the IBC. Delete Section 1015.8 of the IBC entirely. Section 1023.4 of the IBC. Modify Section 1023.4 by adding a fourth unnumbered paragraph as follows: Fire door assemblies that pro- vide access to a non -pressur- ized interior exit of R-2 occu- pancies shall also be automat- ic closing by actuation of a smoke detector. Stiction 1029.2 of the IBC (f). Modify by adding two new excep- tions as follows: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load Section 10301 of the IS Modify by deleting the exceptions and inserting in lieu thereof the follow- ing: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. Regardless of what Tables 1006.3.2(1) and 1 006.3.2(2) allow, all group R-2 occupan- cies other than hotels and motels must be provided with emergency escape & rescue openings. 3. Emergency escape and res- cue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. Section 1030.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. Section 1030.6 of the IBC. Add a new Section 1030.6 to the IBC to read as follows: Section 1 030.6. Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court. Chanter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Energy Efficiency, Section N1101. Energy effi- ciency for the design and con- struction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or por- tions of buildings shall be accessible to persons with dis- abilities as required by 661- 302 bf the Iowa State Administrative Code. Section 1209.2 of the IBC. Modify by adding a second unnumbered paragraph as follows: 1209.2 Attic spaces. The opening shall be located in a corridor, hallway, or other read- ily accessible location. The opening shall not be located in a closet, bathroom, mechani- cal room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following: Chapter 13 Energy Efficiency, Section 1301. Energy efficien- cy for the design and con- struction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Section 1403.6 and 1403.7 of the IBC. Delete Sections 1403.6 and 1403.7 of the IBC and insert in lieu thereof the following: Section 1403.6. See Title 14, Chapter 5, Article J Flood Plain Management Standards in the City Code. Section 1612 of the IBC. Delete Section 1612 of the IBC and insert in lieu thereof the following: Section 1612. See Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. Section 02406.2 1303.31 of the ($¢, Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. -tion G2415.3 (404.3) of the ffLQ, Prohibited locations of the IRC. Modify by deleting the last sentence. Part VII Plumbing. Chapters 25 throuoh 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing sys- tems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall com- ply with the Iowa State Electrical Code. Administrative Provisions. The Electrical Code shall be admin- istered in accordance with administrative provisions in chapter 1 of this code as amended and Appendix K as amended. Chapter 28 of the IBC. Delete chapter 28 of the IBC and insert the following: Chapter 28 Mechanical Systems Section 2801.1 Scope. Mechanical systems shall comply the Iowa State Mechanical Code with the fol- lowing amendments:. Administrative Provisions. The Mechanical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Commercial Kitchen Hood Exhaust Termination: In addition to the code require- ments for commercial kitchen hood exhaust terminations locations, the following shall apply: For new construction, change in occupancy or change in use, that requires a new commer- cial kitchen hood or revisions to an existing commercial kitchen hood, the new or exist- ing commercial kitchen hood exhaust duct shall terminate as follows: 1. Above the roof level without passing through an exterior wall; or 2. Through an alley facing exterior wall provided the ter- mination is above the roof level; or 3. To an alley right of way per 3202.3.2 of the International Building Code. Chanter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall com- ply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Section 3002.4 of the IBC. Delete Section 3002.4 of the tBC and insert in lieu thereof the following: 3002.4 Elevator car to accom- modate ambulance stretcher. In buildings four or more sto- ries above, or four or more stories below, grade plane, at least one elevator shall be pro- vided for fire department emer- gency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inch- es (610 mm by 2134 mm) with not less than 5 -inch (127 mm) radius corners, in the horizon- tal, open position and shall be identified by the international symbol for emergency medical services (star of life). The sym- bol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. Part VIII Electrical. Chapters 34 throuoh 43 inclusive of the IRC. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 34 Section E3401 GENERAL E3401.1 Applicability. Electrical systems shall comply with the Iowa State Electrical Code. (Appendix K of the IBC.) Section K103.2 of the IBC. Work exempt from permit. Delete Section K103.2 in the IBC and insert in lieu thereof the following: Section K103.2 Work exempt from permit. See section 105.2 in both the IRC and IBC. Section K106.5 of the IBG. Add a new Section K106. 5 as follows: Section K1 06.5 Energy Connections; An electrical sys- tem or equipment regulated by this code for which a permit is required shall not be connect- ed to a source of energy or power until approved by the building official. Section K106.6 of the IBC. Add a new Section K106. 6 as follows: Section K106. 6 Temporary Energy Connections. The building official may authorize the temporary connection of the electrical system or equip- ment to the source of energy or power for the purpose of test- ing the equipment, or for use under a, temporary certificate of occupancy. (Appendix J of the IRC. ) Section AJ1 02.4 of the IRC. Delete Section AJ1 02 .4 of the IRC and insert in lieu thereof the follow- ing: AJ1 02.4 Replacement win- dows and doors. Regardless of the category of work, where an existing window or door, including the sash and glazed portion, or safety glazing is replaced, the replacement win- dow, door or safety glazing shall comply with the require- ments of Sections AJ102.4.1 through AJ102.4.3, as appli- cable. Section AJ1 02.4.1 of the IRC. Delete Section AJ1 02.4.1 of the IRC and insert in lieu thereof the following: AJ102.4.1 Energy efficiency. Replacement windows or doors shall comply with the requirements of Chapter 11. Section W102.4.4 of the IRC. Delete Section AJ102.4.4 of the IRC entirely. Section AJ501.7 of the IRC. Delete Section AJ501. 7 and insert in lieu thereof the follow- ing: AJ501.7 Ceiling height. Habitable spaces created in existing basements or attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. Section AJ50181 of the IRC. Delete Section AJ501.8.1 of the IRC and insert in lieu thereof the following: AJ501.8.1 Stair width. Existing basement and attic stairs and handrails not otherwise being altered or modified shall be permitted to maintain their cur- rent clear width at, above and below existing handrails. Section AJ501 8 2 of the IRC. Delete Section AJ501.8.2 of the IRC and insert in lieu thereof the following: AJ501.8.2 Stair headroom. Headroom height- on existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway or attic finished head- room. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current finished headroom. Section AJ601113 of the IRC. Delete Section AJ501.8.3 of the IRC and insert in lieu thereof the following: AJ501.8.3 Stair landing. Landings serving existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. Section AJ6014 of the IRC. Delete Section AJ601.4 of the IRC and insert in lieu thereof the follow- ing: AJ601.4 Ceiling height. Habitable spaces created in existing basements and attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. 17-1-4: Penalties for violations: Violation of this chapter shall be a municipal infraction pun- ishable by a penalty as pro- vided for in subsection 1-4-21) of the City Code. 2.Title 17, entitled Building and Housing, Chapter 2, entitled Plumbing Code, Chapter 3, entitled Electrical Code, Chapter 4, entitled Mechanical Code, Chapter 6, entitled Abatement of Dangerous Buildings Code, and Chapter 13, entitled Fuel Gas Code, are repealed in their entirety. 3.Title 17, entitled Building and Housing , Chapter 12 , entitled Appeals, Section 2, entitled Appeals Procedure, is amend- ed by deleting the words "plumbing code, electrical code, mechanical code" from Subsections A and C. 4. Except as provided herein, any reference to the "Plumbing Code," the "Electrical Code," or the "Mechanical Code" is deleted and replaced with "Building Code." 5. Title 6, entitled Public Health and Safety, Chapter 1, entitled Nuisances, Section 1, entitled Definitions, is amended by deleting the definition of "dan- gerous building or structure" and substituting in lieu thereof the following new definition: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, pro- vided that such conditions or defects exist to the extent that the life,health, property or safety of the public or its occu- pants are endangered. 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of suffi- cient width or size oris not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking sur- face of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion there- of has been damaged by fire, earthquake, wind, flood or by any other cause,to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum require- ments of the Building Code for new buildings of similar struc- ture, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dis- lodged, or to collapse and thereby injure persons or dam- age property. 6. Whenever any portion of a building, or any member, appurtenance or ornamenta- tion on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of sim- ilar structure, purpose or loca- tion without exceeding the working stresses permitted in the Building Code for such buildings. 7. Whenever any portion there- of has wracked, warped, buck- led or settled to such an extert that walls or other structural. portions have materially less resistance to winds or earth- quakes than is required in the case of similar new construc- tion. 8. Whenever the building or structure, or any portion there- of, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instabil- ity of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely col- lapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 10. Whenever the exterior walls or other vertical structur- al members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 11 . Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deteriora- tion of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. 12. Whenever the building or structure has been so dam- aged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nui- sance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort there- to for the purpose of commit- ting unlawful or immoral acts. 13. Whenever any building or structure has been construct- ed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulation, as speck fied in the Building Code or Housing Code, or of any law or ordinance of this state or juris- diction relating to the condi- tion, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinanc- es, has in any nonsupporting part, member or portion less than 50 percent, or in any sup- porting part, member or por- tion less than 66 percent of the (i) strength, (ii) fire -resisting qualities or characteristics, or (iii) weather -resisting qualities or characteristics required by law in the case of a newly con- structed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate mainte- nance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official officer to be unsanitary, unfit for human habitation or in such a condi- tion that is likely to cause sick- ness or disease. 16. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inade- quate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas con- nections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nui- sance known to the common law or in equity jurisprudence. 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is aban- doned for a period in excess of six months so as to constitute such building or portion there- of an attractive nuisance or hazard to the public. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval and publication as provided by law. Passed and approved this 15th day of July, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC.80DO046M July 23, 2015 r ul :I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4632, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. Ju ' Voparil Deputy City Clerk Printer's Fee $ A`1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, C� ---- being duly sworn, say that I a n— the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this 23 day of Notary Public ADAM JAMES KAHLER C ommission Number 785381 My Commission Expires p8/0412017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4d32 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE CODE, BY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES 1N THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 5LQTION 1 AM NDM NT 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) COPY of which is on file in the office of the City Clerk of the City of Iowa City, being marked and desigrfated as the International Fire Code, 2015 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, I, J, and K as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards aris- ing from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the occupancy of buildings and premises as herein provided, Providing for the issuance of per- mits and each, and all of the regula- tions, provisions, penalties, condi- tions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, Prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entire- ty and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. EXCEPTION: Single business occupancies in single story non - abutting buildings. Section 104.1 .1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police investigators upon being certified by the Iowa Law Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordi- nances and state. statutes. Notwithstanding his/her status as a peace officer, a fire/police investiga- tor shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped, or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an opera- tional permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved con- struction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1-4-20. Each day that a violation continues after due notice has been served shall be -deemed a separate offense. Section 111.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chiefs authorized representative. Section 202 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd manage- ment meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications Center. Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9-4-13 for additional rules and regulations. Section 202 Delete the existing R-4 definition and substitute the fol- lowing: R-4 Residential occupan- cies shall include buildings arranged for occupancy as residential care/ assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3, except as oth- erwise provided for in that code. Section 307 See also 6-6 of this Code. Section 307.1.1 Delete the section and replace with:. Prohibited bum-. ing. Burning ttiiiiii; is offensive or objectionable bIlIUse of smoke or odor emissions br°when atmospher- ic conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of opera- tion. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 307.3 Delete the section and replace with: Extinguishment authority. The fire official is autho- rized to order the extinguishment by the responsible person or the fire department of any burning that cre- ates or adds to a hazardous or objectionable situation. Section 315.3 Add a sentence to the end of the section to read as follows: Combustible material stor- age shall be confined to approved storage areas, such that the pres- ence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacua- tion. Upon activation of the building fire alarm system or upon notifica- tion by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. EXCEPTION: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd manage- ment meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.4 Add a new section to read as follows: A-2 Occupancy Crowd Managers. Group A-2 occu- pancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reach- es 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire 'code official in crowd management tech- niques. Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occu- pancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifi- cations of the' Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address identification characters shall con- trast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100-199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be mea- sured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address iden- tification shall be maintained. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. EXCEPTION: Group R-3 and unse- cured R-2 occupancies. Section 507.5.1 Delete exceptions 1 &2. Section 507.5.1.1 Delete the sec- tion and replace with: Hydrant for fire sprinkler and standpipe sys- tems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system code official. Section 510.1 Delete exception 1. Section 805.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power lighting installations is allowed`for a period, 1611,to exceed 90 days for holiday docorative light- ing, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. EXCEPTION: Temporary wiring for electrical power and lighting instal- lations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new sec- tion to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach tem- peratures capable of igniting materi- als placed against the surface. Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all appli- cable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin -bearing cut trees and natural decorative vegeta- tion used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occu- pancies. Natural cut trees shall be prohibited in Group A, B, E, 1-1, 1-2,1-3,1-4, M, R-1, and R-4 occu- pancies. EXCEPTION: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1. Section 807.5.2.1 Delete excep- tions 1 & 2. Section 807.5.5.1 Delete excep- tions 1 & 2. Section 901.2 (a) Add a new sec- tion to read as follows: Water based fire protecb'on systems. Working plans submitted to the fire depart- ment for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified per- son shall have a minimum National Institute for Certification in Engineering Technologies [NICET) Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 {b) Add a new sec- tion to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified 1�15_ �11 'Z�'3 person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any chang- es to the working plans shall be approved by a qualified person. A qualified person shall have a mini- mum National Institute for Certification in Engineering Technologies [NICET] Level III certi- fication for Fire Alarm Systems OR be a licensed engineer with experi- ence in life safety system design. Other qualifications may be approved by the code official. Section 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided for fire areas, containing Group A-2 occupancies and inter- vening floors of the building where one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit dis- charge. B. Existing Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupant load of 100 or more that have an ABDL and there is a change in business own- ership, defined as the sale, transfer, or assignment of any legal or equi- table ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. EXCEPTION: Single business occupancies in single story non - abutting buildings. Section 903.2.1.8 Add . a new Sectlld(t read as follows: An Auto-- ,p,*Ig1 21Wer system shall be pro* •wded throughout buildings and por- tions thereof used as new Group B occupancies with an ABDL or exist- ing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit dis- charge. The automatic sprinkler system shall be provided through- out the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupanoy and the level of exit dis- charge. Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambula- tory care facility and all floors between the ambulatory care facility and the level of exit discharge serv- ing such a facility. Caw, , Is— c"� Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connec- tion between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and super- vised audible visual notification appliances shall be installed on each level of the interior of the build- ing as required by the fire code offi- cial and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water - flow device for each normally occu- pied floor. The location of sprinkler control valves must be approved by the fire code official. Section 906.1 Delete the excep- tion without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A, 10-B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm con- trol panels and fire alarm annuncia- tor panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new sec- tion to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new sec- tion to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible- alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Section 907.1.4.3 Add a new sec- tion to read as follows: Combination Fire/Security Alarm System Panels. A listed combination fire/security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire/security panel shall be capable of providing a signal that can differ- entiate between the fire and security alarm. Section 907.1.4.4 Add a new sec- tion to read as follows: Password/ PIN Protection Prohibited: Fire alarm control panels and/or fire alarm annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to reset an alarm/superviso- ry/trouble signal shall be prohibited. Section 907.1.4.5 Add a new sec- tion to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required - new buildings and structures. An approved and addressable fire alarm system installed in accor- dance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occu- pant notification in accordance with 907.5, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. =EPTION: a 1. The manual fife, alarm box is not 'required for fire alarm systems dedi- cated to elevator recall control and supervisory service. Section 907.2.1 Delete the excep- tion in Section 907.2.1 in its entirety and insert in lieu thereof the follow- ing exceptions: EXCEPTION: 1) Except for Group A-2 occupan- cies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will acti- vate upon sprinkler water flow. 2) Group A-2. An automatic/man- ual fire alarm system shall be installed in Group A-2 occupan- cies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protect- ed premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distrac- tion to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 51 exception as follows: 5. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm sys- tem unless required elsewhere in the code. Section 907.2.9.1 Delete excep- tion 2 without substitution. Section 907.2.11.2 Modify by add- ing a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and 1-1 occupancies. In corri- dors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty "(30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the sec- tion without substitution. Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the require- ments for manual fire alarm boxes. Section 907.6.4 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprin- kler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow, device for each normally occupied floor. Section 907.6.4.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.6 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numedc descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved man- ner. Section 910.2 Delete exceptions 2 and 3 without substitution. Section 912.8 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 %" National Standard Thread. Section 1029.2 Add the following exception: EXCEPTION: The main entrance/ exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occu- pantload. Section 1030.1 Modify by deleting exceptions 1 and 3. Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The pos- session, storage, sale, handling and use of gold star producing sparklers on wires which contain no magne- sium'or chlorate or perchlorate, flit- ter sparklers in paper tubes that do i� . -3 % .3 not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 5704.2.9 Add a sentence to the end of the section to read as flows:,_ For abcvegrow4 ~storage minks of 276 -ga 4 [jfacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum sepa- ration distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.1 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a sec- tion to read as follows: Existing above -ground tank hazards. Existing above -ground tank installa- tions, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accor- dance with this code. Section 5705.5.1 Add an excep- tion to read as follows: 6) Corridor installations are prohib- ited in Group -E occupancies. 3. That the geographic limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above -ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and/or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class II liquids in above- ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and/or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibit- ed in the entire City of Iowa City, Iowa. Exception: Zones 1 1&2, Cl 1 and/or as approved by the Fire Chief. SECTION 11. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force, after final passage, approval and publication, as provided by law. Passed and approved this 15th day of July, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC.600004W7 JULY 23, 2015 � r j Marc CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4633, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. M". . Voparil Deputy City Clerk OFFICIAL PUBLICATION F. Master HVAC: No person shall ORDINANCE NO. 15-4633 undertake the planning, layout, supervision, or perform heating, AN ORDINANCE AMENDING ventilation, and air conditioning TITLE 17, ENTITLED "BUILDING within the city, with or without AND HOUSING," CHAPTER 11, compensation, unless the per - ENTITLED "LICENSING," TO son holds an HVAC master REFLECT THAT ALL LICENSES license issued by the state of FOR BUILDING TRADES ARE Iowa. ISSUED BY THE STATE EXCEPT FOR SANITARY SEWER AND G. Journeyman HVAC: No person Printer's Fee $ 1t,Jl)-4 1 WATER SERVICE INSTALLER. shall work as a journeyman WHEREAS, until recently the City HVAC installer within the city CERTIFICATE OF PUBLICATION issued licenses for all the building unless the person holds an trades, such as master plumber and HVAC journeyman license issued journeyman electrician; the state of Iowa. STATE OF IOWA, WHEREAS, beginning in 2007, the legislature has gradually enacted H. Ducted Air Heating And Cooling JOHNSON COUNTY SS' provisions to make nearly all build- Installer: No person shall install ' ing trades subject solely to state heat and cooling ducts as regu- licensing in order to provide unifor- lated by Chapter 1 of this Code THE IOWA CITY PRESS -CITIZEN mity throughout the state; with or without compensation WHEREAS, although the City has unless the person holds an ceased issuing licenses consistent HVAC master, HVAC journeyman FED.ID#42-0330670 with the State law, the City Code or a ducted air heating and cool - has not been amended to reflect ing installer's license issued by that the City no longer has such the state of Iowa. I, �� • licensing authority; being duly sworn, say that am WHEREAS, the State does allow I. Master Hydronics: No person municipalities to license sanitary shall plan for, lay out, supervise the legal clerk of the IOWA CITY sewer and water service installers, or perform hydronics work within and the City should continue to do the city, with or without compen- PRESS-CITIZEN, a newspaper so; and sation, unless the person holds in said county, WHEREAS, it is in the best interest master hydronics license or a published p Y of the City of Iowa City to amend master HVAC license issued by that a notice, a printed copy of the code to reflect that the City no the state of Iowa. longer has the authority to issue which is hereto attached, was most licenses for electricians, J. Journeyman Hydronics: No per - plumbers and other building trades. son shall work as a journeyman published in said paper_ NOW, THEREFORE, BE IT hydronics installer unless the time(s), on the followin date(s): ORDAINED BY THE CITY COUNCIL person holds a journeyman OF THE CITY OF IOWA CITY, IOWA: hydronics or a journeymen HVAC SECTION I. AMENDMENT. Title license issued by the state of 17, entitled "Building and Housing," Iowa. Chapter entitled "Licenses 1 is �� hereby amended in by deleting it n its K. Master Plumber: No person shall entirety and substituting in lieu plan for, lay out, supervise or thereof the following new Chapter perform plumbing work within 11 the city, with or without compen- sation, unless the person holds a Legal Clerk 17-11-1: LICENSE REQUIRED: master plumber's license issued by the state of Iowa. Subscribed and sworn to A. Master Electrician: No person shall perform unsupervised elec- L. Journeyman Plumber: No per - before me this 2� day of trical work, within Iowa City, with son shall work as a journeyman or without compensation unless plumber within the city unless A.D. 20 IV the person holds a master elec- the person holds a journeyman trician's class A license issued plumber's license issued by the by the state of Iowa. state of Iowa. Notaryblit B. Journeyman Electrician: No per- M. Sanitary Sewer And Water son shall work as a journeyman Service Installer: No person shall electrician within the city unless work as a sanitary sewer and the person holds a journeyman water service installer within the electrician's class A license city unless the person holds a KAHLER issued by the state of Iowa. sanitary sewer and water service ADAM JAMES A` ,ommiselon Number 785381 C. Fire Alarm: No person shall work as afire alarm installer or per- installer's license issued by the city or holds a master or journey - . � My commission expires form maintenance onfirealarm man plumbers license issued by the Iowa. 08 A® �V`P�6U,7 04 systems unless the person holds license issued by the state of a fire alarm state of Iowa. N. Licensed Persons To Be On Site: There shall be a properly licensed D. Fire Sprinkler Installer: No per- person present at all locations son shall work as a fire sprinkler and at all times where work installer or perform maintenance requiring a license is being Per- on fire sprinkler systems unless formed. At least one licensed the person holds a fire sprinkler person shall be present for every installer's license issued by the three (3) laborers. Such licensed state of Iowa. person must be an employee of the permit holder. E. Fire Sprinkler Maintenance: No person shall perform mainte- O. Unlicensed Persons: No person nance on a fire sprinkler system shall knowingly employ or permit unless the person holds a fire an unlicensed person to perform sprinkler maintenance license or work within Iowa City if the work fire sprinkler installer's license is required by this code or the issued the state of Iowa. state of Iowa to be performed by a licensed person. Q;" a , 15 — +—A 63 3 17-11-2: APPLICATION FOR LICENSE: Any person required by this chapter to possess a license shall make application to the state of Iowa or for a sewer and water installer license make application to the City. 17-11-3: FEES: The examination fee and license fee for persons applying for a sewer and water installer license shall be established by resolution of city council and shall not be refunded. The renewal fee, reinstatement fee, and fee for an inactive license shall be set by resolution of city council. 17-11-4: LICENSING STANDARDS: A. A sanitary sewer and water installer license shall be issued by the City to every person who suc- cessfully passes the examination approved by the city. B. Any person who fails the sanitary sewer and water service installer examination or the electrical home- owner's exam must wait a minimum of thirty (30) calendar days before retesting. 17-11-5: LICENSE RENEWALS A.License Expiration: Every sewer and water installer license which has not previously been revoked shall expire on December 31 of each year. Any license that has expired may be reinstated within sixty (60) calendar days after the expiration date upon payment of an additional reinstatement fee. After the expiration of the sixty (60) cal- endar day period, no license obtained by municipal testing, shall be renewed except upon reexami- nation. Licenses obtained by an approved third party testing agency, shall be renewed for a period of five (5) years with the submittal of all required documentation and pay- ment of all back renewal fees from the time of the license expiration. After the five (5) years, no license shall be renewed except upon reex- amination. B. Employer Identification: At the time of renewal, each licensee shall identify the company the licensee is currently employed by. 17-11-6: REVOCATION OF LICENSE: A. The City, with consent of the board of appeals, may revoke any license issued by the city if the license holder shows incom- petency or lack of knowledge, if the license was obtained by fraud or for continual violation of any sections of this code. B. Licenses are not transferable. The lending, selling, giving, or assigning of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. C. Revocation shall occur only after the City has given the licensee written notice and an opportunity for an administrative hearing before the board of appeals. D. If a license is revoked for any reason, another license shall not be issued for at least twelve (12) months after revocation. 17-11-7: INACTIVE LICENSE: Any current Sewer and Water Installer license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to main- tain the license as current but will not be permitted to obtain a plumb- ing permit. The license may be reactivated by payment of the full license fee for that year. 17-11-8: PENALTIES FOR VIOLATION: The violation of any provision of this chapter is a municipal infraction as provided for in subsection 1-4-2D of this code. SECTION II, REPEALER All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION 111. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of July, 2015. s/Matthew J. Hayek, Mayor Attest: &/Marian K. Karr, City Clerk PC -6000046M JULY 23, 2015 � r :ulpj7#P- "�''�►Z'''11'®'Q� —►t.ai� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4634, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of July, 2015, all as the same appears of record in my office and published in the Iowa City Press - Citizen on July 23, 2015. Dated at Iowa City, Iowa, this 10th day of August 2015. -� Voparil Deputy City Clerk OFFICIAL PUBLICATION WHEREAS, a number of cities ORDINANCE NO. 15-4634 throughout the United States are ORDINANCE AMENDING TITLE prohibiting the use of a -cigarettes 6, ENTITLED "PUBLIC HEALTH in places where traditional ciga- AND SAFETY," CHAPTER 10, rette use is prohibited; and, ENTITLED "SMOKE FREE WHEREAS, the use of electronic PLACES," TO PROHIBIT smoking devices in smoke free SMOKING ELECTRONIC locations threatens to undermine CIGARETTES IN AREAS WHERE compliance with smoking regula- tions and reverse the progress that Printer s Fee $ IT IS ILLEGAL TO SMOKE TOBACCO. has been made in establishing a CERTIFICATE OF PUBLICATION WHEREAS, Chapter 142D of the Iowa Code, the Iowa Smokefree Air social norm that smoking is not permitted in public places and Act, prohibits smoking tobacco places of employment; and, WHEREAS, the City Council finds STATE OF IOWA products in certain public spaces, places of employment and outdoor that the use of a -cigarettes pres- areas, including enclosed City ents a serious and unknown public JOHNSON COUNTY, SS: buildings and vehicles operated by health threat and that in the inter - the City, the public grounds imme- ests of protecting the health of the THE IOWA CITY PRESS -CITIZEN diately adjacent to City buildings public and providing a healthy work place environment for its and bus shelters; and, WHE=REAS, the Smokefree Air employees the City of Iowa City FED.ID#42-0330670 Act expressly authorizes a person should prohibit the use of elec- tropic cigarettes in all areas where S having custody or control of prop- erty to declare property that is it is illegal to smoke tobacco prod- ucts. l� a/� S otherwise exempt under the Smokefree Air Act to be a non- NOW, THEREFORE, BE IT being duly sworn, say that I 4m smoking place; and, ORDAINED BY THE CITY the legal clerk of the IOWA CITY WHEREAS, in Chapter 10 of Title COUNCIL OF THE CITY OF CITY, IOWA: 6, "Public Health and Safety", the PRESS -CITIZEN, a newspaper City has declared additional areas SETTTION lend led DMEN Health published in said county, and be smoke free places including the municipal parking ramps, air- and Safety," Chapter 10, entitled "Smoke that a notice, a printed copy of port, City Plaza except for alleys Iowa City Free Places," Section 2, entitled "Penalty," is renumbered to and certain areas of Section 3. which is hereto attached, was parks, and, WHEREAS, electronic cigarettes 2. Title 6, entitled "Public Health published in said paper_ are not covered by the Iowa and Safety," Chapter 10, entitled "Smoke Smokefree Air Act; and, Free Places," is amended time(s), on the following date(s): WHEREAS, in 2014 the Iowa leg- by adding the following new islature adopted HF 2109, which, Section 2, entitled "Electronic - ��— among other things, amended Cigarettes": Chapter 453A of the Iowa Code It is illegal to use an electronic by requiring retailers of "alternative cigarette in any smoke free place nicotine products" or "vapor prod- listed in Section 1 of this chapter or ucts" (which includes electronic in any place where Chapter 142D cigarettes) to obtain a tobacco of the Iowa Code prohibits smok- permit, prohibits the sale of these ing a tobacco product. Electronic Legal Clerk g products to persons under the age cigarette means vapor product as defined in Section 453A.1 of the of 18 and the possession or pur- Code of Iowa. Subscribed and sworn to chase of these products by per- sons under the age of 18 and limits SECTION II, REPEALER. All ordi- before me this day of the places where these products can be given away; and, nances and parts of ordinances in conflict with the provision of this U D. 20 WHEREAS, the Johnson County Ordinance are hereby repealed. SECTION III. SEVERABILITY. If Department of Public Health made a presentation about a -cigarettes any section, provision or part of the to the City Council on September Ordinance shall be adjudged to be Notary Public 2, 2014; and, invalid or unconstitutional, such WHEREAS, said presentation adjudication shall not affect the demonstrated that a -cigarettes validity of the Ordinance as a contain varying amounts of nico- whole or any section, provision or tine and volatile organic com- part thereof not adjudged invalid or OUR pounds that are not healthy for unconstitutional. SECTION IV. EFFECTIVE DATE, ADADAM iAMES p (011 Nt MbOr 785381 human inhalation, that marketing tactics show attempt to lure This Ordinance shall be in effect after its final passage, approval CQm�I�� there youth, that there is no evidence b My 00MMExpire, M '����� r that being exposed to the vapor is that the three largest tobacco and publication, as provided p p y law. OW0419017 safe, companies are in the business of Passed and approved this 15th marketing a -cigarettes, that use of day of July, 2015. a -cigarettes among middle and high school students has more s/Matthew J. Hayek, Mayor than doubled, and that a -cigarettes Attest: s/Marian K. Karr, City Clerk. threaten to undo decades of public Pc�0000��x JULY 23, 2015 health work in tobacco control; and, WHEREAS, Douglas Beardsley, the Director of Johnson. County Public Health, submitted a memo- randum to City Council dated May 22, 2015 advocating for making the use of a -cigarettes illegal in all areas where it is illegal to smoke tobacco products and highlighting a 2014 Iowa Youth Survey showing that a higher percentage (7%) of 111 last 30 days than a tobacco product (4%); and, graders in Johnson County used an a -ciga- rette within the v:. J>V,b; �c.�ro�� , � r j �tIII%71 rp CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240- 1 826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4635, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of August, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 27, 2015. Dated at Iowa City, Iowa, this 11th day of September 2015. \\ `` V ms�-r.. U Ju K. Vopari Deputy City Clerk THE IOWA CITY PRESS -CITIZEN FED.I1011#42-0330670 being duly sworn, say that I a the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ",`=ke.,- Legal Clerk Subscribed and sworn to before me this 22__day of 0 f Notar ub is ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08104/2017 WHEREAS, the City has an inter- est in public safety and traffic effi- ciency; WHEREAS, City Code section 9-1-1 defines a "bicycle" as "A device propelled by human power having two (2) wheels and at least one saddle or seat for use of a rider," WHEREAS, a range of recumbent and upright bicycles that do not fit in the current definition of "bicycle" are commonly used on City road- ways and trails; WHEREAS, City Code section 9-8-1C requires that bicyclists ride single -file and "as far to the right hand side of the roadway as practi- cable"; WHEREAS, surrounding commu- nities such as Tiffin, Coralville, and North Liberty, all explicitly permit bicyclists to ride two abreast on 3. Title 9, entitled "Motor Vehicles roadways; and Traffic," Chapter 8, entitled WHEREAS, most bicycle advoca- "Bicycles," Section 6, entitled cy groups promote cycling two "Parking Violations," Subsection A, abreast because it makes entitled "Impoundment of Bicycles" cyclists more visible and requires is amended by deleting it in its motorists to provide sufficient entirety and substituting the follow - space when passing cyclists by ing new Subsection A in lieu there - moving into the adjacent lane; of: WHEREAS, there are many com- On finding a bicycle is: a) aban- mon situations in which it is safer doned; b) inoperable; or c) unat- and more practical for bicyclists to tended at a place where the bicycle ride away from the far right side of constitutes an obstruction to vehi- the road, especially in areas where cle or pedestrian traffic or consti- road conditions are unfavorable tutes an imminent threat to the (e.g., due to sand, ice, storm drains, health, safety or welfare of the pub - pavement conditions, or along lic or is in violation of an existing roadways with on -street car park- parking ordinance, the police ing) or when preparing to make a department or any officer, agent or left -turn; employee of the city so designated WHEREAS, to be consistent with may remove or cause the removal the City's adjacent communities of such bicycle to a place desig- and to allow bicyclists to ride in nated by the chief of police for the manner that increases their safety storage of impounded bicycles. and visibility on the road, it is in the City's best interest to allow cyclists SECTION II REPEALER. All ordi- to ride up to two abreast and elimi- nances and parts of ordinances in nate the requirement that bicyclists conflict with the provision of this ride as far right as possible; Ordinance are hereby repealed. WHEREAS, it is in the City's best SECTION III SEVE ABI ITY. If interest to update the Code's defini- any section, provision or part of the tion of "bicycle" to reflect the use of Ordinance shall be adjudged to be those devices commonly used on invalid or unconstitutional, such Iowa City roadways and trails; adjudication shall not affect the WHEREAS, broken and inopera- validity of the Ordinance as a whole ble bicycles attached to bike racks or any section, provision or part take up scarce space and currently thereof not adjudged invalid or cannot be impounded until they unconstitutional. have been left unattended for seven SECTION IV EFFECTIVE DATE. (7) days; WHEREAS, it is in the This Ordinance shall be in effect City's best interest to allow City after its final passage, approval and staff to impound an inoperable publication, as provided by law. bicycle without having to wait seven Passed and approved this 18th (7) days; and day of August, 2015. WHEREAS, it is in the best interest of the City to adopt this ordinance. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk g, ro en, or disassembled component nec- essary for operation, whether parked legally or illegally. A bicycle that is missing only a seat is not inoperable. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 1 entitled "Operation of Bicycles," Subsection C, entitled "Riding on Roadways" is amended by deleting it in its entirety and substituting the following new Subsection C in lieu thereof: C. Riding on Roadways: Persons riding bicycles on the roadway shall not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL PC-60OW47616 AUGUST 27, 2015 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 15-4635 OF THE CITY OF CITY, IOWA: ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles AND TRAFFIC," CHAPTER 1, and Traffic," Chapter 1, entitled "Definitions, Administration, and ENTITLED "DEFINITIONS, Enforcement of Traffic Provisions," ADMINISTRATION AND ENFORCEMENT OF TRAFFIC is amended by deleting the defini- tion of "bicycle" and substituting PROVISIONS," AND CHAPTER 8, the following new definition of ENTITLED "BICYCLES," TO "bicycle" in lieu thereof and by add - Printer's Fee $._�� , ., EXPAND THE DEFINITION OF 'BICYCLE"; PERMIT THE RIDING ing a new definition of "inoperable bicycle": OF TWO BICYCLES ABREAST BICYCLE: Every device propelled CERTIFICATF, OF PUBLICATION EACH OTHER; REMOVE THE solely by hand or foot pedals, hav- REQUIREMENT THAT ing at least one saddle or seat for BICYCLISTS RIDE TO THE FAR use of a rider, and having two or STATE OF IOWA, RIGHT SIDE OF THE ROAD; AND three wheels. AUTHORIZE THE IMPOUNDMENT INOPERABLE BICYCLE: A bicycle JOHNSON COUNTY, SS: OF INOPERABLE BICYCLES. is inoperable if it is left on public property and has a missin b k THE IOWA CITY PRESS -CITIZEN FED.I1011#42-0330670 being duly sworn, say that I a the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ",`=ke.,- Legal Clerk Subscribed and sworn to before me this 22__day of 0 f Notar ub is ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08104/2017 WHEREAS, the City has an inter- est in public safety and traffic effi- ciency; WHEREAS, City Code section 9-1-1 defines a "bicycle" as "A device propelled by human power having two (2) wheels and at least one saddle or seat for use of a rider," WHEREAS, a range of recumbent and upright bicycles that do not fit in the current definition of "bicycle" are commonly used on City road- ways and trails; WHEREAS, City Code section 9-8-1C requires that bicyclists ride single -file and "as far to the right hand side of the roadway as practi- cable"; WHEREAS, surrounding commu- nities such as Tiffin, Coralville, and North Liberty, all explicitly permit bicyclists to ride two abreast on 3. Title 9, entitled "Motor Vehicles roadways; and Traffic," Chapter 8, entitled WHEREAS, most bicycle advoca- "Bicycles," Section 6, entitled cy groups promote cycling two "Parking Violations," Subsection A, abreast because it makes entitled "Impoundment of Bicycles" cyclists more visible and requires is amended by deleting it in its motorists to provide sufficient entirety and substituting the follow - space when passing cyclists by ing new Subsection A in lieu there - moving into the adjacent lane; of: WHEREAS, there are many com- On finding a bicycle is: a) aban- mon situations in which it is safer doned; b) inoperable; or c) unat- and more practical for bicyclists to tended at a place where the bicycle ride away from the far right side of constitutes an obstruction to vehi- the road, especially in areas where cle or pedestrian traffic or consti- road conditions are unfavorable tutes an imminent threat to the (e.g., due to sand, ice, storm drains, health, safety or welfare of the pub - pavement conditions, or along lic or is in violation of an existing roadways with on -street car park- parking ordinance, the police ing) or when preparing to make a department or any officer, agent or left -turn; employee of the city so designated WHEREAS, to be consistent with may remove or cause the removal the City's adjacent communities of such bicycle to a place desig- and to allow bicyclists to ride in nated by the chief of police for the manner that increases their safety storage of impounded bicycles. and visibility on the road, it is in the City's best interest to allow cyclists SECTION II REPEALER. All ordi- to ride up to two abreast and elimi- nances and parts of ordinances in nate the requirement that bicyclists conflict with the provision of this ride as far right as possible; Ordinance are hereby repealed. WHEREAS, it is in the City's best SECTION III SEVE ABI ITY. If interest to update the Code's defini- any section, provision or part of the tion of "bicycle" to reflect the use of Ordinance shall be adjudged to be those devices commonly used on invalid or unconstitutional, such Iowa City roadways and trails; adjudication shall not affect the WHEREAS, broken and inopera- validity of the Ordinance as a whole ble bicycles attached to bike racks or any section, provision or part take up scarce space and currently thereof not adjudged invalid or cannot be impounded until they unconstitutional. have been left unattended for seven SECTION IV EFFECTIVE DATE. (7) days; WHEREAS, it is in the This Ordinance shall be in effect City's best interest to allow City after its final passage, approval and staff to impound an inoperable publication, as provided by law. bicycle without having to wait seven Passed and approved this 18th (7) days; and day of August, 2015. WHEREAS, it is in the best interest of the City to adopt this ordinance. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk g, ro en, or disassembled component nec- essary for operation, whether parked legally or illegally. A bicycle that is missing only a seat is not inoperable. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 1 entitled "Operation of Bicycles," Subsection C, entitled "Riding on Roadways" is amended by deleting it in its entirety and substituting the following new Subsection C in lieu thereof: C. Riding on Roadways: Persons riding bicycles on the roadway shall not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL PC-60OW47616 AUGUST 27, 2015 � r liMlix, P memo CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4636, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 10, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. JUW K. Vopa0l Deputy City Clerk Printer's Fee $_Au CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): q -10-15 Legal Clerk Subscribed and sworn to before met is d day of 5V� .D. 20 No y Pu Ic ADAM JAMES KAHLER ,�`"` Commission Number 785381 f� My Commission Expires 08104/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4636 ORDINANCE VACATING AN UNPAVED STREET RIGHT-OF- WAY IGHTOF- WAY KNOWN AS AUDITOR'S PARCEL #2008020 AND TWO UTILITY EASEMENTS WITHIN HIGHLANDER DEVELOPMENT (VAC15-00002). WHEREAS, the applicant, Southgate Companies, has requested that the City vacate and convey to the applicant the unde- veloped right-of-way known as Auditor's Parcel 2008020 and two undeveloped utility easements; and WHEREAS, because this right-of- way,has never been opened to the public and the utility lines have not been installed within the easement areas, no circulation or provision of utilities will be affected; and WHEREAS, these property rights encumber property in the Highlander Development and are no longer in the public interest; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION, The City of Iowa City hereby vacates the following rights: A. The public right-of-way over Auditor's Parcel 2008020, in accordance with the plat thereof recorded in 53, AT Page 258, Johnson County, Iowa Recorder's Office; B. those utility easements established pursuant to the Underground Utility Easements recorded at Book 4361, Page 685-686, in the Records of the Johnson County, Iowa Recorder's Office, which a copy of the easement plat is attached hereto for reference. SECTION It. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTIONIV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC-WO0047912 SEPTEMBER 10,2015 s- - 14 sit Z_ U3 sit R its A n`7 ---------------- U3 CL LLJ Uj ui E� 4r.> LLJ 0 -ldc , qo R its A n`7 ---------------- � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4637, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 10, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. cam- Jui ie*. Voparil Deputy City Clerk Legal Clerk\ ' OFFICIAL PUBLICATION SECTION II, REPEALER. All ordi- City anticipates conveying it to CA ORDINANCE NO. 15-4637 nances and parts of ordinances in before me this (d day of Block 1, County Seat Addition to conflict with the provisions of this Iowa City, Iowa, for a mixed-use ORDINANCE VACATING A Ordinance are hereby repealed. PORTION OF HARRISON SECTION III SEVERABILITY. If WHEREAS, the Planning and STREET LOCATED WEST OF LINN STREET AND EAST OF any section, provision or part of the DUBUQUE STREET (VAC15- Ordinance shall be adjudged to be and has recommended approval of the application subject to the 00004) invalid or unconstitutional, such ��? southern edge of the right-of-way. adjudication shall not affect the Printer's Fee $ _ .V WHEREAS, the applicant, City of validity of the Ordinance as a 08/04/20V Iowa City, has requested the vaca- whole or any section, provision or part thereof not adjudged invalid or CERTIFICATE OF PUBLICATION tion of that portion of the 80ft wide Harrison Street right-of-way locat- unconstitutional. ed west of the Linn Street and. SECTION IV. EFFECTIVE DATE. STATE OF IOWA, south of Lot 4, Block 1, according to the County Seat Addition to This Ordinance shall be in effect JOHNSON COUNTY SS: , Iowa City, Iowa; and after its final passage, approval and publication, as provided by WHEREAS, the right-of-way has law. THE IOWA CITY PRESS -CITIZEN never been developed, does not currently allow vehicular traffic, and s/Matthew J. Hayek, Mayor has been determined not neces- Attest: s/Marian K. Karr, City Clerk FED.ID#42-0330670 Bary for future vehicular circulation; PC-6000047913SEPTEMBER 10,2015 PC-6000047913WHEREAS, and � I+�].�l ��_"S this vacation will not being duly sworn, say that I m impact vehicular access and circu- lation; it will not impact emergency the legal clerk of the IOWA CITY and utility vehicle access and cir- culation; it will not impact access of adjacent private properties; and published in said county, and WHEREAS, there are no private that a notice, a printed copy of utilities on the property; and which is hereto attached, as WHEREAS, there is a subsurface published in said paper 1 public storm sewer in the right-of- way for which an easement will be time(s), on the following date(s): retained unless and until the storm 1 O - sewer is relocated as a part of redevelopment; and 0en WHEREAS, the City finds it rea- _ sonable a to maintain a 10' public access easement for pedestrian circulation within the neighbor- hood; and Legal Clerk\ ' WHEREAS upon vacation, the V City anticipates conveying it to CA Subscribed and sworn to Ventures, who will incorporate it into the redevelopment of Lots 1-4, before me this (d day of Block 1, County Seat Addition to Iowa City, Iowa, for a mixed-use . 2Q IS development, including a pedestri- an walkway; and NotPublic WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application subject to the ADAM JAMES KAHLER retention of pedestrian easement, a minimum of 10' in width, for the ^� Commission Number 785381 southern edge of the right-of-way. o � z w My Commission Expires NOW, THEREFORE, BE IT ORDAINED BY THE CITY �� 08/04/20V COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of the 80 -foot Harrison Street public right-of-way lying south of Lot 4, Block 1, of the County Seat Addition to Iowa City, Iowa, approximately 150 feet in length and containing 12,000 square feet more or less, subjects) to a public access easement over the southernmost 10 feet, which shall not prevent use of the ease- ment area for below -grade founda- tions and support, landscaping, and building maintenance and cleaning and the temporary clo- sures thereof, and subject to b) a 15' storm sewer easement allowing access and maintenance of the existing public storm sewer. Ir =Pzz®' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (319) 356-5009 FAX www-icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4638, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 24, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. Julie Voparil' Deputy City Clerk Printer's Fee $ ___A4 _ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 7E� C -✓'c being duly sworn, say thatl am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_I time(s), on the followin date(s): Legal Clerk IT Subscribed and sworn to befor me this Z� day of A. D. 201 Lary Public ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO.15-4638 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.85 ACRES OF PROPERTY ZONED COMMUNITY COMMERCIAL (CC -2) LOCATED BETWEEN WESTBURY DRIVE, EASTBURY DRIVE AND MIDDLEBURY ROAD, IN ORDER TO AMEND A CONDITIONAL ZONING AGREEMENT WHEREAS, the applicant, HD Capital Partners LLC, has request- ed a rezoning of property zoned Community Commercial (CC -2) in order to amend a Conditional Zoning Agreement affecting the property; and WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan indicates that the commercial area should be designed with a Town Square or Main Street design to meet the goal to establish commercial areas that function as neighborhood centers; and WHEREAS, the applicant has proposed a site design that includes a building along the north side of the property, with berming, landscaping, benches, street trees and other streetscape features along the perimeter of the property in order to meet the spirit and intent of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pro- vided it complies with the submit- ted site concept plan and the fagade of the proposed building is reviewed to ensure , compliance with pedestrian -oriented streetscape goals; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy pub- lic needs caused by the requested change; and WHEREAS, the owngr and_ applicant ..hWe agreed that � propertyshell be developed in accordance with the, terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassi- fied from its current zoning desig- nation of Community Commercial (CC -2) to Community Commercial (CC -2): Lots 42,43, 44 and 45 of Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of the Johnson County, Iowa Recorder. SECTION II. ZONING MAP. The building official is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of the ordinance as approved by law. �',.��r� SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as pro- vided by law. Passed and approved this 15th day of September, 2015. sJMatthew 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"), Eugene W and Ethel Madison 2008 Revocable Trust (hereinafter "Owner'), and HD Capital Partners, LLC (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 1.85 acres of property located between Eastbury Drive, Westbury Drive and Middlebury Road; and WHEREAS, the property is zoned Community Commercial (CC -2) and the Applicant has requested an amendment to the Conditional Zoning Agreement to allow a site design which is not in strict conformance with the con- cept plan which is adopted as a part of the Conditional Zoning Agreement; and WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan, indicates the commercial area should be designed with a main street or town square design, and emphasize pedestrian -friendly site design in order to create commercial areas that serve as neighborhood cen- ters; and ,:: WHEREAS, the Applicant has q►jposed a site design which "tnirets the spirit and intent of the Comprehensive Plan by including a building along the north side of the property with berming, landscap- ing, benches, street trees and other streetscape features along the perimeter of the property; and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding compliance with the submitted site concept plan cam. ,S — `i(10311Z and staff design review of the building elevations, the requested a. Development will be in zoning is consistent with the Comprehensive Plan; and substantial compliance WHEREAS, Iowa Code §414.5 with the concept site (2015) provides that the City of plan dated August 5, Iowa City may impose reasonable 2015, attached hereto conditions on granting a rezoning and incorporated herein request, over and above existing by this reference; and regulations, in order to satisfy pub- b. Prior to issuance of a lic needs caused by the requested building permit, the change; and building fagade and ele- WHEREAS, the Owner acknowl- vations must be edges that certain conditions and approved by the Staff restrictions are reasonable to Design Review ensure the development of the Committee in order to property is consistent with the insure the building is Comprehensive Plan; and pedestrian -friendly, pay - WHEREAS, the Owner agrees to ing particular attention to develop this property in accor- the entrance at the dance with the terms and condi- southwest intersection of tions of a Conditional Zoning Westbury and Eastbury Agreement. Drives. NOW, THEREFORE, in consid- 4. The Owner, Applicant and eration of the mutual promises City acknowledge that the contained herein, the parties agree conditions contained herein as follows: are reasonable conditions to 1. Eugene W and Ethel Madison impose on the land under 2008 Revocable Trust is the Iowa Code §414.5 (2015), legal title holder of the prop- and that said conditions sat- erty legally described as Lots isfy public needs that are 42, 43, 44 and 45 of Olde caused by the requested Towne Village, Iowa City, zoning change. Iowa, according to the plat 5. The Owner, Applicant and thereof recorded in Book 49, City acknowledge that in the Page 321, Plat Records of event the subject property is the Johnson County, Iowa transferred, sold, redevel- Recorder. oped, or subdivided, all rede- 2. The Owner acknowledges velopment will conform with that the City wishes to ensure the terms of this Conditional conformance to the princi- Zoning Agreement. ples of the Comprehensive 6. The parties acknowledge that — this Conditional Zoning Plan and the Northeast Agreement shall be deemed District Plan. Further, the par- to be a covenant running with ties acknowledge that Iowa the land and with title to the Code §414.5 (2015) provides land, and shall remain in full that the City of Iowa City may force and effect as a cove - impose reasonable condi- nant with title to the land, tions on granting a rezoning unless or until released of request, over and above the record by the City of Iowa existing regulations,`in order City. to satisfy public needs The parties further acknowledge caused by the requested that this agreement shall inure to change. the benefit of and bind all succes- 3. In consideration of the City's sors, representatives, and assigns rezoning the subject proper- of the parties. ty, Owner and Applicant 7. The Owner and Applicant agree that development of acknowledge that nothing in the subject property will con- this Conditional Zoning form to all other requirements Agreement shall be con - of the zoning chapter, as well strued to relieve the Owner or as the following conditions: Applicant from complying with all other applicable local, state, and federal regulations. OLDE TOWNE VILLAGE FAMILY MEDICINE CLINIC I SITE PLAN IOWA rITY !A The parties agree that this Conditional Zoning Agreement shall be incorpo- rated by reference into the ordinance rezoning the sub- ject property, and that upon adoption and publication of the ordinance, this agree- ment shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 15th day of September, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk HD Capital Partners, L.L.C. By: s/Kevin Digmann, Manager EUGENE W AND ETHEL MADISON 2008 REVOCABLE TRUST By: s/Eugene Madison, Trustee By: s/Ethel Madison, Trustee PC -6000048M SEPTEMBER 24,2015 � r in-�� loft CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4639, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 24, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. Jule K. Voparil Deputy City Clerk Printer's Fee $ Q' 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ ____ time(s), on the following date(s): - QCI - I k V"D .,. Legal Clerk Subscribed and worn to before me this day of ` A. 20 Nota ub ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08104/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4639 AN ORDINANCE CONDITIONALLY REZONING TO APPROVE A PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR A MANUFACTURED HOUSING PARK TO ADD 38 -UNITS ON APPROXIMATELY 14.36 ACRES OF PROPERTY LOCATED EAST OF RIVERSIDE DRIVE AND NORTH OF MCCOLLISTER BOULEVARD. (REZ15-00017) WHEREAS, the applicant, Ed Cole, has submitted a rezoning request to approve a Planned Development Overlay (OPD) plan for the 38 -unit expansion of the existing 14.36 acre Cole Community Mobile Home Park located East of Riverside Drive and North of McCollister Boulevard; and WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 30 -foot perim- eter setback required of manufac- tured housing parks from the prop- erty line to the north, a manufac- tured housing park owned by the applicant, from the east, perma- nent open space owned by the City of Iowa City, and from the south, where a self-service warehouse facility was recently approved; and WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 60 feet public street right-of-way to a 32 feet pri- vate street easement and a reduc- tion in pavement width from 26 feet to 22 feet; and WHEREAS, the Planning and Zoning Commission has recom- mended approval with appropriate conditions addressing the need for public safety, adequate pedestrian access and appropriate storm water management; and WHEREAS, the applicant will con- struct a storm shelter in order to meet the need for public safety. The shelter will contain sufficient capacity for 192 dwelling units based on state guidelines for storm shelters and final construction plans will be reviewed and approved by staff when a building permit is requested; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy pub- lic needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appro- priate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The prop- erty described below is hereby rezoned to Planned Development Overlay High Density Single Family Residential (OPD/RS12) subject to the Planned Development Overlay (OPD) plan attached hereto for an expansion of the 14.36 -acre manu- factured house park located in the OPD/RS12 zone east of Riverside Drive north of McCollister Boulevard and subject to the Conditional Zoning Agreement attached hereto and incorporated herein: Y3. \,A -_-Z, Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian. Excepting therefrom the following tract, to wit, Beginning 202 feet southwesterly from the northwest corner of said Lot 3 of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85°52' East a distance of 384 feet; thence South 17°10' West to the original south line of said Lot 3, a distance of 549 feet; thence North 76" West a distance of 215 feet; thence North 5°30' West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40' East a dis- tance of 142 feet to the place of beginning. Further excepting the following, Beginning at the Southeast comer of said Lot 3 of the Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence N76°42'52"W, along the southerly line of said Lot 3, a distance of 88.94 feet; thence N16°31'56"E, a distance of 780.57 feet to a point on the northerly line of said Lot 3, thence S80°01'58"E, a distance of 255.60 feet more or less, along said northerly line and its south- easterly projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is wit- nessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa River; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally dis- tant westerly of the Westerly Top of Bank of said Iowa River and is located 193.34 feet, S16°32'12"E, of the previous witness marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is wit- nessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and is located 252.45 feet, S00°38'13"W, of the previous witness marker; Thence meander- ing along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12°39'26"W, of the previous wit- ness mark; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its intersection with the southerly projection of the Southerly Line of said Lot 3, which point is wit- nessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet, S16°57'57"W, of the previous witness market; thence from said Mean High Water Mark, N76°42'52"W, along said southerly line 347.29 feet, to the point of Beginning. Said par- cel of land contains 7.17 Acres more or less and is subject to easements and restrictions of record. WHEREAS, the Owner acknowl- And further excepting the fee Sim- edges that certain conditions and restrictions are reasonable to High Water Line to a int at g M the Mean High Water Mark of tained herein are reasonable pie acquisition described in Condemnation Proceedings ensure the development of the is consistent with the said Iowa River which point is 5/8 inch iron conditions to impose on the Po land under Iowa Code 414.5 § recorded in Book 4202, Page 714 re-recorded in Book 4244, property Comprehensive Plan and the need witnessed b a Y rebar set 3 feet normal) dis- y 2015 , and that said condi- ( ) tions satisfy ublic needs that p and Pa a 762. 