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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 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
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 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:
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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
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SITE
CONCEPT
LOT f, PLEIADES
FIRST ADDITION
IOWA cm
JOHNSON COUNTY
IOWA
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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;
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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.
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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
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 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
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IN IOWA CITY, TOWA
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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
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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
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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