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HomeMy WebLinkAboutOrdinances1 ~ t ~~~~~ ~Ifl ~''~ y~m~~~ ~l CITY OF IOWA CITY 410 fast Washington Street Iowa City, Iowa 52240-182b {319) 356-5000 (314) 356-5004 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 co~i'ect copy of the Ordinance ~No. 07-4247 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 9th day of January, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 17, 2007. Dated at Iowa City, Iowa, this 9th day of February, 2007. ~~ ~ ~ Julie K._. opari[ Deputy City Clerk Printer's Fee $~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper 1 time{s), on the following date{s): Legal Clerk Subscribed and sworn to before me this`~.~~r.- f~ day A.D.20~_. ~"*"""` " ~' Notary Public ;,. -: ~ ` ' L]PiDA ~7 Z O~tdsaion I~ttutlbBC[,,.7,i3281$ a~" ~~^r^r83 .le~tuary 27, 20D8 l `OFFICIAL PUBLICATION ~ ORDINANCE N0.07-4247 AN ORDINANCE AMENDING THE ZONING CODE TO ALLOW A MINOR ' MODIFICATION IN CASES WHERE ~ THERE ARE PRACTICAL DIFFICUL- TEES MEETING THE STANDARDS FOA 5TRUCTUREO PARKING FACILITIES WHEN RETROFITTING SUCH FACILI- TIES WffHIN E7GSTING BUILDINGS. WHEREAS, the Zoning Cade contains standards for structured parking facilities to ensure that structured partdng located within mufti-family and commer- ~ cial build"mgs is designed to minimize tral• fic congestion by limiting the number of driveways and garage entrances/exfts, to prevent hazards to pedestrians and to ~ preserve street frontages for active build- ~ I Ing uses; and , WHEREAS, the standards are reason- able for the vast majority of buildings, particularly for new construction; and WHEREAS, there may be structural con- ' siraints within some existing buildings that make it difficult or.impos5ible to meet the structured parking standards; and ~ WHEREAS, it is reasonable in cases ~ where there is practical difficulty meeting the structured parking standards for t--. existing buildings to provide a means to 1 adjust the standard through a minor mod- ification process, provided certain condi- tions are met to minimize tits effect on ifre E streetscape and minimize hazards to pedestrians. ~~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY , OF IOWA CITY, IOWA: , ~QNy The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: ~ i A. By deleting paragraphs t4-5A-5F-5 in its entirety and substituting in lieu thereof: 5. Garage EntranceslExits. a. Vehicular access to parking within ' buildings should be located and designed to minimize traffic congestion and haz-, ' Ards to pedestrians acid to preserve j street frontages for active building uses. b, Garage entranceslexits should be ' located along a building wall that does net face a public street and should be { accessed from a private drive, private rear lane or public alley. Inthe GB-2, GB- I 5, and MU zones, alley or rear lane aaess is preferred. It the Budding Official i in consultation with the Director at Planning and Community Development ~ determines that such aceess is not feasi- ble due to topographical limitations or other unique circumstances, or H allowing dlract access from a street will better meet the objectives as stated in subpara- graph a., above, garage openings may face a street, but must be designed in a manner that will best meet the objectives i listed in subparagraph a, above, and um st meet the standards listed in sub- , subparagraphs (1}, (2}, and (3}, below. (1) If the structured parking is intended I -tor residents or tenants of a building and I jnat the general public, there may be no more than one double-wide or two smgle- wide garage openings per building. Double-wide openings may mot exceed I ,1B feet iri width; single-wide openings may not exceed 9 feet in width. For exist- i ing buildings where it is not possible to I I meet this standard due to structural con- j straints of the building, the Building ; Official may adjust this provision to allow ' ~ one additional garage entrancelexit that ' faces a street, provided that the minor modification approval criteria are met and i the garage opening is designed to mini- i mize its effect on the streetscape and minimize,hazards to pedestrians-. I ' (2)' For structured parking intended far use by the general public, gara~ open- ings should be limited in width and num- . her to only what is necessary to provide ' adequate access far the types and num- bers of vehicles using the parking facility. (3) Except in the GN-1, CB-2, Mil and C&5 Zones, the opening(s) must occupy ~ no more thari 50°k of the length of the street-facing building wall. On comer lots, , only one street-facing garage wall must meet this standard. In the CN-1, CB-2, MU and CB-5 Zones, garage apening(s} along the primary street frontage are not permitted if access is feasible from anoth- er local ar collector street or from a rear alley, private street ar prhrate real lane. If I there is no feasible attemative, garage opening(s) may be ailawad along the pri- mary street frontage, provided that they ' ~ occupy no more than 35 percent of the I length of the. pnmary street frontage of the lot artd provided that all provisions of ~ Article 14-5C, Access Management are met. B. By adding a paragraph 17. .to 14-48- '• 1A, Applicability, as follows: ~ 17. One additional garage ~ ~ entrancelexR to structured parking may i be granted according to the provisions of ' paragraph 14-5A-5F-5, Garage EntranceslExits. The Building Official must obtain approval from the Director of j Planning end Community Development , ~ prior to granting any such modfcation. SECTION III. REPE; Aj.EB. All ordi- ~, nances and parts of ordinances in conflict ,with the provisions of this Ordinance are Hereby repealed. ~ ' If any ~ section, provision or part of the Ordinance shall be adjudged to ba invalid or unconstitutional, such adjudication 'shall not effect the validity of the Ordinance as a whole or any section, pro• ' vision or part thereof not adjudged invalid I or unconstitutional. SECTION V. EFFECTIVE DATE, This ' Ordinance shall be in etteCt after its final passage, approval and publicaffon. Passed and approved this 9th day of January, 21707. s/Ross Wilburn, Mayor ~ Attest: slMarian tC. Kar, City Clerk {.73255 _ Y _ -- January t7, 2006 1 i r , :_.:.®~~ r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1825 (319) 356-5000 (319) 356-5009 I:AX www.icgav.org STATE OF IOWA ) 5S JOHNSON COUNTY ) .~ I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do here(~y certify=thaf the Orciinarice attached hereto is a true and correct copy of the Ordinance No. 07-4248 which was passed bythe City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of January, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2007. Dated at Iowa City, Iowa, this 9th day of February, 2007. .~ ~ 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 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a native, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): s , Legal Clerk Subscribed and sworn to before me this [off day of A.D. 20~~,_° atary Public uana ~orz ~~~~ Cassrrti98lCri Number 732619 My Commtsttbn F.iq~ires , °V''" JAt1u8ry 27.2006 OFFICIAL PUBLICATION ORDINANCE N0.07-4248 ORDINANCE AMENDING TFfE PLANNED DEVELOPMENT OVER- LAY PLAN FOR THE PENINSULA NEIGHBORHOOD. WHEREAS, by Ordinance No. 01.3958 the City adopted a Conditional Zoning ,•, Agreement and Preliminary Planned Development Overlay Plan for the Peninsula Neighborhood; and WHEREAS, the Planned Davebpment ~ Overlay Plan included the Peninsula Neighborhood Code, which specifies ' building placement requirements for the ~ Peninsula Neighborhood; and WHEREAS, The developer has request- ed amendments to the Planned Development Overlay ?Ian for the Peninsula Neighborhood to eliminate McCleary Lan® and the adjacent 12 lots and replace them with 3 single family lots and 5-townhouselrowhousa style dwellings, transfer lots 99-115 from Phase 5 to Phase 2a, revise building placement standards for Bungalows, add Bungalow locations to the OPD plan, adapt building placement standards for Multiple-Unfl Buildings far oudots O and U, designate lot 68 for the location of 4 live work units, remove the shared drive- way from lots 54 and 55, remove lot 7a and add the property to the adjacent lots and move the Required Street Building Line {setback) for lots 99-109 from 7 f~i to 12 fast. WHEREAS, the Planning and Zoning Commission has reviewed the revised Peninsula Neighborhood Code and Planned Development Overlay Plan arid ' has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CfTY, IOWA: ' SECTION f. APPROVAL, The revised Planned Development Overlay plan is hereby adopted for the properly described below: That paA of Auditor's Parcel No. 95080 and all of Auditors Parcel. No. 97099, . Iowa City, Johnson County, Iowa described as follows: Commencing as e point of reference ai the South quarter- comer of Section 4, Township 79 North, t Range B West ai the 5th P.M.; thence North 1°39'04' WesE 1317.54 feet along the East line oT the Southwest Quarter of ~ said Section 4 {assumed bearing for this description Doty); thence South 89°43'51' blast 563.04 feet abng the South line of Government Lot 5 of said Section 4, to a Northeasterly comer of said Auditor's Parse! No. 97099 and the point of begin- ning; thence South 0°16'09' East 159.36 feet along an Easterly line of said Auditors Parcel No. 97099; thence Souk 45°57'40' West 191.63 feet along a Southeasterly line of said Auditor's Parca! No. 97099; thence South 85°52'55' West 170.28 feat along a Southeasterly line of ' said Auditor's Parcel No. 97099; thence South 42°1710' West 607.44 teat ebng a Southeasterly Gne of said Aud'dors Parcel No. 97099; thence South 81°42'52' West 978.15 feat along a i Southeasteny line of said Auditor's Parcel { No. 97099; thence North 49°44'00' West 704.00 feat; thence North 15°34'30" West 615.50 feet; thence North 1 °14'00' West 372.58 feet; Thence North 8°12'00" East 329,35 feet to a point of intersecllon with the Eastedy bank of the Iowa.Rivar artd a Westerly line of said Audttors Parcel No. 95080; thence Nortfi 57°04'00' East 772.78 along a Northwesiedy line of said Auditor's Parcel No. 95080; thence South 65°32'14' East 972.25 feet along a Northeastedy Ilne of said Auditors Parcel No, 95080; thence North 78°iB'1B" East 468.47 feat along a Nonheny line of said Auditor's ParceE No. 95080; thence South t°39'04" East 981.65 feel along an Easterly line of said Auditor's Parcel Nc. 95080 and an Easterly tins of said Auditors Parcel No. 97099; thence North . 88°43'51' East 330.00 test along a Northedy line of said Auditor's Parcel No. 97099 to the. point of beginning and con- taining an area of 82.1 sores more.ar less. SEC~tON II. ADOPTION OF REVISED DEVELOPMENT C,~ Tha revised Peninsula Neighborhood code is hereby adopted as a component of the Planned Development Overlay (OPD) Plan by Ehis reference, and the terms and require- ments therefore era given full forte and affect as ii fatly set forth herein. SECTION III. CE ATI RECORDING. The City Clerk is hereby authorized and directed to certify a Dopy of this ordinance, a copy of the Preliminary OPD Plan, and a copy of the Peninsula Development Code, and mcord 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 bylaw. SECTION IV. REPEALER, All ordi- nances and parts at ordinances in conflict with the provi-stores of this OMinance are hereby repealed. ' SECTION V. SEVERABfLITY If any Sac tion, provi-sion or pan of the Ordinance shall ba adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whale or•any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION Vi. EFFECTIVE OAT .This Ordinance shall be in effect alter its fnal passage, approval and publication, as provided by law. Passed and approved this 23rd day of January, 2007. S/Ross Wilburn, Mayor Attest 54ularian K. Karr, City Clerk 72995 January 31,2007 a ~ =..®~r~ ~n~~~~ w~°a'~il CITY 01= IOWA CITY 410 £ast Washington Street Iowa Ciry, Iowa 52240-1826 [319) 356-5000 (319) 356-5004 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. 07-4249 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 23rd day of January, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on January 31, 2007. ,: . ; Dated at Iowa City, Iowa, #his 9th day of February, 200~7~ ~~, V Voparil Deputy City Clerk OFFICIAL PUBLICATION ~ i Printer's Fee $ . `"rr CERTIFICATE DF PUBLICATION STATE DF IDV~A, ~DHNSDN COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 4Z-~33Q67p ~, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s), vn the fallowing date{s}: Legal Clerk Subscribed and sworn to before me this [~`~'`-' _ day A.D. 20 ~~ _.~_~ o ~ry ~PubliC ~mrrt 0"~` ~rrtber 73~ •~..• ~'1r G~+rtm}s~Iar'1 ~Irosi9 '~~~Y 27, ~[ft)8 ORDINANCE NO.07-4248 ORDINANCE AMENDING TITLE 4, ENTITLED, "ALCtaHQLIC BEVER- AGES,` CFfARTfR ~, EMTITI.j~~}, "PtaOHIBITION5 AND RESTRIC- rlaalrs," s~cTlaN a, ENTITLED, "REG- ULATIGN OF P£lR5ON5 UNDER LEGAL AGE" TO PRgVIDE THAT S~C- ONp AND StJBS1=0liENT OFFEN5E VIOLATION5 MAY BE BASED ON A PRIOR CONYiCT10N i1NraE1i AN ORW- NANCE FROM ANOTHER - C l T Y OR COUf+ETY 1N IOWA WHEREAS, Section 4-5-4A2e of the City Code presently provides enhanced penalties #ar Second and subsequent convictions for possession ^f alcohol under the legal age (I'AULAj if the first offense is based an either the City Ordinance or the PAULA provision in state law, Section 123.47 of the Code of laws; WHEREAS, the ordinance should be amended to provide that the prier eonvio- tion, for purposes of enhancement, may also be based vn a violation of an ardi- nanoe of another crty or county in Eowa if it substantially corresponds either to seo- lien 123.47 of the Code of Iowa yr the Grry ordinance; and WHEREAS, it is in the public interest to adopt this amendment. NaW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL QF THE CITY vF t;fTY, IowA: ~ . I ~l E D 1. Tale 4, entitled "Alflvholio 13everage5,' Chapter 5, entitled 'Prohibitions and Restrictions," Section 4 entitled 'Regulation of Persons under t_egal Age; 5u>asection A2 is amended by deleting Paragraph a in its entirety and Substitut- ing the following new Paragraph e: In determining if a violation charged is a second or subsequent offense, conviction for violation of this section, section 123.47 of the Cade of laws, yr an ^rdi- nance of any city or cvuniy in the State of lows that substantially corresponds io this section yr section 123.47 of the Code of lows.shall be counted a5 previous ' offenses. SECTION ll. R1;.P,FALEB, All ordinances and parts of ordinances in conflict with the provision of this Ordinance are here- by repealed. I V B If any section, provi-sion or part of the '~ Ordirrarxae shah tie adjudged to fee invalid or unconstitutional, such adjudication ' shall not affect the validity at the Ordinance as a whale ar any section, pro- vision ar part thereof not adjudged invalid or unaonsti-tutional. ~1s~ I IV E.FFECTIVE_OATE,_ This . G~i-Hance sfrafl tike affect apart puthica- ~ lion. , .. Passed=and approved this 23rd day of January, 2[H}7. slRoss Wilburn. Mayor Attest: slMarian K. Karr, City Cierk- ~' r ~_ T2996 January 3f , ~00~ l r ~~~_~~ .:ill ~ ~ ~®~~~ 1 ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319] 356-5000 (3l9] 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of lows City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4250 which was passed by the City Council of Iowa City, lowa, at a Council meeting held on the 6th day of February, 2007, all as the same appears of record in my office and published in the fovea City Press-Citizen on February 14, 2007. Dated at Iowa City, Iowa, this 12th day of March, 2007. Ju I Voparil Deputy City Clerk Printer's Fee $ ~ .~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ri time(s), on the following dates}; Legal Clerk Subscribed and sworn to before me this `~ day of A.D.20 ~~. ~~- ar Public uNar- ~oTZ -. ~'~,~, t:.artmlr~lon Ir'lulrtber 732819 ~.lar~Jery 'Z7, 2008 OFFICIAL PUBLICATION ' 't ' ORDINANCE ND. 07-4250 ' ORDINANCE REZDNING 17.75 ACAE5 ~ OF LAND LOCATED EAST OF MOR- MON TREK BOULEYARD AT EAGLE V[EW DRIVE ANR GRACE DRIVE FROM INTEN5NE COMINERCIAL (C!- ' f} 7D OFFICE COJdAlEACJAL (CO.1}.. (REZO6-Ol)02i) WHEREAS, the applicant, James Davis, has requested a rezoning of properly lovated between Eagle View Drive and Grace Drive from Intensive Commercial (C!-1} to Office Commercial (CO-1} 10 ~ construct an office park east of Marmon ~ Trek Boulevard Extended ;and WHEREAS, the Planning and Zoning Commission has found that the CO-1 zone is intended to provide specific areas ? where office functions, compatible bust- , nesses, apartments, and certain public and semipublic uses may be developed In accordance with the Comprehensive ' Plan; and WHEREAS, the Planning and Zoning Commission has found an office park as compatible with current and proposed adjacent uses; and WHEREAS, the Planning and Zoning .Commission has found that PIP Printing will be a conforming use within the CD-1 zone; and WHEREAS, the Planning and Zoning ' Commission has found Thal the proposed 1 rezoning is in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning ~ Commission has recommended approval of the proposed rezoning; and ' WHEREAS, the Iowa City City Council concurs with the recommendations of the r Planning and Zoning Commission. ' NOW, THEREFORE, BE IT ORDAINED ~ t BY THE CITY COUNCIL OF THE CITY ; OF fOWA tiJTY, IOWA: , SECTIDN I. The properly described below is hereby reclassified from its Cur- ' rent zoning classrfication of intensive Commercial (CI-1} to Offlae Commercial (CO-1 }and is hereby approved: ' JJA Davis parts II and III. SECTION II. ZONING MAP. The ' I Building Inspector is hereby authorized ' j and directed to change the zoning map of ' , the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ardF Hance by law. SECTION Ill. CERTIFICATION ANb RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tify acopy of this ordinance and to record the same, at the office of the County Recorder at Johnson County, fawa, at the owner's expense, all as provided by taw. I SECTION IV. REPEALER. All ordi- nances end parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any I section, provision or part of the ; Ordinance sha[I be adjudged to be invalid or unconstitutional, such adjudication shall not effect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. Thls Ord{-Hance shall be in effect after its fine! passage, approv-al and publication, as provided by law. Passed and approved this 6th day of Febn,ary, 2007. s/Ross Wilburn, Mayor Attest: slMarian K. Karr, City Clark 73078 February 14, 2007 E- - ~ r ~~,.®~~ ~! ~m ~ CITY OF IOWA C{TY 410 East Washington Street Iowa City, Iowa 52240-1826 (319] 356-5000 (3t9} 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. 07-4251 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of February, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February T4, 2007. Dated at Iowa City, Iowa, this ~2th day of March, 2007. ~~~ Julie oparil Deputy City Clerk Printer's Fee $ ~ S '-~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ~~.~~~dKr~r 2r~ ~ Legal Clerk Subscribed and savor to efo a me this ~ S~"` day of A.D. 20~_. `rte.... otary Public ur+tar-larnz . OanltmEaslon I~kxrtber 732819 AAyCr7m111Ession iRxpires .tArluary 27, 2fJ08 OFFICIAL PUBLIGATION ORDINANCE NO. 07.4251 AN ORDINANCE AMENDING TITLE 14, CHAPTER S, ARTICLE J, FLOOD PLAIN MANAGEMENT ORDINANCE TO ADOPT THE RE-FORMATTED FLOOD INSURANCE RATE MAR WHEREAS, Eowa City will be receiving an updated Flood Insurance Rate Map {FIRM} to arrive by February 2007; and WHEREAS, Iowa City must tormal]y adopted the new FIRM as pert of its iloodplaln management ordinance; and MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT 14.5J-2A is hereby emended as follows: Repeal 14-5J-2A. Application tai Provisions: Tha regulations within this article apply to all lands and uses that have significant flood hazards. The 'Johnson County, Iowa, And Incorporated Areas Flood Insurance Rate Map', dated August 20, 2002, and any future revisions iheret_o, shat[ be used to identity such flood hazard areas. All areas shown thereon located within the boundaries of the 100-year flood event are considered. to have significant flood hazards. Where uncertainty exists with respect to the pre- cise location of the 100-year flood bound- ary, the location wi[I be determined on the basis of the 100-year fiood elevation at the particular site in question. [t shall be the responsibility o1 the property owner to obtain the accurate ground elevation information for comparison with the 100- yeai flood elevation. The 'Johnson County, Iowa And Incorporated Areas Flood lnsuranca Study", as amended, is hereby adopted by reference end is made a part of this article for the purpose of administering floodplain management regulations. Where 100-year flood data has not been provided in the flood insur- ance study, the Iowa Department of Natural Resources or its successor shall be contacted to compute such data, or the ciiyr engineer shall compute such data. And replace with 14-5J-2A. Application Ot Provisions: The regulations within this article apply to au lands and uses that have significant flood hazards. The 'Johnson County, Iowa, And lncorporated Areas Flood Insurance.Rate Map', dated February i6, 2007, shall be used to iden- tify such flood hazard areas. All areas shown thereon located within the bound- i arias of the 1t)D-year flood event ara con- sidered io have significant flood hazards. : Where unvertainty exists with respect to the precise location vi the 1U0-year Rood boundary, the location wi[I be determined I on the basis of the 100-year flood eleva- iion at the particular site in question. It ~ shall be the responsibility o1 the property owner to obtain the accurate ground ele- , vation information for comparison with the 100-year flood elevation. Tha ~ 'Johnson Gounty, Iowa And Incorporated Areas Flood Insurance Study', as amended, is hereby adopted by refer- ence and is made a part of this article for the purpose of administering floodplain I management regulations. Where f 00- yearflood data has not beon provided In ~ the flood insurance study, the Iowa Department of Natural Resources or fts ~ successor shall be oontacted to compute such data, or the city engineer shall com- pute such data. 1 SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict ; with the provisions of this Ordinance are herebyrepealed. SECTION III. SEVERABILITY. if arty section, provision or part of the Ordinance shall be adjudged to be invalid I ar unconstitutional, such adjudication I shall not affect the validity of the i Ordinance as a whale or any section, pro- I vision or pan thereof not adjudged irnalid , or UnCOnstitutlonal. SECTION IV. EFFECTIVE DATE. ,This Ordinance shall be in effect aHer its final I passage, approval and publication, as provided by law. Passed and approved this 6th day of February, 2007. slRoss Wilburn, Mayor Attest: slMarfan K. Karr, City Clerk 73077 February 14, 2007 r _ _ - _ _. _ _. ~ f ~ ~ ~~~®d~~ ~Ifi~~~ ~ ~~°~~[L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319] 35b-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. 07-4252 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of February, 2007, al! as the same appears of record in my office and published in the Iowa City Press-Citizen on February 2$th, 2007. Dated at Iowa City, Iowa, this 12th day of March, 2007. ~~ , ~ Julie oparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSUN COUNTY, SS: THE IOWA CITY PRE55-CITIZEN FED. ID # 42-0330G70 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper times}, ^n the following dates}: Legal Clerk Subscribed and sworn to before me this ~- day of A.D. 20 ......~ .__~.-_--_-- ._.~.._ -- ~ , otary Public uNaa ~orz [~ommisslan Nlurnber 732819 - Wy Cammtsslan E~ires °1"' .lartuary 2T, 2DC8 OFFICIAL PUBLICATION ' DRbINANCE NO.Oi-4252 ORDINANClE VACATING A RQRTIDN OF MCLEAN STREET BETWEEN HU7CHIN5DN AVENUE ANa LEXINta- TaDN AvEN~E. rivacos-0aoosy WHEREAS, the applicant, Kevin O'Brien, has requested a vacation of a portion of the McLean Siraet right-of- way; and WHEREAS, the Planning and Zoning Commission has found that the portion of McLean Street in question serves no public purpose and was not likely to da ' so in the future; and WHEREAS, the Planning and Zoning Commission has recommended approval of the requested vacation; and WH1=FiEAS, the Iowa City City Council concurs with the raoommendations of the ~ Planning and Zoning Commission. NQW, THEREFORE, 8E IT DRbAINEb BY THE C17Y CpIJNCIL OF THE C1TY OF IOWA CITY, IOWA: ~IIDI.!L_L The property described below is hereby vacated by the City of laws City: Beginning at the north-east comer of Block 5 in the Manville Addition to Iowa City, laws as recorded In the Plat Book 1 at page 149, records of the Johnson County Recorder, then north fifty (50) feet, then west three hundred (300) feet, then south fifty {snj feet, then east three hundred {300j feat to the paint of begin- Wing. T ~ All ordi- nances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby -epealed. section, provision or part off the ~ Ordinance shall be adjudged tq be ~ invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Qrdinan~e as a whole or any sectioh, ; ~ provision ^r part thereof not adjudged , invalid ar unoansti-tutional. .This Ordinance she!! ba in effect after its final F Passage, approval and publication, as ' provided by law. Passed and approved this 20th day of February, 2007. sJRoss Wilbum,,Mayor Attest: slMarian IC. Karr, City Clerk ._72822 February 28, 2007 ~ r STATE OF IOWA ) SS JOHNSON COUNTY ) ~~~~~ 410 East Washington Street Iowa City, Iowa 52240-1826 (319} 35b-5000 (339} 35b-50x4 1=AX www.icgov.org ~W~~~ -~.~_ Cl~r of IOwA CITY 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. 