9 The for the preservation of public health, safety, and welfare; and tant westerly of the Westerly To of Bank of said Iowa p are caused by the requested aF^TION II ZONINGr MAP. building official is hereby autho WHEREAS, the Owner agrees to in River, and is located 128.20re- zoning change. 5. The Owner and City acknowl- rized and directed to change the develop this property accor- dance with the terms and condi- feet, S12°39'26"W, of the pre- witness mark; thence edge that in the event the zoning map of the City of Iowa City, Iowa, to conform to this amend- tions of a Conditional Zoning vious meandering along said Mean subject property is trans - 1 P P Y ferrel, sold, redeveloped, or ment upon the final passage, and publication of the Agreement NOW, THEREFORE, in consider- High Water Line to a point at the Mean High Water Mark of subdivided, all redevelopment will conform with the terms of approval ordinance as approved by law. ation of the mutual promises con- tained herein, the parties agree as said Iowa River at its intersec- tion with the souther) ec- y pro) this Conditional Zoning ecrTION III CONDITIONAL ZONING AGREEMENT. The may follows: 1. Ed Cole is the legal title holder tion of the Souther) Line of y said Lot 3, which point is wit- Agreement. 6. The parties acknowledge ed a that P 9 is hereby authorized and directed to sign, and the City Clerk attest, of the property legally described as: nessed by a 5/8 inch iron this Conditional Zoning Agreement shall be deemed the Conditional Zoning Agreement Lot 3 in Paden's Resubdivision rebar set on said Southerly to be a covenant running with between the property owner and of Lots 1 and 4 of Charles Line of Lot 3, 3 feet normally the land and with title to the the City, following passage and Subdivision of the Southwest distant westerly of the land, and shall remain in full approval of this Ordinance. Quarter of Section 22, Westerly Top of Bank of said force and effect as a covenant jLQL1 N IV CERTIFICATION Township 79 North, Range 6 Iowa River and which marker with title to the land, unless or AND RECORDINS' Upon passage West of the 5th Principal is located 252.21 feet, until released of record by the and approval of the Ordinance, the Meridian. S1 6'57'57"W, of the previous City of Iowa City. City Clerk is hereby authorized and Excepting therefrom the fol- witness marker; thence from The parties further acknowl- directed to certify a copy of this lowing tract, to wit; said Mean High Water Mark, edge that this agreement shall ordinance, and recons the same in Beginning 202 feet south- N76°42'52"W, along said inure to the benefit of and the Office of the County Recorder, westerly from the northwest southerly line 347.29 feet, to bind all successors, represen- Johnson County, Iowa, at the corner of said Lot 3 of the point of Beginning. Said tatives, and assigns of the Owner's expense, upon the final Paden's Resubdivision of parcel of land contains 7.17 parties. passage, approval and publication Lots 1 and 4 of Charles Acres more or less and is 7. The Owner acknowledges that of this ordinance, as provided by Subdivision; thence South subject to easements and nothing in this Conditional law. All 85°52' East a distance of 384 restrictions of record. Zoning Agreement shall be SECTION V REPEALER. ordi- feet; thence South 17°10' And further excepting the fee construed to relieve the nances and parts of ordinances in West to the original south line simple acquisition described Owner from complying with all conflict with the provisions of this of said Lot 3, a distance of in Condemnation Proceedings other applicable local, state, Ordinance are hereby repealed. If 549 feet; thence North 76° recorded in Book 4202, Page and federal regulations. SECTION VI SEVERABILITY any section, provision or part of the West a distance of 215 feet; thence North 5°30' West a 714 and re-recorded in Book 4244, Page 762. 8. The parties agree that this Conditional Zoning Agreement Ordinance shall be adjudged to be distance of 360.5 feet; thence 2. The Owner acknowledges that shall be incorporated by refer - invalid or unconstitutional, such adjudication shall not affect the easterly 21 feet; thence North 2°40' East a distance of 142 the City wishes to ensure con- formance to the principles of ence into the ordinance rezoning the subject property, validity of the Ordinance as a whole feet to the place of beginning. the Comprehensive Plan and and that upon adoption and or any section, provision or part Further excepting the follow- the South Central District publication of the ordinance, thereof not adjudged invalid or ing; Plan. Further, the parties this agreement shall be unconstitutional. Beginning at the Southeast acknowledge that Iowa Code recorded in the Johnson SECTION VII E TIVE DATE, This Ordinance shall be in effect corner of said Lot 3 of the Paden's Resubdivision of §414.5 (2015) provides that the City of Iowa City may County Recorder's Office at the Owner's expense. after its final passage, approval and Lots 1 and 4 of Charles impose reasonable conditions Dated this 24th day of August, publication, as provided by law. Passed and approved this 15th day Subdivision; thence N76°42'52"W, along the on granting a rezoning request, over and above the 2015. CITY OF IOWA CITY of September, 2015. southerly line of said Lot 3, a existing regulations, in order s/Matthew J. Hayek s/Matthew J. Hayek, Mayor distance of 88.94 feet; thence to satisfy public needs caused Attest: s/Marian K. Karr, City Clerk Attest: s/Marian K. Karr, City Clerk N16°31'56"E, a distance of by the requested change. By: s/Ed Cole, OWNER CONDITIONAL ZONING 780.57 feet to a point on the 3. In consideration of the City's AGREEMENT northerly line of said Lot 3, rezoning the subject property, PC -600000312 SEPTEMBER 24 ,2015 THIS AGREEMENT is made between the City of Iowa City, thence S80°01'58"E, a dis- tance of 255.60 feet more or Ed Cole agrees that develop - ment of the subject property Iowa, a municipal corporation (hereinafter "City"), and Ed Cole less, along said northerly line and its southeasterly projec- will conform to all other requirements of the zoning (hereinafter "Owner"). Owner is the legal title tion thereof, to a point which chapter, as well as the follow - WHEREAS, holder of approximately 14.36 is at the Mean High Water Mark of the Iowa River as it is ing conditions: a. Prior to issuance of any acres of property located East of presently located, which is building permit for the Riverside Drive and North of witnessed by a 5/8 inch iron property described McCollister Boulevard; and has rebar set 3 feet, normally dis- herein, compliance with WHEREAS, the Owner requested the approval of a tant, westerly of the Westerly the planned develop - ment overlay Planned Development Overlay Top of Bank of said Iowa River; thence meandering plan attached hereto, which (OPD) plan for a 38 -unit expansion the existing 14.36 acre Cole along said Mean High Water shall include the con - of Line to a point at the Mean struction of a storm Community Mobile Home Park; High Water Mark of said Iowa River which point is wit- shelter and sidewalk along the existing east - and WHEREAS, Iowa Code §414.5 nessed by a 5/8 inch iron rebar set 3 feet normally dis- west private street to Riverside Drive, as well (2015) provides that the City of Iowa City may impose reasonable tant westerly of the Westerly as the resurfacing of Top of Bank of said Iowa said private street; and conditions on granting a rezoning River and is located 193.34 b. Prior to approval of any request, over and above existing regulations, in order to satisfy pub order feet, Sib°32'12"E, of the pre- site plan for the property herein, lot lig needs caused the requested vious witness marker; thence meandering along said Mean described the line between the prop - change; and WHEREAS, the Planning and High Water Line to a point at the Mean High Water Mark of erty described herein and the property to the Zoning Commission has recon- mended approval with appropriate said Iowa River which point is north shall be dissolved the Owner shall conditions addressing the need for witnessed by a 5/8 inch iron rebar set 3 feet normally dis- and receive City Engineer's public safety, adequate pedestrian tant westerly of the Westerly approval of grading and access, and appropriate storm Top of Bank of said Iowa drainage plans. water management; and River and is located 252.45 4. The Owner and City acknowl- feet, S00°38113"W, of the pre- edge that the conditions con- vious witness marker; Thence meandering along said Mean , t S- -4(,3 PEELIMINARY PLANNED DEVELOPMENT OVERLAY PLAN ('01 E'S CO-NIMUNITY NIOBB. ILE OME PARK IN IOWA CITY, TOWA 14-0739 rf hbk I 1 _ �/ i _ )c...11 ME _j lip ... . ..... 100 � r �►�r-..rte®��� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4640, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 24, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. Voparil Deputy City Clerk _�YN_C)4�_ I i (�D Printer's Fee $ CZDy a� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper, I time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this _day of }- A.D 20L_. Notar ub is ADAM JAMES KAHLER Alk Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: ORDINANCENO.15-4840 AN COMMENCING AT THE ORDINANCE CONDITIONALLY NORTHWEST CORNER OF SAID REZONING APPROXIMATELY AUDITOR'S PARCEL 2012062; 33.37 ACRES OF PROPERTY THENCE N88°43'06 -E 373.68 LOCATED ON THE EAST SIDE OF FEET ALONG THE NORTH LINE CAMP CARDINAL ROAD NORTH OF SAID AUDITOR'S PARCEL OF CAMP CARDINAL 2012062 TO THE POINT OF BOULEVARD FROM LOW BEGINNING; DENSITY SINGLE FAMILY THENCE CONTINUING RESIDENTIAL (RS -5) TO N88°43'06"E 1122.53 FEET PLANNED DEVELOPMENT ALONG SAID NORTH LINE TO OVERLAY/Low DENSITY SINGLE THE NORTHEAST CORNER. OF FAMILY RESIDENTIAL (OPD5) SAID AUDITOR'S PARCEL; AND APPROVAL OF THENCE SO°05'11"W 978.41 PRELIMINARY SENSITIVE AREAS FEET ALONG THE EAST LINE OF DEVELOPMENT PLAN. (REZ15- SAID AUDITOR'S PARCEL TO 00013) THE SOUTHEAST CORNER WHEREAS, the applicant, St. THEREOF; Andrew Presbyterian Church, has THENCE N89°19'26"W '985.54 requested a rezoning of property FEET ALONG THE SOUTH LINE located north of Camp Cardinal OF SAID AUDITOR'S PARCEL; Boulevard and east of Camp THENCE N20°09'3WW 377.53 Cardinal Road from Low Density FEET Single Family Residential (RS -5) to THENCE N69°57'10"W 93.62 Planned Development Overlay/Low FEET; Density Single Family Residential THENCE NORTHEASTERLY (OPD5) and approval of a prelimi- 218.76 FEET ALONG THE ARC OF nary Sensitive Areas Development A 233.00 FOOT RADIUS CURVE, Plan; and CONCAVE NORTHWESTERLY WHEREAS, the Comprehensive (CHORD BEARS N25°36'54"E Plan indicates that the area is 210.81 FEET); appropriate for low to medium den- THENCE N1 °16'54"W 364.75 sity single family residential uses; FEET TO THE POINT OF and BEGINNING. WHEREAS, the Planning and SAID PARCEL CONTAINS 26.34 Zoning Commission has the ACRES, SUBJECT TO reviewed the proposed rezoning EASEMENTSAND RESTRICTIONS application and has determined that OF RECORD. it complies with the Comprehensive SECTION II. ZONING MAP. The Plan subject to a sufficient Wetland building official is hereby authorized Mitigation Plan being approved by and directed to change the zoning staff prior to City Council consider- map of the City of Iowa City, Iowa, ation of the application; and to conform to this amendment upon WHEREAS, the Planning and the final passage, approval and Zoning Commission has determined publication of the ordinance as that the proposed rezoning request approved by law. complies with the Comprehensive SECTION III, CONDITIONAL Plan provided that it meets condi- ZONING AGREEMENT The mayor tions addressing the need for public is hereby authorized and directed to safety and adequate public infra- sign, and the City Clerk attest, the structure and utilities; and Conditional Zoning Agreement WHEREAS, Iowa Code §414.5 between the property owners) and (2015) provides that the City of Iowa the City, following passage and City may impose reasonable condi- approval of this Ordinance. tions on granting an . applicant's SECTION IV CERTIFICATION AND rezoning request, over and above RECORDING. Upon passage and existing regulations, in order to sat- approval of the Ordinance, the City isfy public needs caused by the Clerk is hereby authorized and requested change; and directed to certify a copy of this WHEREAS, the owner and appli- cant has agreed that the property ordinance, and record the same in shall be developed in accordance the Office of the County Recorder, with the terms and conditions of the Johnson County, Iowa, at the Conditional Zoning Agreement and Owner's expense, upon the final the preliminary Sensitive Areas passage, approval and publication Development Plan attached hereto of this ordinance, as provided by to ensure appropriate development law. in this area of the city. SECTION V. REPEALER. All ordi- NOW, THEREFORE, BE IT nances and parts of ordinances in ORDAINED BY THE CITY COUNCIL conflict with the provisions of this OF THE CITY OF IOWA CITY, IOWA: Ordinance are hereby repealed. SECTION I APPROVAL, The SECTION VI SEVERABILITY If attached Preliminary Sensitive any section, provision or part of the Areas Development Plan is hereby Ordinance shall be adjudged to be approved. Subject to the Conditional invalid or unconstitutional, such Zoning Agreement attached hereto adjudication shall not affect the and incorporated herein, the prop- validity of the Ordinance as a whole erty described below is hereby or any section, provision or part reclassified from its current zoning thereof not adjudged, invalid or designation of Low Density Single unconstitutional. SECTION VII. EFFECTIVE DATE. Family Residential (RS -5) to Planned Development Overlay/Low Density This Ordinance shall be In effect Single Family Residential (OPD5) after its final passage, approval and PART OF THE WEST FRACTIONAL publication, as provided by law. 1/2 OF THE SOUTHWEST Passed and approved this 15th day QUARTER OF SECTION 7, of September, 2015. TOWNSHIP 79 NORTH, RANGE 6 s/Matthew J. Hayek, Mayor WEST OF THE 5TH PRINCIPAL Attest: s/Marian K. Karr, City Clerk MERIDIAN, AND PART OF AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, cl,­� , 's - --�(. L, 0 Q5 CONDITIONAL ZONING PART OF THE WEST FRACTIONAL Construction plans for Camp AGREEMENT 1/2 OF THE SOUTHWEST Cardinal Road, including the THIS AGREEMENT is made QUARTER OF SECTION 7, water and sewer infrastruc- between the City of Iowa City, Iowa, TOWNSHIP 79 NORTH, RANGE 6 ture, must be approved by a municipal corporation (hereinafter "City") WEST OF THE 5TH PRINCIPAL the City prior to issuance of and St. Andrew Presbyterian MERIDIAN, AND PART Of a foundation permit. Church (hereinafter "Owner'). AUDITOR'S PARCEL 2012062 AS Emergency vehicle access WHEREAS, Owner is the legal title RECORDED IN BOOK 57, PAGE 9 and extension of water lines holder of approximately 33.37 acres IN THE OFFICE OFTHE JOHNSON to the construction site must of property located north of Camp COUNTY, IOWA RECORDER, be complete prior to issu- Cardinal Boulevard and east of IOWA CITY, JOHNSON COUNTY, ance of a foundation permit. Camp Cardinal Road; and IOWA DESCRIBED AS FOLLOWS: A final certificate of occu- WHEREAS, Owner has requested COMMENCING AT THE pancy will not be issued until the rezoning of said property from NORTHWEST CORNER OF SAID these infrastructure improve - Low Density Single Family AUDITOR'S PARCEL 2012062; ments are complete and Residential (RS -5) to Planned THENCE N88°43'06"E 373.68 accepted by the City. Development Overlay Low Density FEET ALONG THE NORTH LINE b. In the event that the owner Single Family Residential (OPD -5) OF SAID AUDITOR'S PARCEL subdivides this property, or and. approval of a Preliminary 2012062 TO THE POINT OF portion thereof, prior to Sensitive Areas Development Plan; BEGINNING; application for any building and WHEREAS, the Sensitive Areas THENCE CONTINUING N88°43'06"E 1122.53 FEET permit, including a founda- tion permit, owner shall pave Development Plan includes wetland ALONG SAID NORTH LINE TO that portion of Camp mitigation and buffer reductions to THE NORTHEAST CORNER OF Cardinal Road adjacent to allow construction of a church and SAID AUDITOR'S PARCEL; any and all platted, num- associated parking lots; and THENCE SO°05'11"W 978.41 bered lots and pave any WHEREAS, the Planning and FEET ALONG THE EAST LINE OF internal streets (e.g. Elder Zoning Commission has determined SAID AUDITOR'S PARCEL TO Drive, as shown on the that the proposed rezoning request THE SOUTHEAST CORNER Preliminary Sensitive Areas complies with the Comprehensive THEREOF; Development Plan, attached Plan provided that it meets condi- THENCE N89°19'26"W 985.54 hereto), to City collector tions addressing the need for ade- FEET ALONG THE SOUTH LINE street standards. Storm quate public infrastructure and utili- OF SAID AUDITOR'S PARCEL; sewer and waterlines shall ties; and THENCE N20°09'30"W 377.53 be extended within these WHEREAS, the Planning and Zoning Commission has also rec- FEET; THENCE N69°57'10"W 93.62 same improvement limits. _ ommended approval of the request- FEET; These improvements shall ed zoning subject to a sufficient THENCE NORTHEASTERLY be considered part of the Wetland Mitigation Plan being 218.76 FEET ALONG THE ARC OF public improvements for the approved by staff prior to City A 233.00 FOOT RADIUS CURVE, first phase of any such sub - Council consideration of the appli- CONCAVE NORTHWESTERLY division, and construction cation; and WHEREAS, Staff subsequently (CHORD BEARS N25°36'54"E shall be governed by the terms of a subdivider's approved a wetland mitigation plan 210.81 FEET); THENCE N1°16'54"W 364.75 agreement, which shall for this development; and FEET TO THE POINT OF require the public improve - WHEREAS, Iowa Code §414.5 BEGINNING. ments be installed prior to (2015) provides that the City of Iowa City may impose reasonable condi- SAID PARCEL CONTAINS 26.34 issuance of any building per - mit on any lots in the subdi- tions on granting an owner's rezon- ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS vision unless aimprove- request, over and above existing RECORD. i mentsing escrows provided regulations, in order to satisfy public 2. 2. Owner acknowledges that the under the terms set forth in needs caused by the requested City wishes to ensure confor- said subdivider's agreement. change; and mance to the principles of the 4. The Owner and City acknowl- WHEREAS, Owner acknowledges Comprehensive Plan. Further, edge that the conditions con - that certain conditions and restric- the parties acknowledge that tained herein are reasonable tions are reasonable to ensure the Iowa Code §414.5 (2015) pro- conditions to impose on the development of the property is con- vides that the City of Iowa City land under Iowa Code §414.5 sistent with the Comprehensive Plan and its requirements for the may impose reasonable condi- (2015), and that said conditions satisfy public needs that are installation of adequate infrastruc- tions on granting an owner's rezoning request, over and caused by the requested zon- ture and utilities; and WHEREAS, Owner acknowledges above the existing regulations, ing change. 5. The Owner and City acknowl- the need to improve Camp Cardinal in order to satisfy public needs caused by the requested edge that in the event the sub - Road to provide street access to change. ject property is transferred, this property; and 3. In consideration of the City's sold, redeveloped, or subdivid- WHEREAS, Owner recognizes that rezoning the subject property, ed, all redevelopment will con - the extension of water and sewer Owner agrees that develop- form to the terms of this lines is, necessary for the future ment of the subject property Conditional Zoning Agreement. development of surrounding proper- will conform to all other require- 6. The parties acknowledge that ties; and WHEREAS, Owner agrees to mes of the zoning chapter, as this Conditional Zoning Agreement shall be deemed to develop this property in accordance well as the following conditions: a. In the event that the owner be a covenant running with the with the terms and conditions of a desires to develop any por- land and with title to the land, Conditional Zoning Agreement. tion the property prior to and shall remain in full force NOW, THEREFORE, in consider- platting, owner shall pave and effect as a covenant with ation of the mutual promises con- that portion Camp title to the land, unless or until tained herein, the parties agree as Cardinal Road adjacent to released of record by the City of follows: 1. St. Andrew Presbyterian Church the property described above to City collector Stan- Iowa City. The parties further acknowledge is the legal title holder of the dards. Storm sewer and that this agreement shall inure to property legally described as waterlines shall also be the benefit of and bind all succes- the following: extended within these same sors, representatives, and assigns LEGAL DESCRIPTION - OPD -5. SENSITIVE AREAS ZONING: improvement limits. of the parties. 7• The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be con- a t b strued to relieve the Owner from complying with all other applicable local, state, and fed- eral regulations. 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 publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 15th day of September, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ST. ANDREW PRESBYTERIAN CHURCH By: s/John Roffman, Building Chair Pa -6000048311 SEPTEMBER 24 ,2015 Continued on next page Q�11z . i s - Lt 6 `+0 ,0,0 0 . n N X$ Pyy1y$y$ s g 1 lipo.A ,0,0 0 . n pckc3c aha Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attachedwas published in said paper= time(s), on the following date(s): C'1 -..� tl _ 1 <�- Legal Clerk Subscribed and sworn to before m4N!otPublic day of ��. ADAM JAMES KAHLER Commission Number 785381 Wi My Commission Expires El, 08!04/2017 N 0 N CL E 0 c .0 0 U , is -4 (o '140 a— =� P ZM- I* I-A! Ift 0 0i=1 - %sulk_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4641, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 24, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. 'Ju4e K. Vopari Deputy City Clerk Qna.kS-9b.t( Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID442-0330670 I, <E" C rOLA being duly sworn, say that 11am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this 2L-/ day of A. . 