07-4253 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of February, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on February 28th, 2007. Dated at Iowa City, Iowa, this 12th day of March, 2007. Julie aril Deputy City Clerk Printer's Fee $ ~ ~-S,~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. Ill # 42-03306'10 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the f~owing date(s): vv J Legal Clerk Subscribed and sworn to before me this ~ day of A.D. 20~. Notary Public *P, , , u~oa xAO~z ` ,~ Rr CommissJon Number 732919 ~,~ My t',ommfssbrt Expires O7 Jtlnumy 27, 2D08 t OFFICIAL PUBLICATION ORi7iNANCE NO.O7-4253 , AN ORDINANCE AMENDING ORDI- I NANCE NO. 1164245, WHICH AMENDS CERTAIN SPEGIflC PROVE ' SIONS WITHIN TITLE 14, ZONING ' CODE, CHAPTER 2, BASE ZONES; CHAPTER 3, OVERLAY ZONES; CHAPTER 4, USE REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7, ADMIN- _„ ISTRATION; CFIAPTER S, REVIEW AND APPROVAL PROCEDURtcS; CNAPTER 9, DEFlNITtONS. WHEAEAS, Ordinance No. 06-4245, was passed and approved by the City Councl on December 12, 2006 ; WHEREAS, said Ordinanoe No. t]B- 4245 contains thirty-three amendments i to certain provisions within Titte 14, ' Zoning Code, Chapter 2 Base Zones, + Chapter 3 Overtay Zones, Chapter 4 Use j Regulations, Chapter 5 Site I Development Standards, Chapter 7 ; Administration, Chapter 8 Review and Approve! Procedures, and Chapter 9 Definitions; , WHEREAS, certain incorrect references within Ordinance No. 06-4245 to specific I sections and subsections enumerated within the Zoning Coda result in the dale- , tion at certain provisions within the Zoning Code that were not meant to-be aifacted in any way; i WHEREAS, said previsions relate to illu- ' minatfon requirements for signs; cross references io the application of the multi- family site development standards io i General Education Facilities and ReligiouslPrivate Group Assembly uses in residentlak zones and the central plan- ning district; CN-1, CB-5 and CB-10 Zone site development standards for buildings that are !iffy feel (50') or less in . width; and penalties for the violation of the Zoning Coda; and WHEREAS, to amend the Zoning Code as intended, said incorrect references within Ordinance No. -6245 to specific enumerated sections and subsections within the Ton'':ng Code should be tor- . ratted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ' OF IOWA CITY, IOWA: SECTION I. Ordinance No. OB-4245, . passed and approved by the City Council ' December 12, 2006, is fiereby amended I aS #ollows: A. Reference to Section '14.58-4' in the portion of Amendment #7 deleting said section is hereby replaced with "subsea + bons 1458-0A, 4B, 4C and 4D'. B. Reference to '14-46~D-9' in the por- tion of Amendment #10 deleting said paragraph is hereby replaced wftfi 'suer' paragraphs 14-4B-4D-9a,b,c,d,e and f`. C. Reference to '14-4B-4D-14' in the portion of Amendment #11 deleting said paragraph is hereby replaced wRh 'sub- paragraphs 14-4B-4A-14a,b,c,d,e and P, i D. Reference !o subsection '14-2C-7M' j in the portion of Amendment #30 deleting said subsection is hereby replaced with "paragraphs 14-2G7M-f and 2`. E. Referenoe to subsection "14-2C-8M' in the portion of Amendment #30 deleting said subsection 9s hereby replaced with 'paragraph 14-2C-8M-1". F. Aeferenoa to subsaction'14.7C-5A` in the portion of Amendment #3t deleting said subsection is hereby replaced with 'paragraph 14-7C-5A-1'. SECTION tl. R~EFRI F~.AII ordinances and parts of ordinances in COntlicf with the provisions of this Ordinance are hereby repealed. I . If arty t section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudica- tion shag not affect the validity of the I Ordinance as a whole or any section, provision or part thereof not .adJudged .# invalid or unconstitutional. r SECTION}(, EFFECTIVE GATE. This f Ordinance shall be in effect after its Tina! passage, approval and publication. Passed and approved this 20th day of February, 2007. slROSS W"ilbum, Mayor Attest; s/Marian K. Karr, City Clark 72823 February 28, 2007 _.~ _~ r ~ _~ ~~~~`~~ ,~~~•~ -~.~_ CITY OF IOWA CITY 4l0 East Washington Street Iowa City, Iowa 52240-1826 (319) 35b-5000 (319) 35b-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. 07-4254 which was passed by the City CounciE of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 28th, 2007. Dated at Iowa City, Iowa, this 10th day of April, 2007. \~V b ,~ Ju paril Deputy City Clerk Printer's Fee $~~ CERTIFICATE°OF PUBLICATIQN STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the ollowing date(s): t Legal Clerk Subscribed and sworn to before me this 3 r~0 day of A.D. 20~_. _ ..___-. - ~ tart' Public o ,.~, un~~Aa~o-rz ~~ Cornmisston Number 732619 ,~ wY Comn>Ession Expires O71 Jlenuary 27, 2008 OFFICIAL PUBLICATION ORDINANCE N0.07-4254 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY • .2 ACAES OF PAOPEATY LOCATED ~ WEST OF DIANA STREET AND SOl1TH OF KIRKYYOOD AVENLfE, FROM LOW DENSITY SINGLE FAMILY RESIDEN- ~ • TIAL (RSfi) TO COMMERCIAL OFFICE , (CO-i). (REZQ6-00027) WHEREAS, the appltcani, MVL ~ Properties, has requested a rezoning of property located west of 1016 and 1018 Diana Street and south of 521 Kirkwood ; Avenue; and WHEREAS, the property is currerdly zoned Low Density Single Family (R5-5); and , WHEREAS. the applicant is acquiring from the City of Iowa City a portion of vacated alley right•of-way adjacent to the ' CO-1 zone at 521 Kirkwood Avenue (cur- ' renty the lensing Funeral Home proper- , ~ ty); and ~ WHEREAS, the applicant is acquiring the rear 39 feet of the residential lots at 1 D16 and 1018 Diana Street; and WHEREAS, these acquired properties ' will be added to the CO.1 property at 521 Kirkwood to create a rectangular lot; and WHEREAS, all property along Diana Street will remain zoned RS-5; and WHEREAS, the Comprehensive Pfau indicates that the property to the east, ' north, and south of the subject property should continue to be developed for resi- dential purpose; and WHEREAS, the Comprehensive Plan's discussion of the Central Planning • District identifies Kirkwood Avenue es an area of particular concern with regard to ~ the need to preserve existing neighbor- fwad integrity; and WHEREAS, Iowa Code §414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's rezoning request, over and above existing regulatons, in order to satisfy public needs caused by the requested change; and t WHEREAS, the applicant has agreed to develop the property in accordance with the terms and conditions of the • Conditional Zoning Agreement attached ~ hereto to ensure appropriate develop- ; meat in this area of the city; and WHEREAS, all access for commercial traffic to and from the CO-1 property via the east-west alloy connecting to Olana Street will t>e prohibited; and NOW, THEREFORE, i3E 1T ORDAINED BY THE CITY COUNCIL OF THE CRY OF IOWA CITY, IOWA: SECTION I APPROVAt_. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the prop- erty described below is hereby reclassi- fied from its current zoriing classification low Density Single Family (RS-5) to Commercial Office (CO-1) is hereby approved: ~ Auditor Parcel 2006153: Beginning at the Southwest comer of Lot 3 of Block 6 of R. 5. Lucas AddRion to fowa City as record- ' ed In Deed Book 13 on page 580 in the office of the Johnson.Caunty Recorder, ' thence N 89°5722" E along the North line ' of a 20-foot alloy running through said i Block 6, a distance of 59.00 feet; thence S 00°19'D4" W, a distance of 73.fl1 feet; thence N89°58'34' E, a distance of 41.45 feet; thence S 00°18'04' W, a distance of 146.01 feet to a point an the South line of Auditor's Parcel 2004035 es is recorded • in Bovk 47 on page 132 in the oK~ce of • the Johnson County Recorder; thence N 69° 53' 3B° W along the South line of said Auditor's Parcel 2004U35 a distance of 39,00 feat to a paint on the West line of said 20-foot alley, being the Northeast ~ comer of Lot 30 Highland Park Addition to ' Iowa City as is recorded in Book 6 on ~ page 41 in the office of the Johnson `~~ . ~ ~~ county recorder and the Southeast cor- ner of a Plat of Surrey recorded in Book 4 on page 203 inlhe office of the Johnson County Recorder, thence N 00°19'04' E along said West fine, a distance of 152.82 feet to the point of beginning containing 8748.11 square feat and being subject to ~ all easements and restrictions of record. 5ECTION II. ZONING MAP. The build- ing official is hereby autfiorizod and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the finaP passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONfNS AGREEMENT. Tho mayor is hereby authorized and directed to sign, and the City Glerk attest, the Conditiona[ Zoning Agreement between the property owners and the City, ,following passage and appraval'of this Ordinance. I V. TIFI RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer- tify acopy 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 pas- sage, approval and publication of this ordinance, as provided by law. SECTION V. R1=PEALER. All ordinances and pans of ordinances in canfiict with the provisions of this Ordinance era here- by repealed. ,~GTION VI. SEVERABlLITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity pf the Ordinance as a whole or any section, . provision or part thereof not adjudged invalid or unconstitutional. SECTION VIt. EFFECTIVE DATE. This ~ Ordinance shell be in effect after its final passage, approve! and publication, as provided by law. Passed and approved this 20th day of March, 2007. s/Rass Wilburn, Mayor Attest: sJMadan K. Kerr, City Cleric CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal cor- poration {hereinafter "City"), and MVL Propertes, LLC (hereinafter "Appiicant'7; and WHEREAS, Applicant is the fegai title holder o1 approximately .2 acres of prop- erty located west of Diana Street and South of Kirkwood Avenue; and WHEREAS, the Applicant has requested the rezoning of said properly from Low Density Single-Family Residential (RS-5) to Commercal Office (CO-1); and i WHEREAS, the Planning and Zoning Commission has deietmined that, with i appropriate conditions regarding nD com- martial traffic having access to the prop- +~ arty via the east-west alley connection to Diana Street, the zoning is in confor- mance with tho Comprehensive Plan; j and WHEREAS, fowa Code §414.5 (2005} provides that the City of Iowa City may impose•reasonabie conditions on granti- ng an applicants rezoning request, over and above existing regulations, in order to satisfy public needs caused-by_the -requested change; and WHEREAS, the Applicant acknowledges that certain corrdiUons and restrictions + .are reasonable to ensure the develop- ment of the property does not adversely aflact the adjacent residential neighbor hood 1o the east; and ° ~ ^ 4~s~ WHEREAS, Diana Street is a residential street and is hot designed Zo serve com- mercial traffic; and WHEREAS, the east-west alley from i biana Street is located within the RS-5 I zone, is designed for residential usage and Is surrounded by residential proper- ties; end WHEREAS, the neighboring residential I properly owners have expressed concern about increased traffic on Diana Street; and ' WHEREAS, the. Comprehensive Pian indicates that the property to the east, north, and south of the subject property should continue to be developed for. resi- dential purpose; and WHEREAS, the Gomprehensiva Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concem with regard to the need to preserve existing neighbor- hood integrity; and WHEREAS, the Applicant agrees to develop this property in accordar~e with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, In consideration of ~ the mutual promises contained horein, ' the parties agree as follows: 1. MVL Properties is the legal Ettle holder , of the property legally described as tot- lows: Auditor Parcel 2006153: Beginning at the , Southwest comer of Lot 3 of Block 6 of R. S. Lucas Addition to Iowa City as record= ' ed in Deed Book 13 on page 580 in the, office of the Johnson County Recorder; thence N 89°5722" E along the North line of a 20-foot alley running through said BlCCk 6, a distance of 59.00 feet; thence S 00°19'04" W, a distance of 73.01 teat; thence N89°58'34" E, a distance of 41.45 feat; thence S 00°19'04" W, a distance at 146.01 feet to a point on the South line of Auditor's Parcel 2004035 as is recorded in Book 47 on page 132 in the office of the Johnson County Retarder, thence N 88° 53' 38' W along the South line of said Auditor's Parcel 2004035 a distance'of 39.00 feet to a point on the West line of said 20-foot alley, being the Northeast ~ comer of Lot 30 Highland ParkAddition to Iowa Giiy as is recorded in Book 1i on ~ page 41 in the once of the Johnson County recorder and the Southeast cor- ner of a Plat of Survey recorded in Book 4 on page 203 in the office of the Johnson County Recorder; thence N 00°19'04' E along said Wesi line, a distance of 152.82 feet to the point of beginning containing 8748.11 square feet and being subject to all easements and restrictions of retard. 2. The Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Gode §414.5 (2005) 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, including provisions for prohibit- ingcommercial trathc access to and from the properly via the east-west alley con- nection to Diana Street. Therefore Applicant agrees to certain conditions over and above Cily regulations es detailed below. 3. In consideration of the City's rezoning ' the subject property, Applicant agrees that development of the subject property wi]] conform to elf other requirements of the zoning chapter, and that no Commer- cial traffic will have access to the proper- ty via the east-we5E alley connection to Diana Street. 4. The Applicant and City acknowledge that the condhions contained herein are roasonabie conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change, 5. The Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdi- vided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shell be deemed to be a covenant running with the land and wish tide Eo the land, and shall remain in full force and effect a9 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 agreemerd shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. App]icani acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable focal, state, and federal regu- lations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adop- lian and publication of the ordinance, this agreement shat! be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 20th day of March, 2007. Cf'fY OF IOWA CITY slRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk APPLICANT ' slMichasl J. Lansing President Lensing Ltd. ~ 62610 March 28, 2007 I Q J ~ ~~ a r ..®~ ~ .'~ CITY 4F IOWA CITY 4l0 East Wasf~ington Street lowa City, Iowa 52240-1826 (319} 356-5000 (319} 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4255 which was passed by the City Council of Iowa City, Iowa, at a Counci[ meeting held on the 20th day of March, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 28th, 2007. Dated at Iowa City, Iowa, this 10th day of April, 2007. - ~~~ Julie paril Deputy City Clerk ~~ _ ~ ~~ ~~~~ Printer's Fee $ ~ . S ~ CERTIFICATE OF PUBLICATION STATE of rowA, JOHNSON COUNTY, SS: THE IOWA CITY PRES5-CITIZEN FED. IB # 42-0330570 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following ate(s}; Legal Clerk Subscribed and sworn to before me this 3rd day of A.D. 20 D ~- . vtary Pub1iG i ~ Gom9t tilYelhat' 732817326f 8 ~S 11y 0 8~ ~~s =OFFlC1AL PUBLICATION ORDINANCE N0.07.4255 AN- OADINANCE CONDITIONALLY REZONING APPAOXtMATLEY 1.03 ACRES OF PROPF~iTY LOCATED AT 1902 AND 9906 BROADWAY STREET, FROM COMMERGIAL OFFlCE (CO-1} Tfl COMMUNITY COMMEACIAL (CG 2}.(REZ06-p0e28} WHEREAS, the applicants, Southgate Development Company end Henry E. Nathanson, have requested a rezoning of property located a1 19ty2 and 1908 Broadway Street from Commerdal Office (CO-1) to Community Commercial (CC- 2); and ' WHEREAS, the Planning and Zoning Cammisstan has the reviewed the pro- posed rezoning and determined.thal it is appropriate provided that certain condi- tions addressing the need for an appro- priate transition and buffer from the CG2 zone to residential development; assd WHEREAS, Iowa Code §414.5 (2005} provides that the City of Iowa City may impose reasonable oond'kians on granW ng an applicant's rezoning request, over end above existing regulations, N order to satisfy public needs caused by the requested change; and WHEREAS, the applicants have agreed that the properly shall ba developed in accordance with the terms and candttions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, SE IT ORDAINED BY THE CITY COUNCIL OF 7HE CITY OF IOWA CfTY, Iowa: SECTIt~J~~ROVAL• Subject to the t-onditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified horn its current zoning designation of GO-1 to CC-2: Commencing at the Southwest comer of the 'boundary Survey and Sfte Plan", es recorded Sn Book 3i, at Page 147, in the records of the Johnson Gvunty Recorcer's Office; Thence S69°33'40"E, along the Southerly line of said `Boundary Survey and Site Plan^, 7,00 feet, to a point on the Easterly Rightoi- Way line of Broadway Street, in aa:or- .dance with the Right-of-Way Acquisition Plat, as recorded in Bock 3429, at Page 343, in the records of the Johnson County Recorder's Office, wfrich is the POINT OF BEGINNING; Tfience N03°32'00`E, along said Easterly RigM- of-Way tine, 45.20 feet; Thence ND6°35'00"E, along said Easterly Right- ot-Way line, 55.00 feet; Thence N12°15'00"~: along said Easterly Right- of-Way line, in accordance with the RigM- oi-Way Acquisition Plat, as recorded in Book 3299, at Page 412, of the records of the Johnson County Recorder's Offce, 16.00 feet; Thence N20°00'00"E along. said Easterly Right-of-Way Tina, 58.00 feet; Thence N17°30'tX1`E, along said Easterly Right-obWay line, 36.00 feet; Thence N29°15'00"E, along said Easterly Right-of-Way line, 20.00 feet; Thence fV40°00'00`E, along said Eastany Right- of-Way tine. and its Northerly extension thereof, 30.31 feet; Thence S67°56'tN}"E, 159.36 feet; Thence Southeasterly, 16.23 teat, along an arc of a 3015.00 toot radius curve, concave Northeasterly, whose 16.23 foot chord hears S66°05'16"E; Thence S22°04'00'W, 250.34 feet, to a point on said Southerly fine of "Boundary Survey 8nd Sita Pian`; Thence N69°33'40"W, along said Southerly line, 152.52 feet, to said POINT OF BEGIN- NING, containing 1.03 acre, and subject to easements and restrictions of record. TI ~ .The building ofliaai is hereby authoized and directed 1 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 ord'mence I as approved by law. SECTION ill. CONDITIONAL ZONIN("a AGREEMENT, The mayor is hereby authorized and directed io sign, and the City Clerk attest, the Conditional Zoning Agreement between the property , owners} and the Cify, following passage + and approval of this Ordinance. TI I N F~,CORB3NG., Upon passage and approval of the Ordinance, the City Clads is hereby authorized and directed to car- ! tity a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, laws, at tfte Owner's expense, upon the fnal pas- sago, approval and publication of this; ordinance, as provided by law. SF TION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are here- by repealed. SECTION yt. p1ERA8SLtTY. fl 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 Ordi-nonce shall be In affect after tts final passage, approv-al and publication, as provided by law. Passed and approved this 20th day of March, 2007. sJRoss Wilburn, Mayor Attest: sJMarian K. Karr, City Clerk ' CONDITIONAL ZONING AGAEEMENT THIS AGREEMENT is made ioetweerr the City of Iowa City, Iowa, a municipal cor- poration {hereinafter "City'), Southgate ' DevelopmenE Company end Henry E. Nathanson {hereinatter'Applicants'); , WHERFJLS, the Appllrattts are the legal tills holders of approximatay 1.03 acres of property located at 1902 and 1906 Broadway Street; and t WHERFI{5, the Applicants have request- ~ ed a rezoning of property lovatad at 1902 , and 1906 Broadway Street from ; Commercial Office {CO-1 } to Community ; Commercal (CC-2);; and i WHEREAS, the Planning and Zoning Commission has determined ittaL with appropriate conditions 'regardtttg addressing the need for a transition and butler between CC-2 and residential development the rezoning is appropriate: and WHEREAS, Iowa Code §414.5 (200b} , provides that the City of Iowa City may impose reasonable conditions on granl'r ng an applicant's rezoning request, aver and above existing regulations, in order to satisy public needs caused by the ~ requested change; and WHEREAS, the Applicants acknowledge that certain conditions and restrictions ~ era reasonable to ensure the develop- ment ofthe property provides far a transi- tion and buffer tretwean the existing reai- derrlial,8nd CC-2 zone; and WHEAEAS, the Applicants agree to I develop this property in accordance with , the terms and oond'sUons of a CondiSonat i Zoning Agreement. ~ NOW, THEREFORE, in consideration of ' the mutual promises contained herein, , the parties agree as fotlaws; 1.5outhgate Development Company and I Henry E. Nathanson are the legal title ~ t holders of the property legaly described as follows: Commencing at the Southwest comer of the "Boundary Survey and Stte Plan", as recorded in E3ook 31, at Page 147, in the records of the Johnson t:ourity Recorder's Office; Thence 569°33'40"E, along the Southerly line of said "Boundary Survey and Sita Plan", 7.00 feet, tv a point on She Easterly Rightof; 'Way line of Broadway StreeE, in accor- dance with the Right-of-Way Acquisition PIaL as recorded in Book 3429, at Page 343, in the records- of the Johnson County Recorder's Office, which is the ~ POINT OF BEGINNING; Thence N03°32'OD"E, along said Easterly Right- of-Way line, 45.20 feet; Thence ~ NOS°35'00"E, along said Easterly Right- of-Way line, 55.OD feet; Thence , N12°15'00°E, along said Easterly R'ight- of-Wayline, in accordance with the Right- pf-Way Acquisition Ptat, as recorded in ' Book 3299, at Page 412, of the records of the Johnson County Recorder's Office, 16.OD feet; Thence N2D°00'00"E, along said Easterly Right-of-Way line, 56.00 feet; Thence N77°30'00"E, along Bald Easterly Rigf+t-0i-Way line, 36.00 feet; Thence N29°15'00"E, along said Eastarty Right-of-Way line, 2O.D0 feet; ?hence ~ N40°00'00"E, along said Easterly Right- of-Way line, and its Northerly extension thereof, 30,31 fast; Thence S67°56'00"E, 159.36 feet; Thence Southeasterly 16.23 ~ feet, along an arc of a 3015.00 foot radius ~ curve, concave Northeasterly, whose 16.23 foot chord bears S68°05'i6"E; i Thence S22°04'00`W, 25D.34 feat, to a { point on said Southerly fine of "boundary Survey end Site Plan"; Thence N69°33'40"W, along said Southerly line, 152.52 feet, to said POINT OF BEGIN NlNG, containing 1.03 acre, and subject ' to easements and restrictions pf record. ' 2, The Owners acknowledge that the City wishes to ensure confarmarxe to the principles of the Comprehensive Plan. Further, the parties acknowledge that ~ Iowa Cade §414.5 (2005) provides tttai the City of Iowa City may impose reason- able conditions on granting an applicant's • rezoning request, over and above the existing_ragulations, in~order tc satisfy - public needs caused by the requested , change. 3. In consideration of the Citys rezoning ' the subject property, Owners agrees that development of the subject property wttl conform to all other requirements o} the inning chapter, as well as the following wnditions: e. A substantial buffer area of no less ~ than 35 feat will be established along the - southern property line of the parcel rezoned to CG2. This buffer must be screened to the S3 standard and irrdude both a decorated masonry wall of a mini- mum-five {5) feet in height located within the northern tan (t0) #eet of the bu4far area with a dense planting of deciduous and conHerous understory and averstory to the south at the wall. b. Closure of the Hollywood Boulevard ` vehicular access point to the CO.1 prop- erty and use of a shared vehicular aocesa i point from Broadway Street. c. A landscaped setback of no less than 20 feet along Broadway Street. i d. A limit of -one (1) #ree-standing sign I located in the northwest comer of the ' • property. No building signs an the south ' and east sides facing the residential develapmenl, Other fascia and monu- I ment signs are pemrilted as per rite code. s. S3 screensng vrill Ue proved along the sastem and southern property lines of the CO-1 parcel or alternatively along the _ eastern property fine of the CG2 parcel. e~, a~~ f. Any building or structure Includ'sssg canopies should be of a quality design aPRroprlate for property abutting a res~- ,_dential.neighbortwod, including features such as stoner and masonry materlaSS. standing seam metal roofs, and muted ' colors. The Director of Planning acrd Community Development shall approve the design of buildings as well as assocl- aced structures and faalitlas. 4. The Owners end City acknowledge ? that the conditions contained herein are raasonabte CAnditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy publ~ needs that are caused by the requested - zoning change: 5. The !Owners and City acknowledge that in the event the subject properly is transferred, sold, redeveloped, or subd- ' vided, aN redevelopment wiSS carrtortn with the terms of this Conditionef Zoning Agreement. ' 6. The parties acknowledge that Phis , Conditional Zoning Agreement shalt be deemed to be a covenant running with the farad and wtth 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 i Iowa City. i The parties further acknowl- edge that tfirs agreemem shall inure to the benefit of and bind all successors, representatives, and assigns of the par- ties. f 7. The Owners acknowledge that nothing ! in this Conditional Zoning Agreement shall be construed to relieve the Owner I from complying with all other applicabfa , local, state, and federal reguiationa. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the suf~ject property, and That upon adop- Oonand publiptlon of die ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the AppSicant's expense. gated this 20th day of March, 2007. CITY OF IOWA CITY afRoss Wilburn, Mayor Attest: slMarlan K. Karr, City Clerk .APPLfCANT slHenry E. Nathanson s/Teresa Marrow, Yca President 62611 March 28, 2007 ~ r ~~ ~~~~~ CITY OF IOWA CITY 4l0 East Washington Street lawa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 I:AX www.icgov.org STATE OF IOWA ) S5 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. 07-4256 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of March, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on March 28th, 2007. Dated at Iowa City, Iowa, this 10th day of April, 2007. \\ ~~ V Ju i oparil Deputy City Clerk Printer's Fee $_~s.~a- CERTIFICATE OF PUBLICATION STATE OF IOWA, 30HNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330b70 ~, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper . times}, on the following dates}: Legal Clerk Subscribed and sworn to before me this ~~~ _ day o A.D. 2a a ~ L otary Public LIP6DA K~~}7Z ;~~ Corttml:~lorr NumCer 73261@ !lily Commission F~it'es JBriuerY ~ 27, 2008 OFFICIAL pU$LfCATII]N - ` °° " ORDINANCE N0.07.4256 ORDINANCE AMENDING TITLE 76, . Ef+lTfTtED "PlSSL4C WORKS:' CFIAP- TER 3, ENTITLED "CRY UTILI77ES," ARTICLE A, ENTITLED "GENERAL PROVISIONS," BY AMENDING SEC- T10N 5 TO.ALLOW FOR bEPOSRS TO BE BILLED INSTEAD OF PAfD tN ADVANCE WITH PROPER PAYMENT ItlsraRY. WHEREAS, the Department of Fnance of the City of Iowa City has begun receiv- ing applications for water service accounts, wastewater accounts, and~or residential solid waste collection accounts over the phone, and will soon be able So receive such applkxtivns va the City's websife; and WHEREAS, the Department of Finance wishes to be able io bill-prospective account holders, with the exception of persons whc previously have been required to past delinquency accounts with the Gity, for arry required- deposits instead of requiring deposits upfrorrt; and WHEREAS, the process of implementing the City Code provision requiring a per- son establishing a City utility account to . execute a written agreement and the implementation of a retard retention sys- tem for said agreements is time~onsum- fng and expensive, and should be repealed. NOW, THEREFORE, BE 17 ORDAINED . ~ BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SEC'[jQN I. AMENDMENTS. Title 16, entitled "Public Works," Chapter 3, enti- tled "City Utilities," Article A, entitled "General Provisions," Section 5, entitled "Establishing City Utility Accounts; ~ Deposits Required," is hereby amended by deleting Paragraph A in its entirety and by substituting in its place the following new Paragraph A•. I Upon establishing a water service account, a wastewater ecoount and/or a residential solid waste collection accourrt with the city, the person establishing an account, with the exception of a residen- tial owner eccoun6 shell be required to make a comf~ined account depositfor city services. The amount of this deposit shah be as provided in the schedule of fees, title 3, chapter 4 of this code. Persons who have previously been required tp post a delinquent deposit shall be required to make a combined and/or delinquent deposit before city services are provided. ,SECTION II. AMENDMENTS. Title 18, en811ed "Public Works," Chapter 3, anti- tled 'City Utilities," Article A, entitled 'General Provisions; Section 5, entibad `Establishing City Utility Accounts; i Deposits Required:' is hereby amended, by deleting Paragraph C in its entirety and by substituting in its place the folbw- ing new Paragraph C: Upon reestablishing one or more accounts as set forth In subsection A of this section, the person establishing the ~accaunt(s) shalt be required to make an account deposit for city services. The amount of the deposit shall be as estab- I-sshed in the schedule vi fees, title 3, chapter 4 of this code. Parsons who have previously been required to post a delin- quent deposit shall be required to make a combined and/or delinquent deposit before city services are provided SECTIOiJ_Ill gFPFAr FR, All ord€- nancesand parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. I $FCTION fV. 5L7+ERAS1LfrY. 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, pro- vision arpartthereof not adjudged invalid or uncanstrtutionai. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approval- and publication, a5 , provided by law, Passed and approved this 20th day of I March, 2tX17. s/Ross Wilburn, Mayor Attest: s/Marian K. Karr, City Clerk 626t2 March 28, 2007 ~ r 1. ~~~~~ ~ ~~~~ ,~ ~ -~a.a4_ _ CITY 4F IoWA C[TY 410 East WasEtington Street Iowa City, Iowa 52240-182b (319) 35b-5000 (319) 356-5009 FAX www.icgpv.prg 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. 07-4257 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of April, 2007, all as the same appears of record in my office and published in the Iowa City Press-Ci#izen on April 11th, 2007. Dated at Iowa City, Iowa, this 15th day of May, 2007. .. Julie~Kr Voparil . Deputy City Clerk Printer's Fee $ CERTIFICATE QF PUBLICATIaN STATE OF IDVVA, JI~IiNSUN CUL]NTY, SS: THE IUWA CITY PRESS-CITIZEN FED. ID # ~ 42-~33~67U I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IQWA 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 , times}, on the following dates}: _~~ ' ! _ , Legal Clerk Subscribed and sworn tv before me this I~`~' _ day of A.D. 20 ~N~vtary Pu~liIic f~ ~~~ ~~ . ~ ~ ~ ~ NcnsDer 'T3Z819 o~ ~~ - OFFICIAL PL]BLICATI~N ORDINANCE Na. a7-4257 ORDINANCE REZONING APPROXh IYIATELY i2 ACRES LOCATEa ON RUPPERT ROAD WEST OF RIVER- ~ S[~E DRIVE FROM COMMUNITY COM- MERCIAL (CC-2 ] Tl3 INTENSIVE COM- MIERCIAL {CM1]. {Rt'sID7-Dgf11] # WHEREAS, th6 City has initiated a rezoning of property located at on Ruppert Road west of Riverside Drive tram Community Commercial [GC-2 ] to intensive Commercial SCI-i ]; and WHEREAS, the Comprehensive Plan has been amended to indicatQ that this j area is appropriate for Intensive . Commercial development; and WHEREAS, the Planning and Zoning ] Commission has the reviewed the pro- posed reigning and has recommended that it be approved, NDW, THEREFORE, BE IT ORDAINED $Y THE CITY CatJNCIL OF THE CITY ol= IOWA GITY, IOWA: ' f Property described below is hereby r0dassified from its current =oning designation of ' CC-2 to CI-i: North Airport Development hots 7, 5,6 and 7. . The Building Inspector is hereby' authorized and directed to change the coning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, apprawdl and publication of this ordi- Hance by law. SECTS CERTEFIS,ATi9N AND REG4RDINSa. Upon passage and { approval of the ordinance, the City Clerk i ' is hereby authorized and directed to cer- ~ tify a copy of this ordinance and to record the same, at the office of the County ' Recorder of Johnson County, Iowa, at the owner's expense, all a5 provided toy caw. All ordi- nancesand parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. It any . section, provision or part at the . ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shaE1 not affect the validity of the ordinance as a whole or any section, ', provision or part thereof oat adjudged ' invalid ar unconstitutional. SECTJ17A1 vt_ EFFECTIVE DATE. This Qrdinance shall be in effect after its fine! } passage, appravai and publication, as provided by law. Passed and approved this 3rd day of ' April, 2t]f}7. slRoss Wilburn, Mayor Attest: slMarfan K. Karr, City Glerlc g2~5fi April 11, 2t]D7 _- ,~ . i ~ 1 ~~~~i~~ ~~~~~~ ~ '~~'~~ -~a.is._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1825 (319) 35G-5000 (3i9) 356-5009 FAX www.icgov.org STATE OF IOWA } } SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-425$ which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of April, 2aa7, all as the same appears of record in my office and published in the Iowa City Press-Citizen on April 25th, 2007. Dated at Iowa City, Iowa, this 15th day of May, 2007. paril Deputy City Clerk Printer's Fee $ CERTIFICATE t~F PUBLICATION STATE aF II)WA, JUHNSI)N C4[)NTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 4Z-433U674 I, Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper a~ time(s}, an the following dates}: r Legal Clerk Subscribed and sworn to before me this '~' day of A.D. zoo ~- blie:• LIN~IA 1030'TZ Of~mrNaetlin Nunti~er r.~S ~ ~ ~,~ r~lufiwY ~'f, ZOC$ DFFfCIAt_ PUSI_iCATIQN DRt7fNafVGE NO.07.4a5s . ORDINANCE AMENDING TITLE 3, . ENTfILED "CITY FINANCES, TA7[A= T1ON AND Fi=ES," CHAPTER 4, ENTF TLED 'SCFIEpULE OF FEES, RATE5, CHARGES, BONDS, FINES, AND PENALllES," S>`CT1DN 3-4-5, EHtM T'LED "SOLII] WASTE DISPOSAL," OF THE CITY CODE: TO INCREASE OA CHANGE CERTAIN 5OLED WASTE CHARGES. WHEREAS, pursuant to Chapter 384, Cnde of lows {2005], the Ciiy of laws ~ City prov€des carte€n solid waste oollec-' tivn and disposal services; and WHEREAS, it is in the puk~t'scsntereai to increase certain fees and charges asso- ciated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Counal proposes to increase residential solid waste collection fees by approximately 83'o for billing an or after July 1, 2007, to adequa#ely finance operational costs; and NDW, THEREFORE, 8E fT ORDAINE^ 13r THE cITY CouNC€L of rHE clrr DF IOWA CITY, IOWA: ~ECT~I '~fV I_ AMENn~uFn-y. Title 3, ~nti- tled'City Finances, Taxation, artd Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Sonde, Fines, and Penalties,' Section 3-4-5, entitled 'Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the charge for resident€a! solid waste collection from $13,00 to $14.00 per dwelling unit; and 2 rooming units, per month; and from $9.90 minimum to $10.40 minimum far sol€d waste; and curbside recycling from $3.10 per unit to $3.ti0 per unit. SECT€QN €I. REP AI FR, AI€ a~i_ nancas and parts of ordinances in con- flict with the provisions of th€s Ordinance are hereby repealed. SECTfOtV Ili. SEVERaRfr ir., !f any section, provision ar part of the Ordinance shall be adjudged to be invalid or unoanstitutional, such adjudi- cation shall not affect the validity of the Ordinance a5 a whole or Gray Section, prov€sian pr part thereof scat adjudged fnvaiid or unconstitutional. ~EGTInd~,~f=f:T11/F nnr~ This Ordi-Hance shall be effective July 1, 2007. Passed and approved this 1 Bib day of April, 2007. slRass Wi€bum, Mayor Attest: slMarian K. Karr, City Clerk 82968 _ April 25, 20t}7 ~~ . ~;~~~ ~ r ~~~~~ X111 ~ w~°°~, i^ CfTY OF IOWA CITY 410 East Washington Street lowa City, Iowa 52240-1826 (319) 356-5000 (319} 35b-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. 07-4259 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of May, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 9, 2007. Dated at laws City, Iowa, this 8th day of June, 2007. ky ~ Julie aril Deputy City Clerk Printer's Fee $ 5,~ a CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ~rarra•'$letri 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): l I Legal Clerk Subscribed and sworn to before me this 1 rf~ day of A.D. 20___Q ~,~,^. tary Public } urt~ a~oTZ ~ cwt Iliurnber 732$19 My 0 9~res3 o~ OFFICIAL PUBLICATION OR!}IMANCE N0.07-4259 AN ORDINANCE REZONING APPR07(- I IMATELY 5.75 ACRES OF PROPERTY LOCATEq ALONG A PORTION OF 1 C SOUTH CsOVfRNOR AND BOWERY 5TREETS FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS- ' 12) ZONE TO MEDIUM DEN5ITY SIN- GLE FAMILY (RS-(iy ZONE- (REZ07- 00002) ~ WHEREAS, the applicants, Martha Greer and Suzanne Bentley, have requested a rezoning of propenies locat- ed along South Gavemor street and ' adjacent propeny, along Bowery Street; • and WHEREAS, the property is currently ' zoned Neighborhood Stabilization Residential; and WHEREAS, the predominant land use in the proposed area is single-family; and WHEREAS, the owners of all duplexes in the area, which would be made non-can- forming in the RS-8, are in suppon of the i rezoning; and j WHEREAS, there will be no change in status for the three multi-family uses in i fhe area, which are already considered non-conforming in the RNS-i2 zone; and WHEREAS, the proposed RS-6 rezoning wculd reduce the number of non-con- i forming Icts due to special bonus density provisions in the RS-8 zone; and WHEREA5, the Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods and the'historic nature of older neighborhood and to bal- ance housing types within older parts ofF the City; and NOW, THEREFORE, 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY ' OF IOWA CITY, IOWR: SECTION I APPROVAL. Ths property described below is hereby reclassified from its current zoning classification of , Neighborhood Stabilization Residential ' (RNS-12) to Medium Density Single Family {RS-6). Lots 4-10, Barryhill's 2nd addition, block 2 AND Lots 11-5 1!2 Lot 17 Berryhill's 2nd addi- lion, block 1 AND Strahm's addition: Loi 21, Block 1 8 Commencing NE Corner of Lot 21 Thence W150', N12' E 150' and 5 12'to Beginning ' AND ' Jerome's Addition: N 110' of Lot H ,Loi I, and E 30' of Lot J AND i Jarome's Addtion: E 4' of Lot 0 -Lot R I AtvD - i Jerome'sAddition: LotT-w 41 112' of lot W 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. CERTIFICATION AND RECORDING. The City Cleric is hereby authorized and directed to cenify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordi- nance, as provided by law. SECTION IV. REPEALER. Alt ordinances and parts of ordinances in conflict .with the provisions of this Ordinance are here- _by-repealed.,_, - _ _ %`'r i i. SECTION V. SEVERABILITY. If any seo- lion, provision or pan of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shaft not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. ' SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication,' as provided by law. Passed and approved this 1st day of May, 2007. slRoss Wilburn, Mayor Attest: slMarian K. Karr, Gity Clerk 62996 May 9, 20(}7 1 r t STATE OF IOWA ) SS JOHNSON COUNTY ) mfr®ir~~ 7k ~III~ ~ 410 East Washington Street Iowa City, Iowa 52240-1826 (319J 356-5000 (319] 356-5009 FAX www.icgov.org ~ ~®~~~ CITY OF IOWA CITY 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. 07-4260 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the ~ st day of May, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 9, 2007. Dated at Iowa City, Iowa, this 8th day of June, 2007. ~~ o Juli oparil Deputy City Clerk Printer's Fee $ . ~ CERTIFICATE QF PUPLICATI4N STATE QF IUWA, JOHNSpN C'UUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 4Z-U33~67Q r, _ 1~11Ck..- ~+ac,~tz^~ being duly sworn, say that I am the legit clerk of the I~ WA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which lis hereto attached, was published in said Paper . times), on the fallowing dates): ~~~ ~~ Legal Clerk Subscribed and sworn to before me thls~d`~ ~' day of .~: Ll~3aA rY n!>!c ~ Cvrrtml:.~lon Number 7~-5~9 [iFy Co~:trnis~fan frx~r;~s - January 27, 2dD8 OFFfCfAL PIJBLICATIDI~ OR131l~IANCE NO. 07260 - I col~sll4~~ AN aRDlNAfYGE AifYfENI} lNG TITLE ti, "POLICE REGULA- TIONS", CHAPTER 8, "POLICE CfTfIENS REVif-iIV f30ARD", 5ECTION fi, IEHTITLED °POLICE ' crl![~1='s ~~roalaT Ta T1HE aoARn; CITY MANAGER'S REPORT TO THI~ 13aAR1}", TO CLARITY LANGUAGE k ON GRANTING EiCTEHSfOHS Tt? THE , POLICE CIi1EF FOR GaOD CAUSE whIEREFQAI=, Section S-S-6E of the City Code sets forth the time frame that Police Chief's reports must be rec$ived alter the complaint is filed witfi.the Police Clt'sxens Review Board; and wNEFIEAS, the Police Citizens Review board has determined that if good cause is shown for the extension by the Police Chief the Board wilt grant fire extenslon; ~ and ' WHEREAS, the Aolice Citizens Review Board wishes to Gariry the language of ' this section by removing th0 word "may" and substituting `~viit" to affirm that art {{ extension would be granted when good I cause is shown by, the f olica Chief. HOW, THEREFORE, Bt= 1T ORQAIiVED BY THE CITY COUNCIL DF TH1= CITY ~ ai= IowA CITY, tawA: ~ ' SECTION I. AMENQMEHT. Subsection E of Section 8-t3-fi of the .City Code is heretyy deleted and the following substi- tuted in lieu thereof: E. The Police Chief's report to the Board shall be completed wstfiin ninety {9(}) cal- endar days after the PCRB complaint is filed. The 8vard will grant extensions from this deadline for good cause shown. j St=G71DN 11, REPEALER. A1! ordinances and parts a1 ordinances in conflict with the provisions of this Ordinance are here- ~ by repeated. SECTION lil. SEVERA81t.lTY. If any section, provision or part of the Ordirtiancs shall be adjudged to be invalid ar unconstitutional, such adjudication shat[ not affect the validity of the Ordinance as a whose or any section, pro- vision or part thereof not adjudged invalid or unconstitutiwnal, SECTION IV. EFFECTIVE IJATE. This Ordinance Shah be in effect after its t+rral passage, approve! and publication as ~ provided by law. I _ ' Passed and approved this 1st day of 'May, 200T. 'slRoss wilhum, Mayor .Attest: slMarian K. Karr, City Clerk 5426fi May 3, 200? .. - ~ ~ i ~~~~~ ~iii~ ~ ,~~"~~ C[TY OF IOWA CITY 4t0 i;ast Wasf~ington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )S5 JOHNSON COUNTY ) 1, 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. 07-4261 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 94th day of May, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on May 23, 2007. Dated at Iowa City, Iowa, this 8th day of June, 2007. \\\\ ~ ~,V ~ Julie K. aril Deputy City Clerk Printer's Fee $ v?`~ ~ tom 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 timle(s), on the following date t Legal Clerk Subscribed and sworn to before me this c~-~ ~''~` -day of A.D. 20 O ~ ~~ ry Public '_ u~Io~ t~orz f;,omrrt~rt I~Etatsrbsr 732818 . ,, IrBS ~~p~y 27,'1'7, '20D8 OFFICIAL PUBLICATION. ORDINANCE NO. 07-4261 AN ORDINANCE R~ONING APPROXI- MATELY 0.77 ACRES OF PROPERTY LOCATED AT 828 f WASHINGTON ' STREET FROM NEIGHBORHOOD STA- BILIZATIpN RESIDENTIALICONSER- YATION DISTRICT OVERLAY (RNS- 2tVOCD) ZONE TO PLANNED DEVEL- OPMENT OHEALAYINEIGHSOAHOOD STABILIZATIpN RESIDENTIALICON- $ERVATION DISTRICT OVERLAY [OPDlRNS-2010CD) ZONE {RF247- 40003) WHEREAS, the- applicant, Alpha Chi Omega House Corporation, has request- ed arezoning to rebuild the structure demolished by a tornado on property boated at $2$ E Washington Street; and WHEREAS, the property is currently zoned Neighborhood Stabilization ResidentiaVOverlay Conservation District; and WHEREAS, the Sensitive Areas Ordinance requires a rezoning and approval of a . Sensitive Areas ! Development Plan as the proposed devel- opmenE impacts critical and altered pro- tected slopes; and ' WHEREAS, an Engineer has provided signed documentation attesting to the sta- bility and safety of post construction slopes; and WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing neighborhoods, the historic nature of older neighborhoods, and ba!- ance housing types within alder parts of the City; and ~ ' WHEREAS, the proposed development meets and abides by all applicable regula-j Lions of Title 14 of the Iowa City City Code; and wHEREAS, afiter public hearing and due consideration, the Iowa Gity Plan and . Zoning Commission has recommended.) approval ofihe proposed rezoning. NOW, THEREFOESE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: E I APP .The property described below is hereby reclassified from its currant zoning Gasification of Neighborhood Stabilization ~ ResidentiaVConservation District Overlay(RNS-2010CD) to Planned ~ Development Overlay) Neighborhood ' Stabilization - ResidentiaVConservation ; pistrict Overlay(OPDIRNS-2010CD): The East 65 feet of the North 62 _ feet of Lat Six.(6), and the East 59.51 #eet of the , Soulh $7 _ feet of Lot Six {6), in Block , Three {3), in Iowa City, Iowa, according Eo the recorded plat thereof, and including ; Lots Seven (7) and Eight (8) in Block ~ Three (3j, in Iowa City, Iowa, according to I the Recorded plat thereof. SECTION II ZONING MAP. The building j official is hereby authorized 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. sFrTION III CERTIFICATION AND RECOH I~NG. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Otfice of the County Recorder, Johnson ~ County, Iowa, at the Owner's expense, upon the final passage, approval and pub- lication of this ordinance, as provided by law. SECTION IV. aFPF4LER, All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby ' revealed. ' SECTION V. SEVERABI~ITY. If any sec- tion, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutional, such. adjudication shalt not affect the validity of the Ordinance as a whale or any section, provision or part thereof not adjudged invalid or urrcanstitu- tional. ~ILON~,_ EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14Ch day of May, 2007. slROSS Wilburn, Mayor Ailest: slMariah K. Karr City Clerk 64064 May 23, 2007 r ~~~~~ ~ui~ ~ • wir®~~~ CITY OF.IOWA CITY 410 East Washington Street lowa City, lows 52240-[826 [319) 356-5000 (319) 356-5004 FAX www.icgov.org STATE OF IOWA } }SS JOHNSON COUNTY ) I, Julie K. Voparif, 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. 07-4262 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of June, 2007, all as the same appears of record in my offce and published in the Iowa City Press-Citizen on June 13, 2007. Dated at Iowa City, Iowa, this 10th day of July, 2007. ~~. - c Julie .Voparif Deputy City Clerk OFFICIAL PUBLICATlUN Printer's Fee $_~ 5 • ~ ~ CERTIFICATE DF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, ss: THE IOWA CITY PRESS-CITIZEN FED. ID # ~2-0330670 I, Dian ~ c a, being duly sworn, say at 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 attar ed, was published in said paper times}, on the fallowing date(s): I Legal Clerk Subscribed and sworn to before me this f ~'~ _ day o A.D. 24 Notary Public ~~a~- Corr 0 r Camr~ission Rumlosr 73?E318 • '- 1SJty Carrimi~ian Expirr+s ~ JIIntiar]I ~', 2f3D8 ORDINANCE ND. 07262 ORt3[NANCE VACATING A PORTION OF HOLLYWOOD BOULEVARD LOCATED SOl1TH OF Ii1GHWAY B ANQ EAST OF BROADWAY S'T'REET. . {VACOT-0t)001 ] .WHEREAS, the applicant, Southgate Development Services, LLC, has request- ed a vacation of a portion of the Hollywood Boulevard public right-af-way; and WHEREAS, the Planning and Zoning Commission has found that the portion of Hollywood i3aulevard in question- serves na public purpose and is not likely to do so in the #uture; and WHEREAS, the Planning and Zoning Commission has reoarnmended approve{ of the requested vacation; and '' WHEREAS, the lava City City t;,aunpl concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' SECTION 1. The property described below is hereby vacated b7r the City of Iowa City; A part of the Northwest Quarter of the Northwest Quarter of Section 23, Township 79 North, Range 6 west, of the Fifth Principal Meridian, Iowa City, Johnson County, fovea, the boundaries of which are described as follows: BEGINNING at the Nartheasf comer of the land described in "Warranty Dead" Right-a#-Way Acquisition Plat, thereof recorded in Book 3299, at Page 412, of the records of the Jahnsan County Reoorde~s OHiee; Thence N40o[]0'0"E, fi.31 feet; Thence 5fi7o56'00"E, 159.36 feet; Thence 5outheasterty, 1 fi.23 feet, along an arc of a 3009.00 foot radius curve, concave Northeasterlyr, whose 76.23 foot chard bears SBf3a05'18"E; Thence 522o04'DO"W, 6.00 feet, to a ` paint an the Northerly Right-of-Way line of U.S. Highway No. 6; Thence Northwesterly, 1fi.23 feet, slang said Northerly Right-af-Way line,-and an arc of a 3015.00 foal radius cur-re, concave Northwasferly, whose 76.23 foot chord , bears N6Bo05'15"VY; Thence N67o56'00°VN, slang said Northerly i Right-of-Way line, 181.30 feet, to said+ PAINT QF BEGINNING, containing 0.02 acre, {1,059 square feet), and subject to easements and restrictions of record. SECTION II. REPEAL>=R. A[I ardi- nances and parts of ordinances in conflk:t with the provisions of this Ordinance are ; hereby repealed. SECTION Itl. SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged #o be invalid ; or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, Ara vision or part thereof not adjudged invalid ar uncoristi-tutional. SECTION IV. !<FFECTIVE DATE. This Ordinance shall be in effect after its final ' passage, approval and publication, as provided by law. Passed and appraved~this 5th day of June, 2007. slFioss Wilburn, Mayor Attest: 51Marian K. Karr, City CEerk ' 64458 June 13 2007 al ~ ~ ~.®~~ ~~III~~ ~ -~a.a4_ CITY OF IOWA C[TY 410 £ast Washington Street lowa City, lowa 52240-1826 (319] 356-5000 (319J 356-5009 FAX www.icgov.org STATE OF IOWA ) }SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Cleric 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. 07-4263 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of June, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 13, 2007. Da#ed at Iowa City, Iowa, this 10th day of July, 2007. \, V~ Julie Voparil Deputy City Clerk Printer's Fee $ .~ 1.~ . ~- ~-- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, i~{~L Di ha, 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~_..,^ times}, on the following date(s): ~~~ ti Legal ark Subscribed and sworn to before me this 19 `~'" day o A.D. 20~,T. - -- . _ Y . _. _ -^-Notary PubI~ fd om ~Y ~ ~~ OFFICIAL PUBLICATION ORDINANCE NO. W-4263 AN ORDINANCE REZONING APPROXI- MATELY 14.5 ACRES FROM HEAVY INDUSTRIAL (1.2) TO GENERAL INDUSTRIAL (!-iJ AND REZONING APPROXIMATELY 36.05 ACRES TO PLANNED DEVELOPMENT OVER- LAYlGENERAL INDUSTRIAL {OPDII-1) AND APPROVING A SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK WALTON ROAD EAST OF OAKCREST HILL ROAD. {REZ07- 00004} WHEREAS, the applicant, County Materials Corporation-West Lucas LLP, has requested a rezoning of approximate- ly 14.5 acres of property lasted north of Izaak Walton Road and east of Oak Crest Bill Road from Heavy Industrial (I.2) to Genera! Industrial (I-1); and WHEREAS, the applicant is also request- ing arezoning of 36.5 acres (including the property above) from General Industrial ' (I-1) to Planned Development OvenaylGeneral Industrial (OPDII-1 );and WHEREAS, while the Comprehensive Plan indicates this area as open apace ' due to the presence of flood plain and wetlands as well as the limited ability to provide sewer, unless the'property is pur- chased by the City or another prhrate enti- ty to preserve it as open space, the owner has the right to develop the property for uses permitted under the curcent zoning; and WHEREAS, the property contains erni- r ronmentally sensitive areas, for which the } applicant has provided a plan delEneating the sensitive features for the prolectinn i and mitigation of those features; and WHEREAS the proposed development activity will result in the filling of 1.98 i acres of wetland, which requires Planned Development Overlay rezoning and approval of a Sensitive Areas Development Plan for the overall site; and WHEREAS, the applicants mitigation ' plan will construct 3.92 acres of new wet- ~ land on site; and WHEREAS, the applicant has requested a 50-foot reduction in the required 1tX)- ' foot wetland buffer; and WHEREAS, based on information sutr mitred by the applicant, staff supports a 50-foot reduction of the buffer along the eastern edge of the wetland while retain- ing the required 100-foot buffer along the wetland's northern perimeter; and WHEREAS, the Planning and Zoning Commissicn has the reviewed the pro• posed rezoning and devo]apment plan ~ and determined that ii complies with the Comprehensive Plan provided that it meets conditions addressing the need to , protect artdror mitigate the wetlands on site; and WWERFJtiS, Iowa Code §414.5 (2007) provides that the City vi Iowa City may ~ impose reasonable conditions on granting ~ an applicant's rezoning request, aver and shove existing regulations, in order to sat- isfy public needs directly caused by the ~ ~ requested change; and WHEREAS, the conditions rewmmend- ' ed by the Commission are related to pro- tecting and ensuring the function of the " wetland area on site; and WHEREAS, the ownerlapplicant has agreed that the property sfialf be devel- oped in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto and incorpo- rated herein to ensure appropriate devel- opment in this area of the city. NOW, THEREFORE, BE iT ORDAINED SY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:. ~~_ ~~-~. AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clark 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 certi- fy ecopy of this ordinance ~ and the attached Conditional Zoning Agreement for this property, and record the same in the Office of the County Recorder, Johnson County, tows, at the OwneCS expense, upon the final passage, approval and publication of this ordi- ' nonce, as provided try law. SECTION V. REPEALEA. All ordinances , and parts of ordinances in wnflid wilt t the provisions of this Ordinartoe are here- by repealed. SECTION VI. SEVERABILITY. If arty sec- j lion, provision or part of the Drdinance shall be adjudged to be invalid or uncvn- ; stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or arty section, provision or part ~ . thereof not adjudged invalid or unconsti- tutional. 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 Sih day of June, 2007. slRoss Wilburn, Mayor ~ 4 Attest: slMarian K. Karr, City Clerk , CONDITIONAL ZONING AGREEMENT it THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a ~ munlcipa! corporation (hereinafter °Gity"), ~ and Courtly Materials Corporation-West Lucas LLP (hereinaHer "Owner"); and WHEREAS, Owner is the legal title hold- er of approximately 36.65 acres of prop- erty located east of Oak Crest Hill Road ; end north of Izaak Walton Road; and WHEREAS, the Owner has requested the ! rezoning of a portion of the property (14.5 acres) from Heavy Industrial (1-2) to General Industrial (I-1), and a rezoning of the entire property, 36.85 acres, [tom I General Industrial (I-1) to Planned t3evebpment Overlay/General Industrial {OPDII-1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate vonditons for the protection and mitigation of wetlands, the zoning is in wnformance with the Comprehensive Plan; end WHEREAS, Iowa Code §444.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order Eo sat- isfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the r~quire- menu for protecting and mitigating the wetlands on site; and WHEREAS, the Owner agrees to develap- ihisproperty in accordance with the terms and cohditions ~ of the fallowing , Cond'rlional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: _ I SECTION I APPROVAL 5utrject to the Conditional Zoning Agreement attached 1. Coun 6fatertals Corporation-test ~ p heroto and incorporated herein, the prop- Lucas L is the t title holder of the ~ e. APPra'af of the stormwatar managa- erly described below is hereby reclassi- Property legally described as Ioilaws: ONE OF T E EAS HALF I A PORTIO meat and erosion control plans try City E fled from its current zoning designation of Heavy Industrial (1-2} to General Industrial - N H T OF 7HE SOUTHEAST ONE-QUARTER ngineering Staff. F. Wef[antl monitoring reports prepared by (J.1 } : I OF SECTION 28 AND A PORTION OF a wetland specialist shall be submitted to COMMENCING AT THE SOl17HWEST •TWE SOUTHWEST ONE-QUARTER OF ~ the C on en annual basis for a period of by CORNER OF THE SOUTHWEST GUAR- THE SOUTHWEST ONE-0t1AATFA OF, ten years, fn the event that Jhe reports TER OF THE SOUTHWEST QUARTER SECTION 27, ALL IN TOWNSHIP 79. recommend additional maintenance or~ OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH '- NORTH, RANGE 8 WEST OF THE 5TH ~ PRINCIPAL MERIOEAN, CfTY OF IOWA C other action to address the heatttl and fu ti P.M.; THENCE NORTH TO THE SOUTH- WEST CORNER OF THE NORTH TEN ITY, JOHN50N COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS nc on of the wetland, the Applicant/Ormer shall ~Pf!' yriyr ~- (10} ACRES OF THE SOUTHWEST QUARTER F T WE FOLLOWS: _ ommendaUons Contained in the repori >.nthm a reasonaWa tltne period O HE SOUTH ST QUARTER OF SAID SECTION 27; AUDITOR'S PARCEL 2006148 . A 50•foot reduction in the required wet- THENCE EAST 815 FEET; THENCE BEGINNING ATTHESOUTHEAST COR- land buffer is epproued for phase I of Ute _ SOUTHERLY TO A POINT ON THE NER OF SECTION 28, TOWNSHIP 79 site (that area east of the wetlands) sub- SOUTH LINE OF 5AI^ SECTION 27; NORTH, RANGE 6 WEST OF THE 5TH ~ left to: WHICH POINT IS 440 FEET WEST OF PRINCIPAL MERIDIAN, CITY OF IOWA, i g. The maximum paved area THl; SOUTHF,.AST CORNER OF THE SOUTHWEST QUARTER OF THE CITY, JOHNSON COUNTY, IOWA; THENCE N89°4D'f8"W, ALONG TkE in the phase I outdoor storage shalt be In compSanCe with Hre fura9y approved site 5OUTHWEST QUARTER OF SAID SEC- SDUTH LINE OF THE SOUTHEAST Plan and pavement shag be designed to TION 27, THENCE WEST TO THE ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 360 06 FEET TO R5 shed water into the sand beds, and Ura desi n of th PLACE OF BEGINNING. ALL OF SAID . g e sand beds shall be PROPERTY LYING IN IOWA CITY, INTERSECTION WITH THE EASTERLY approved staff. h JOHN50N COUNTY, IOWA. CONTAIN- JNG 14 5 ACRES RIGHT-OI=-WAY LINE OF THECRANDIC RAILROAD (FORMERLY C.R.I. & P. . The bio-retention basins indicated in the miU twn ga ~ Plan shall be . And RAILWAY); THf;NCE N12°01'22"V1; designed to Comply with the Jowa Subject to the Conditional Zoning ALONG SAID EASTERLY RIGHT OF i Stormwater Management Manual through Agreement attached hereto and inoorpo- WAY LINE, 1536.13 FEET; THENCE ' the use of an engineered soil subgrada as rated herein, the property described S89°35 i2"E, 690.87 FEET TO A POINT approved by staff, below is hereby reclass'died from its cur- i i i ON THE FJ1ST LINE OF SAID SOUTH- EAST ONE-QUARTER OF SECTION 28; I. An eddit(onal berm shall be 1 built to an elevation Fhai will force water t ran gnation of General zon ng des JndLStr(al (!-1) to Planned Development THENCE 500°24'48'W, ALONG SAID ' o flow into the wetland area. A P RT ON F ITH ASTO E~FEA EAST tiNE, 504.46 FEET TO 7HE SOUTHWEST CORNER OF THE j.TheOwnershalJSUbstantfat- IY Comply with all other ~ aspects of th O O E E ON LF OF THE SOUTHEAST ONE-0UARTER NORTH 1D ACRES OF THE SOIJTH• j e finally approved mitigation and devekrp- OF SECTION 28 ANb A PORTION OF WEST ONE-QUARTER OFTHE SOUTH- I meat plan. I THE SOUTFi1NEST ONE-QUARTER OF WEST ONE-QUARTER OF SECTION k. Tire mitigation artd devekp- THE SOUTHWEST ONE-0UARTER OF SEC N 2 LL TOW IP 7 27, TOWNSHIP 79 NORTH, RANGE 8 iWEST QF THE 5TH PRINIClPALMERID- meat plan shall be approved blrthe.4rmy s o g n ~ ers and the V S Fish a d TIO 7, A IN NSH 9 ; RANGE 6 WEST OF THE 5TH i NORTH IAN, JOHNSON COUNTY, tOWA; ~ ~ ~ v . . n , PRINCIPAL MERIDIAN, CITY OF IOWA I THENCE N89°52'25"E, ALDNG THE SOUTH LINE OF SAID NORTH 10 ACRE 4. The Owner and City acknowledge that Ure conditions contained herein -ar CITY, JOHNSON COUNTY, 10WA, MORE PARTICULARLY DESCRI13E0 RS TRACT, 815.00 FEET; THENCE e rea- sonable conditions to im I~ on the land FOLLOWS: S03°56'18"E, 998.22 FEET TO A POINT under Iowa Code §414.5 (21107}, and that AUDITOR'S PARCEL 2006146 ON THE SOUTH LINE OF THE SOUTk- said conditions satisfy public needs BEGINNJNGATTHESOUTHEASTCOR- WEST ONE-QUARTER OF SAIL] SEC- TiON 27 THENCE N90°DO't) "Vil ~ directly caused by the requested zoning rJran e NER OF SECTION 28, TOWNSHIP 79 RANGE 6 WEST OF THE 5TH NORTH ; , 0 ALONG SAID SOUTH LINE, 890.$1 g . @e Owne r n City acknowledge that e d , PRINCIPAL Ml=RIDIAN, CITY OF IOWA _ T FEET TO THE PAINT OF BEGINNING, ~ CONTAINING 37.595 ACRES AND JS fh t h ~ ject property is trans. , redeveloped or subdivided n ~ ~ CITY, JOHNSON COUN Y, IOWA; THENCE N89°40'19"W ALONG THE SU8JEC7 OT EASEMENTS AND , , a r ed evefo pment will coniorrn with the , 50UTH LINE OF THE SOUTHEAST RESTRICTIONS OF RECORD. O k l d th h Ci 2 Th terms of this .Conditional Zoning ant g ONE-Ql1AATEA OF SAID SECTION 28, A D15TANCE OF 360 06 FEET TO lT5 e +^rner ac now e ges t at e ty . wishes to ensure confonnanoe to the . fi ~e AarlJes acknowledge that this . INTERSECTION WITH THE EASTERLY ' principles of the Comprehensive Plan and ~ Contlitienal Zoning Agreement shall be RIGHT-OF-WAY LINE OF THE CRANDIC M the Sensitive Areas Development Plan. FurUrer, the parties acknowledge that deemed to be a covenant running with the land and with ti11e to the land and h ll RAILROAD (FOR ERLY G.R.t. 8 P. RAILWAY}; THENCE N12°01'22"4y, Iowa Code §414.5 (2007} provides that , s a remain in full force and effect as a ALONG SAID EASTERLY R1GHT OF WRY LJNE, 1536.13 FEET; THENCE j the City of Iowa City may impose reasoo- able Conditions on ranting an applicant's , g covenant with title to the land, unless or until released of record City of Iowa by the S89°35'12'E, 690.87 FEET TO A POINT ON THE F~15T LINE OF SAlp SOUTH- re>-on(ng request, over and atwva Ure existing regulations, in order to satisfy ' Cfl1• The parties further acknowledge that this EAST ONE-0UARTER OF SECTION 28; ! public Heads directly caused by the agreement shall inure to the benefit of ' THENCE Six}°24'48'4V, ALONG SAID requested change. 3. In consideration of the City's rezoning and bind all successors, representatives ~ and assigns of the parties EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE the subject property, Owner agrees that . ! 7• The Owner acknowledge(s) that noth- NORTH t0 ACRES OF THE SOUTH- development of the subject property wi11 conform to all other requirements Cf the ing in this Conditional zoning Agree~~ ~(( be Conshued to relieve the O WEST ONfi-QUARTER OFTHE SOUTH- WEST ON@-QUARTER OF SECTION zoning Chapter, as well as Ehe following wner or Applicant from complying with all other ' TOWNSHIP 79 NORTH 27 RANGE 6 additional oond'Rions: applicable focal, state, and federal regula- , , WEST OFTHE 5TH PRfNICIPAi MERID• JOHNSON COUNTY IOWA; IAN a. That the phase I outdoor storage area be devek)ped as a system of concrete ~~• 8. The Parties agree that this Conditional , , THENCE N89°52'25'E, ALONG THE ~ SOUTH LJNE OF SAlO NORTH 10 ACRE Paved drives and sand storage beds in compliance with the finally approved site Zoning Agreement shall be incorporated by reference into the ordinance rezonin 815.00 FEET; THENCE TRACT pfan. g the subject property, and that itPon adop- , , S03°56'18"E, 999.22 FEET TO A POINT , b. The Owner shall submit a landscape !an which must be a raved b the Ci P PP y ty lion and publication of the ordinance, this ~ agreement .shall be recorded i th ON THE SOUTH LINE OF THE SOUTH- WEST QNE-QUARTER OF SAID SEC- Forest~r.~ _ + n e ~ Johnson County Recorder's Office at the TJON 27; THENCE N90°00'00"VY, c.That no outdoor storage be albwetlout- side of those areas designated and coo- Owner's expense. Dated this 5th day of June 2007 ALONG SAID SOUTH LINE, 890.81 FEET TO 7kE POJNT OF BEGJNNING strutted for outdoor story a as par tfie 9 , . , CrTY OF It)YIrA CITY ~ , CONTAINING 37.595 ACRES AND IS final{y approved site pfan and the destgn ; atFtCSS Wilburn, Mayor SUBJECT OT EASEMENTS AND , ~~ a sand beds shalt be approved by ~ Attest: ~ sJMarian K. Karr City Clark RESTRICTIONS OF RECORD. SECTION II, ZONING MAP. The building d. Prior to development, the hale tl sWr- p Dated this 14th of ~ O offiaal is hereby authorized and directed th i f Gi1 f h h age area must be delineale d (area and location} and a site ran must be submit- P COUNTY MATEq lALS C RPORATION sJMetla 0. Headin on, General Mane er ~ e zon ng map o y o to c ange t e tows City, Iowa, tq conform to this led and approved ty staff; the silo plan g , - IOwa amendment upon the flnaE passage, approval and publication of the ordinance must comply with aft code requirements • and the phase it storage area must be , 64459 June 13, 2007 as approved by law. paved with adust-free material such as _ SECTION III. CONDITIONAL ZONING conuele or asphalt or with aNernative -- - i materials to be approved by the Building 1 ~ t ~~~,,~~'~*t CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-f$2b (3f9) 35b-5000 (3!9) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4264 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of June, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 13, 2007. Dated at Iowa City, Iowa, this 10th day of July, 2007. Ju ' oparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, 30HNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # X42-0330670 I, ._ ~ C k,L~~ D' ~ ci ~ 'ng duly sworn, say at I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), an the followiJJn~~g~~dat~ L): ~~ ~l1rVC.1 s Legal Clerk Subscribed and sworn to before me this '~'" day o A.D. 20 d ~ - otalry Public conn~~ ar 7~1 s ~~ .Ienumy 27, 2008 ,~~ OFFICIAL PUBLICATION ORDINANCE t40. ~7-42fid ORDINANCE AMENDING TffLE 10 OF THE CITY CODE, ENTITLED 'USE OF PUBLIC WAYS AND PROPERTY,' CHAPTER 3, ENTITLED, -CO(4tMER- CIAL USE OF SIAEWALKS,' SECTION 3, ENTITLED 'USE FOA SIDEWALK CAFES,- TO PROVIDE AN EXCEPTION , i0 Tt{E EIGHT ($) FOOT ffNOf3- STRUCTEDWALKWAY REQUIREMENT IN THE CB2 AND C85 ZONES. WHEREAS, sidewalk cafes are a use of gubl'sC sidewalks in the C82, C85, atld CB10 zones that require a temporary easement; and WHEREAS, except in City Plaza, the Giry ; Cnds presently regsrires eight (8} Seal of unobstructed space adjacent to the front of Sidewalk cafes to ensure a sufficienE way for pedestrian travel; WHEREAS, the adjacenry requiremenA creates complications for businesses out- side of the CB10 zone because the side- walks are generally less than eight (8) fees Its width; WHEREAS, to ao~mmodate sidewalk cafes where existing sidewalks are less than eight {8) feet wide, the adjacenty requirement shauld be reduced outside of the CBfO zone to the width of the exist- ing sidewalk; and WHEREAS, it is in the Ciiy`s interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: ,,~CTjON f. AMENt}NSFT+iTS. Title 70, entitled 'Use of Public Ways and PropeRy,' Chapter 3, entitled 'Commercial Use of Sidewalks,' Section 3, entitled "Use far Sidewalk Cafes,' Subsection B, entitled 'Usable Sidewalk Cafe Area,' is hereby amended by deleting Paragraph t in its entirety and by subssiiuting in its place the fol]owing new Paragraph 1: 1. a. ExcepE in city plaza and in the CB2 and C85 zones, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight ($} ~ teat of unobstructed sidewalk for pedestri- ; an use on the three sides of the cafA that j donl abut the building. However, adja- cent sidewalk Cafes may atwt each other: I b. City Plaza. In city plaza, there must be a minimum of eight {I3} teat of unobstruct- ed sidewalk between the three Sides of the sidewalk cafB that don't abut the , building and arty public elevated planter. I If a sidewalk Cafe extends into Zone 2 ` there must be a straight unobstnaded 1 Corrtfnued from previous page r pedestrian walkway, which is at least 5 last wide, through the cafA in Zone 1. . Said walkway shall be included within the sWewalk cafe area and as such, shall be under the control of the' establishment .j and subject to the annual fee. Ttte walk- I i way must 6e delineated in such a manner ~' that the entire cafe remains contiguous to , a the building. In the event that an adjacent 1 establishment seeks to locate an abutting • ~ sidewalk cafB entirely in Zone 1 such that yy said walkway would end at-the abutting ~.:•1~ cafA, within 30 days of written notice from " the City said walkway must be relocated l to Zona 2, c. CB2 and CB5 Zones. In ~ the CB2 and CB5 zones, the minimum of eigM(8}teetof unobstructed sdewalk is not required H the existing sidewalk is less than eight (8} feet in , width. If the Sirewalk is less than eight {8j feet in width, a sidewalk caf8 may not extend into or encornpass in arty manner the existing sidewalk and may not Impede pedestrian traiflc. SECTION,JI. REPEALER. AIE otdi-~ narrces and part of ordinances in conflict` wlth the provision of this Ordnance area hereby repealed. _~J - - - ~~ TK)N. The violetbn o1 arty provision ofd this ordinance I9 a munirJpel infraction or a simple misdemeanor. ~GTION IV. SEVERABILfTY. If any sectlort, provision or pari of the Ordinarx:e shall be adjudged to be invalid or urrwn- stihrtianal, such adjudicatlon shall not, affect the validity o} the Ordinance as a' whole M any section, provision or part thereof not adjudged Irnra[id or uncansti- tulional. SECTIOb,j~EFFE;CTIVE DATE. This '~ tJrdNtar>ee shah ba in effect after its final passage, approval acrd publication, as ~ provided fry law. i Passed end approved this 5th day of June, 2001. S1Rosa Wilburn, Mayor Attest: slMarian K. Karr, Gfty Clerk t3+1A60 June t3, 2007 r f ~~~~~ ~ili~ir. ~ ~ '~Qa~~~ -~.a.~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 35b-5000 (319) 35b-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. 07-4265 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of June, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on June 27, 2007. Dated at Iowa City, Iowa, this 'loth day of July, 2007. ~~ Ju 1 oparil Deputy City Clerk Printer's Fee $~ ~. ~-O CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ~- I, ~ ~1~-l ~- c.~1-.~(Z- Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper times}, on the following dates}: Legal Clerk Subscribed and sworn to before me this ~~ day o A.D. 20_('~~. tar Pablic L,r~A 1~tOlZ `-- ~-- ~~ Corttt~t Nr,mber 7328+s OFFICIAL PU8LICATtON I ORDINANCE NO. Q7~265 ' AN ORDINANCE AM>=NDENG T>'T'LE 1, CHAPTER S3B OF THE CDDE OF ORDINANCES OF IOWA CITY, IOWA ANO AMENDING THE BOUNDARIES OF CERTAIN YOTING PRECINCTS IN IOWA CI'T'Y TO REFLECT VARIOUS ' BOUNDARY CHANGES TO THE COR- PORATE LIMITS OF IOWA CITY. WHEREAS, boundary changes to the 'corporate limits o1 tows City have ren- ~ dared the codified voting precincts inasr curate; and WHEREAS, much of the land involved in the boundary changes is currently unda- vetoped;and WHEREAS, R is appropriate and in the public interest to revise the boundaries of .Precinct a and 1fi to ,reflect boundary .changes. NOW, THEREFORE, BE IT ORDAfNED ;BY THE CITY COUNCIL OF THE CITY ~oF IOWA CITY, IowA: SECTION I. AMENDMENT. Title 1, Chapter 9-3B (B) of the Code of 'Ordinances of Iowa City is hereby amend- ed by deleting said section and adapting in Ileu thereof the fviivwing: 8. Precinct 8: Beginning at the intersec- tlon of Weshvinds Orive and Mormon Trek I Boulevard; south an Mormon Trek !•Boulevard to the north rlght-0f-way line o} Highway 1; west on the north right-0f-way ' line of Highway 1 to the west right-of-way i line of Naples Avenue; south on the west right-ot-way line of Naples Avenue io the south rightof-way line of Highway 1; west on the south right-of-way line of Highway 1 to Kitty Lea Road end the corporate lim- fts of Iowa City; then northwesterty foltow- ing the Iowa City corporate limits to Melrose Avenue; east vn MesroseAvenue to Westwinds Drive; south and east on WestwindS Dmre to the point of begin- ning. Title 1, Chapter 9.3B (i6) of the Cade of Ordinances of Iowa City Is hereby amend- ed by deleting said section and adopting; in Ilea thereof the following: 1fi. Precinct 16: Beginning et the inter-~ section of Muscatine Avenue and Dover- Streat; north on Dover Street to Perry + Court• west on Perry Court to Meadow Sireel; north on Meadow Street tol ~ Friendship Street; east on Friendship 5treel to•Kenwvad; north on Kenwood to+ Court Street; east on Court Street to al point which is 261.42 feat along a bearing NOt) 29'f)1' W from the Souttrwest comer 01 the Southeast Quarter of Section 7, ! Township 79 North, Range 5 West of the r 5th P.M. of Iowa City, Johnson County, Iowa; thence north along said bearing and section line to Lower West Branch Road; easl along Lower West Branch Road and the corporate limits of Iowa City to Tait Avenue; south along Teft Avenue and the corporate limits of Iowa City to American Legion Road; west along American Legion Road and the corporate limits of Iowa City to Muscatine Avenue and the point of beginning. SECTION III. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. If any section, provision or part of the Ordinance shaft be adjudged to be invalid or uncon- stitutional, such adjudication shall not effect the validity of the Ordinance as a whale or any section, provision or part thereof not adjudged invalid or uncanstl- tullonal. SECTION V. EFF~CTiVE DATE. This Ordinance shall be In effect after its final passage, approval and publication, as provided by law. ' Passed and approved this 19th day of June, 2~D7 arRoss Wilburn, Mayor Atlast: slMarian K. Karr, CNy CEerk 64479 June 27,2007 i ~ ~ r ~~ ~~'~ ~ ~ ,~~.•~ CITY OF IOWA CITY 490 East Washington Street Iowa City, lowa 52240-182b (319) 35b-5000 (319) 35b-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. 07-4266 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of June, 2007, all as the same appears of record in my office and published in the lows City Press-Citizen on June 27, 2007. Dated at Iowa City, Iowa, this 10th day of July, 2007. C~ Julie oparil Deputy City Clerk Printer's Fee $ ~ S • (a `-~ - CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 Dia c ta, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper .~ .time(s), on the following date(s): ~i Legal Clerk Subscribed and sworn to befpre me this day o A.D. 20,E ~ -. „ _ tart' Public ' OFFICIAL- PUBLICATION ORDINANCE NO.07.4266 ORDINANCE AMENDING TITLE S, EN'TTI'LED 'MOTOR VEFIICLES AND TRAfFlC' TO QEFlNE THE MEANING OF VARIOUS PEI]ESTRIAN j CROSSING SIGNALS. WHEREAS, City Code section 9-6-3 per- i Loins to pedestrians but does not define the meaning of pedestrian crossing sig- nals; and WHEREAS, City Coda section 9-2-2 defines traffic control signets but does not define the meaning of pedestrian crossing signals; 3 ,WHEREAS, the City desires to defne said signals to better inform pedestrians as tc their meaning and pedestrians' obU- • gations in response to said signals; and WHEREAS, it is in the best interest of the Public to provide definitions to pedestrian crossing signals. NOW, THEREFORE, BE fi ORDAINED ' BY THE CITY COUNCLL OF THE CITY OF IDWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled 'Motor Vehicles and Traffic,' Chapter 6, entitled "Pedestrians," Section 3, entitled °Pedestrians Subject to $ignais," is hereby repealed in its entirety and amended to read: Pedestrians traveling through intarsec- ticns regulated by lighted pedestrian crossing signals, as defined below, shall obey such signals. Pedestrians traveling through intersections where no~pedestri- an crossing signals are present shall be subject to traffic control signals as other- wise declared in this title. At a[I other places, pedestrians otherwise shaft be accorded the privileges and shaA be sub- ject to the restrictions stated in this title. Pedestrian crossing signals are defined i as: 1. Steady Walkng Person: Asteady walk- ' Ing person signal represents lvalk.' A pedestrian facing this signal Indication is permitted to start 7o cross the roadway in the direction of the signal indication, pos- sibty in conflict with turning vehicles. The pedestrian shall yield the right-of-way tc vehicles lawfully within the intersection at j the time that the steady Walking Person ; signal indication is first shown. .2. Flashing Upraised Hand: A (lashing upraised hand signal represents "do nut walk." A pedestrian shall not start to cross ' the roadway in the direction a1 the signal 4 Indication, but any pedestrian who has• already started to cross on a Steady Walking Person signal indication shall proceed out of the traveled way. 3. Steady Upraised Hand: A steady upraised hand signet represents `do not walk." A pedestrian shall not enter the roadway in the direction of the signal indi- ~ cation. Any pedestrian who has already entered the roadway on a Steady Walking ~ Person signal shall have completed crossing through the traveled right-ot-way ~ prior to the symbol fuming to a steady upraised hand. I 2.'T'~le 9, entitled "Motor Vehicles and I Traffic', Chapter 2, entitled 'Tretfic i 'Control Signs, Signals and Devices,' . Section 2, entitled "Traffic Control signal Legend,` as the sections' introductory I paragraph, is hereby amended to read: Whenever trathc is controlled by traffic ' control signals exhibiting different colored lights or colored lighted arrows, whether , successivety one of a time or in combine- . lion, only the colors green, red, and yeh tow shall be used, except for specie! pedestrian signals as defined in 9.5-3. I Such colored fights shalt indicate and r apply to drtves v# vehicles and, where no ~ . other pedestrian signals are present, to ' pedestrtans as follows: Subsections A-E, and their subpara-., graphs, shall remain as previously codi- fed, - _ __ ~.