20 Nota ADAM JAMES KAHLER Commission Number 785381 Nw" My Commission Expires A 08/04/2017 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 15-4641 AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS FOR SUCH USES. WHEREAS, Iowa City, similar to other cities across the country, have experienced an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar com- mercial uses; and WHEREAS, rooftop service areas (RSAs) offer a similar outdoor atmosphere and add to the vibrancy of commercial areas and are particularly attractive in urban settings where ground level outdoor space on private property is limited; and WHEREAS, due to the concentration of drinking establishments in the downtown area, many are considered nonconforming with regard to the required 500 foot spacing requirement, so without an amendment to the zoning ordinance, any expansion to include a rooftop service area would not be allowed due to the prohibition against expansion of nonconforming uses; WHEREAS, while rooftop service areas may be a desirable use in certain areas, for larger rooftop service areas or for those associated with late night operations, such as bars, careful consid- eration of location, proximity to residential uses, hours of operation, design, noise, and accessibility need to be taken into account and therefore consideration of each on a case by case basis through the special exception process is warranted; and WHEREAS, for smaller rooftop service areas with limited hours of operation or for certain uses, such as hotels, that are likely to take potential externalities into account due to presence of overnight guests, a less stringent administrative design review process is appropriate; and WHEREAS, noise control and use of amplified sound is of particular concern due to the potential for sound to travel further from elevated locations, so special attention is needed when con- sidering design of these spaces to prevent nuisance noise and amplified sound should only be allowed with oversight by the City through a temporary use permit or through special provisions reviewed administratively by the City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Article 14-9A, General Definitions, adding the following definition, as follows: Rooftop Service Area (RSA): An accessory use to an Eating or Drinking Establishment, Commercial Recreational Use, Hospitality -Oriented Retail Use or similar principal use that is designed as an outdoor seating or gathering space located on a rooftop or upper floor terrace of a build ing, and that is open to the public for events, entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or upper floor terraces intended for private use by the residents or occupants of a building are not considered RSAs. If the RSA is accessory to an establishment that is licensed by the State to sell alcoholic beverages, it is considered a type of "Outdoor Service Area" as defined in Section 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. B. Amend Section 14-4C-2, adding a new subsection V to allow rooftop service areas as accessory uses in specific zoning districts and establish specific approval criteria for RSAs, as follows: V. Rooftop Service Areas (RSAs) Rooftop Service Areas (RSAs), as defined in Article 14-9A, are allowed in accordance with the regulations indicated in this subsection and Table 4C-2. Where a RSA is allowed as a provi- sional use, the application for such approval shall be administered through the Design Review process. Where a RSA is allowed only by special exception, an application for such approval must be reviewed and approved by the Board of Adjustment. Any RSA accessory to a use that is licensed by the State to sell alcoholic beverages is considered a type of "outdoor service area," as defined in Title 4-1-1, and is subject to the applicable regulations in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for nonconforming Drinking Establishments, as set forth in paragraph 2, below. Table 4C-2 Rooftop Service Argas (RSAs) Zone General Rules Requirements ID Zones, 1-1,1-2 None permitted Not applicable Residential Zones None Permitted Not applicable CO -1, CN -1, MU, RFC -G Allowed as Provisional Uses Compliance with approval criteria listed below. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in Title 4, Alcoholic Beverages. Maximum Occupancy. 30, or the max. occupancy for the principal use, whichever is less. Hours of Operation limited to: 10:00 AM to 10.00 PM or when the kitchen is closed, whichever is more restrictive. CI -1, CC -2, CH -1, CB -2, CB -5 Allowed as Provisional Uses within the hours of operation and occupancy Compliance with approval criteria listed below. RDP, ORP limits stated in this Table. A RSA operating outside of the hours of For RSAs serving alcohol, compliance with applicable regulations for operation or occupancy limits set forth in this table may be allowed by outdoor service areas in Title 4, Alcoholic Beverages. special exception. However, if located within 100 feet of a residential Maximum Occupancy. 30, or the max. occupancy for the principal use, zone, no special exception is allowed. whichever is less. Hours of Operation limited.to: 10:00 AM to 10:00 PM or when the kitchen is closed, whichever is earlier. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in 14-48-3. RFC Zones, except RFC -G If accessory to: Compliance with approval criteria listed below. Hospitality -Oriented Retail Use: Allowed as a provisional use in For RSAs that require a special exception, compliance with the general accordance with the hours of operation set forth in this table. A RSA special exception approval criteria set forth in 14-4B-3. operating outside these hours may be allowed as a special exception. For RSAs serving alcohol, comeliance with applicable regulations for CommercialRecreational Use or Eatig Establishment. Allowed as a outdoor service areas in Title 4, Alcoholic Beverages. Provisional Use, provided the RSA has an occupancy limit of 30 people Hours of Operation limited to: or less and is in accordance with the hours of operation set forth in this 10:00 AM to 10:00 PM - Sunday -Thursday table. A RSA operating outside of these hours of operation or occupancy 10:00 AM to 12:00 Midnight - Friday, Saturday, or when the kitchen is limits may be alllowed by special exception. closed, whichever is earlier. Drinking Establishment or other principal use not listed above: Allowed If located within 100 feet of a residential zone, the maximum occupancy only by special exception. 'shall be 30 and the hours of operation shall be limited to 10:00 AM to 10:00 PM daily or when the kitchen is closed, whichever is earlier. These limits may not be exceeded by special exception. CB -10 If accessory to: Compliance with approval criteria listed below. Hospitality -Oriented Retail Use: Allowed as a provisional use. For RSAs that require a special exception, compliance with the general Commercial Recreational Use or Eating Establishment. Allowed as a special exception approval criteria set forth in 14-4B-3. Provisional Use, provided the RSA has an occupancy limit of 50 people For RSAs serving alcohol, compliance with applicable regulations for or less. A special exception is required for RSAs proposed to exceed this outdoor service areas in Title 4, Alcoholic Beverages. occupancy limit. If located within 100 feet of a residential zone, maximum occupancy is 30 Drinking Establishments or other principal uses not listed above: Allowed and hours of operation limited to 10:00 AM to 10.00 PM daily or when the only by special exception. kitchen is closed, whichever is more restrictive. These limits may not be exceeded by special exception Approval Criteria for Rooftop Service Areas a. Accessibility The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided. b. Design The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan will the application for a RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscap ing elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the Board of Adjustment mai impose additional or more restrictive conditions to mitigate any anticipated externalities, including but not limited to restrictions on hours of operation, lighting, size, occupancy load, ani setback and screening requirements. 1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located do floors in between the RSA and the use tc which it is accessory. 2) The RSA must be setback from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established it a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. 3) The RSA must be set back a minimum of 10 feet from the street -facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or roof. top. A design of the proposed buffer and screen wall shall be submitted with the application. 4) The lighting must comply with Article 14-513, Outdoor Lighting Standards. Except for any lighting required by the building code, lights must be turned off when the RSA is not it operation. A lighting plan shall be submitted that illustrates compliance with these standards. 5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in 14-9A. c. Management 1) For RSAs that are also outdoor service areas, as defined in Title 4, there must be a RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the City may require immediate changes to the management plan and/or the number of monitors_ to remedy the situation and reserves the right to suspend or revoke the RSA permit. 2) In the CB -10 Zone, where the building containing the RSA abuts oris directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to 10:00 AM to10:00 PM Sunday through Thursday and 10:00 AM to 12:00 midnight Friday anc Saturday. d. Food Service If alcohol is being served, food service must be provided. Prior to approval of a RSA, the applicant must submit evidence indicating how this requirement will be met. e. Noise The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar may be required Evidence of such a noise mitigation plan must be included with a RSA application. In addition, after a RSA is established, the City reserves the right to require additional measures tc remedy any violation of the City's noise or nuisance ordinance, as determined by the City. f. Amplified Sound Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality - oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB -10 Zone, subject to the limitations set forth below. RSAs accessory to Hospitality -Oriented Retail Uses are not required to obtain a temporary use permit, but must comply with the City's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for a RSA it the CB -10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality -oriented use. Permits for amplified sound are subject to the standards and restric- tions set forth below and the general approval criteria for temporary uses as set forth in Article 14-4D. A temporary use permit may be denied or rescinded at the discretion of the City if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. 1) If a RSA is located within 300 feet of a residential zone, amplified sound is prohibited; 2) The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM; 3) No live entertainment using amplification shall be allowed; 4) Amplified sound may be restricted or prohibited during public events, festivals or concerts; 5) The applicant must demonstrate to the satisfaction of the City that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. Additional Special Exception Approval Criteria for Nonconforming Drinking Establishments A RSA accessory to a nonconforming Drinking Establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in 14-46- 3, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contigubus means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. b. There shall be no horizontal expansion of the licensed drinking establishment; c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows: • Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business District (CB -10), subject to the standards and restrictions set forth in Section 14 -4C -2V, Rooftop Service Areas, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety of the public. D. Delete 14 -4E -5A-1, and substitute in lieu thereof: 1. A nonconforming use shall not be enlarged, except as set forth in this Section 5. E. Amend subsection 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales -Oriented Retail Uses, by adding a new paragraph 4, as follows: 4. Non -conforming Drinking Establishments may expand to include a rooftop service area upon approval of a special exception pursuant to the criteria set forth in 14-4C, Accessory Uses. F. Amend Design Review Article, Section 14 -3C -2A, adding a paragraph 11, as follows: 11. Rooftop Service Areas as set forth in 14-4C, Accessory Uses. G. Amend Design Review Article, Section 14 -3C -3A-1 a, to require a Level 1 Design Review for rooftop service areas by adding a paragraph 12 as follows: (12) Rooftop Service Areas as set forth in 14-4C, Accessory Uses. H. Amend Design Review Article, Section 14 -3C -3B, setting forth design review approval criteria for rooftop service areas by adding a paragraph 10, as follows: 10. Rooftop Service Areas allowed as provisional uses according to approval criteria set forth in 14-4C, Accessory Uses. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 15th day of September, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk P°-6000W2W SEPTEMBER 24,2015 ► r 1 ®ter In; CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4642, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of September, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 24, 2015. Dated at Iowa City, Iowa, this 8th day of October 2015. Juli6 K. Voparil Deputy City Clerk ts. Amend the Regulations of OFFICIAL PUBLICATION Outdoor Service Areas para - ORDINANCE NO. 15-4842 graph 4-3-1C-1, by adding a AN ORDINANCE AMENDING new sub -paragraph d. as fol - TITLE 4, ALCOHOLIC lows, and re -numbering subse- BEVERAGES, TO ACKNOWLEDGE quent subparagraphs accord - AND CROSS-REFERENCE AMENDMENTS PROPOSED TO ingly: d. An outdoor service area THE ZONING CODE ALLOWING may be located on a roof - ROOFTOP SERVICE AREAS AND top if it is in compliance / CSG Printer's Fee $ b l t AMENDMENTS TO TITLE 10, with the standards of this Title and the applicable __ PUBLIC WAYS AND PROPERTY, TO ALLOW SIDEWALK CAFES IN standards and approval CERTIFICATE OF PUBLICATION THE RIVERFRONT CROSSINGS processes for Rooftop DISTRICT. Service Areas, as set forth STATE OF IOWA, WHEREAS, Iowa City, similar to in Article 14-4C, Accesson Uses. Note that a specia other cities across the country, has exception may be required JOHNSON COUNTY, SS: experienced an increased demand for outdoor seating areas associat- C. Delete the current locatior ed with restaurants, bars, hotels, restriction for outdoor service THE IOWA CITY PRESS -CITIZEN and similar commercial uses; and areas set forth in 4 -3 -1C -1e(1) WHEREAS, rooftop service areas and substitute in lieu thereof: FED.ID#42-0330670 offer a similar outdoor atmosphere and add to the vibrancy of commer- (1) For outdoor service area: cial areas and are particularly attrac- located in the RFC -G Zone hours of operation are lim C✓Gsb tive in urban settings where ground - ited to,7:00,AM to 10:0( level outdoor space on private prop- PM daily, or when the being duly sworn, say thak I am erty is limited; and kitchen is closed, whichev. the legal clerk of the IOWA CITY WHEREAS, similar to outdoor seating areas located at the ground er is more restrictive. For al other RFC Zones, hours o PRESS -CITIZEN, a newspaper level, owners of establishments that have rooftop service areas may wish operation for outdoor ser published in said county, and to serve alcoholic beverages in the vice areas are limited tc 7:00 AM to 10:00 PM or rooftop seating areas; and Sundays througt that a notice, a printed copy of WHEREAS, outdoor areas where Thursdays; and 7:00 AM tc which is hereto attached, was alcoholic beverages areas are served for on-site consumption are 12:00 Midnight on Friday: and Saturdays, or when the in defined as "outdoor service areas" kitchen is closed, whichev published said paper_ and rules for these areas are set er is more restrictive time(s), on the following date(s): forth in Title 4, Alcoholic Beverages; However, if an outdoor ser �1 1 and WHEREAS, in order to allow ser- vice area is located withir 100 feet of a residentia vice of alcohol in rooftop service areas, it is necessary to amend Title zone, hours of operation are limited to 7:00 AM tc V-0)4 to acknowledge and clarify the 10:00 PM daily, or when the standards for this new type of out- kitchen is closed, whichev door seating area and cross refer- er is more restrictive. ence the zoning standards that D. Delete the noise restrictions fo Legal Clerk apply; and WHEREAS, a provision that outdoor service areas in para graph 4-3-1C-5, and substitute requires establishments that serve in lieu thereof: Subscribed and sworn to alcohol to be located entirely on the 5. Noise Restrictions 2`F ground floor of buildings with win- Compliance with the Cit) before me this day of dows allowing views into the interior noise ordinance shall be space is obsolete as changes to required. Amplified sounc �}� p 20� police procedure have since shall be prohibited in out �` addressed concerns about estab- door service areas, excep G--�` lishments that are located either for limited use in rooftol N ry ublic above or below the ground level service areas as set forth it floor. In addition, the provision has 14-4C, Accessory Uses been rendered virtually meaningless and 14-4D, Temporan by repeated amendments over the Uses. years allowing numerous exemp- E. Delete paragraph 10-3-3A tions to this rule, so it is in the inter- allowing for sidewalk cafes it .....� ests of the City to delete this certain public rights-of-way requirement in its entirety rather and substitute in lieu thereof: ica►HLER than to create one more exemption A. Sidewalk cafes are permit ADAM JAMES from this rule for rooftop service ted in the public right -of �i Commission Number 785381 areas; and WHEREAS, way only in the Centra the redevelopment in Business Zones (CB -2 + My Commission Expires the Riverfront Crossings District is likely to increase CB -5, and CB -10 zones 08/0412017 demand for side- walk cafes in areas where mixed- and in the Riverfron Crossings District. use and commercial buildings are F. Delete the current hours o being encouraged; and operation limitations for side WHEREAS, sidewalk cafes are a walk cafes paragraph 10-3-3G. desirable use to encourage active, and substitute in lieu thereof: pedestrian -friendly streets; and G. In the Central Business Zones WHEREAS, Title 10 sets forth the sidewalk cafes shall operate zones and locations where sidewalk only between the hours o cafes are allowed on public proper- seven o'clock (7:00) A.M. anc ty, so in order to allow sidewalk twelve o'clock (12:00) midnight cafes in the Riverfront Crossings In the Riverfront Crossing: District, Title 10 must be amended. District, sidewalk cafes shal NOW, THEREFORE, BE IT operate only between the hour: ORDAINED BY THE CITY COUNCIL of 7:00 A.M. and 10:00 P.M. it OF THE CITY OF IOWA CITY, IOWA: the RFC -G Zone. In all othe SECTION I. The Code of RFC Zones sidewalk cafes shal Ordinances of the City of Iowa City, operate only between the hour: Iowa is hereby amended as follows: of 7:00 AM and 10:00 PN A. Delete paragraph 4-2-2B. Sunday through Thursday anc between the hours of 7:00 AN and 12:00 midnight Friday anc Saturday. SECTION II. REPEALER. All ordi nances and parts of ordinances it conflict with the provisions of thie Ordinance are hereby repealed. SECTION III. SEVERABILITY. If am, section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, suct adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or par thereof not adjudged invalid o unconstitutional. SECTION IV. EFFECTIVE DATE This Ordinance shall be in effec after its final passage, approv-a and publication. Passed and approved this 15tt day of September, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000W285 SEPTEMBER 24.201? � r CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4643, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of October, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 15, 2015. Dated at Iowa City, Iowa, this 16th day of November 2015. V J -0 -11d K. Voparil Deputy City Clerk Printer's Fee $ __._S_Qo_q CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID442-0330670 I, l(ON being duly sworn, say tha lam the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): L Legal Clerk Subscribed and sworn to before me this S� day of C D.20_. No ryIblic ADAM JAMES KAHLER Commission Number 785381 =�g ' My Commission Expires 08/04/2017 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.15-4643 rezoning request, over and above AN ORDINANCE REZONING existing regulations, in order to sat - APPROXIMATELY 1.45 ACRES OF isfy public needs caused by the PROPERTY FROM COMMUNITY requested change; and COMMERCIAL (CC -2) TO WHEREAS, the owners have RIVERFRONT CROSSINGS - agreed that the property shall be WEST RIVERFRONT (RFC -WR) developed in accordance with the ZONE LOCATED AT THE terms and conditions of the NORTHWEST CORNER OF Conditional Zoning Agreement BENTON STREET AND attached hereto, to satisfy public RIVERSIDE DRIVE (REZ15-00015). needs caused by the requested WHEREAS, the applicant, Kum & development to ensure appropriate Go, L.C., has requested a rezoning development in this area of the city. of property located at the NW cor- NOW, THEREFORE, BE IT ner of West Benton Street and ORDAINED BY THE CITY COUNCIL South Riverside Drive from OF THE CITY OF IOWA CITY, IOWA: Community Commercial (CC -2) to SECTION I APPROVAL. Subject to Riverfront Crossings - West the Conditional Zoning Agreement Riverfront (RFC -WR); and attached hereto and incorporated WHEREAS, the Downtown and herein, property described below is Riverfront Crossings Master Plan hereby reclassified from its current was adopted in January 2013 as an zoning designation of Community integral part of the City's Commercial (CC -2) to Riverfront Comprehensive Plan and the sub- Crossings - West Riverfront (RFC- ject property is located in the West WR): Riverfront Subdistrict of the LEGAL DESCRIPTION Riverfront Crossings District; and THAT PORTION OF BLOCK 1, WHEREAS, the Riverfront CARTWRIGHT'S ADDITION, IOWA Crossings - West Riverfront (RFC- CITY, IOWA, ACCORDING TO THE WR) Zone was developed to help PLAT THEREOF RECORDED IN implement the vision of the BOOK 13 AT PAGE 4.32, DEED Riverfront Crossings Master Plan by RECORDS OF JOHNSON COUNTY, encouraging redevelopment that IOWA, THAT IS DESCRIBED AS will create a more pedestrian -friend- AUDITOR'S PARCEL 2013055 ON ly character along Riverside Drive PLAT OF SURVEY RECORDED IN by enhancing the streetscape and BOOK 58 AT PAGE 37, PLAT overall aesthetics, tempering auto- RECORDS, JOHNSON COUNTY, dominated frontages by locating IOWA. buildings closer to the street with And parking behind or to the side of LOTS 2 AND 3 IN BLOCK 1 IN buildings, and creating a place CARTWRIGHT'S ADDITION TO where people can live close to the IOWA CITY, AND THE EAST 7 1/2 Iowa River and to shopping, restau- FEET OF THAT PART OF THE rants, and other services; and ALLEY IN SAID BLOCK 1, WHEREAS, the requested rezon- ABUTTING SAID LOTS 2 AND 3 ON ing will result in redevelopment that THE WEST, ALL ACCORDING. TO will significantly increase vehicular, THE RECORDED PLAT THEREOF pedestrian, and bicycle traffic to the RECORDED IN BOOK 3, PAGE 207, site at this intersection of two arte- PLAT RECORDS OF JOHNSON rial streets, which are currently too COUNTY, IOWA; narrow to provide safe pedestrian EXCEPTING THAT PROPERTY routes to accommodate this CONVEYED TO THE STATE OF increase in commercial activity; and IOWA BY WARRANTY DEED DATED WHEREAS, the current site has AUGUST 3, 1960, RECORDED IN multiple driveways that access BOOK 245, PAGE 29, DEED Benton Street and Riverside Drive RECORDS OF JOHNSON COUNTY, that do not meet current access IOWA; managements standards with regard to vehicular and pedestrian AND ALSO EXCEPTING THAT safety and circulation; and PORTION ACQUIRED BY THE WHEREAS, the Planning and STATE OF IOWA THROUGH Zoning Commission has reviewed CONDEMNATION PROCEEDINGS the proposed rezoning and deter- FILED OF RECORD DECEMBER 15, mined that it complies with the 1989, RECORDED IN BOOK 1039, Comprehensive Plan, provided land PAGE 174, JOHNSON COUNTY, is dedicated to the City to widen the IOWA Riverside Drive and