~ rSECTION tE. REPEALER. All ordinances and parts of ordinances in cordlict with the provision of this Ordinance are hereby repealed. j SECTION III. SEVERABRITY, if any SBC- tion, grout-sion or part of the Ordinance I shall be adjudged ro ba invalid or urxon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision ar part thereof not adjudged invalid or unconsti- tutional. . This Ordinance shall be in effect attar ifs final , passage, approval and publication, as provided by law: Passed end approved this 79th day al June, 2007. slRoss Wilburn, Mayor Attest: 51Marian K. Karr City CIerK 64480 June 27,2007 • I ---h- - -- - , - . - _ - _~ , ~. .j I r i ~~~®~~ ~! ~u~ ~ ,~~~~~ CITY 4F IOWA CITY 410 East WasE~ln;ton Street Iowa City, Iowa 52240-i826 (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. 07-4267 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of July, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen an July 18, 2007. Dated at Iowa City, Iowa, this 14th day of August, 2007. Julie ril Deputy City Clerk Printer's Fee $ ~ ~I • '7 ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 4Z-03305T0 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 fallowing date(s): .-~- u Legal Clerk Subscribed and sworn to before me this ! G'~"~" _ day of ` Notary Public r ~ uNa,~ ~©rz GOmrt'II~afDr1 t\umo_ ~ ;'cc31~J oa~a J~nu~ 27, I OFFICIAL PUBLICATION ORDINANGE N0.07-4267 ORDINANCE AIYIENDING TITLE 10 OF THE CITY CDD$, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMER- CIAL U51E OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS' TO INGREASE THE DURATIpN OF THE TEMPO- + RARY SIDEWALK PERMFT5 FROM ~ THREE (~ DAYS TO FOUR (4) DAYS. WHEREAS, regulating the public right-of- way ensures the safe movement of pedestrians; WHEREAS, seMion 10-3.4 provides that the City may issue two permits each year to businesses for the commercial use of City sidewalks far up to three (3) consec- utive days per permit WHEREAS, the powniovm Association of Iowa City has requested That the City Code be amended to increase the dura- tion of the temporary use a1 sidewalk per- mit from three (3) days to four, (4) days; !and WHEREAS, ii is in the City's interest to permit businesses to use the City's side- walks for an additional day. NOW, THEREFORE, BE ti ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS: ' Tdle 10, entitled "Use of Public Ways and Property," Chapter 3, entitled `Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits,' is hereby amended by deleting the first unnumbered paragraph of Section 4 in its entirety and by substRut- ing in its place the following new unnum- bered paragraph; The City Manager or designee is auUror- ued to issue no more than three (3} Temporary Use of Sidewalk Permits Per calendar year to businesses or business organizations for any commercial pur- l pose in commercially zoned districts excluding permits for sidewalk cafes, 3 ambulatory vendors, and mobile vending carts. Two (2) Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-ol-way abutting said businesses and shall be limited to no more it7an four (4) days for 'any one permit. One (1} Temporery Use pf Sidewalk Permit shall be limited to the temporary use of sidewalks and public right-of-way abutiing said businesses and ~ shall be limited to Friday evenings between the hours of 5:00 PM and 4:00 ~ PM for the period beginning the second Friday of May and ending on the third Friday of September of each year. SECTION II. REPEALER. All ordi- nancesandparts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION ill. PENALTIES FQ~i YJQI.A (~. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of ,the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not effect the validity of the Ordinance as a whole or any section, pro- vision orpart thereof not adjudged invalid or unconstitutional. I T This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of Juty, 2007. sJRoss Wilburn, Mayor ~ Attest: slhAarian K. Karr, City Clerk 64514 July iB, 2007 ~ r ~~~~~ ~m~ ~ ~ ~®i~~ ~_ __ CITY OF IOWA CITY 410 East Wast~in;ton Street lowa City, Iowa 52240-1826 (3!9) 356-5000 (3l9~ 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. 07-4268 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of July, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on July 18, 2007. Dated at Iowa City, Iowa, this 14th day of August, 2007. ~v oparil Deputy City Clerk Printer's Fee $~. C~ ~- 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 Bounty, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ _ _ time(s), on the following date(s): s 5 ~ L-~.t 1 ~ . `~-C~ CJ -- 4 Legal Clerl~ Subscribed and sworn to before me this day of A.D. 20~ ~ blic ~ ua~ o~ ,, ~ r 732619 res ~~p~g~ry ,27,27 2008 I OFFICIAL PUBLICATION I ORDINANCE NO. 07-4268 ORDINANCE AMENDING TITLE 14 OF THE CITY CODE, ENTITLEO'USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTRLED "FARMER'S i MARKET,' TO ALLOW FRAMERS MARKET VENDORS TO PREPARE AND SELL FOOD IN GHAUNCEY ' SWAN PARK. ~ WHEREAS, the Farmers Market present- { ly is limited to vendors selling their prod- ucts in Chauncey Swan parking ramp; WHEREAS, the Farmers Market Advisory , Committee recommends that the I Farmers Market be expanded to allow up ' to four (4) vendors to eel! food from 1I i Chauncey Swan Pant that has been cooked or grilled on site; and I WHEREAS, it Ls In the City's interest to ' permit Farmers Market vendors to took and grill food in Chauncey Swan Park. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CITY, IOWA: 7 SECTION I. AMENOMEt~S. _ 1. Title 10, entitled 'Use of i I Public Ways and Property,' Chapter 11, ~ entitled "Farmers Market," Section 1, ~ entitled 'Detnitions," is hereby amended I by deleting the definisions of Farmers ~ Market, Farmers Markel Vendor, Seaso Vendor, and Stall and inserting the folfav~ ing new definAians: FARMERS MARKET: An open air market sponsored by the Gty in Chauncey Swan parking ramp and Chauncey Swan Park ~ that is intended to provide an opportunity for individuals to se!! permitted items that ~ are grown or produced by them, which ~ conform to al! applicable city, county 8nd stale health and safety provision, indud- { ing state department of agriculture raga- ~ `lotions. FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell items in the' rfarmers' market or who is a grilling van-' dor. f GRILLING VENDOR: Person who is authorized under this chapter to occupy e 'grilling site to grill or Doak food and offer the prepared item for sale. A gritting ven- dor who grids or cooks food vn sRe may in.addition sell non-alcoholic beverages that have been prepared on site. GRILLING SITE: One of four locations designated by the director in Chauncey r Swan Park that a grilling vendor is authorized to occupy in order to prepare, and sell items consistent with the provi-' signs of this chapter ' SEASON VENDOM: A farmers' market !vendor who is authorized b1' the city tot oawpy a stall or grilling site for the entire season. STALL: A space designated by the direct for in Chauncey Swan parking ramp that a farmers'. market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market,' Section 3, entitled, "Standards tor. Granting or Denying Authorization,` is hereby amended by deleting Subsections B and D and adding new Subsections B and D in lieu thereof f find by adding a new 5ul>SacUon E: B. A stall or grilling site is available. D. If there are not sufliGent stalls or ~ grilling sites for a!I person who apply tar a stall or grilling site, a season vendor from 'tlte previous calendar year shell having priority over a person who was not a sea- ' son vendor from the previous calendar i year. I E. Grilling Vendov Only. (1) The grilling vendor has obtained insurance in a reasonable amount necessary to minimize risk of ~ harm to peBOns and property based on the intended use, as determined by the ~aty's risk manager. _• (2) The person has oblairted i all necessary pemrlts required by the ' Johnson County health deparbnent. (3j No other grilling vendor is ~ vending substantially the same food product. (4y Such other requirements ' i as the Director may establish in the administrative rules. A11 ordi- nancesand parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION ill. PENALTfES FOR VIOLA- TION. The violation of any provision of i this ordinance is a municipal infraction. SECTION IV. SEVERABIIJTY. if any section, pravi-sion or part of the l Ordinance shall be adjudged to be invalid . or unconstitutional, such adjudication ~ shall not affect the validity of the j Ordinance as a whoke or any section, pro- I vision or part thereof not adjudged irnafid ~ or unconstitutional. i SECTION V. EFFECTIVE DATE. This ~ Ordinanve shall be in affect alter its final passage, approval and publ{catlon, Hs provided by law. i Passed and approved this 1 Dth day o} , Jury, 2007. s/Ross Wilburn, Mayor ' ~ Attest: s/Marian K. Karr, City Clerk 64515 - July 48, 2007 + r , ~~~ ~ ~~~~ ~nl~ ~ CITY OF IOWA CITY 410 East Washington Street ]owa City, Iowa 52240-1826 (3l9) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA } )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Cleric 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. 07-4269 which was passed by the City Council of Iowa City, Iowa, at a Council meeting heEd on the 24th day of July, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen an August 1, 2007. Dated at Iowa City, Iowa, this 14th day of August, 2007. ~C„~ . Voparil Deputy City Clerk OFFICIAL PUBLiL'ATIU V Printer's Fee $ CERTIFICATE HF PUBLICATION STATE OF IDWA, JQHN54N COUNTY, SS: THE IDWA CITY PRESS-CITIZEN FED. ID # 4Z-Q33UG7n I I? ' a, being duly sworn, say that I am the legal clerk of the IDWA 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 times}, on the fall ing dates}: ~~ D ~n ~/a / Legal Clerk Subscribed and sworn to before me this ~~~~ day of a_n_ 2nt3~ _ Notary Public i.~a~ 1c~o~ Z ~~`. C.amm li~urrt~sr r32~1 s ~, ~ ARy Gcx; trn'~~m CxH3res .l~uisry 27, 20e8 oRE71NANCE Na. Q7-0269 ORDINANCE AMENDING TITLE 4, ENTITLED 'ALCOHOLIC BEVER- AGES" TD PROHIBIT POSSESSION Of OPEfV ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY. WHEREAS, City Gods sec- tion 4-5-5 titled "Open Containers" pro- hibits the possession of any alcoholic beverage on public property; and WHERF~4S, the City desires to limit the prohibited possession to open alcoholic beverages on public property. NOW, THEREI=ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of towA GITY, iowA: SECTION I. AMENDMENTS. 1. Tdte 4, entitled 'Aic:oholic Beverages,' Chapter 5, entitled "Prohibitions and Restrictions " Section 5, entitled '~ppen Containers,' paragraph B, entitled `P'ossession Prohibited" is hereby ~ amended to read: B. Possession Prohibited: [t shall be unlawful for any persons to possess any open or unsealed bottle, can, jar ar other receptacle containing an alcoholic bever- ages on any public street, ground, high- way, sidewalk, alley, or public right of way in the city, except if said person has pur- chased said alcoholic beverage from an "authorixsd entity', and is on an "author- ized site', as defined in this chapter. A person shall not possess any 4peR Or unseated bottle, can, jar or other recepta- cle captaining an alcoholic beverage in any public place within #hs city, except premises covered by a license or permit and, when applicable, a public right-af- way easement agreement. SECTION li. REPEALER. AIf ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVlrRABILI- TY. If any section, provi-slop or part of the Ordinance sha[I be adjudged to be invalid ar uncanstitu#ional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, pro- vision or part thereof oat adjudged invalid or uncons3i-tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect ' aver its final passage, approval and pub- lication, as provided by [aw. Passed and approved this 24th day of July, 2007. l srFtegenia Bailey, Mayor Pro #em Attest: slMarian K. Karr, City G1erk 76156 August 1, 2Dt7? ~ ~ r ~~~~~ * wra°~~il CITY OF IOWA CITY 410 East Washingron Street Iowa City, Eowa 52240-182b (319) 356-5000 (319} 35b-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. 07-4270 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of July, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 1, 2007. Dated at Iowa City, Iowa, this 14th day of August, 2007. _ \` . Voparil Deputy City Clerk oF>=1cIAL ~uBLicArloN Printer's Fee $ `~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, S5: THE IOWA CITIT PRESS-CITIZEN FED. ID # 42-0330670 I, ~~ ~~~ • ,being duly sworn, say that I am the Legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper times}, on the follo ing dates}: ~~ ~~~ ~~~ Legal Clerk Subscribed and sworn to before me this day of A.D. 20 f~ • - Notary Public ~~7 fd ~ ~:res - A~"~ ~.1~]I "~7, X48 ORDINANCE ND. 07-4270 ORDINANCE AMENDING T1TLE 8, ENTITLEI} "POLICE aEGULATlDNS," • CHAPTER 5, ENTRLED "MISCELLA- ~ NEDUS OFFENSES," BY ADDING A NEW SECTION 9, ENTITLED °AMA- ' TEUIR FlGHTING AND BOXING' TD~ faaDHif3fT Af~IATEUR FiGIiTING Anll~i BOXING AT E5TAE3LI5HMENTS THAT; ARE IJCEN5ED TO SERVE ALGDHOL. WHEREAS, the State of Iowa regulates professional, but nai amateur; fighting and boxing; and .. WHEREAS, it is in the best interest of the City to prohibit amateur ' boxing and fighting that occurs in estab- lishmen#s serving ak~trot. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTtDN I. AMENDMENTS. i. True 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous ! Offenses," is hereby amended by adding a new Sec#ion 9, entitled "Amateur Fighting and Boxing" as follows: A. Nv person, individual, association, cor- e poration, par#nership or club holding a ~ liquor control license, wine or beer permit, which authorizes vn the premises con- sumption, nor his yr her agents or employees shall allow an amateur fighting or boxing match to occur on said premis- es. B. IVo person shall participate in an ama- ' teur fighting ar boxing match in an estab- lishment holding a liquor control license, wine or beer permit, which authorizes on the premises oonsumptian. C. Na person shall promote, advertise, or organize an amateur fighting or boxing ~ match in an establishment holding a liquor control license, wine or bear permit, which authorizes an the premises t~art- ~ sumpiian. } D. "Amateur lighting and boxing match" means a boxing, wrestling, mixed martial ' arts fighting, extreme fighting, ultimate . I fighting yr shoot fighting matcfi, contest, , event or exhibition far which the contest- , ants are not paid or awarded a prize for ' their participation. SI=CTION ll. VIOLATION. Any violation of this ordinance shall ba oonsiderad a ' i simple misdemeanor punishable by a $500.00 fine and imprisonment not in excess vi thirty [30] days or a municipal I infraction punishable by a civil penalty of $750.00 for first offense and $1,000.00 for second and subsequent offenses. 5ECT10N 111. REPEALER. A11 1 ordinances and parts of ordinances in I conflict with the provision of this Ordinance are hereby repealed. ' SECTION IV. SEVERABILI- TY. If any section, pravi-sivn ar part vt the . Ordinance shall be adjudged #a be irnafid ar unconstitutional, such adjudication shall not affect tfie validity of the i Ordinance as a whole or any section, pro- I ' vision or part thereof not adjudged invalid l or uncaps#i-tutivnaf, ~ SECTION V. EFFECTIVE j DATE. This Ordinance shall be in effect I ' after its final passage, approval and pub- . I iication, as provided by law. Passed and approved this f 24th day of July 2007 slRegenia Bailey, em Attest s/A9arran K !Carr city August 1, 2007 r STATE OF IOWA ) )SS JOHNSON COUNTY ) 410 East Washington Street lowa City, Iowa 52240-1826 (319} 356-5000 (319) 356-5009 FAX www.icgov.org ,~®~•~ CITY OF IOWA CITY I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, da hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07271 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 24th day of July, 2007, ali as the same appears of record in my office and published in the Iowa City Press-Citizen on August 1, 2007. Dated at Iowa City, Iowa, this 14th day of August, 2007. ~~~~ ~ ~~.V . Voparil Deputy City Clerk Printer's Fee $ SDI • `-13 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~/7G1f~lil ~~~ _ 'B~eei~a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time{s), on the following date{s}: 7 Legal Clerk Subscribed and sworn to before me this .~nL/ _ _ day of A.D. 20 Y~ ~ - -^. Notary Public ~~~ ~ 1'tttrrrfoar ?5281?52819 - ~~ ~l ~ E~fres .. •ov~ ~~ ~, 2Qi]8 U ~ - ~~.~ { OFFICIAL PUBLICATION ~ ORDINANCE N0.0T~271 ORDlNANGE AMENDING GITY CODE i I TITLE 7; ENTITLED FIRE PREVENTION ~ AND PAOTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH FIRE AND LIFE SAFE- ' TY REOUTAEMENTS FOR NEW AND EXISTING GROUP A-2'AND B 000U- PANCIES, WHEREAS, City Code Section 7.1-1 adopts the International Fire Code and City Cqda Section t7-1-1 adopts the lntemationat Building Code; and ~ WHEREAS, City Coda section 7-1-2 amends sections of the International Fare Cade and City Code 5eciion 17-1-3 amends sections of the International Building Code; and WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinkler systems, fire alarm systems, i and exit width openings in Group A-2 ~ occupancies; and WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinker systems in Group 8 occupan- cies; and WHEREAS, it is in the best interest of the ' City to adopt the amendments. ' NOW, THEREf=ORE, BE IT ORDAfNED ' BY THE CITY COUNCIL OF THE CITY ~ OF IOWA CITY, IOWA: ~ ~ SECTION I. AMENDMENTS. 1. Tftle 7, entitled "FlRE PREYEN1lON AND PROTECTION", Chapter 1, enti- tled "Fire Code," Is hereby amended as follows: 5eotlon 102.1 Modify by~ adding a fifth applicability requirement to the end as follows: 5. A. Existing A-2 Occupancies with an occu- pant load of 299 or more with an Alcoholic Beverage brvision License (ABDL) shall comply wish Section 903.2.1.2 by July 1, 2010. Exi;mpfion: Single business occupancies . in single story nonabutting buildings. B. ~ Existing A-2 Occupancies with en occu- pant load of 54298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. c. Existing B Occupancies located on a floor other than the level of exit discharge and with an ABDL shelf comply with Section 903.2.1.2 by July 1, 2013. D. A I I existing A-2 Occupancies with an occu- pant load of 104298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business owner- ship, defined as the sale, transfer, or ' assignment of any legal or equitabta own- s ershap interest, except that the owner may show to the building official's satisfaction ~ that said change in ownership is one of I form and not substance. Section 903.2.1.2 Delete ~ section 903,2.1.2 and insert in lieu there- ~ of Ehe fdlowing: ' 903.2.1.2 A. New Group A-2 Oxupancies. An automatic sprinkler system shat! be provided iT one of the following wrt>jitions exists: ~ i) Tha fire area exceeds 5,000 square feet; --- - ~ 2) The fire area has an oocupart load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. . Existina Group A-2 Occupancies and Group B Occupances. An automatic sprinker system shall be provided throughout the A-2 occupancy if one of the following conditions exists: ~ 1) 7'he A-2 occupancy has an occupant t load of 299 or more and has an ABDL. ' Exemption: Single business occupancies in single story nvnabutting buildings; or ____,-.~ _ ,.. ~~ ~ ~~ 2)~The A=2-ooc~pancy has an occupant load of 50-29B end as located on a floor other than the level of exit discharge and has an ABDL; or i 3) Group B Occupancies located on a i ~ floor other than the level of exit discharge and which have an ABDL; or . 4) Group A-2 Occupancies with oocupanE load of 100 or more that have an ABDL and are not regulated in 81 or B2 above, i provided: i There is a change in business ownership, defined as the sale, transfer, or assign- , ~ ment of any legal or equitable ownership III Interest, except Thal the owner may show ~ ~ to the building oificiars satisfaction that said change in ownership is one of form and not substance. i ( Sectfon 903.2.1.8 Add a new I Section 903,2.1.6 as follows: Section 91),3.2.1.fi. An automatic sprinkler I system shall be provided throughout buildings and portions thereof used as I new Group B occupancies with an ABDL ~ or existing group B occupancy with a new ~ (nat a renewal) ABDL 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 B occupancy wRh an ABDL or where the Group B occupancy with a new ABDL is boated, and in ail floors between the Group B occupancy and the level of exit discharge. Sectfon 907.2.1 Delete the "exception' in Section 907.2.1 in its entirety and insert in lieu thereof the fol- IrnWngexceptions: EXCEPTION: '1} F_xoept for Group A-2 occu- pancies with occupant loads of 200 or i ~ more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic spunkier system and the aiann notification appli- ' ances will activate upon sprinkler water ~ flow. 2) Group A-2. An aulomatidmanual f+re alarm system shall be installod in Group A-2 occupances wish occupant loads of 200 or more, ~ Activation of the fire alarm shall addition- 4 ~ ally cause: a. Illumination of the protected premises ' to npt less than 10 footsandfes over the ~ ~ area ai the room at a height of 30 inches ' above the floor; and i b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 1024.2 Deleto the "exception" in 5eciion 1024.2 in its entirety and insert in Ileu thereof the following exceptions: r EXCEPTION: 1) Except For Group t A-2, in assembly occupancies where there is no wall-defined main exit or where multiple main exits are provided, extra shall be permitted to be distributed around the perimeter of the building pro- vided that the total width of egress is not i ~ less than 100 percent of the required width. 2) the main entrancelexit of A-2 occupancies stroll be of a width that acoommoda#es not Isss than Iwo-thirds of the total occupant load. 2. Titles 17, entitled "13UILDfNG AND HOUSING," Chapter 1 entitled "Building Code," is hereby amended - as follows: Section 903.2.1.2 Delete section 903.2.E 2 and insert in lieu there- ` of the following: 9113.2.1.2 j A. New Group A-2 Occupancies. I An automatic sprinkler system shall be ' provided ii one of the following conditions ~ exist: ~ 1} The Fire area exceeds 5,000 square feet; or 2} The (ire area has an occu- f r pant load of 100 or more; or 1 _ 3) The fire area is located on a flooroth;3r'ihan the level of exiE dis- i charge, B. Existing Group A•2 Occupancies and Group B Occupancies. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: } 1) The A-2 occupancy has an occupant ' load of 2gg or more and has an ABDL. .i Exemption: Single business occupancies m single story nonabutting buildings; or i 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor j other than the level of exit discharge and I has an ABDL; or 3) Group B Occupancies located on a E floor other tfian the level of exit discharge i and which have an A60L; or ; r 4) Group A-2 Occupancies with an occu- panty load of t00 or more that have an ABDL and are Hat regulated in B1 or B2 'above, provided: ~ There is a change in business ownership, defined as the sale, transfer, ar assignment of any legal or equitable ownership interest, except Fhat the owner j may show to the building official's sans- ~ faction that said change in ownership is one of form and not substance, ~ Facomplion: Single business ~ occupancies in single story nonabutting j buildings. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An auto- ~ merit sprinkler system shall be provided ~ throughout buildings and portions thereof i used as new Group B occupancies with an ABDL or existing group B occupancy with a new fnot i3 renewal) ABDL located 1 i on a flonr other than the level of exit dis- charge. The automatic sprinkler system I shall be provided throughout the floor aroa where the new Group B occupancy j with an ABDL or where the group B occu- , panty with a new ABDL is located, and in k aEl floors bahnreen the Group B occupancy and the level of exit discharge. ~ 1 Section 907.2.1 Delete the i 'exception" in Section 9072.1 in its ~ entirety and insert in lieu thereof the fol- lowing exceptions: ~ EXCEPTION: ~ 1) Except far Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped ihrougheut with an automatic sprinkler system and the alarm notifica- lion appliances will activate upon sprin- kler water flow. 2) Group A-2. An automaticlmanual Hre alarm system shall I be installed in Group A-2 occupancies f with occupant loads of .200 or more. {{ Activation of the fire alarm shall addition- I ~ ally cause: i a. Illumination of the protected premises to Hat less than 10 toot-candles over the area of the room at a height of 30 inches above the floor; and i b. All conflicting or confusing sounds and visual distraction to autornaiically stop. Section 1024,2 Delete the , "exception" in 5ectien 1024.2 in its entire- ty and rnseri in lieu thereof the following ' exceptions; ' EXCEPTION: 1) Except for Group A-2, in assembly occupancies where j there is no well-defined main exit or where mukiple main exits are provided, ~ exits shall be permitted to be distdbuted ~ around the perimeter of the building pro- vided that the total width of egress is not less than 100 percent of the required I width. 