Benton Street rights-of-way to create a larger And landscape buffer between the traffic LOTS 4 AND 5 IN BLOCK 1 lanes and the public sidewalk and CARTWRIGHT'S ADDITION TO driveways are consolidated and IOWA CITY, IOWA, ACCORDING TO new access points are located to THE PLAT THEREOF RECORDED address public safety concerns; and IN DEED BOOK 13, PAGE 432, WHEREAS, Iowa Code §414.5 RECORDS OF JOHNSON COUNTY, (2015) provides that the City of Iowa IOWA. ALSO A TRACT OF LAND 15 City may impose reasonable condi- FEET WIDE EAST AND WEST BY 57 tions on granting an applicant's FEET LONG NORTH AND SOUTH OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IVV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of brdinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of October, 2015. s/Matthew J. Hayek, Mayor Attest: s/Julie Voparil, Deputy City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a munic- ipal corporation (hereinafter "City"), Hartwig Properties, L.L.P., Kum & Go, L.C., and KG Store 422, L.L.C. (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are the collec- tive legal title holders of approxi- mately 1.45 acres of property locat- ed at the northwest corner of Riverside Drive and West Benton Street in Iowa City; and WHEREAS, Owners have request- ed the rezoning of said property from Community Commercial (CC - 2) to Riverfront Crossings - West Riverfront (RFC -WR); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding traffic and pedestrian safety, the requested zoning is con- sistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable condi- tions on granting a rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowl- edge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for traffic and pedestrian safety along these arte- rial street corridors; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Hartwig Properties LLP, Kum & Go L.C. and KG Store 422 LLC are the legal title holders of the properties legally described as follows: THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA. And LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON COUNTY, IOWA; EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH C O N D E M N AT I O N PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA And LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED- IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414, JOHNSON COUNTY, IOWA. The Owners acknowledge that the City wishes to ensure con- formance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions in grant- ing a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. In consideration of the City's rezoning the subject property, Owners agree that develop- ment of the subject property will conform to the zoning code, as well as the following condi- tions to be satisfied prior to issuance of any building permit for the subject property: a. Owners shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive and Benton Street frontage to the City as public right-of-way; and b. The existing curb cuts to Benton Street shall be closed and no vehicular access along the Benton Street frontage shall be allowed; and c. The existing curb cuts to Riverside Drive shall be closed and a new vehicular access point established in a location away from the Benton Street intersection approved by City staff; and d. The existing curb cuts to Orchard Street shall be closed and a new vehicular access point established in a location that best meets on and off-site traffic safety and circulation needs, as deter- mined by the City staff. 4. The Owners and City acknowl- edge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zon- ing change. 5. The Owners and City acknowl- edge that in the event the sub- ject property is transferred, sold, redeveloped, or subdivid- ed, 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 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 recons by the City of Iowa City. The parties further acknowledge that this agree- ment shall inure to the benefit of and bind all successors, repre- sentatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owners from complying with all other applicable local, state, and fed- eral regulations. 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 publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 6th day of October, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Julie Voparil, Deputy City Clerk OWNERS s/Kevin L. Hartwig By: Hartwig Properties LLP s/Charles W. Campbell By: Kum & Go L.0 s/Charles W. Campbell By: KG Store 422 LLC pc_� OCTOBER 15, 2015 P 1 -.�.�._mom CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4644, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of October, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 15, 2015. Dated at Iowa City, Iowa, this 16th day of November 2015. Ju ' K. Voparil Deputy City Clerk Printer's Fee $ Q"I , 6 — l CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I a the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): ID -IC- lS Legal Clerk Subscribed and sworn to before me this ) day of Notar ubl EV{e;i+�ilJer !':.+idVV1 My Gorrjr'l ssion Exvires 08,10412017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4644 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, TO CLARIFY INAPPLICABILITY TO TASTING EVENTS. WHEREAS, the City has long pro- hibited all -you -can -drink specials, due to the binge drinking they can encourage; and WHEREAS, the Iowa Alcoholic Beverage Division has proposed new rules relating to Sampling, Tasting, and Trade Spending, which both define and regulate tasting events; and WHEREAS, the City's drink spe- cial ordinance has not, in the past, been read to prohibit tasting events as part of community -wide attrac- tions, but the City wishes to clarify the ordinance to make clear that tasting events, as defined and reg- ulated by the Iowa Alcoholic Beverage Division, are not prohib- ited by the City's drink special ordinance when they are communi- ty -wide in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, is hereby amend- ed by deleting subsection B in its entirety, and substituting the fol- lowing language: B. Exceptions: Nothing in subsec- tion A of this section shall be con- strued to prohibit any of the follow- ing: 1. The holder of a liquor control license, or wine, or beer per- mit, or its employees or agents, from including serv- ings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. 2. An Authorized Entity, as defined in 4-5-3, from hosting a tasting event, as defined and regulated by the Iowa Alcoholic Beverage Division, as part of a community -wide attraction that supports the economic vitality of the down- town. 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 6th day of October, 2015. s/Matthew J. Hayek, Mayor Attest: s/Julie Voparil, Deputy City Clerk. PC-fi00W N6 OCTOBER 15, 2015 STATE OF IOWA JOHNSON COUNTY ) ) SS r m- � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 3S6-5000 (319) 356-5009 FAX W Ww. icgov.org I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4645, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of October, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 29, 2015. Dated at Iowa City, Iowa, this 16th day of November 2015. Voparil Deputy City Clerk Printer's Fee $ _ �0 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say tha I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I -- time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this " day of I t A.D. 20 1 S�- . Notary Public A}.jMv; AMES KAHLER Z Cori tmis icn Number 785381 ry y Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4645 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 18.66 ACRES OF PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY, FROM COUNTY MULTIFAMILY RESIDENTIAL (RMF) TO 16.75 ACRES LOW DENSITY SINGLE FAMILY (RS5) AND 1.91 ACRES LOW DENSITY MULTIFAMILY (RM12). (REZ15- 00014/ANN15-00001) WHEREAS, the applicant, CBD LLC has requested a rezoning of an 18.66 acre property located south of Herbert Hoover Highway from County Multifamily Residential (RMF) to 16.75 acres Low Density Single family (RS5) and 1.91 acres Low Density Multifamily (RM12); and WHEREAS, the Comprehensive Plan and Northeast District future land use maps identify the City's intention to incorporate the subject property and the surrounding prop- erties into the city; and WHEREAS, in compliance with the Comprehensive Plan annexation policies and subdivision regula- tions, the developer will be respon- sible for providing sanitary sewer and water service, and will contrib- ute to the future improvement of Herbert Hoover Highway; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pro- vided that it meets conditions addressing the need for the approval of a development plan to ensure neighborhood compatibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to ensure pedestrian safe- ty and accessibility; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy pub- lic needs caused by the requested change; and WHEREAS, the owner has agreed that the property shall be devel- oped in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of County Multifamily Residential (RMF) to 16.75 acres Low Density Single Family Residential (RS5) and 1.91 acres Low Density Multifamily Residential (RM12): LEGAL DESCRIPTION - ZONING frRACT #1) RM -12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, �3, \Qk3 JOHNSON COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT- OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THENCE CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'36"W, 379.09 FEET; THENCE S76"10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28°45'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63°12'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF- WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87"52'41 "E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET, THENCE N89"41'57"E, ALONG . SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF ,)3EGINNING, CONTAINING ,91 RES. -t, rmACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER, 661.53 FEET; THENCE N00°42'12"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 31.12 FOOT CHORD BEARS N58"25'47"E; THENCE S31 °50'05"E, 59.61 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, C:!)x-A CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS S28°45'31 "E; THENCE N76°10'00"E, 190.89 FEET; THENCE N89°52'36"E, 379.09 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7; THENCE S00°43'54"E, ALONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CONTAINING 16.75 ACRES. SECTION ll. ZONING MAP. The building official is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and apprwaf of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. S ON VII. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of October, 2015. 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"), CBD, LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 18.66 acres of property located south of Herbert Hoover"Highway; and 'WHEREAS,the Owner haig requested the rezoning of said property from County Multifamily Residential (RMF) to 16.75 acres of Low Density Single Family Residential (RS5) and 1.91 acres of Low Density Multifamily (RM12); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pro- vided that it meets conditions J addressing the need for a develop- FEET, ALONG SAID SOUTH ment plan to ensure neighborhood RIGHT-OF-WAY LINE, AND 3. In consideration of the City's compatibility and the installation of AN ARC OF A 1085.92 FOOT rezoning the subject proper - a pedestrian sidewalk along RADIUS CURVE, CONCAVE ty, Owner agrees that devel- Herbert Hoover Highway to ensure SOUTHEASTERLY, WHOSE opment of the subject prop - pedestrian safety and accessibility; 232.41 FOOT CHORD erty will conform to all other and BEARS N81'1 5'33"E; requirements of the zoning WHEREAS, Iowa Code §414.5 THENCE S87°52'41 "E, chapter, as well as the fol - (2015) provides that the City of ALONG SAID SOUTH RIGHT- lowing conditions: Iowa City may impose reasonable OF -WAY LINE, 97.67 FEET; A. The developer shall pro - conditions on granting a rezoning THENCE N89°41'57 E 4LON(V.SAID SOUTH RIG vide pedestrian access request, over and above existing LINE, 253.02 FEE`' along Herbert Hoover regulations, in order to satisfy pub- lic needs caused by the requested _;VF -W TO SAID POINT OF'' Highway connecting the change; and BEGINNING, CONTAINING subject land to the city WHEREAS, the Owner acknowl- 1.91 ACRES. sidewalk system. Said edges that certain conditions and I EGA[- DESCRIPTION - ZONING (TRACT #21 RS -5 access shall be con - structed concurrently with restrictions are reasonable to ensure the development of the BEGINNING AT THE the public improvements property is consistent with the SOUTHEAST CORNER OF for any subdivision of the Comprehensive Plan and the need THE NORTHEAST ONE- subject land. The devel- for contiguous infrastructure sys- QUARTER OF THE NORTHWEST ONE- oper will be responsible for acquiring any neces- tems, compatible development, and pedestrian accessibility; and QUARTER OF SECTION 7, sary property rights from WHEREAS, the Owner agrees to TOWNSHIP 79 NORTH, intervening property own - develop this property in accor- RANGE 5 WEST, OF THE ers, including Johnson County, at developer's dance with the terms and condi- FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; cost. The City will grant tions of a Conditional Zoning Agreement. THENCE N88°13'08"W, any temporary construc- NOW, THEREFORE, in consider- ALONG THE SOUTH LINE OF SAID NORTHEAST ONE- tion easement to the Developer to the extent ation of the mutual promises con- QUARTER OF THE that this access is pro - tained herein, the parties agree as NORTHWEST ONE- vided within City -owned follows: 1. CBD, LLC is the legal title QUARTER, 661.53 FEET; public right-of-way. The holder of the property legally THENCE N00142'12"W, OF +' final design align - ment_pf # id a h described as ALONG THE WEST LINE " Y' .11 ` be suboawvqpWal by LEGAL DESCRIPTION - ZONING (TRACT #1) RM -12 THE EAST ONE-HALF OF THE SAID NORTHEAST the City Engineer. COMMENCING AT THE ONE-QUARTER OF THE Modification to City stan- NORTH QUARTER CORNER NORTHWEST ONE- dards regarding align - OF SECTION 7, TOWNSHIP QUARTER OF SECTION 7, A ment, location and eleva- 79 NORTH, RANGE 5 WEST, DISTANCE OF 1154.79 FEET, tion of the sidewalk may OF THE FIFTH PRINCIPAL TO ITS INTERSECTION WITH be approved to avoid MERIDIAN, JOHNSON THE SOUTHERLY RIGHT- existing utilities that are COUNTY, IOWA; THENCE OF -WAY LINE OF HERBERT not feasible to move. S00°43'54"E, ALONG THE HOOVER HIGHWAY SE; B. Approval of a develop - EAST LINE OF THE THENCE NORTHEASTERLY, ment plan.for the RM -12 NORTHEAST ONE- 31.12 FEET, ALONG SAID zone, including a land - QUARTER OF THE SOUTHERLY RIGHT -OF- scaping plan, exterior NORTHWEST ONE- WAY LINE, AND AN ARC OF building designs, and site QUARTER OF SAID SECTION A 539.98 FOOT RADIUS CONCAVE plan by the Design Review Committee to 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE CURVE, SOUTHEASTERLY, WHOSE ensure Comprehensive SOUTH RIGHT-OF-WAY 31.12 FOOT CHORD BEARS Plan policies regarding LINE OF HERBERT HOOVER N58125'47"E; THENCE compatibility with lower HIGHWAY SE, AND THE S31150'05"E, 59.61 FEET, density residential prop - POINT OF BEGINNING; THENCE SOUTHEASTERLY, erties and appropriate THENCE CONTINUING 80.53 FEET, ALONG AN ARC development appearance S00°43'54"E, ALONG SAID OF A 750.00 FOOT RADIUS for an entrance way to the EAST LINE OF THE CURVE, CONCAVE City, will be required prior NORTHEAST ONE- SOUTHWESTERLY, WHOSE to approval of a building QUARTER OF THE 80.50 FOOT CHORD BEARS permit. NORTHWEST ONE- S28°45'31 "E; THENCE 4. The Owner and City acknowl- QUARTER, 134.34 FEET; N76°10'00"E, 190.89 FEET; edge that the conditions THENCE S89°52'36"W, THENCE N89°52'36"E, contained herein are reason - 379.09 FEET; THENCE 379.09 FEET, TO A POINT able conditions to impose on S76°10'00"W, 190.89 FEET; ON THE EAST LINE OF SAID the land under Iowa Code THENCE NORTHWESTERLY, NORTHEAST ONE- §414.5 (2015), and that said 80.53 FEET, ALONG AN ARC QUARTER OF THE conditions satisfy public OF A 750.00 FOOT RADIUS NORTHWEST ONE- needs that are caused by the CURVE, CONCAVE QUARTER OF SECTION 7; requested zoning change. SOUTHWESTERLY, WHOSE THENCE S00°43'54"E, 5. The Owner and City acknowl- 80.50 FOOT CHORD BEARS ALONG SAID EAST LINE, edge that in the event the N28°45'31"W; THENCE 1116.89 FEET, TO SAID subject property is trans- N31°50'05"W, 59.61 FEET, POINT OF BEGINNING, ferred, sold, redeveloped, or TO A POINT ON THE SAID CONTAINING 16.75 ACRES. subdivided, all redevelop - 2. The Owner acknowledges ment will conform with the SOUTH RIGHT-OF-WAY that the City wishes to ensure terms of this Conditional LINE OF HERBERT HOOVER conformance to the princi- Zoning Agreement. HIGHWAY SE; THENCE ples of the Comprehensive 6. The parties acknowledge NORTHEASTERLY, 58.92 Plan and the Northeast that this Conditional Zoning FEET, ALONG SAID SOUTH District Plan. Further, the par- Agreement shall be deemed RIGHT-OF-WAY LINE, AND ties acknowledge that Iowa to be a covenant running AN ARC OF A 539.98 FOOT Code §414.5 (2015) provides with the land and with title to RADIUS CURVE, CONCAVE that the City of Iowa City may the land, and shall remain in SOUTHEASTERLY, WHOSE impose reasonable condi- full force and effect as a cov- 58.89 FOOT CHORD BEARS tions on granting a rezoning enant with title to the land, N63°12'24"E; THENCE request, over and. above the unless or until released of NORTHEASTERLY. 232.86 existing regulations, in order record by the City of Iowa to satisfy public needs City. caused by the requested change. . \S -- -tbLf5 The parties further acknowledge that this agreement shall inure to the benefit of and bind all succes- sors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorpo- rated by reference into the ordinance rezoning the sub- ject property, and that upon adoption and publication of the ordinance, this agree- ment shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 20th day of October, 2015. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk By: s/Jeff Clark, Member/Owner PC -60000+91+5 OCTOBER 29, 2015 � r ' AM®ER„ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4646, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of October, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 29, 2015. Dated at Iowa City, Iowa, this 16th day of November 2015. Juli . Voparil Deputy City Clerk Printer's Fee $_ S 4 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID442-0330670 I,�aCCcr., being duly sworn, say thaj I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): Ib -a.5\ -t Legal Clerk of Subscribed and sworn to before me this 1-40& day of Notary Public Ml,_.iAIJIIES KAHLER t�iumbet 735381 ,iimission Expires 1,t91 412017 OFFICIAL PUBLICATION ORDINANCE NO.15-4646 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 2, ENTITLED "ALARM SYSTEMS," TO UPDATE THE PROVISIONS REGARDING ALARM SYSTEMS. WHEREAS, Title 8, Chapter 2 governing alarm systems for intrud- ers defines alarm systems as equipment that is directly connect- ed to the police department; WHEREAS, intruder alarms no longer are directly connected to the police department but rather are connected to privat alarm compa- nies; and WH9AS, it liln the City's 6W interest to update the code provi- sions on intruder alarms to reflect how the alarms currently operate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS, Title 8, entitled "Police Regulations," Chapter 2, entitled "Alarm Systems," is deleted in'its entirety and the following -'new Chapter 2, entitled. �-'Alarm Systems," is inserted in 6u there- of: JV 1. As used in this''chapter, the following definitions shall apply: Alarm System: An assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which agents of the police depart- ment are expected to respond. The term "alarm system" shall include, but is not limited to, intrusion or burglar alarms of the audible or direct line radio or electronic type. Alarm User: Any person on whose premises an alarm system is maintained. False Alarm: The activation of an alarm system not by breaking and entering, but by careless use, tech- nical failure, equipment malfunc- tion, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents. False alarm does not include alarm failures caused by water, gas, electrical, telephone or other utilities not under the control of the alarm user, or the willful act of a person other than the alarm owner, lessee, or his or her employees or agents. Person: Any individual, firm, part- nership, association, corporation, company, or organization of any kind and the personnel therein employed or contracted. 2. No alarm user shall have or maintain an alarm system that produces a false alarm. 3. An alarm user shall be charged a fee for having or maintaining a false alarm. The fee shall be adopted by resolution of City Council. The fee shall be paid within thirty (30) days of the date that the fee is assessed. 4. Any violation of this chapter shall be considered a munici- pal infraction as provided in Title 1, Chapter 4 of this Code. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of October, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PCE000049+41 OCTOBER 29, 2015 � r 2:In � �R,�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4647, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of November, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 19, 2015. Dated at Iowa City, Iowa, this 11th day of December 2015. Julie K. Voparll Deputy City Clerk Printer's Fee $ s.