2) The main ' entrencelexit of A-2 occupancies shall be ~ i of a width that accommodates not less ~ _than two•thlyds of the total occupant bad. ' o-,' .- ~-~.7 ~ Q ~. ~- ~ SEC710N Il. REPEALER: All ordlnarices'' and parts of ordinances in conflict with the l provi-sions of this Ordinance are hereby 3 repealed. ' SECTION lil. PENALTIES FOR VIOLA- TIONS. The violation of any provision of this Ordinance is a municipal infraction. SECTIDN IV. SEVERA8ILlTY. li ahy sec- tion, provi-ston or part o! the Ordinance shall be adjudged to be invalid or uncon- . stitutional, such adjudication shall not ~ affect the validity of the Ordinance as e whole or any section, provision or part ~ thereof not adjudged invalid or unconsti- E rational. SECTION V. EFFECTIVE DATE. This ' Ordl-Hance shall be in effect upon publi- Ication. ~ i Passed and approved this 24th day of July, 2007. ' I slRegenia 13aitsy, Mayor Pro } tam If Attest: slMarian K. Karr, City Clerk l 76158 August 1, 2007 S _ _. ~ ~s ~~ r< r :..r®~~ ~1111,~r,~ ~ -•ti.as._ CITY QF [OWA GTY 410 East Washington Street lawa City, Iowa 52240-1825 (319} 355-5000 (319) 356-5009 EAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) !, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4272 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of August, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 7, 2007. Dated at lows City, lows, this 11th day of September, 2007. Jul] oparil ~ Deputy City Gterk Printer's Fee $~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330G70 I, 1~~i l~S Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time{s}, on the fail wing date(s): /~,.~}~] 7 ~tJ~-/ 1 Legal Clerk Subscribed and sworn to before me this_ ~ S`~''` _ _ _ day of A.D. 20 ~ T Notary Public ~ o uN~ ~orl ` >~ C~ l4trmbar 732819 q ~Y ~~ ~lrrjs JmMlery 27, 2bos , OFFICIAL PUBLICAT]ON ORDINANCE N0.07-4272 ORDINANCE AMENDING TITLE it) OF THE CITY CODE, ENTITLED 'USE OF PUBLIC WAYS AND PROPERTY," CkAPTER 3, ENTITLED, "COMMER- CIAL USE OF SIDEWALKS," SECTION 3, ENTITLED 'USE FOR SIDEWALK cAFES,• ra ALLOw srDEWALIc CAFES TO ENCOMPASS RAISED PLANTERS IN CITY PLAZA UNDER LINKED CIRCUMSTANCES. WHEREAS, sidewalk cafes are a use of public sidewalks that require a temporary easement; and i WHEREAS, section tl]-3-5B1 currently provides that In Gity Plaza there must be + a minimum of eight (a) fasE of urwbstruct- , ed sidewalk between the side of the cafA and an elevated planter; ~ WHEREAS, City Councl shaukl have ~ ~ the discretion to allow sidewalk cafes to encompass raised planters under limited circumstances; and WHEREAS, it is in the City's interest atlopt this amendment. NOW, THEREFORE, SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION !, AMENDMENTS. Title ip, entitled "Use of Public Ways arrd Property,' Ghapier 3, enihled " "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled 'Usable Sidewalk Caib Area ' is hereby amended by adding the following new Paragraph 5: City Council may allow a sidewalk cat+3 to encompass or utilize an elevated planter, indudirrg a planter that is not directly in front of the establishment to which it Is connected, if the applicant demonstrates to Councl satisfaction that ~ the proposed case meets the following cri- feria: (t)1t does not rntertere with pedestrian movement. (2J It does not adversely affect ' drainage. (3) It does npt adversely affect public ar City utilities located or operating within City Plaza. ~ {4} h enhances the appearance and use of City Plaza. {5} tt does not interfere with the funo- tionality of any other existing sidewalk cafA. (6) It is not otherwise contrary to public IMBreSt. ~ - The easement agreement shaft include provisions tar fencing, insurance, main- tenance, vegetation, and the subsur- face. The easement agreement shall provide that the caf4 owner pay aft Costs associated with the cold includ- ing, but not limited to, the cost to move water mains acrd water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. li the raft' enoompass- es or utilizes more than one elevated planter, the area between the planters shall be included in the sidewalk CafA area but need Trot be delineated as such unless tables and chairs are pres- aM. The proposed cats sha11 not be subject to sections 113-3-38(1)-(4) and 10-3-3E(6) of this code. ~ SECTION If, REPEALER. AEI ordi- nances and parts of ordinances in contlid with the provision of this Ordinance are hereby~repealed, - SECTION 111. PENALTIES FOR VIO- CATION. The violation a1 any provision of this ordinance is a municipal infraction or a Simple misdemeanor. SECTION iV. SEVERA8fL1TY. if arty section, provision or part of the `Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity ai the Ordinance as a whole ar any section, provision or part thereof not adjudged irnaiid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect offer its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of August, 2647. slRass ~Iburn, Mayor Attest: slMarian K. Karr, City Clerk ,_76176" August 7, 2007- ~ r , ~.~.®~r~ ~nllir. ~ ''w°°'~~ -•t.r~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 [319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4273 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2007. Dated at Iowa City, Iowa, this 11th day of September, 2007. _ ~ Julie aril Deputy City Clerk Printer's Fee $~Q.D~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Diana-Rerr~e a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time{s), on the following dates}: ~C~.~~_ ~~ ~Y, Legal Clerk Subscribed and sworn to before me this day of ~,~ A.D. 20~~. ( ' ublic ~ ~ #.11~~- ~~~732g19 . ~-c~ CosnllsL~ ml ~ moires o ~ ~~ 27, 2008 OFFICIAL PUBLICATION ORDINANCE N0. D7-4273 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 15.42 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING MEAD- DWSDRIVE FROM MEDIUM DENSITY 51NGLE FAMILY AESIOENTIAL (RS-8) TO NIGH DENSITY 51NGLE FAMILY RESIDENTIAL (RS-12) (REZ006-0D025) WHEREAS, the applicant, MBHG Irnestment Cv., Inc., has requested a rezoning of property located South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential {RS-12}; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for duplex and small lot single famiry resi- dential development; and WHEREAS, the•Planning and Zoning Commission has the reviewed the pro- posed rezoning and determined-that it complies with the Comprehensive Plan provided that ii meets conditions addressing the need for adequate sec- ondary. access and street connectivity between neighborhoods; and WHEREAS, Iowa Code §414.5 (2045} provides that the City of Iowa City may impose reasonable wndisions on granti- ng an applicant's rezoning request, over and above existing regulations, in order td satisty public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that dhe property shall be developed in avoordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, eE IT ORDAINED BY THE CITY COUNCIL OF THE CFTY OF IOWA CITY, IOWA: SECTION l APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS- 8 to RS-12: _ LEGAL DESCRIPTION COMMENGING AT THE NORTHEAST CORNER OF AUDITDR'S PARCEL 2003100, IOWA CITY, IOWA, INAGCOR- DANCE WITH THE PLAT THEREOF RECORDED IN BOOK 48, AT PAGE 155, OF THE RECORDS OF THE JOHNSON 000N- TY RECORDER'S OFFICE; 7HENCE S00°02'42`YY, ALONG THE EAST LINE OF SAID (CF([1DlTORS PARCEL 2043100, A DIS- TANCE OF 127.00 FEET; THENCE N89°5T18'4y ALONG SAfD EAST LINE, 12.29 FEET; THENCE S00°02'42"W ALONG EAST LINE 33.00 FEETTOTHE' POINT OF BEGINNING; THENCE CON- TINUING S00°02'42"W ALONG SAID EAST LINE, 170.50 FEET; THENCE S89°57'18"E ALONG SAID EAST LINE, 298.23 FEET; THENCE S00°42'42"W ALONG SAID EAST LINE, 137.50 FEET; THENCE N89°5T18"W ALONG SAID EAST LINE, 2D.D0 FEET; THENCE S40•D2'42"4Y ALONG SAID fa45T LINE, 175.00 FEET;' THENGE S05°44'59"E ALONG SAID EAST LINE, 159.34 FEET; ; THENCE S16°40'29"W ALONG SAID EAST LINE, 114.86 FEET; THENCE S01°38'48"E ALONG SAID EAST LINE, 8.20 FEET; THENCE NBB°29'50"W, 111.79 FEET; THENCE S78°51'22"W, 236.93 FEET; THENCE S89°33'59"W, 584.90 FEET; THENCE N00°26'01'W, 270.88 FEET; THENCE N35°2747"E, 54.47 FEET; THENCE Nib°03'10"E, 215.73 FEET; THENCE N00°02'42'E, 292.17 FEET; 7HENCE S89°57`t8°E, 433.17 FEET; THENCE SOUTHFJIST- ERLY, 22.80 FEET, ALONG THE ARC OF , A 400,00 FOOT AADIUS CURVE, CON- CAVE SOUTHWESTERLY, WHOSE 22.79 FOOT CHORD BEARS ,~ ~~ `°-~3 S88°19'20"E; THENCE S86°41'22'E, 100.00 FEET THENCE SOl1THEA5T- ERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE, GON- CAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88°79'2D"E TO THE POINT OF BEGIN- NING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS. 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 at 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) end the City, fallowing 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 cer- tify acopy 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 pas- sage, approval and publication of this ordinance, as provided by law. 5EC7lON V. REPEALER. All ordinances and parts of oMinances in-conflict with the provisions of this Ordinance are here- by 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 unconstitutonal. SECTION Vli. EFFECTIVE DRTE, This Ordi-nanve shall be in effect after its final passage, approv-al and publication, as provided by law. Passed end approved this 21st day of August, 2007. slRoss Wilburn, Mayor Attest: slMarian K. Karc, City Cleric CONDITIONAL ZONING AGAEEMENT THIS AGREEMENT is made between the City of Iowa G'rty, [owe, a municipal cor- poration (here"matter 'City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment Co., Inc. (here- inafter "Applicant"}; WHEREAS, Owner is the legal title hold- er ai approximately 34.86 acres of prop- erly located west of Whispering Meadows, Part 2; and WHEREAS, the Applicant, uyith the Owner's participation and consent, has requested the rezoning of a portion (approximately 15.42 acres} of said prop- erty from Medium Density Single Family Residential (RS-8) to Nigh Density Single Family Residential (RS-t2) and subsa- quent to this rezoning, requested a rezoning vi the entire 34.88 acres of land from Medium bensity Single Family Residential (RS-8) and Higfi Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD- 8) and Planned Development Overlay 12 (OPD-12), respectively; and WHEREAS, the Planning and Zoning Commission has the reviewed the pro- posed rezonings and determined that, with appropriate conditions regarding adequate secondary access and street connectivity between neighborhoods and conditions addressing approval of wei- fand mRigation, monitoring, and long term maintenance of wetlands created in com- pensation far wetlands disturbed during development of the, property, the pro- posed zoning is in conformance with the Comprehensive Plen and should be approved with said conditions; and ~~ ~ ~ WHEREAS, Iowa Code §414.5 (2007) development acid to the western edge of provides that the City of Iowa City may THE NORTHWEST CORNER OF LOT ~ the Sycamore Greenway and impose reasonable conditions on granti- ~ 174, WHISPEAlNG MEADOWS SUBDI- OwnerlApplicant shall document said ng an applicant's rezoning request, over ~ VI510N, PART TWO, TO IOWA C1TY, " cost prior to reimbursement;~and and above existing regulations, in order '1 IOWA ACCORDING TO THE RECORD- e) The Ciiy shall reimburse the Owner to satisfy public needs directly caused by ~ ED PLAT THEREOF, RECORDED IN and/or Applicant its share of the costs the requested change; and I ;'PLAT BOOK 34 AT ?AGE 99 IN SAID ~ outlined in (c) and (d) above within thirty WHEREAS, the Owner and Applicant r RECORDER'S RECORDS; THENCE {30) days of the City's acceptance of the acknowledge and agree that wrtain oon- ' S1J0Q02'42'W, ALONG A WESTEALY ovnstructed Whispering Meadows Drive ditions and restrictions are reasonable ' ;LINE OF SAID WHISPERING MEAD- as a public improvement, provided the and necessary to ensure the develop- ~ F OWS SUBDIVISION, PART TWO, ownedapplicant has provided documen- ment of the property is consistent with the (27.00 FEET; THENCE N89°57'iB"VY, tation of said cost; end Comprehensive Plan, to provide for safe t ALONG A WESTERLY LINE OF SAID f) The Owner andlorApplicanE will make a and adequate traffic circulation between ~ SUBDIVISION, 12.29 FEET; THENCE 'good faith effort to provide housing within neighborhoods, to ensure that streets are • ~ S0D4D2'42"W, ALONG A WESTERLY the subject development That is afford- not overburdened with traffic, and to pro- LINE OF SAID SUBDIVISION, 203.50 able to residents with incomes at or vide for efficient provision of public and 'FEET TO THE SOUTHWEST CORNER ` • below the Iowa City area median income emergency services; and OF LOT 167 DF SAID SUBDIVISION; and specifically use best efforts to WHEREAS, the Owner and Applicant ~ k l d d th t th THENCE 589°5716"E, ALONG THE ~ encourage non-profit groups in the busi- now e ge, an agree a ac e SOUTHERLY LINES OF SAID LOT 167 Hess of providing affordable housing to increased development pvlentia! that will AND L075 166, 165, 164, 163, 162 AND consider Whispering Meadows Part !Vas resuN due to the requested up•zoning of PART OF LOT 161, A DISTANCE OF ~ a possible location for their projects. The the subject properly along with the pro- 298.23 FEET TO THE NORTHWEST E • Owner and/or Applicant will not discrimi- poseddisturbance of a significant portion CORNER OF LOT 154 OF SAID SUBDI- ~ Hate against such groups and wilt act in a of the sensitive features will make it nec- VfSfON; THENCE S0OQ02'42"W, ALONG reasonable manner when presented with essary to construct off-site improve- A WESTERLY LINE OF SAID SUBDIVI- affordable housing projects in this devel- ments, namely the extension of SION, 137.50 FEET; THENCE ~ opment; end Whispering Meadows Drive, a collector N8945T18'W, ALONG A WESTERLY g) Tha City will provide for temporary ' street, across the abutting public proper- ' LINE OF SAID SUBDIVISION, 20.00 construction easements on city property ly (Sycamore Greenway) to provide nec- ' FEET; THENCE SD0p02'42"W, ALONG A to allow for the construction of essary secondary access !v relieve traffic - 'WESTERLY LINE OF SAID SUBDIVI- i ~ Whispering Meadows Drive across the congestion on Lakeside Drive, a collector street which would otherwise be ovef- - SIGN, 175.00 FEET; THENCE ° ' ' Sycamore Greenway end for the exfen- , burdened with traffic generated by the S05 44 59 E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 .sion of Blazing Star Drive across City• owned property as illustrated on the plat. proposed development; and FEET TO THE SDUTWWEST CORNER 'Upon concurrence by the City Attorney's WHEREAS, the City acknowledges the ' OF LOT 150 OF SAID SUBDIVISION; ~ Office, the Director of Public Warlrs Is importance of providing afloMabte boos- ~ THENCE 516°40'29'W, ALONG A hereby authorized to execute those ing and in response to good faith efforts { `WESTERLY LINE OF SAID SUBDIVI- agreements on behalf of the City; and on the part of the Owner and Applicant to ' S10N, 114.86 FEET; ' THENCE h) Tha wetland mitigation plan must be provide affordable housing, the City finds ~ r S0iQ38'48"E, ALONG A WESTERLY approved by the Army Corps of it reasonable to reimburse the developer LINE OF 5A1D SUBDIVISION, 196.14 Engineers and al! other applicable State for half the cost of constructing the afore- m ntioned street connection across the 'FEET TO THE SOUTWWEST CORNER ~ and Federal agencies prior to any devel- e OF LOT 147 OP SAID SUBDIVI510N; ~ opment activity on the subject property; Sycamore Greenway; and S O li " tHENCE S88ff21'0S"W, 111.19 FEET TO ~ and WHEREA , the wner and App cant THE POINT OF BEGlNNENG, CONTAIN- q Copies of all site visit reports and annu- acknowledge and agree that certain con- ING 34.86 ACRES AND IS SUBJECT TO al monitoring reports submitted to the ditions and restridicns are reasonable {EASEMENTS AND RESTRICTIONS OF Army Corps of Engineers wit! be sent and necessary tv protect, mitigate, moni- RECORD. concurrently to the City; and tor, and maintain wetland areas during ' 2. The Owner and Applicant acknowledge ~ D The wetland mitigation site will ba mon- and after development of the subject ,and agree that the City wishes to ensure Itvrad by a wetland specialist for a period property; and _ ~ conformance to the principles of the of not less than 5 years and continuing WHEAEAS, to satisfy public needs ~ Comprehensive Plan, provide for safe unfit 85 % of the lots abutting the wetlands directly caused by the requested rezon- ~ and adequate traffic circulation between -are developed and the other 15°6 of the ings, the Owner and Applicant agree to neighborhoods, protect sensitive environ- lots abutting the wetlands are stabilized develop the subject property in accar- I mental features within the City, and pro- ~ from erosion. Written reports by the wet- dance wish the terms and candttivns of a ,vide opportunities for affordable housing. land specialist shall be submitted tv the Conditional Zoning Agreement. i Further, the parties acknowledge and ~ City after every site visit and at least 3 _ NOW, THEREFORE, in consideration of ~ - agree that Iowa Code §414.5 (2007} pro- site visits and reports shall occur per con- . • ttte mutual pFoTnises contained herein,! ~ ~ vides that the City of Iowa City may , 1 struction season, which for purposes of the parties agree as follows; ~ impose reasonable conditions on granti- ;this agreement is defined as March 1 to 1. Barker Oevelopmerrt Co. is the legal ng an applicant's rezoning request, war 0ctober3l. The OwnerandlorApplicant title holdev of the property legally ; and above the existing•,regulations, in ~ shalt promptly repair any noted damage described as follows: ~ order to satisfy public needs directly to the' wetlands during the monitoring A PORTION OF TWE SOUTHEAST caused by the requested zoning change. period; and ONE-QUARTER OF SECTION 23ANDA ~ 3. fn consideration of the City's rezoning k) Prior to fins] platting any portion of the •, PORTION OF THE SOUTHWEST ONE- k the subject property, Qwner and subject property, the OwnedApplicant QUARTER OF SECTION 24, ALL IN ~ Applicant agree that development of the TOWNSHIP 79 NORTH, RANGE 8 subject property will conform to all other shall submft a maintenance plan pre- WEST OF THE 5TW P.M., CfTY OF ~ requirements of the zoning and subdivi- pared by a wetland specialist and IOWA CITY, JOHNSON COUNTY, IOWA, sion ordinances, as wet! as the fofiowing ' ' approved by the City that estimates main- t f th tl d d I • t - THE BOUNDARIES OF WHICH ARE add onal conditions: N enance cos s or e we an areas an ~ -- DESCRIBED AS FOLLOWS: a) Tha Owner and/or Applicant will be private open space within Outlots A and AUDff414'S PARCEL 2ti03100 responsible far extending Whispering B, specifically details long term mainte- BEGINNING A7 THE SOUTHEAST Meadows Drive to the western edge of Hance responsibilities, and describes CORNER OF SECTION 23, TOWNSHIP the Sycamore Greenway in an alignment generally to whom these responsibilities 79 NOR7ti, RANGE 6 WEST OF THE determined by Ehe City Engineer; and ~ will be assigned; and 5TH P.M., CITY OF IOWA CITY, JOHN- b) The Owner and/or Applicant wi[I be 4. The Owner, the Applicant, and the City SON COUNTY, IOWA; THENCE responsible for extending Blazing Star acknowledge and agree that the condF S89Q33'S9"W, ALONG THE SOUTH LINE Drive across City-owned property as illus- lions contained herein are reasonable OF THE SOUTHEAST ONE-QUARTER !rated on the plat in an alignment and necessary addftienal conditions to OF SAID SECTION 23, A DISTANCE QF approved by the Ciiy Engineer, and impose on the land under Iowa Coda 1318.71 FEET TO THE SOUTHWEST ~ c) The City will reimburse the applicant §414-5 (2007}, and the! said additlanal j CORNER OF THE SOUTHEAST ONE- far one-half of the reasonable cost of con- conditions are imposed to satisfy public - QUARTER OF THE SOUTHEAST ONE- stsuction of the portion of Whispering needs that are directly caused by the QUARTER OF SAID SECTION 23; ' Meadows Drive that crosses the requested zoning change. THENCE ND0°02'18°E, 1121.93 FEET ; sycamore Greenway and 5. Tha Owner, the Applicant, and the City TO THE SOUTHWEST CORNER OF OwnedApplicant shall document said • acknowledge and agree that in the event LOT 13, LAKESIDE ADDITION TO IOWA .cost prior to reimbursement; and the subject property is transferred, sold, • CITY, IOWA ACCORDING TO THE d) The City shall reimburse the applicant redeveloped, or subdivided, all redeveM ~ `RECORDED PLAT TWEREOF for the reasonab[e cost of the excess opment wilt conform to the terms of this RECORDED IN PLAT BOOK 9 AT PAGE pavement required to meet collector Conditional Zoning Agreement. r 99 1N THE RECORDS OF THE JOHN- street standards aver that required fora 6. The parties acknowledge and agree SON COUNTY RECORDER; THENCE 28-foot wide local street for the entire that this Conditional Zonlrtg Agreement ' S89Q5T18°E, ALONG THE SOUTHERLY length of the extension of Whispering shalt be deemed to be a covenant run- LINE OFSAID LAKESIDE ADDITION TO Meadows_ Drive through the subject r IOWA CITY, IOWA, 1175.00 FEET TO -- ~~ 3 3 C~-~~.. 0--1- tea---~ 3 ning whir the Cana ana wrm ttt3a to the t land, and sha11 remain in tali force and ' effect as a covenant with We to the land, unless or until released of record by the i City of Iowa City, 'The parties further fi acknowledge that this agreement shall inure to the benefit of and bind all suc- censors, representaWes, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree that nothing in this Conditional Zoning Agreement sha[I be construed to relieve the Owner or Applicant from com- plying with all other applicable local, Slate, and federal regulations. 8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be irworporated by reference into the ordinance rezoning the subject prop- erty, and that upon adoption and publica- tion of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 24th day of Juty, 2007 CITY OF IOWA CITY s/floss Wilburn Mayor 0.ttesi: slMassan K. Karr, City Clerk BARKER DEVELOPMENT COMPANY By: slRobert Barker MBHG INVESTMENT COMPANY, 1NC. I By: slSterre Gordon 76734 August 29, 2007 ~ r viii ~ wr®~°~ CITY O~ 1OWA CITY 410 East Washington Street lava City, Iowa 52240-182b (319} 355-5000 (319} 355-5009 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. 07-4274 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2007. Dated at Iowa City, Iowa, this 11th day of September, 2007. L ~~ Julie paril Depu#y City Clerk Printer's Fee $ I a~, 3C~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, S5: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ time(s}, on the following date(s): A1. , ~-°1 , Zbca7 Legal Clerk Subscribed and sworn to before me this '? ~` day o A.D.20~_. - - ~--.--_~----...__.._... Notary Public LL~L•v rs OFFICIAL PUBLICATION ORDINANCE ND. 07274 AN ORDINANCE CONDITIONALLY REZONING APPFtOXI}JiATELY 34.86 ACRES OF LAND LOCATED SOUTH AND WEST OF WHISPERING. MEAD- OWS DRIVE FROM MEDIUM DENSITY 1 SINGLE FAMILY RESIDENTIAL (RS-8) ~ AND HIGH DEN5ITY 51NGLE FAMILY RE5IDENTIAL {R5-12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT OVERLAY 12 (DAD-12) (REZD6-00026) WHEREAS, the applicant, MBHG investment Co., Inc.,' has requested a rezoning of property located South end West of Whispering Meadows Orlve from Medium Density Single Fatuity Residential (RS-8} and High Density Single Family Residential (RS-12) to Punned Development Oveday B (OPD-B) and Planned Development Overlay 12 (OPp-12); and WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features, Including a stream corridor, wetlands, woodlands, and hydric soils that must be taken Into account and protected ii property Is pro- posed for development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of wetland mitigation, monRor- ing, and tong term maintenance of wet- lands created in compensation for wet- lands disturbed during development of the properly: and WHEREAS, Iowa Code §414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granti- ng an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed thaE the property shall 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. Sub{act to the Conditional Zoning Agreement attached hereto and incorporated herein, property descdbed below is hereby reclassified from its current zoning designation of RS- 8and RS-12 to OPD-8 and OPD-72. LEGAL DESCR1PTlON A PORTION OF THE SOUTHEAST ONE-OUARTER OF SECTION 23 AND A PORTION OF THE 5t7UTHYJEST ONE- QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE B WEST OF THE 5TH P. M., CITY OF IOWACITY, JOHNSON COUNTY, EOWA, THE 80UNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 20113100 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE B WEST OF THE 5TH P.M., CITY OF IOWA CITY, JDHN- SON COUNTY, IOWA: THENCE 589433'59"W, ALONG THE SOUTH LINE OF THE SOUT}i1J+ST ONE-QUARTER OF SAID SECTION 23, A DISTANCE OF 1318.71 FEET TO THE 50UTHWEST CORNER OF THE SOUTHEAST ONE- QUARTER OF THE SDUTHEAST ONE- QUARTER OF SAID SECTION 23; THENCE N00402'18"E, 1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDlT10N TO IQWA CITY, IDWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 99 !N THE RECORDS OF THE JOHN- SON COUNTY RECORDER; THENCE Si3945T18 E, ALONG T}fE SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00-FEET TO ~ ~~. ~ ~3 THE NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDI- VISION, PART TWO. TO IOWA CITY, ~ IOWA ACGOROMIG TO THE RECORf3- ' ED PLAT THEREOF, RECORDED tN i PLAT BOOK 34 AT PAGE 99 IN SAID ~ RECORDER'S RECORDS; THENCE 500°02'42"W, ALONG A WESTERLY 11 LINE OF SAID WHISPERING MEAD- . QWS SUBDIVISION, PART TWO, 127.00 FEFCT; THENCE N89°57'18"1N, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE SOp°02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 2{}3.50 FEET TO THE 50UTHWEST CORNER OF-LOT 1fi7 OF SAID SUBDIVISION; THENCE 589457'16"E, ALONG THE SOUTHERLY LINES OF SAID LOT 1fi7 AND LOTS 166, 165, 164, 163, i62AND PART OF LOT 161, A DISTANCE AF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDI- V1510N; THENCE S00402'42"W, ALONG A WESTERLY LINE OF SAID SUBDSVI- 510N, 137.50 FEET; THENCE ' N6945T18"VII, ALONG A'WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; FHENCE S004D2'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVf- SION, 175.00 FEET; THENCE SD5444'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE SOUTHWEST CORNER OF LOT 150 OF SA1D SUBDIVISION; THENCE S16440'29"4y, ALONG A WESTERLY LINE OF SAfD SUBDIVI- 510N, 114.86 FEET; THENCE i 501438'48'E, ALONG A WESTERLY ~ LINE OF SAID SUBDIVISION, 196.14 I FEET TO THE 50lJTHWEST CORNER . OF LOT 147 OF SAID SUBDIVISION;' THENCE S88421'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAIN- ING 34.86 ACRES AND IS SUBJECT t0 , I EASEMENTS AND RESTRICTIONS OF , RECORD, SECT1pN II. ZONING MAP. The building official is hereby authorized and directed to vhange 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 bylaw. SECTION 111. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the Cny Clerk attest, the Canditivnal Zoning Agreement between the property owner(s) and the City fallowing passage and approval of this Ordinance. Si:CT10N iV. CERTIFiCAT10N AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed in cer- tify acopy of this ordinance, and record the same in~the Office of the County Recorder, Johnson County, Idwa, a1 the Owner's expense, upon the Anal pas- sage, 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 here- by repealed. SECTION V1. SEVERABILITY. It arty section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu4ianal, such adiudlcation shall not affect the validity of the Ordinance as a whole or any section, pro- vision or part thereof not adjudged invalid or unconstitutional. ' SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approv-al and publication, as provided by law. Passed and approved this 21st day of August, 2007, , sfRoss 1Niibum, Mayor ~ 1 Attest: s/141arian.tG Karr. City Clark 4 ~ ~ ~ ~ ~-~ - tea--, ~ CONDffIONAL ZONING AGREEMENT THIS AGREEMENT is made between the ~ WHEREAS, to satisty public needs ' 2. The Owner and ApRlicant acknowledge ~ City of Iowa City, Iowa, a municipal cot- directly caused the r uestsd rezon• by aq ' and agree that the City wishes to ensure potation (hereinafter "City"), and Barker ings, the Owner and Applicant agree to Conformance to the principles of the Develo ment Co. hereinafter "owner" , p ( } develop the subject propert}! in accor- Comprehensive Plan, provide for safe and MBHG Irnestment Ca., Inc. {here- dance with the tenor and conditions of a and adequate traffic clroufation behveen inaffer "Applicanf7; Conditional Zoning Agreement. neighborhoods, protect sensitive environ- WHERFJI5, Owner is the legal tide hold- NOW, THEREFORE, in consideration of mental features within the City, and pro- er of approximately 34.86 acres of prop- the mutual Atomises contained herein, vide oppoRunaies for affordable housing, i arty located west of Whispering the parties agree as follows: Further, the parties acknowledge and Meadows, Part 2; and 1 • Barker Development Co. is the legal agree that Iowa Code §414.5 {2007) pro- WHEREAS, the Applicant,'with the title holder of the property legally • eider that the City of Iowa City may Owner's attic' anon and consent, has p ~ described as follows: A PORTION OF THE SOUTHEAST im pose reasonable conditions on granti- ' requested the rezoning of a portion (approximately15.42 acres) of said prop- ONE-QUARTER OF SECTION 23 AND A ng an applicant s rezoning request, over and above the existing regulations, in arty from Medium Density Single Family PORTION DF THE SOUTHWEST ONE- order to satisfy public needs directly Resldential(RS-8) to High Dasts'siy Single QUARTER OF SECTION 24, ALL IN caused by the requested zoning change. Family Residential (RS-12) and subse- TOWNSHIP 79 NORTH, RANGE 6 CiTY OF WEST OF THE 5TH P M 3. In consideration of the City's rezoning uent to this rezonin re nested a q 9, q rezonin of the entire 34.86 acres of land g , ., IOWA CITY, JOHNSON COUPfTI; EOWA, the sub act ro e 1 P P rtY, • Owner and Applicant agree that development of the from Medium Dens'sty Single Family THE BOUNDARIES OF WHICH ARE subject property wiA conform to all other Residential {RS-8} and High Density ~ DESCRIBED AS FOLLOWS: ' requirements of the zoning and subdivi- Single Family Residential (R5.12) to , S PARCEL 2D031f10 , AUDfLOR lion ordinances, as well as the following Planned Development Overlay S (DPD-8} i ~ BEGINNING AT THE SOUTHEAST additional condtions: and Panned Development Oves4ay 12 CORNER OF SECTION 23, TOWNSHIP a} The Owner. and/or Applicant will be (OPD-12}, respectively; and 79 NORTH, RANGE 6 WEST OF THE responsible for extending Whispering WHEREAS, the Planning and Zoning 5TH P.M., CITY QF IOWA CITY, JOHN- Meadows Drive to the westem edge of CAmmisslon has the reviewed the ro- SON COUNTY, IOWA; THENCE the Sycamore Greenway in en alignment ed rezani sand determined teat, l a 58t1°33'Sg"W,ALONGTHE50UTH LINE determined by the CAy Engineer, and wt h a ro d a te conditions re ardin PP P 9 9 OF THE SOUTHEAST ONE~UARFER A DISTANCE OF OF SAID SECTION 23 , b) The Owner and/or. Applicant will be adequate sewndary access and street connectivity behveen neighborhoods and , 1318.71 FEET t0 THE 50t1THWE5T responsible for extending Blazing Star I prive across City-awned property as illus- aondiktons- addrassirtg approva4 of wet- CORNER OF THE SOUTHEAST ONE- DUARTER OF THE SOl1THEA57 ONE- ~ Crated on the plat in an alignment land mitigation, monitoring, and long term maintenance of wetlands created In com- QUARTER OF SAID SECTION 23; ' " approved by the City Engineer; and p) The City will reimburse the applicant pensation far wetlands disturbed during E, 1121.93 FEET THENCE N00°02 18 for ono-halt of the reasonable cost of ~ development at the property, She pro- TO. THE SOUTHWEST CORNER OF ~ LAKESIDE ADDITIONTO IOWA 0T 13 1 construction of the portion of Whispering posed zoning is in conformance with the ~ Comprehensive Plan and should be , . CITY, IOWA ACCORDING TO THE Meadows Drive that crosses the Sycamore Greenway and approved with said conditions; and RECORDED PLAt THEREOF OwnerlApplicant shall document said WHEREAS, taws Code §414.5 (2EI07) RECORDED3 IN PLAT BOOI(9 AT PAGE Cost prior io reimbursement; and provides that the City of Iowa City may 99 [N THE RECORDS OF THE JOHN- d) The City shall reimburse the applicant impose reasonable cond'Rlons on grand- ' 50N COUNTY RECORDER; THENCE ALONG tHE 50UTHERLY S89Q57'1B"E for the reasonable cost of the excess ng an applicant s rezoning request, over ' and above existing regutatkxvs, in order i , LINE OF SAID LAKESIDE ADDSTION TO pavement required to meet collector street standards aver that required for a to satisfy public needs directy caused by IOWA CITY, IOWA, 1175.00 FEET TO I 2$-foot wide focal street for the entire the requested Chang®: and THE NORTHWEST CORNER OF LOT i length of the extension of Whispering WHEREAS, the Owner and Applicant 174, WHISPERING MEADOWS SUBD!- Meadows Drive through the subject - VISION, PART TWO, TO IOWA CSTY, ~ ~ development and fo the westem edge of acknowledge and agree that certain con- IOWA ACCORDING TO THE RECORD- the Sycamore Greenway and ditions and restrictions are reasonable ED PLAT THEREOF, RECORDED IN OwnedApplicant shall document said and necessary to ensure the develop- PLAT BOOK 34 AT PAGE 99 IN SAID cost prior to reimbursement; and ment of the property is consistent with the tiEGORD4=R'S RECORDS; THENCE. eJ The Ciry shall reimburse the Owner ~ Comprehensive Plan, to provide for safe S00°02'42°W, ALONG A WESTERLY and/or Applicant Its share of the costs and adequate traffic circulatien between LINE OF SAID WHISPERING MEAD- outlined in (c} and (d) above within thirty neighborhoods, to ensure that streets are OWS SUBDIVISION, PART TWO, ' (30) days of the City's acceptance of the not overburdened with traffic, and to pre 18R'1, 127.90 FEET; THENCE NB9Q57 Constructed Whispering Meadows Arive vide for efticiant provision of public and ALONG A WESTERLY LINE OP SAID as a public improvement, provided the ' emergency services; and SUBDIVISION, 12.29 FEEL; THENCE ° ownedapplicartt has provided documen- WHEREAS, the Owner and Applicant W, ALONG A WESTERLY S00°02'42 tattoo of said cost; and acknowledge and agree that the LSNE OF SAID SUBDIVSSION, 293.50 n The Owner andlorApplicanl will make a increased development potential that wi[I FEET TO THE SOUTHWEST CORNER Bond faith effort to provide housing within result due to the requested up-zoning of OF LOT f 67 OF SAID SUBDIV15lON; the subject development that is aftord- the subject property along with the- pro- posed disturbance of a significant portion - - s - ~ THENCE S89 5Tt8'E, ALONG THE able to residents with incomes at ar of the sensitive features will make it nec- SOUTHERLY LINES OF SAID LOt 167 below the Iowa City area median income and specificatly use best efforts to .essary to construct off-site improve- menu namely the extension of AND LOTS 166, 165, 184, 163, 162AN0 PART OF LOT 161, A DISTANCE OF encourage non-profit groups in the busi- , Whispering Meadows {)rive, a collector 29$.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDI- ± oars of providing affordable housing to consider Whispering Meadows Part IV as street, across the abutting public proper- ty (sycamore Greenway} to provide nec• VIS10N; THENCE S00°02'42"W, ALONG a possible location for their projects. The essary secondary access to reNeve traftlc i A WESTERLY LINE OF SAID SUBDlVI- 50 FEET; THENCE 137 SION Owner and/or Applicant wit! not discrimi- +~~ against such groups and will act in a congestion on Lakes de Drive, a cxrilector street which would otherwise be over- . , N89°57'18'W, ALONG A WESTERLY reasonable manner when presented with , , burdened with traffic generated by the LINE OF SAID SUBDIVISION, 20.00 ° ' " affordable housing projects in this devel• vpment; and proposed development; and WHEREAS, the City acbcnnwledges the 92 42 W, ALONG A FEET; THENCE S00 WESTERLY LINE of SAID SUBDN4- 9) The City will provide for temporary importance of providing affordable bons- ing and in response to good faith efforts SIGN, 175.OD FEET; THENCE 505 44'59"E, ALONG A WESTERLY canstrtxtfon easements on city property to allow for the construction of on the part of the Owner and Applicant to LINE OF SAID SUBDIVI510N, 159.34 Whisperlrig Meadows Drive across the provide affordable housing, the City irsrds FEET TO THE SOUTHWEST CORNER OF LOT 750 OF SAID SUBDIVISION; Sycamore Greenway and for the exten- i1 reasonable to reimburse the developer for halt the cost of constructing the afgre• THENCE S16°40'29"W, ALONG A sion of Blazing Star Drive across City corned properly as illustrated on the plat. mentioned street connection across the WESTERLY LINE OF SAID SUBDIVI- THENCE 114 86 FEET SION Upon concurrence by the City Attgmey's Sycamore Greenway; and WHEREAS, the Owner and Applicant . ; , S01438'48"E, ALONG A WESTERLY Office, the Director at Public Works is hereby authorized to execute those acknowledge and agree that certain con- LINE OF SAID SUBDIVISION, 196.14 FEET TO THE 50UTliWEST CORNER agreements on behalf of the City: end ' ditions and restrictions are reasonable and necessary ko protect, mitigate, moot- OF LOT 147 OF SAID SUBDIVISION; ' ' h) The wetland mitigation plan must I>e approved by the Army Corps of tor, and maintain wetland areas Burin } g and after development of the subject W, 111.19 FEET TO O5 THENCE S88'21 THE POINT OF BEGINNING, CONTAIN- Engineers and all other applicable State l i t d 1 property; and ING34.86ACRE5AND15SUBJECTTO - eve or o any and Federal agencies pr opment activity art the subjec! property; EASEMENTS AND RESTRICTIONS OF and ' RECORD. - i} Copies of all site visit reports and annu- al monitoring reports submitted to the Army Corps of Engineers will be seM concurrently to the City; and j} The wetland mitigation site Witt be mon- ftored by a wetland specialist for a period of not less than 5 years and continuing until 85"~ of the lots abutting-Ehe wetlands ere developed and the other 15% of the lots abutting the wetlands era stabilized from erosion. Written reports by the wet- land specialist shall ba submitted to the City after every site visit end at leasE 3 site visits and reports shall occur per con- struction season, which for purposes of this agreement is defined as March 1 iv October 37. The Owner andlorApplicanl shall prompEly repair any noted damage tv the wetlands during the monitoring period; and k} Prior to final platting any portion of the subject property, the OwnerlApplicant shall submit a maintenance plan pre- pared by a wetland specialist and approved by the City that estimates main- tenance costs for the wetland areas and private open space within Outlots A and B, specifically details long term ma'snte- nance responsibilities, and describes generally to whom these responsibilkies will be assigned; and 4. The Owner, the Applicant, and Ehe City acknowledge and agree that the condi- tions captained herein are reasonable and necessary additonal conditions tv impose on the land under lvwa Code §414.5 (Zt>07}, and thaE said additional conditions are imposed to satisfy publio seeds chat are directly caused by the requested zoning change, 5. The Owner, the Applicant, and the City acknowledge and agree that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevel- opment will conform to the terms of this Conditional Zoning Agreemenf. s. The parties acknowledge and agree that this Cvndftional Zoning Agreement shall be deemed to be a covenant run• Wing with the land and with title to the land, and shall remain in full force end effect as a vvvenanE with title to the land, unless yr until released of record by the City of ivwa Gdy. The parties further acknowledge that this agreement shall inure to the benefit of and bind all suc• censors, representathres, and assigns of the parties. 7. The Owner and Applicant acknowledge and agree that nothing in this Conditional Zoning Agreement shalt be construed to ra[ieve the Owner or Applicant from cvm- p[ying wish all other applicable local, state, and federal regulations. 8. The parties acknowledge and agree Ehat this Conditional Zoning Agreement shall be incorporated by reference into 1fie ordinance rezoning the subject prop- erty, and that upon adoption and publica- tion of the ordinance, this agreement shall be retarded in the Johnson County Recorder's Office at tho Applicant's expense. Dated this 24th day of July, 2007 CITY OF 1DWA CITY s/Ross Wilburn Mayor Attest: slMarian K. f(arr. City Clerk BARKER OEVEt.OPMENTCOMPANY By: sJRobert Barker MBHG INVESTMENT COMPANY, INC. By: sJSteve Gordon 76735 August 29, 2007 Q~ 3~3. f ~ i ~~ ®f~J~ ,~t r'r~lli~~~ ~ ~ ~~~~Il CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-50fl0 (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. 07-4275 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2007. Dated at Iowa City, Iowa, this 11th day of September, 2\0`07. y ~ Ju paril Deputy Clerk Printer's Fee $~~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, 2~os ' l<a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ilme(5}, On the fol wing dates}: J ~~~ Legal Clerk Subscribed and sworn to before me this ~ 1 ~ - day of A.D.20~_. otary Public ~~~~ ~~ .F"~ ~ e ~ COM ~~ ExP~ 9 $ IBS a. Y 27, 20D8 j: OFFICIAL PUBLICATION ORDINANCE N0.07-4275 ' AN ORDINANCE REZONING APPROx- IMATELY 2.35 ACRES OF PROPERTY LOCATED AT 802 S. CLINTON STREET FROM INTENSIVE COMMERCIAL (CI- 1)TONE TONEIGHBORHOOD PUBLIC (P-i) ZONE. (REZ07-00009) WHEREAS, the applicant, Johnson County, has requested a rezoning of property located at 802 South Clinton Street from Intensive Commeroial (CI-t) to Neighborhood Public (P-i); and WHEREAS, the Icwa City Zoning Code requires that ail pubilCly owned land be zoned public; and WHEREAS, the applicant's proposed use of said property for office space is compatible witty surrounding land uses; and WHEREAS, the Planning and•Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the lowa City Gity Counal concurs with the recommendations of the ' Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Neighborhood Public {P-1) is hereby approved: The city black tying adjacent to and east of South Clinton Street, adjacent to and west of South Dubuque Street, and adja- cent to and north of Benton Street, more particularly described as: Block 27, plat of an Addition of lots to Iowa City, as laid off as the Ccunty Seal of Johnson County, laid o!f by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, Page 301, Deed Records of Johnson County, Iowa, including all of Lots 1 through 8 vt said block 27 and the Vacated Alley described in Book 4059, Page 585 of the Records at the Johnson County Recorder. SECTION II. ZONING MAP. The build- ing official is hereby authorized and directed to change the zoning map of.the City al fovea City, Iowa, to conform to this amendment upon the final passage, approve[ and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AN6 RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder,' Johnson County, Iowa, at the Owner's expense, upon the final passage, approval end publication o1 this ordi- nance, as provided try law. ' SECTION IV. REPEALER. All ordi- nances and parts of ordinances In conflict with the provi-signs of this Ordinance are hereby repealed. SECTION_V._ SEVERABIt_1TY IE a_ny_ section, provl-sion or part of tfie 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 imafid ar unconsti-tutional. SECTION VI, EFFECTIVE.DATE. This prdi-Hance shall be in effect after its final passage, approv-al and putrlicaticn, as provided by law. Passed and approved this 21st day of August, 2007. - sJRos5 Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 76736 August 29, 2007 a r ~1.:.®~~ ~~ll~"~ ~ ,~ ,~~~.~ C[TY O~ IOWA CITY 41o East Washingran Street Iowa City, lows 52240-182b (3E9] 35b-5000 (3f9) 35b-5009 FAX wwwacgov.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. 07-4276 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of August, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on August 29, 2007. Dated at Iowa City, Iowa, this 11th day of September, 2007. \~ Jull oparil Deputy City Clerk Printer's Fee $- ~~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~` Diana Becic a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper tune(s), on the following dates}: 2-~ ,`~c__~~ U Legal Clerk Subscribed and sworn to before me this l day of A.D. Z0~ ~ UTA3~A ~~n Carrtm Ir 732619 4ly Qortnrtfsslon Etq~ir~ .1mn+arr 27, 2008 ORDINANCE N0.07-4276 AN OROINANCE VACATING A POR- TION OF COURT STREET RIGNT-0F- VifAY BETVNEEN Ck1NTON STREET . ANb CAPITOL STREET. (VAC07- ot1003) WHEREAS, the applicant, Jeff Clark, J has requested a vacation of a portion of Iha Court Street right-of•way; and WHEREAS, the Planning and Zoning Commission has found that the portion of Court Street in question serves no public purpose, other than for underground util- j sties, and is not likely to do sv in the -future; and Wi4ERERS; the Planning and Zoning Commission has recommended approval of the requested vacation, subject to retention of a utility easement; and ' WHEREAS; the Jowa City City Council concurs with the recommendations of the Planning and Zoning Commission- NOW, THEREFORE, BE lT ORDAINED ' BY THE CITY COUNCIL OF THE CITY ' OF IOWA CITY, IOWA: SECTION I. The property described below Is hereby vacated by the City of Iowa City, subject to retention of a utility easement: Beginning at the Southwest comer of Lot 4, Block 101 of the Original Town of Iowa City according to plat thereof, recorded in Plat Book 1 at page 11fi in the records of the Johnson County Recorder, thence NI33°13'2tYE, along the South line of said Btocx tot, a distance of 50.01 fear; 1 thence 5110°47'25"E, 3.13 feet; thence S89°13'201N, 50.01 feat; thence fV00'W4'S7"W, 3.i3 feet to the point of ' beginning, containing 0.004 acre (156 square feet) and 1s subject to easements and restrictions of record. j SECTfOfv lf. REPEALER. Aff ordi- nances and parts of ordinances in con- ~ flict with the provisions of this Ordinance are hereby repealed. SECTION tN. SEVERAI3lLfTY. tf any section, provision or part of the Ordinanco shall be adjudged to be invalid or unconstitutional, such adjudication ` stsaff not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid yr unconstitutional. SEC7.tON fV. EFFECTfVE DATE, This Ordina.aca shall be in effect after its final passage, approval and publication, as ' provides] b1+ law. - Passed and approved Lhis 21st day of August, 2007. sJRoss VYilbum, MEayor Attest: slhilarian K. Karr, City Clerk ~ 7fi737 August 29, 2007 { 1 ~ i ~f~~r~~ ..IA~ ~ ~- ~®~~~ CITY OF jOWA CITY 410 East Washington Street Iowa City, Iowa 52240-182b [319) 35b-5000 (319) 356-5009 EAX www.icgov.vrg 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. 07-4277 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2007. Dated at Iowa City, Iowa, this 9th day of October, 2007. ~~ . . Voparil Deputy City Clerk Printer's Fee $ 0 CERTIFICATE QF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-033Q570 ~ I, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attac~ed, was published in said paper times}, on the o lowing date(~s,~ Legal Clerl~ Subscribed and sworn to before me this ~-I`~~` day f r-=,- _ Public do .t9' •S, ~i ~p~ar 732819 - .Y~ ~yCotnmExpcr~es o- .t2utuary 27, 2006 OFFIGIAE. PUBLICATION ORDINANCE N0.07.4277 AN ORDINANCE COND1TlONALLY l REZONING APPROXIMATELY 14 ACRES OF LAND FROM COUNTY AES- i IDENTIAL {R} TO LOW DENSITY SIN- GLE FAMELY.RESiDENTIAL (RS-5} AND APPAOXIMATELY 1.89 ACRES OF LAND FROM COUNTY RESIDENTIAL (R} TO NEIGHBORHOOD PUBLIC (P-1) ~ LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROAOMOOR LANE (REZ07- aoolo) WHEREAS, the applicant, 5t. Patrick Church of Iowa City, has request- ed arezoning at property located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lana from County Residential (R) to Low Density Single Family Residential (RS-5); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for a residential neigh- ' boyhood with a mix of housing types; and WHEREAS, the Iowa City zoning laws acknowledge that iha low density single family residential zone is intended to allow opportunities far certain nonresidential uses, such as schools aad religious institutions, that contribute to the livability of residential neighborhoods; and WHEREAS, tfie Planning and Zoning Commission has reviewed the proposed rezoning and determined that It complies with the Comprehensive Plan, provided that it meets certain conditions addressing the need within residential neighborhoods for a street network that provides for appropriate traffic circulation, efficient provision of public and emer- gency services, and ensures public access to shared open space; and WHEREAS, Iowa Code §414.5 {2007) provides that the City of fovea City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regula- tions, in order to satisfy public needs and h< caused by the requested change; WHEREAS, the owner and applicant have agreed chat the prapert}r shall be developed in accordance with the terms and conditions of the ConditionaE Zoning Agreement attached hereto io ensure appropriate development in this area of the city; and WHEREAS, to iuriher the goals and objectives of the Comprehensive Plan, the City of Iowa City has acquired property for future use as a public square along Lower West Branch Road north of Brentwood Drive and Broadmoor Lane; and WHEREAS, property owned by the City and intended for public use should be zoned Neighborhood Public to carve as notice to surrounding property owners chat the subject property Is intended for public purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Subject io the Conditional Zoning Agreement attached hereto and Incorpo- rated herein, property described below is , hereby reclassified from its current zoning designation of County Residential (R} to Low Density Single Family Residential (RS-5}: LEGAL DESCRIPTION A PART OF THE SOUTHWEST 1!4 OF , THE NORTHEAST 1!4 OF SECTION 7, TOWNSHIP 78 NORTH, RANGE 5 ' WEST OF THE 5TH P.M., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST; THENCE N 1X1°20'48" W ALONG THE WEST LINE DF THE NORTHEAST 1!4 OF SAID SECTION 7, A DISTANCE OF 33.00 FEET TO A POINT ON THE PRESENT NORTH 33 FOOT RIGHT OF WAY LINE FOR ~J. ~~3 LOWER WEST BRANCH ROAD SE AND THE POINT OF BEGWNING; THENCE CONTINUING N 00°20'48" W ALONG SAID WEST LINE, A DISTANCE OF 127&.72 FEEL' TO THE NORTHWEST CORNER OF THE SOUTHWEST 1!4 OF THE NORTHEAST i!4 OF SAID SEG- TiON 7; THENCE N 89°50'44" E ALONG THE NORTH LINE OF THE SOUTH 112 OF THE NORTHEAST 114 OF SAID SECTION 7, A DISTANCE OF 532.19 FEET; THENCE 500°01'04" W, A DIS- TANCE OF 1278.29 FEET TO A POINT ON SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N 89°58'56" W ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 54.48 FEET; THENCE NORTHWESTERLY 37.74 FEET ALONG THE ARC OF A 24,00 FOOT RADIU5 CURVE, CONCAVE NORTHEASTEflLY, WH05E 33.94 FOOT CHORD BEARS N ' 44°59'19" W; THENCE N 00°Oi'04" E, A DISTANCE OF 180.02 FEET; TNEPICE N 89°58'56" W, A DISTANCE OF 317.00 FEET; THENCE S 00°01'04' W, A DIS- TANCE OF 180.02 FEET; THENCE SOUTHWESTERLY 37.70 FEET ALONG THE ARC OF A 24.00 F007 RADIUS CURVE, CONCAVE I+iORTHWESTERLY, WHOSE 33.94 FOOT CHORD BEARS 5 45°01`04" W