-3 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 (, CMZ )224 being duly sworn, say that 16M the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): 1 t- lq- iS a vvl Legal Clerk Subscribedand worn to before me this Mda of D. 20M. Notary Public ADAM JAMES KAHLER �r4,. Cornmis�+un Dumber 785381 CM My Commission Expires a 08104/2017 OFFICIAL PUBLICATION ORDINANCE NO. 15-4647 ORDINANCE MENDING , `F NANCES, TITLE 3, TAXATION, AND FEES", CHAPTER 4,"SCHEDULE OF FEES, RAT FS, CHARGES, BONDS, AND PENALTIES", SECTION 8, "PARKING VIOLATIONS", TO ADD A $58 PENALTY FOR SNOW EMERGENCY PARKING VIOLATION. WHEREAS, the City of Iowa City Code 9-4-1(A)(16) prohibits parking upon a street on which parking is prohibited under Iowa City Code 9-4-9 by the declaration of a snow emergency; and WHEREAS, Iowa City Code sec- tion 3-4-8: Parking violations: sets the Amount of Fee, Charge, Bond, Fine, and Penalty for various Parking matters; and WHEREAS, the City wishes to encourage compliance with the snow emergency parking regula- tions so that snow and ice can be removed efficiently and promptly n from City streets during sow emergency; and WHEREAS, the fine for a violation of the snow emergencyparking regulations should be $50.00; and WHEREAS, it is in the best interest of the City to adopt this amend ment.gE IT NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: aEQTI.,r i nMFNDMENTS. TITLE 3, FINANCES, TAXATION, AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS,- FINES, AND PENALTIES, SECTION 81 PARKING VIOLATIONS: is hereby amended by adding: prohibited or Parking where p restricted during a snow emergen- cy -- 50.00 SF`-fiQN a 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 unconstitutiona�FFF�TIVE DATE. j&TI This Ordinance shall be effective upon publication. Passed and approved this 10th day of November, 2015or s/Matthew J. Hayek, y Attest: s/Marian K. Karr, City Clerk pC-6000049627 NOVEMBER 19, 2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4648, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of November, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 19, 2015. Dated at Iowa City, Iowa, this 11th day of December 2015. Ju�ie'K. Vop aril Deputy City Clerk Printer's Fee $ Zd CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN F ED.1 D#42-0330670 I, ._ Sg=�m_ CiOS ).rh_4 being duly sworn, say that I a the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): �1-1°1-lS Legal Clerk Subscribedands orn to before me is d of A.D. 20. Notary Public ADAM JAMESS KAHLER ;<,pAl Commission Number 785361 My Commission Expires 06104!2017 OFFICIAL PUBLICATION F1: All exterior painted surfaces ORDINANCE NO. 15-4648 of a dwelling and its acces§ory ORDINANCE AMENDING structures, fences, porches and TITLE 17, ENTITLED similar appurtenances shall be "BUILDING AND HOUSING," painted in a uniform, color consis- CHAPTER 5, ENTITLED tent, and complete fashion. All "HOUSING CODE," TO painted surfaces shall be properly SUPPORT NEIGHBORHOOD prepped to allow for paint to adhere STABILIZATION BY and remain painted regardless if PROHIBITING FURNITURE ON items are subject to decay or dete- ROOFS, ADDING STANDARDS rioration. (Guidelines for the remov- FOR EXTERIOR BUILDING al of lead based paint are located in AND FENCE SURFACES, appendix B of this chapter.) REQUIRING SCREENING OF F2: All exterior surfaces, regard- DUMPSTERS ON MULTI- less of material composition, shall FAMILY DWELLINGS AND be maintained in a good, safe, and UNDER CERTAIN DECKS/ sanitary condition. PORCHES, LIMITING THE F-3: In historic and conservation STORAGE OF LANDSCAPING/ districts, bare treated lumber is a CONSTRUCTION MATERIAL, prohibited finish for wood surfaces AND REQUIRING GFCI visible from the street. PROTECTED OUTLETS AND 3. Title 17, entitled "Building and CARBON MONOXIDE Housing," Chapter 5, entitled DETECTORS. "Housing Code," Section 19, enti- tled, "Responsibilities of Owners WHEREAS, as its strategic plan- Relating to the Maintenance and ning focus for 2014-15, the City Occupancy of Premises," is hereby Council identified fostering a more amended by adding the following inclusive and sustainable City sentence to the end of Subsection through a commitment to five areas, I: including healthy neighborhoods All receptacles in kitchens and and a strong urban core; bathrooms shall have ground fault WHEREAS, as part of the City's circuit -interrupter for personnel. ongoing efforts to foster healthy 4. Title 17, entitled "Building and neighborhoods and a strong urban Housing," Chapter 5, entitled core, the Housing Code should be amended to prohibit storing and "Housing Code," Section 19, enti- use of furniture on roofs and other tled, "Responsibilities of Owners surfaces above 30 inches without Relating to the Maintenance and guard rails, establish standards for Occupancy of Premises," is hereby treatment of exterior surfaces of amended by adding the following buildings, fences, and retaining sentence to the end of Subsection walls, require areas beneath decks L: and porches in Historic and Carbon monoxide alarms shall be Conservation Districts to be provided in dwelling units which screened, require screening of contain fuel -fired appliances or dumpsters on existing multi -family have an attached garage with an sites, and limit the storage of land- opening that communicates with scaping and construction material the dwelling unit. to areas not visible from the street; 5. Title 17, entitled "Building and WHEREAS, to enhance residents' Housing," Chapter 5, entitled safety, GFCI protected outlets and "Housing Code," Section 19, enti- carbon monoxide detectors should tled, "Responsibilities of Owners be required in all dwelling units; and Relating to the Maintenance and WHEREAS, it is in the best interest Occupancy of Premises," is hereby 'by of the City to adopt these amend- amended renumbering ments for the health and safety of Subsection V1 as Paragraph a of home owners and tenants. Subsection V1 and adding the fol - NOW, THEREFORE, BE IT lowing new Paragraph b of ORDAINED BY THE CITY COUNCIL Subsection V1: OF THE CITY OF CITY, IOWA: Outdoor Storage. The storage of SECTION I AMENDMENTS trash bags, landscaping, construc- t. Title 17, entitled "Building and tion, or compost material or any Housing," Chapter 5, entitled other similar materials determined "Housing Code," Section 19, enti- by the City to create a substantial tled, "Responsibilities of Owners interference with the use of enjoy - Relating to the Maintenance and ment of the property shall not be Occupancy of Premises," is hereby permitted in areas visible from the amended by renumbering street facing right of way. Subsection A2 as Paragraph 4 of 6. Title 17, entitled "Building and Subsection A2 and adding the fol- Housing," Chapter 5, entitled lowing new Paragraph b: "Housing Code," Section 19, enti- Exterior Screening: In historic and tled; "Responsibilities of Owners conservation districts, porches and Relating to the Maintenance and decks less than 5' above grade and Occupancy of Premises," is hereby visible from the right of way shall amended by deleting Subsection have under porch and under deck V2 and adding the following new screening. The screening shall be Subsection V2 in lieu thereof: required to be complementary to Fences, screening, and retaining the dwelling as approved by the walls shall be maintained in a safe, City. structurally sound manner and shall 2. Title 17, entitled "Building and comply with the Iowa City zoning Housing," Chapter 5, entitled ordinance. All wood or painted sur - "Housing Code," Section 19, enti- faces shall be painted and or tled, "Responsibilities of Owners stained in a uniform, color consis- Relating to the Maintenance and tent, and complete fashion. All Occupancy of Premises," is hereby other surfaces shall be maintained amended by deleting Subsection F in a uniform, color consistent, and and adding the following new complete fashion. At the discretion Subsections F1, F2 and F3: of the Director of Neiqhborhood Q ctl� i s-LAe4�, 3 a 1� _)__ and Development Services or des- ignee, landscaping timbers and other related items may be exempt from this provision. 7. Title 17, entitled 'Building and Housing," Chapter 5, entitled "Housing Code," Section 19, enti- tled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by adding the following new Subsection V4: The storage and use of furniture on surfaces 30" above grade, which include but are not limited to decks and roofs, without guardrails is pro- hibited. 8. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, enti- tled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by renumbering Subsection W as Subsection W1 and adding the following new Subsection W2: All solid waste facilities located at multi -family dwellings shall be screened with Materials that are complementary to the dwelling as approved by the City. 9. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 10, enti- tled, "Placarding of Structures: Condemnation Referrals," is hereby amended by deleting Subsection E and adding the following new Subsection E in lieu thereof: After a reasonable period of time after a property has been placarded and no remedial action begun, the City may pursue condemnation consistent with this Code and the Code of Iowa. SECTION II REPEALER All ordi- nances and parts of ordinances in conflict with the 'provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of November, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000049628 NOVEMBER 19, 2015 r p CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4649, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of December, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 24, 2015. Dated at Iowa City, Iowa, this 8th day of January 2016. Julie . Voparil Deputy City Clerk Printer's Fee $_) 01 1.-.W CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 1,_ o _ being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper -_j__ time(s), on the followin date(s): Legal Clerk SubscriENE. before me�.tof Notary Public OFFICIAL PUBLICATION ORDINANCE NO. 15-4649 ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO RE-ESTABLISH THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act") to create a self - supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the mainte- nance of improvements or self-liqui- dating improvements for such dis- trict, and to levy taxes with respect to such district, all as more specifi- cally defined in the Act; and, WHEREAS, Ordinance No. 11-4460 adopted on December 6, 2011 estabUshed the Iowa City 'Downtown Self -Supported Municipal Improvement District (SSMID District) for a period of four (4) years; and, WHEREAS, on September 11, 2015 a Petition was filed to re- establish the SSMID District for a period of ten (10) years with expanded boundaries as described therein ("Proposed District"); and, WHEREAS, on September 15, 2015, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on November 10, 2015 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 6, 2015, the City Council scheduled. a public hearing for November 10, 2015, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, on October 22, 2015 notice of the hearing was published in the Iowa City Press Citizen and a copy of such notice was mailed by certified mail to all the owners of record of real property located with- in the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of prop- erty in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on November 10, 2015, the City Council closed the Public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable require- ments imposed by the Act; and, Q C)_\( -k 2, WHEREAS, final adoption of the ordinance by the City Council will not occur until thirty days has passed since the public hearing on the creation of the Proposed District was closed, and final adoption will not occur if a petition containing the requisite number of signatures that would require the matter to be with- drawn from Council consideration has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section l_ Chapter 7 entitled "Iowa City Downtown Self --Supported Municipal Improvement District" Title 3, "Finances, Taxation and Fees" of the City Code, is hereby repealed and the following is insert- ed in lieu thereof: 1. In accordance with Iowa Code Chapter 386 there is hereby established and"created in the City of Iowa City, a self -sup- ported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self - Supported Municipal Improvement District" (herein the "District"), which District is also known as the Iowa City Downtown District. 2. The District shall include all property within the following described boundaries: BEGINNING AT THE WEST RIGHT- OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF LINN STREET TO THE NORTHEAST CORNER OF THE SOUTH 60 FEET OF LOT 8, BLOCK 69, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 60 FEET OF LOT 8, TO A POINT ON THE WEST LINE OF SAID LOT 8; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 8 AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE EAST 5.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099; THENCE EAST ALONG THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY, IOWA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LINN STREET: rsset v) ur, tiKAN-E-iir . 1A N i Dili 1r;1., OFFICIAL PUBLICATION ORDINANCE NO. 15-4649 ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO RE-ESTABLISH THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act") to create a self - supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the mainte- nance of improvements or self-liqui- dating improvements for such dis- trict, and to levy taxes with respect to such district, all as more specifi- cally defined in the Act; and, WHEREAS, Ordinance No. 11-4460 adopted on December 6, 2011 estabUshed the Iowa City 'Downtown Self -Supported Municipal Improvement District (SSMID District) for a period of four (4) years; and, WHEREAS, on September 11, 2015 a Petition was filed to re- establish the SSMID District for a period of ten (10) years with expanded boundaries as described therein ("Proposed District"); and, WHEREAS, on September 15, 2015, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on November 10, 2015 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 6, 2015, the City Council scheduled. a public hearing for November 10, 2015, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, on October 22, 2015 notice of the hearing was published in the Iowa City Press Citizen and a copy of such notice was mailed by certified mail to all the owners of record of real property located with- in the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of prop- erty in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on November 10, 2015, the City Council closed the Public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable require- ments imposed by the Act; and, Q C)_\( -k 2, WHEREAS, final adoption of the ordinance by the City Council will not occur until thirty days has passed since the public hearing on the creation of the Proposed District was closed, and final adoption will not occur if a petition containing the requisite number of signatures that would require the matter to be with- drawn from Council consideration has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section l_ Chapter 7 entitled "Iowa City Downtown Self --Supported Municipal Improvement District" Title 3, "Finances, Taxation and Fees" of the City Code, is hereby repealed and the following is insert- ed in lieu thereof: 1. In accordance with Iowa Code Chapter 386 there is hereby established and"created in the City of Iowa City, a self -sup- ported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self - Supported Municipal Improvement District" (herein the "District"), which District is also known as the Iowa City Downtown District. 2. The District shall include all property within the following described boundaries: BEGINNING AT THE WEST RIGHT- OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF LINN STREET TO THE NORTHEAST CORNER OF THE SOUTH 60 FEET OF LOT 8, BLOCK 69, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 60 FEET OF LOT 8, TO A POINT ON THE WEST LINE OF SAID LOT 8; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 8 AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE EAST 5.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099; THENCE EAST ALONG THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY, IOWA, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LINN STREET: THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID PLATTED EAST -WEST ALLEY IN SAID BLOCK 68; THENCE WEST ALONG SAID SOUTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET, THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON STREET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET, THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF GILBERT STREET, TO A POINT TO FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3, BLOCK 60, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 5, BLOCK 45 ORIGINAL TOWN OF IOWA CITY, IOWA AND ALONG THE NORTH LINE OF SAID LOT 5, TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 5, TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF IOWA AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF IOWA AVENUE, TO ITS INTERSECTION WITH THE EAST RIGHTOF-WAY LINE OF CLINTON STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG THE EAST RIGHT-OFWAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE SOUTH RIGHTOF-WAY LINE OF BURLINGTON STREET; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO A POINT ON THE WEST LINE OF THE EAST 25 FEET OF LOT 8, BLOCK 101, ORIGINAL TOWN OF IOWA CITY, IOWA; (SEE RETRACEMENT PLAT OF SURVEY RECORDED IN PLAT BOOK 57 AT PAGE 336 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE) THENCE SOUTH ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE EAST 25 FEET OF THE NORTH 50 FEET OF LOT 7, BLOCK 101; THENCE EAST TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE NORTH ALONG THE EAST LINE OF LOT 7, 10 FEET, THENCE EAST 20 FEET TO A POINT ON THE WEST LINE OF LOT 2, BLOCK 101; THENCE SOUTH ALONG THE EAST LINE OF A NORTH -SOUTH ALLEY IN BLOCK 101, TO A POINT ON THE NORTH LINE OF THE -SOUTH 7G FEET OF LOT 4; THENCE EAST ALONG SAID NORTH LINE, AND ITS EASTERLY EXTENSION TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET; THENCE NORTH ALONG THE EAST LINE OF CLINTON STREET, TO A POINT ON THE SOUTH LINE OF THE NORTH 44 FEET OF LOT 5, BLOCK 102, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN SAID BLOCK 102; THENCE NORTH ALONG THE EAST LINE OF SAID PLATTED NORTH -SOUTH ALLEY, TO A POINT ON THE SOUTH LINE OF THE NORTH 37 FEET OF LOT 1, BLOCK 102; THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH 37 FEET OF LOT 1, BLOCK 102, AND ITS,EA8TERkY-EXTENSION,' TG- A POINT ON THE EAST RIGHT-OF- WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 103; ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8 AND THE SOUTH LINE OF LOT 1, BLOCK 103 AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE EAST LINE OF LINN STREET, TO A POINT ON THE SOUTH LINE OF THE NORTH 35 FEET OF LOT 10, JOHNSON'S SUBDIVISION OF OUT LOT 24, IN IOWA CITY; THENCE EAST ALONG SAID SOUTH LINE OF THE NORTH 35 FEET OF LOT 10, JOHNSON'S SUBDIVISION OF OUT LOT 24 AND ITS EASTERLY EXTENSION, TO A POINT ON THE EAST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN SAID JOHNSON'S SUBDIVISION OF OUT LOT 24; THENCE NORTH ALONG THE EAST LINE OF SAID PLATTED NORTH -SOUTH ALLEY, IN SAID JOHNSON'S SUBDIVISION OF OUTLOT 24 TO THE SOUTHWEST CORNER OF LOT 6, SAID JOHNSON'S SUBDIVISION OF OUT LOT 24; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 35.44 FEET MORE OR LESS; THENCE NORTH 4.71 FEET MORE OR LESS; THENCE EAST 115 FEET MORE OR LESS TO A POINT 105 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 6; THENCE CONTINUING EAST TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF GILBERT STREET; THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF GILBERT STREET TO A POINT 85 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 1, LYMAN COOK'S SUBDIVISION OF OUTLOT 25 OF THE ORIGINAL TOWN OF IOWA CITY, IOWA; k 5 - Lt (o Lt 0I THENCE EAST 185 FEET; THENCE NORTH 81 FEET; THENCE WEST 10 FEET; THENCE NORTH 4 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BURLINGTON STREET; THENCE EAST TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY_ LINE OF VAN BUREN STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET, TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IOWA AVENUE; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF IOWA • AVENUE TO ' THE NORTHEAST CORNER OF LOT 3, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE NORTH ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 6, BLOCK 45, ORIGINAL TOWN OF IOWA CITY, IOWA , ALONG SAID EAST LINE OF LOT 6 AND ALONG ITS NORTHERLY EXTENSION TO A POINT ON THE NORTH LINE OF THE EAST -WEST ALLEY IN SAID BLOCK 45; THENCE WEST ALONG THE NORTH LINE OF SAID EAST -WEST ALLEY, TO ITS INTERSECTION WITH THE EAST RIGHT-OFWAY - �119ER7 STREET; TFiLCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF GILBERT STREET, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON STREET TO ITS INTERSECTION WITH THE EAST LINE OF THE WEST 65 FEET OF LOT 6, BLOCK 46, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE NORTH ALONG THE EAST LINE OF THE WEST 65 FEET OF LOT 6, BLOCK 46 AND ITS NORTHERLY EXTENSION, TO ITS INTERSECTION WITH THE NORTH LINE OF THE EAST -WEST ALLEY IN BLOCK 46; THENCE WEST ALONG THE NORTH LINE OF THE EAST -WEST ALLEY IN BLOCK 46, TO THE SOUTHEAST CORNER OF LOT 4, BLOCK 46; THENCE NORTH ALONG THE EAST LINE OF LOT 4, BLOCK 46 AND ITS NORTHERLY EXTENSION AND ALONG THE EAST LINE OF THE SOUTH 25 FEET OF LOT 5, BLOCK 47, ORIGINAL TOWN OF IOWA CITY, IOWA; THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 25 FEET OF LOT 5, BLOCK 47, AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET TO THE POINT OF BEGINNING; AND EXCEPTING THOSE PROPERTIES ZONED NEIGHBORHOOD PUBLIC, WHICH ARE AS FOLLOWS: THE NORTH 110' OF THE WEST 58.5' OF LOT 4 BLOCK 65 LOTS 7, 8, AND THE EAST 20' LOT 6 BLOCK 65 THE WEST 58.5' OF N 1 10'OF LOT 4 BLOCK 65 �5 - a,� 3 LOT 5 AND THE WEST 28.66' OF LOT 6 BLOCK 61 THE EAST 38.3' LOT 6, ALL OF LOT 7, AND THE WEST 39.7' OF LOT 8 BLOCK 58 3. It is hereby found and deter- mined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefit- ted by the condition, performance of administration, redevelopment, revitalization and maintenance of the District and the owners of prop- erty in the District have a present and potential benefit --from the con- dition, performance of administra- tion, redeJelopment, revitalization and maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a self -supported municipal improvement district operation fund with respect to the District to be known as the "Iowa City Downtown Self -Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund"), for which the City may certify taxes (the "Operation Tax") against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes), within the District (the "Property") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2016 for the purposes of paying the administrative and operational expenses of the District, as defined and authorized in the Act or paying part or all of the maintenance expenses of "improvements" or dating ' "; es in the Act; _ , 6°d Pott of ten (10) years. 5. The City may disburse the amounts collected in the Operation Fund, in accordance with the rec- ommendations of the Iowa City Downtown District Board of Directors as described in paragraph 5 of the Petition, for one or more of the following purposes: a. Development and management of activities in support of market- ing, business retention and attrac- tion, including, but not limited to: • Establish Customer Relations Management (CRM) or other property databases, • Space referrals and assis- tance, • Marketing, advertising, and informational campaigns, including advertising, social media, print and digital media releases, • Miscellaneous business sup- port services, • Establishment and promotion of special events, festivals, and activities, and • A contingency fund for extraordinary expenses. b. Physical or other improvements designed to enhance the image and appearance of the District, including, but not limited to: • Lighting Improvements, • Decorative enhancements, signage and campaign ban- ners, • Landscaping, and • Public or private art. c. To employ an Executive Director and staff who shall work for the Board of Directors of the District to manage the work of the District and to fulfill the intent of the Petition and ordinance. Lt6L-k 'A 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed: 1) For the period of July 1, 2016 through June 30, 2021, a rate of two dollars ($2) per one thousand dollars ($1,000) of taxable value, commencing with the levy of taxes for collection in the five fiscal years beginning July 1, 2016; and, 2) For the period July 1, 2021 through June 30, 2026, a rate of two dollars and fifty cents ($2.50) per one thou- sand dollars ($1,000) of taxable value for collection in the five fiscal years beginning July 1, 2021. SEC ION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publica- tion. Passed and approved this 15th day of December, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -6000050371 DECEMBER 24, 2015 � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4650, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of December, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 24, 2015. Dated at Iowa City, Iowa, this 8th day of January 2016. Julie . Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): 1 a -,2y , VS Legal Clerk Subscribed and sworn to before me this QJ_day of D. 20=�— Notary Public OFFICIAL PUBLICATION ORDINANCE NO. 15-4650 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO MAKE THE TITLE ALIGN WITH THE FAIR HOUSING ACT AND TO UPDATE ITS GENERAL PROVISIONS. WHEREAS, the City Code pres- ently protects individuals from vari- ous types of discrimination includ- ing housing discrimination; and WHEREAS, such protection is not currently in alignment with the Fair Housing Act; WHEREAS, the Human Rights Commission and the City's Analysis to Impediments to Fair Housing (2013) both recommend amending Title 2 to make it align with the Fair Housing Act; WHEREAS, in order to make Title 2 align with the Fair Housing Act, many provisions need to be amend- ed although few need to be amend- ed substantively; WHEREAS, in addition to making Title 2 align with the Fair Housing Act, additional provisions should be updated and clarified; and WHEREAS, it is in the best interest of the City to adopt these amend- ments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDtI� tirG Title 2, entitled "Human Rights" is hereby amended by: 1. Making the following changes to Section 2-1-1: A. Adding the following definitions in Section 2-1-1: AGGRIEVED PERSON: Any person who: 1) claims to have been injured by a discriminatory housing prac- tice; or 2) believes that such person will be injured by a discriminatory housing practice that is about to occur. COVERED MULTI -FAMILY DWELLING: 1) a building consisting of four (4) or more dwelling units if the building has one or more eleva tors; or 2) the ground floor units of a building consisting of four (4) or more units. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or loca- tion thereon of any such building, structure, or portion thereof. B. Replacing the phrase "in not in session" with the phrase "is not in session" in the definition of COURT. C. Deleting the definition HOUSING ACCOMMODATION. D. Deleting the definition of PERSON and replacing it with the following new definition of PERSON: One or more individuals; partner- ships; associations; corporations; legal representatives; trustees; receivers; the city or any board, commission, department or agen- cy thereof; aH other governmental units conducting any activity in the city; labor organizations; trustees in cases under title 11 of the United States Code, as amended; and fiduciaries. E. Deleting the definition of RESPONDENT and replacing it with the following new definition of RESPONDENT A person who is alleged to have committed an act prohibited by this title, against whom a com- plaint has been filed under this title, or who has been identified in the course of investigation as required with respect to respon- dents so identified under Section 2-4-4A. 2. Deleting the word "citizens" and replacing it with "individuals" in Sections 2-1-2 and 2-2-1. 3. Deleting the word "to" in the introductory sentence of Section 2-2-2. 4. Revising the title of Section 2-2-4 to read "RECORDS TO BE CONFIDENTIAL; EXCEPTIONS." 5. Adding the following paragraphs 3 and 4 to Subsection 2-2-4 A: 3. If a mediation agreement regarding a housing complaint is made public according to the provi- sions of Section 2-4-2 of this title. 4. The final investigative report is made available to the parties or a party's attorney according to the provisions of Section 2-4-2 of this title. 6. Renumbering Section 2-3-5 as Section 2-3-8, deleting Subsection C of new Section 2-3-8, and adding the following new Subsection C: C. Any person to coerce, intimi- date, threaten, or interfere with any person in the exercise or enjoy- ment of, or on account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected this title. 7. Adding a new Section 2-3-5 enti- tled HOUSING; EXCEPTIONS as follows: It shall be an unlawful or discrimi- natory practice for any person to: A. Refuse to sell, rent, lease, assign, sublease, refuse to negoti- ate or to otherwise make unavail- able, or deny any real property or housing accommodation or part, portion or interest therein, to any person because of the age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income of that person. B. Discriminate against any other person in the terms, conditions or privileges of any real estate trans- action because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. C. Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate trans- action that any person is not wel- come or not solicited because of age, color, creed, disability, gender identity, marital status, familial sta- tus, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or pub- lic assistance source of income. D. Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommoda- tion, or against any prospective lessee or purchaser of the property IrC"i iii) 03/04120,= a .p OFFICIAL PUBLICATION ORDINANCE NO. 15-4650 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO MAKE THE TITLE ALIGN WITH THE FAIR HOUSING ACT AND TO UPDATE ITS GENERAL PROVISIONS. WHEREAS, the City Code pres- ently protects individuals from vari- ous types of discrimination includ- ing housing discrimination; and WHEREAS, such protection is not currently in alignment with the Fair Housing Act; WHEREAS, the Human Rights Commission and the City's Analysis to Impediments to Fair Housing (2013) both recommend amending Title 2 to make it align with the Fair Housing Act; WHEREAS, in order to make Title 2 align with the Fair Housing Act, many provisions need to be amend- ed although few need to be amend- ed substantively; WHEREAS, in addition to making Title 2 align with the Fair Housing Act, additional provisions should be updated and clarified; and WHEREAS, it is in the best interest of the City to adopt these amend- ments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDtI� tirG Title 2, entitled "Human Rights" is hereby amended by: 1. Making the following changes to Section 2-1-1: A. Adding the following definitions in Section 2-1-1: AGGRIEVED PERSON: Any person who: 1) claims to have been injured by a discriminatory housing prac- tice; or 2) believes that such person will be injured by a discriminatory housing practice that is about to occur. COVERED MULTI -FAMILY DWELLING: 1) a building consisting of four (4) or more dwelling units if the building has one or more eleva tors; or 2) the ground floor units of a building consisting of four (4) or more units. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or loca- tion thereon of any such building, structure, or portion thereof. B. Replacing the phrase "in not in session" with the phrase "is not in session" in the definition of COURT. C. Deleting the definition HOUSING ACCOMMODATION. D. Deleting the definition of PERSON and replacing it with the following new definition of PERSON: One or more individuals; partner- ships; associations; corporations; legal representatives; trustees; receivers; the city or any board, commission, department or agen- cy thereof; aH other governmental units conducting any activity in the city; labor organizations; trustees in cases under title 11 of the United States Code, as amended; and fiduciaries. E. Deleting the definition of RESPONDENT and replacing it with the following new definition of RESPONDENT A person who is alleged to have committed an act prohibited by this title, against whom a com- plaint has been filed under this title, or who has been identified in the course of investigation as required with respect to respon- dents so identified under Section 2-4-4A. 2. Deleting the word "citizens" and replacing it with "individuals" in Sections 2-1-2 and 2-2-1. 3. Deleting the word "to" in the introductory sentence of Section 2-2-2. 4. Revising the title of Section 2-2-4 to read "RECORDS TO BE CONFIDENTIAL; EXCEPTIONS." 5. Adding the following paragraphs 3 and 4 to Subsection 2-2-4 A: 3. If a mediation agreement regarding a housing complaint is made public according to the provi- sions of Section 2-4-2 of this title. 4. The final investigative report is made available to the parties or a party's attorney according to the provisions of Section 2-4-2 of this title. 6. Renumbering Section 2-3-5 as Section 2-3-8, deleting Subsection C of new Section 2-3-8, and adding the following new Subsection C: C. Any person to coerce, intimi- date, threaten, or interfere with any person in the exercise or enjoy- ment of, or on account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected this title. 7. Adding a new Section 2-3-5 enti- tled HOUSING; EXCEPTIONS as follows: It shall be an unlawful or discrimi- natory practice for any person to: A. Refuse to sell, rent, lease, assign, sublease, refuse to negoti- ate or to otherwise make unavail- able, or deny any real property or housing accommodation or part, portion or interest therein, to any person because of the age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income of that person. B. Discriminate against any other person in the terms, conditions or privileges of any real estate trans- action because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. C. Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate trans- action that any person is not wel- come or not solicited because of age, color, creed, disability, gender identity, marital status, familial sta- tus, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or pub- lic assistance source of income. D. Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommoda- tion, or against any prospective lessee or purchaser of the property or accommodation because of age, color, creed, disability, gender identity, marital status, familial sta- tus, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or pub- flo-assisrs asoarce-af-income of persons who may from time to time be present in or on the les- see's or owner's premises for law- ful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. E. The following exceptions are applicable to this section and Section 2-3-6: 1. Any bona fide religious institu- tion with respect to any qualifica- tions it may impose based on reli- gion, when these.qualifications are related to a bona fide religious purpose unless the religious insti- tution owns or operates property for a commercial purpose or mem- bership in the religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national ori- gin, race, sex, sexual orientation, presence or absence of depen- dents or public assistance source of income. 2. Any nonprofit institution or orga- nization operated, supervised or controlled by or in conjunction with a religious organization, asso- ciation, or society from limiting the sale, rental or occupancy of dwell- ings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of age, color, creed, dis- ability, gender identity, marital sta- tus, familial status, national origin, race, sex, sexual orientation, pres- ence or absence of dependents or public assistance source of income. 3. Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. F. The following are exempt from the prohibitions set forth in this sec- tion and section 2-3-6 with the exception of the prohibition on discrimination in advertising set forth in subsection C above: 1. The rental or leasing of four (4) or fewer rooms within a single housing accommodation by the owner of such housing accommo- dation, if the owner resides there- in. 2. Rooms or units in dwellings containing living quarters occu- pied or intended to be occupied by no more than four (4) families living independently of each other, if the owner occupies the premis- es, or some portion thereof, and actually resides therein. G. Nothing in this title limits the applicability of the city's restric- tions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons. For the purposes of this title, "housing for older persons" means housing: IS -4(0 ) 1. Provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in the state or federal program and as determined by the secretary of housing and urban development); or 2. Intended for, and solely occu- pied by, persons sixty two (62) years of age or older; or 3. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older, persons under this subsec- tion, the regulations promulgated by the secretary of housing and urban development shall apply and at least the following two (2) criteria must be present a. That at least eighty percent (80%) of the units -are -occupied by at least one person fifty five (55) years of age or older per unit; and b. The publication of, and adher- ence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older. However, such housing may not otherwise be restricted on the basis of age, color, creed, disabili- ty, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orienta- tion, public assistance source of income or presence or absence of dependents. 8. Renumbering Section 2-5-3 as Section 2-3-6 and retitling as ADDITIONAL UNFAIR OR DISCRIMINATORY HOUSING PRACTICES. 9. Renumbering Section 2-5-6 as Section 2-3-7. 10. Making the following changes to Section 2-4-1: A. In Subsection A, deleting the comma and the phrase "employer, employment agency, or labor organization" after the word "per- son." B. Deleting Subsection F and replacing it with the following new Subsection F: F. A verified copy of a complaint filed with the state civil rights commission, or its successor, under the provisions of chapter 216, code of Iowa, as amended; or EEOC, or its successor; or HUD, or its successor, shall be sufficient complaint for the pur- pose of this title if it alleges either in the text thereof or in accompa- nying statements that the alleged discriminatory practice occurred within this city. C. Deleting the first sentence of Subsection G and replacing it with the following: A complaint or any part thereof may be withdrawn by the com- plainant at any time prior to notice of a public hearing and thereafter at the discretion of the commission. 11. Making the following changes to Section 2-4-2: A. Deleting Subsection A and replacing it with the following new Subsection A: Upon the filing of a verified com- plaint, the Human Rights Coordinator shall serve notice on the respondent. Notice shall include both a copy of the com- plaint and a statement of the respondent's procedural rights and obligations under the law or ordinance. Service shall be effected by certified mail within twenty (20) days of filing for com- plaints in the areas of employ- ment, public accommodation, credit or education, and within seven (7) days of filing for com- plaints alleging discrimination in the area of housing. B. Deleting Subsection B. C. In Subsection K, adding "In all complaint areas except hous- ing," to the beginning of the first sentence and changing the capi- tal T in "the" to lowercase. D. Renumbering Subsections C -K as Subsections B-1. 12. Renumbering Subsection 2-5-4 C 1-4 as Subsection 2-4-2 J 1-4, adding "In the area of housing," to the beginning of the first sen- tence of new Subsection 2-4-2J, and changing the capital T in "the" to lowercase in new Subsection 2-4-2J. 13. Deleting Section 2-4-3D, renumbering Subsection 2-5-4 F 1-3 as Subsection 2-4-3 D 1-3, add- ing "In the area of housing" to the beginning of the first sentence and changing the capital Tin "the" to lowercase, and adding new Subsection 2-4-3 D 4 as follows: 4. The final administrative disposi- tion of a complaint shall be made within one year of the date of receipt of the complaint, unless it is imprac- ticabl8 to do so. If final administra- tive disposition within one year is impracticable, the Human Rights Coordinator shall notify the com- plainant and respondent in writing. 14. Renumbering Section 2-4-4 as Section 2-4-5, deleting new Subsection 2-4-5A and replacing it with the following: A. Following a probable cause determination, the human rights coordinator shall endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and persuasion, unless the coordinator deter- mines conciliation efforts are impracticable. If the conciliation process is d9termined to be impracticable, the coordinator shall state. in writing the reason(s) for bypassing conciliation efforts. 15. Renumbering Section 2-5-4 as Section 2-4-4, retitling it as "AD I I NAL R I HOUSING:" and renumbering the following subsections: Subsections 2-5-4 A and B as Subsections 2-4-4 A and B accord- ingly Subsection 2-5-4 D as Subsection 2-4-4 C Subsection 2-5-4 E as Subsection 2-4-4 D Subsection 2-5-4 C 5 as Subsection 2-4-4 E Subsection 2-5-4 G as Subsection 2-4-4 F Subsections 2-5-4 H -M as Subsections 2-4-4 G -L accordingly 16. Renumbering Section 2-4-6 as Section 2-4-7. 17. Renumbering Section 2-4-5 as Section 2-4-6. 18. Replacing Subsection 2-4-6 J with the following new Subsection J: The election of an affirmative order under subsections A -H of this sub- section shall not bar the election of affirmative remedies provided in subsection I of this section. 19. Replacing the first sentence of Subsection 2-4-6 K with the follow- ing: In connection with housing dis- crimination complaints only under this title, the commission may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by Code of Iowa Chapter 216.15A as amended. 20. Renumbering 2-4-8 as Section 2-4-9. 21. Renumbering Section 2-4-7 as Section 2-4-8. 22. Replacing Subsection 2-4-7 R 4 with the following new Subsection R4: With the exception of hearings regarding housing, the rules of evidence do not apply in a con- tested case hearing. Findings shall be based upon the kind of evi- dence on which reasonably pru- dent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. In a hearing concerning housing, the Federal Rules of Evidence shall apply. The administrative law judge shall give effect to the rules of privilege recognized by law. 23. Deleting Section 2-4-10. 24. Renumbering Section 2-4-9 as Section 2-4-10, retitling as SIXTY DAY RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS REGARDING EMPLOYMENT, PUBLIC ACCOMMODATIONS, CREDIT AND EDUCATION:, and adding the fol- lowing after the title of the Section and before Subsection A: This section applies to all com- plaints except housing. 25. Renumbering Section 2-4-11 as Section 2-4-12. 26. Adding the following new Section 2-4-11 This section applies only to com- plaints in the area of housing. A. A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a viola- tion of section 2-3-5 or 2-3-6 of this title was filed, may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party electing to have his or her case decided in a civil rather than administrative action under subsection 2-4-4 K of this title, must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued. 2. The person making the elec- tion shall give notice to the human tights coordinator and to all other complainants and respondents to whom the elec- tion relates. 3. The election to have the charg- es of a complaint decided in a civil action as provided here is available only if it is alleged there has been a violation of section 2-3-5 or 2-3-6 of this title. B. An aggrieved person may file a civil action in district court not later than two (2) years after the occur- rence or the termination of an alleged discriminatory housing or real estate practice, whichever occurs last, to obtain appropriate relief with respect to the discrimi- natory housing or real estate prac- tice or breach of a conciliation agreement. 1. The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that com- plaint by the city attorney. 2. An aggrieved person may file an action under this section whether or not a discriminatory housing or real estate complaint has been filed under sections 2-3-5 and/or 2-3-6 of this title, and without regard to the status of any discriminatory housing or real estate complaint filed under those sections, but: a. If the human rights coordina- tor obtains a conciliation agree- ment with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with respect to the alleged dis- criminatory practice that forms the basis for the complaint except to enforce the terms of the agreement. b. An aggrieved person shall not file an action under this sec- tion with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the human rights office if the com- mission has begun a hearing on the record under this chapter with respect to the charge. 27. In Subsection 2-4-12 A, replacing Subsection A with the fol- lowing new Subsection A: If timely election to district court is made under subsection 2-4-11 of this chapter, the human rights coordinator may authorize, not later than thirty (30) days after the election is made, the filing of a civil action on behalf of the complain- ant in district court and the city attorney, or it designated agent, may commence and maintain such action. 28. In Subsection 2-4-12 D, replacing the reference to "subsec- tion 2-4-10 A or B" with "Section 2-4-11." 29. In Subsection 2-4-12 G, replacing the reference to "subsec- tion 2-5-4 L" with "Section 2-4-4 K." 30. Repealing Sections 2-5-1 and 2-5-2. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of December, 2015. s/Matthew J. Hayek, Mayor Attest: a/Marian K. Karr, City Clerk Pa60000 «m DECEMBER 24, 2015 r ul'�,� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 15-4651, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of December, 2015, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 24, 2015. Dated at Iowa City, Iowa, this 8th day of January 2016. Ju . Voparil Deputy City Clerk Printer's Fee $..._ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I a t the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paperrI_____ time(s), on the following date(s); Legal Clerk Subscribed and sworn to before me this _ A day of t:- A.D.20 . Notary Public ^A0 A4 Cc '� �+ ty F 6Ei �.d�71111 ,: .vlu Cti1tt 78K, ii! 1O/ih iYi id('j �e tt{±itv �iL! S OFFICIAL PUBLICATION ORDINANCE NO. 15-4651 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," SECTION 3, ENTITLED "ACCESSIBILITY OF RECORDS," AND SECTION 6, ENTITLED "DECALS" TO DELETE A DUPLICATIVE PROVISION AND CLARIFY THE NEED FOR A WARRANT TO ACCESS BUSINESS OFFICES. WHEREAS, Section 5-2-6H of the City Code is contained verbatim in Section 5-2-6F; WHEREAS, Section 5-2-3131 pro- vides a taxicab business must have an accessible business office, and accessible means an office that is staffed 24 hours per day, 7 days a week and subject to inspec- tion by the City without notice; WHEREAS, the U.S. Supreme Court issued an opinion in June 2015 in City of Los Angeles v. Patel ruling that search warrants were required before law enforcement could access hotel registrations; and WHEREAS, it is in the public interest to amend the code to delete the duplicative provision and clarify that a warrant is required before accessing the taxi- cab business office should access not be voluntarily provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS, 1.Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, enti- tled "Accessibility of Records," is amended by deleting the words "without notice" at the end of the second sentence of Subsection B1. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 6, enti- tled "Decals," is amended by deleting Subsection H in its entire- ty. SECTION ll. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of December, 2015. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc-fi00W60369 DECEMBER 24, 2015