TO A POINT ON SAID PRE- SENT NORTH 33 FOOT RIGHT OF WAY LINE; THENCE N89°58'56"W ALONG SAID PRESENT NORTH 33 FOOT RIGHT OF WAY LINE, A DISTANCE OF 104.60 FEET TO THE POINT OF BEGIN- NING CONTAINING 14.00 ACRES MORE OR LES5 2. The property described below is here- by reclassified from its current zoning ' designation of County Residentlal (R) to ' Neighborhood Public {P-1}: LEGAL DESCRIPTION AUDfTORS PARCEL 2007075 IS THAT PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, i RANGE 5 WEST OF THE 5TH P.M., ~ JOHNSON COUNTY, IOWA, bESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 7; THENCE NORTH 89° E 38' 15" EAST 182.38 FEET ALONG THE SOUTH L1NE OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING; THENCE NORTH 00° 21' 45" WEST 167,02 FEET TO THE BEGINNING OF A 16.OD F00T ', RADIUS CURVE CONCAVE SOUTH- ~ EASTERLY; THENCE NORTHEASTER- I LY THROUGH A CENTRAL ANGLE OF ~ 9D° 00' 00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING NORTH 44° ~ 38' 15" EAST 22,63 FEET}; THENCE i NORTH 89° 38' 15" EAST 177,00 FEET TO THE BEGINNING OF A 18.00 FOOT RADIUS CURVE CONCAVE SOUTH- WESTERLY; THENCE 50UTHEASTER- LY THROUGH A CENTRAL ANGLE OF 80°00'00" AN ARC DISTANCE OF 25.13 FEET (CHORD BEARING SOUTH 45° V 21' 45' EAST 22.63 FEET}; THENCE ~ SOUTH 00° 21' 45" EAST 167.02 FEET TO THE SOUTH LINE OF 7HE NORTH- EAST QUARTER OF SAID SECTION 7; THENCE SOUTH 89° 38' 15" WEST 209.00 FEET TO THE POINT OF BEGIN- NING, CONTAINING 38,140 SQUARE FEET OR 0.88 ACRES. FOR THE PURPOSE OF THIS j DESCRIPTION, THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID ~ SECTION 7 [S ASSUMED TO BEAR ~ NORTH 89° 38' 15' EAST ' SECTION ll. ZONING MAP. The building official is hereby authorized I and directed io change the zoning map of the Gity of Iowa City, Iowa, to conform to this amendmen3 upon the final passage, approval and publication of the ordinance as approved b1r law. TION 111. CONDTIONAL SEC I rWFiERFJIS, Iowa Gods §414.5 (2007} 1 I ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, provides that the City of Iowa City may impose reasonable conditions on granting I __ _ et l s l s @o l ~ I and the City Clark attest, the Conditional an applicant's rezoning request, over and ~ th oflowin we I e nces, as s n ordina g Zoning Agraemem between the properly e assa ll i f above existing regulations, in order to sob ublic needs directly caused by the ~ ill additional conditions; a) The Owner andlar Applicant will dedi- g ow ng p o owner(sj and the City, and approval of this Ordinance. ~ y p requested change; and sate to the City, wthout remuneration t i t l SECTION !V. CERTlF1CA- WHEREAS, the Owner and Applicant assoc a - from the City, the land and gren for two 60- asements ed constntcctiota { TION AN6 RECORDING. Upon passage I and approval of iha Ordinance, the City E i acfatowladge and agree that certain con- ~. ditions and restrictions are reasonable , e foot wide "putNic rights=of-way for future Clerk is hereby authorized and directed to certify a copy of this ordinance and con- ~pnd necessary to ensure that the Bevel- opment of the Property is consistent with street connections to the northeast and northwest comers of the public square d i 90 ditional zoning agreement, and record the ` the Comprehensive Plan, to ensure that i n with along Lower West Branch Roa days of approval of the annexation and same in the Office of the Gounty ~ Iowa, at the Johnson County Recorder the proposed large institutional use Is ~ adequately integrated into future sur- , rezoning of said property in alignments as , , Owners expanse, upon the final passage. approval and publication of this ordinance ,rounding residentla! neighbofiooda, to prnvida for safe and adequate traffic sir- ' determined by the City Engineer; and ~ b} If the Applicant or any successor in b h f h and conditional zoning agreement, as ` culativn .to and around the subject to provide for efficient provision '~ Property at o t e ~ Interest develops one or 'parcels of land abutting the east or west provided by law. ' SECTION V. REPEALER. W1 , ~ of public and emergency services, and to ~ ' ` 'sides of the public square, and the con- Hector roads leading to the northeast ardlnances and parts of ordinances in ensure that public use of shared pvbl~ (and/or northwest corners of the public conflict with the provisions of this Ordinance are hereby repealed. ~ open space, specifically the public square ~ ~ along Lower West Branch Road, Is not ' square have not yet been constructed, SECTION VI. SEVERABILI- provision or part of the If any section TY ~ impeded; and I WHEREAS,1o satisfy public needs direct- the Applicant or successor in interest will be responsible for constructing the rele- , . Ordinance shall be adjudged to be invalid ly caused by the requested rezoning, the ` want street cannectien(s} upon the dedi- sated right{s)~f-way; and or unconstitutional, such adjudication shall not affect the validity of the ~ Owner and Applicant agree to develop ;the Property in accordance with the terms ~ c} At such time as the Property is devel- Ordlnance as a whole or any section, pro- t and conditions of this Conditional Zoning ~ aped the Applicant agrees fo construct en &toot wide sidewalk that extends gen- vision ar part thereof not adjudged imralld l or unconstitutional. AgreemenE. NOW, THEREFORE, in consideration of ere[ly east to west atro55 the central pvr- SECTION VII. EFFEGTIVE ii 1 the mutual promises contained herein, • I y Ilion of the Property and agrees to grant a i public access easement over said side- DATE. This Ordi-Hance shall be in effect approv-al and pub- E a[ter its final passage 1 the parties agree as follows: walk. The Applicant and the City agree , iication, as provided by law. ~ Passed and approved this 4th 1. Re!]im Farms, L.L.C. is the IegaE title i holder of the Properly legally described ~ that the location of this sidewalK will be determined through the special exception day of September, 2007. ~ slRoss Wilburn i as foltrnnrs: 'Apart of the Southwest 1!4 of the ~ approval process far a religiousrprivale ,group assembly use, taking into aoceunt , Mayor ~ Northeast 114 of Section 7, Township 79 'the topography, public aceessibility, and lk i t th it f h id Attest: s/Marian K. Karr, City ' I North, Range 5 West of the 5th P,M., and n o e s e t ewa integration o e s Clerk being more particularly described as fol- I lows: plan; and dj The Owner and/or Applicant will dedi- CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the Commencing at the Center of Section 7, cate to the C' without remuneration dy. City of Iowa City, Iowa, a municipal car- poretivn {hereinafter 'City"}, and Rellim ~ ;Township 78 North, Range 5 West; thence N 00°20'48" W along the West line from the City, the land and grant assaciat- ed constniction easements for a 60-foot f f t t t Farms, L.L.C. {hereinafter 'Owner"}. and h - it of the Northeast 114 of said Section 7, a 06 feet to a point on the ~ distance of 33 u ure s ree or a wide public right•of-way that will extend across the narthem pvr- ere y ( St. Patrick Church of Iowa C inaftar "Applicant'; ? . ~ present North 33 toot right of way 1[ne for ~ Ilion of the Property within 90 days of WHEREAS, Owner rs the legak title hold- er of approximately 14 acres of property ,Laver West Branch Aoad SE and the i ~ point of beginning; thence continuing N approval of the annexation and rezoning of said property in en alignment to be located north of Lower West Branch Brentwood Drive, and Broadmoor Road 00°20'48" W along said West line, a die- fence of 1278.72 feet to the Northwest ~ determined by the City Engineer; and e) At such time as this northern street is , Lane (hereinafter `Property"); and corner of the Southwest 114 of the constructed, the Applicant agrees to con- WHEREAS, apublic square is being corn strutted' adjacent to this property along I Northeast 1!4 of said Section 7; thence N 189°50'44" E along the North line of the strut[ an access drimre from the developed portion of the Applicant's property to this Lower West Brandt Road between Brentwood Drive and eroadmoor Lane; ~ south 112 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; northerly street so that users of the Applicant's property have direct access to and this Property will surround WHEREAS i therxe S 00°01'04" W, a distance of ~ 1278.29 feet to a point on said present this street. f} Ii, for whatever reason, the Properly is , three sides of the public square; and with the nt A li i North 33 foot right of way line; thence N I fig°58'56" W along said present North 33 not developed as an Institutional use and Is Instead proposed for residential devel- , pp ca WHEREAS, the OwneY's participation and consent, has r foot right of way line, a distahce of 54.48 t 76 f l 37 ;opment, provisions c} and e) of this agreement will become null and void and requested annexation and subsequent rezoning at this Property hem County ee ~ feet; thence Northwester y . r along the arc of a 24.00 foot radius curve, any proposed residential development ' Residential (R) to Low Density Single i concave Northeasterty, whose 33.94 foot s will be required to comply with the City E Family Residential (RS-5) with the inters- li ' i chord bears N 44°59'19' W; thence N 02 feel; a distance of 186 fx1°01'04' E adopted Comprehensive Ptan, more specificapy the Northeast District Plan, - lion of developing the property as a re giouslprivate group assembly use; and . , r ~ thence N 89°58'58' W, a distance of and all applicable subdivision and zoning i l di d i 317.06 feet; thence S 00°01'04' W, a die- nc u ng standards an requ rements, ' WHEREAS, this large institutional use will se traffic through the surrounding ! I ~ Lance of 180.62 feet; thence ~ Southwesterly 37.70 feet along the arc of + construction of necessary infrastructure ~ .for said development. ncrea neighborhoods, particularly before and I ! a 24.06 foot radius. curve, concave whose 33.94 foot chord Northwesterly ~ 4. The .Owner, Applicant, and City acknowledge end agree that the con- after church services; and WHEAEAS, this Chan a in use and g , ~ hears 5 45°01'04" W to a point on said rth 33 foot ri ht of line; ~ ~ • t N ~'a ditions Contained herein are reasonable I and necessary additional vonditions to rezoning of the large parcel of property creates potential impediments tv vehicu- resen o Y p 9 'thence N89°58'S8'W along said present i Impose vn the land under Iowa Code tar and pedestrian access to the publio North 33 foot right of way line, a distance 60 feet to the paint of beginning of 104 14 5 206 ,and that said additional I §4 ( ~ condtions are imposed to satisfy public square and nearby neighbvfiovds, as they continue to be davretoped; and . containing 14.06 acres mare or less. ~ needs that are direMly caused by the WHEREAS, the Planning and Zoning Commission has re+iiewed the proposed ', 2. The Owner and Applicant acknowledge and agree that, as a component of the requested zoning change. 1 5. The Owner, Applicant, and ' rezoning and determined that, with appropriate conditions for the provision of ~ requested rezoning, the City wishes to ensure conformance wRh the principles of ~ City acknowledge end agree thaE in the event the subject Property is transferred, d ll d adequate secondary access and pedes- ublio the the Comprehensive Plan, provide for safe and adequate traffic circulation within ~ , a re e- sold, redeveloped or subdivide velopmenl and subdivision will conform to I p , man connectivity among the institution and surrounding neighborhoods and ensure public access 'the terms of this Conditional Zoning ~ square, neighborhoods to ensure that this large institutional property is adequately Inte- to shared open space. Further, the par- ties acknowledge and agree that Iowa ~ Agreement. • 8. The parties acknowledge and agree ' grated Into .future residential-neighbor- and io facilitate the dispersal of hoods ,Code §414.5 (2007) provides that the City of Iowa City may impose reasonable con- Alonal Zoning Agreement that this Cond shall be deemed to be a covenant running , traffic and provide for safe and efficient ditians on granting an applicant's razors- with the land and with title to the land, and provision of publio and emergency servic- I the proposed zoning is in confer- es ing request, over and above the existing regulations, in order to satisfy publio shall remain in full force and effect, unless , or until released of record by the City of , manta with the Comprehensive Plan and needs directly caused by the requested ~ tows City. The parties further admowl- shoukf ~ ~ with eatd oor~ditions; ~ zoning. 3. In consideration of the City's rezoning .edge that this agreement shall inure to ~ the benefrl of arxf bind ail successors, ~ " - - the subject Property, Owner and representatives, and assigns of the par- ~ Applicant agree that development of the I 'ties. ~ - ~ubjeCt property wilt conform to all other _ ~~ , 7. The Owner and Applicant acknowledge ztnd agree that nothing in this Condilional Zoning Agreement steal] be wnstrued to t relieve the Owner or Applicant from com- plying with aii other applicable local, ~ state, and federal regulations. 8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by raferanco into the ordinance rezoning the subject 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 4th day of September, 2D07, GITY OF IOWA GITY slRoss Wilburn, Mayor Attest: sJNtarian K. Karr, City Clerk Relfim Farms, i.L.C. By: slHenrietta 8. Miller . St. Patrick Church of Iowa City s/Rudolph T Juarez slFrederick A. Schieber 176411. September 12, 20D7 1 i I ! Q~ 3~3 + r ~~~~~~ *~ ,,~~~~'~ CITY OF IOWA CITY 410 East Washington Street lawa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA } } SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4278 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2007, all as the same appears of record in my office and published in the laws City Press-Citizen on September 12, 2007. Dated at Iowa City, laws, this 9th day of October, 2007. 1~v Julie oparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # ~LZ-0330670 • ~ ~ ,being duly sworn, say that Y 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 I flowing date(s): ~, 2 ~c~c~`'I L Legal Clerk Subscribed and sworn to before me this day o - ' A.D.20 J` _• - ~ - ----- r atary--Public urn ~oTZ ~`-.° ~On Hutttber 7x281!3 ~Y C.ar:lrtttsstan Expires .tetnuary 27, 2008 OFFICIAL PUBLICATION i ORDINANCE N0.07-4278 , ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, EHTITLEL~ `USE OF i PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMER- l COAL USE OF StOEV+fALKS," S7=CTION 3, ENTITLED "USE FOR SIDEWALK CAFES,' TO ALLOW FENCING TO RE=MAIN YEAR ROUND ON CAFES LOCATED ON CONCRETE PLAT- ' FORMSANDTOGLARIFYTHATCAFES ~ MAY BE LOCATED ON PUBLIC RIGIi~ OF-WAY. ~ WHEREAS, sidewalk cafies are a use of public right-of-way that require a tempo• rary easement, and the right-ol-way int:ludes sidewalks; WHEREAS, section 10-3-3A of the City , Code provides that sidewalk cafes are ponnitSed in public right-ot way, Including ' city plaza, but section 10-3-1 defines sidewalk cafes a5 an area located on a suta+aalk; WHEREAS, the definition of sidewalk ti -catA should be clarffied to provide that } cafes may be located on r"sght-0i-way that is a sidewalk and on right-of-way that is not a sidewalk; WHEREAS, the pubkc works director } j should have the discretion to approve a . eatb located on a concrete platform on } right-af-way that is not sidewalk; WHEREAS, section 10-3-3 of the City Code provides (fiat anchored lancing ' should be taken down between December 1 to February 28, but that ' requirement shouki oat apply si the caf6 is located on a concrete platform; and WHEREAS, it is in the City's Interest adopt this amendment. NOW, THEREFORE, 8E f>' ORDAINED 8Y THE CITY COUNCIL OF THE CITY } of clTy. Ira , ' SECTION I. AMENDMENTS. t. Title 1p, erditled "Use of Puhllc Ways and Property," Chapter 3, enfltted ~ 'Commercial Use of Sidewalks,' Section ~ 1, antltlad "OeSinitions," is hereby amend- ed by deleting the definition of "sidewalk 4 ' caf6" and inserting the new delinitian in i 4ieu thereof: Sidewalk Gaff: An outdoor area located temporarily on public right- ! of-way contiguous with any Side of } a building wherein a restaurant is located and where food and beverages are taken far ooitsum¢tfon by persons sittksg or standing at tables in that area. } 1~_-_ Permitted "sidewalk cafes" must abide by the requirements and limitations } as determined by the city council. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled 'Commercial Usa of Sidewalks," Section 3, entitled "Usa for Sidewalk Caf+3s," ., Subsection 8, entitled 'Usatr4e Sidewalk ' Gafd Area," is hereby amended by delet- ~ ing Paragraph 3b in its entirety and insert- ing in lieu thereof iha following new Paragraph 3b; Anchored fencing on public I right-of-way is subject to the a¢provaE ntl the director of public worsts, ar ' designao. it stared outdoors, tables,! chairs, and other items steal! be secured( withiP the anchored fencing at the end' at each day's nperalfon so that they are ~ unusable and shall not block or obstruct emergency exits. The owner shall t>e responsible Sol any damages to the public right-ci-way caused by the placement of any anchored fencing, A deposit shall be required ¢riar to ttte placement of arty anchored fencing on a public right of way and shall be returned when the right~i-way is restored to i t s prior condition. The amount v1 the deposit shall be set by resolution ofi the city coun- cil. -- ' 3. TIUe 10, entited "Use of Public Ways and Property," ~ Chapter 3, entitled "Commercal Use of Sidewalks,` Season 3, entitled "Use for Sidewalk Cafds," Subsection 8, entitled "Usable Sidewalk Cafd Area," is hereby amended by adding the following new Paragraph 6: Sidewalk cases may be located on a plat- form on top of a public sidewalk 'rf the director of public works or designee determines these is excossrve s3opa in ~e sidewalk and approves the design end it suitable atxes9 is provided for parsons •. with disabilities, Sidewalk rates may be ' located on a concrete platform in-the-' light of way that is not a public sidewalk if the director of public walks or designee ~ determines if the director of public works ar designee approves the concrete design and 'rf suitable access is pmvidad I ~ for persons with disabilities. Fencing shall not be more than three feet [37 in height, measured from the plane on which the chair sits to the top of the railing, exGUd-~ ing finials. Notwithstanding section 1 t}3• 383, anchored fencing on a concrete plat-; ?form may remain year round. SECTSON if. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance era hereby repealed. .SECTION ill. PENALTIES FOR VIOLATION. The violation of any prmvision of this nrd"seance is a srsurticipal iniractlon or a simple misdemeanor SECTION 1V. SEVERABILI- TY. li any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudications shall not affect the validity of that Ordinance as a whole or any section, pre vision w part thereof not adjudged lnvatid' or unconstitutional. SECTION V. EFFECTIVE GATE. This Ordinance shall be in etfea attar its final passage, approval and pub- lication, as provided by law. Passed and approved this 4th day of September, 2007. slRoss Wilburn, Mayor Attest: s/Marian K, Kerr, City Clerk 76412 ~ September 12, 2007 ~~ ~ ~ r . ~~:.®~~ ,~~ ~IIE C[TY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-182b {319] 356-5000 (314) 355-5009 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. 07-4279 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of September, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 12, 2007. Dated at Iowa City, Iowa, this 9th day of October, 2007. ~, 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-U33U674 Diana Beci~ka, 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 times}, on the lowing dates}: ~~ Legal Clerk Subscribed and sworn to before th15 day A.D.20 v `' otary Public ,.* r,, LI{IS~ ~RD7~ ;~ ~;, C~vmmn ~.rrnber 73~6~ 9 ~Y ~Ommis~on Expires ,~mwmly x~r, 2aaa OFFICIAL PUBL1CATiON oRDINANCE ND. o7-a~~s ORDINANCE AMENDING TITLE tB DF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES," ARTIC:tE G, ENTI- TLED "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO DELETE THE E](EMPTiON FOR CDN- CRETE TRUCK WASH OUT. WHEREAS, federal law and the City's natiana! pollutant discharge elimination system [NPDES] general permit require that the City adopt an illicit discharge ordi- nance, which the City did in Ordinance Na. i75-415A, to operate and maintain its ~~ storm water infrastructure and to other- wise protect the waters of the Iowa River and the six major creeks; WHEREAS, the City's NPDES general permit does not allow concrete truck wash out to be discharged, and 40 C.F.R. 122.34[b][4]{ii] requires that the City can- irol concrete truck wash out; WHEREAS, Ordinance No. fl5~154, cod- ified at City Code t4-3G-rt1, includes an exemption for the discharge of concrete , truck wash out that should tae deleted; , and WHEREAS, it is in the City's interest . adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY D1= CITY, IOWA: SECTION ~. AMENDMENTS. ~ Title t l3, entitled "Public Works," Chapter 3, entitled "City Utilities," Article G, ~nti- - fled "Storm Water Co[lectian, Discharge, and Runoff," Article G, entitled, "Storm ', Wafer Coflection Discharge and Runatf," ' Section t f , entitled "111icit Discharge and Connection," Paragraph Gia is hereby ~ amendeii try deleting "concrete truck wash out." SECTION I!. REPEALER. Ali ordinances and parts of ard'snances in conflict with the provision of this ~ Ordinance are hereby repealed. 51=CTlON II1. PENALTIES FDR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABiLI- { TY. 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 a5 a whole ar any section, pro- vision or part thereof not adyudged invalid ~ or unconstitutional. ' SECTION V_ EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approve! and pub- licatian, as provided by law. Passed and approved this 4th day of September, 2007. slRass .Wilburn, i Mayor Attest: slMarian K. (Carr, City Clerk 7fi413 September 12, 2007 ,. v..-. . _ .~.. _ _ , _ ,_ ~ ~ 1 ~~~~~i~ ~ CITY OF IOWA C[TY ~ 410 East Washington Street lawa City, lows 52240-1826 (319) 356-5bb0 (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. 07-4280 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of September, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 2E, 2007. Dated at Iowa City, Iowa, this 9th day of October, 2007. `\ ` U Julie paril v Deputy Cl Clerk Printer's Fee $ CERTIFICATE OF PUBLICATIQN STATE 4F IOWA, J~HNSUN COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # ~2-0330670 I, . ,being duly sworn, say that i am the legal clerk of the IUWA CITY PRE55-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _ times}, on the f owing dot }: { Legal Clerk Subscribed and sworn to before me ' I this day o '~I A.D. 20 - -- Notary Public ~~ ~. ~ ~'~'+orl l~t~r 7~$'i 9 I~Ay C~ort7m~lan Eagplres ocr y ~~ ^cDD8 - -- -- OFFICIAL PU9LICATION ORDINANCE N0.07-8284 AN ORDfNANCE VACATING CURT STREET WEST OF MADISON STREET AND FRONT STREfiET SOUTH OF BURLINGTON STREET ~VACDT-0OOD4). WHEREAS, the applicant, The University of Iowa, has requested a vacation of Court Street west of Madison Street and Front Street south of Burlington Street. WHEREAS, the Planning and Zoning Commission has found lhat the portions of Court Street and Front Street in ques- tion serve no public purpose, other than for underground utilities, and are not like- ly to do so in #ha fu#ure; and WHEREAS; the Planning and Zoning Commission has recommended approval of the requested vacation, subject to retention of any necessary. utility ease- ments; and WHEREAS; the Iowa City City Coancil ` concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, $E IT ORDAINED BY THE CITY CDUNGIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention of utility easements: That part of Front Street tying South of the Southerly right-of-way line of Burlington Street and North of the Northerly right-af- way line'af Harrison Sireet, located in Iowa City, Johnson County, Iowa except that part previously vacated as shown en the plat of survey recorded in Plat Book 42, Page 113 at the Johnson County Recorder's Office and containing fi0,471 square feet more or less. And That part of Court Street lying West of the Westerly right-of-way line of Madison Street and East of the Easterly right-o#- way line of Front Street, located in Iowa City, Johnson County, Iowa and contain- ing 25,fi04 square feet mare ar less, SECT[ON II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVEI~ABILiTY. ff any section, provision ar part of the Ordinance chalk tle adjudged to be invalid or unean- stitutionaf, such adjudication shall not affect the validity of the Ordinance as a whale or any section, provision or part ~ thereof not adjudged invalid or unconsti- tutionaf. SECTION IV, EFFECTIVE DATE. This Ordinance steal! be in effect after its final ~ passage, approval and publication, as provided by law. Passed and approved this 18th day of September, 2407. slRoss Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 744fi4 September 26, 2407 i ~ i .,. ~- = ~~.r.®~ ,#t ~III~ CITY OF IOWA CITY 410 East Washingron Street Iowa City, Iowa 52240-182b (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. 07-4289 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of September, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2007. Dated at Iowa City, Iowa, this 9th day of October, 2007. Juli paril Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 4~-4334674 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 a tacked, paper was published in said tilrne(s}, on the awing d }; Legal Clerk Subscribed and sworn to before me this ~~~' day A.D. 20 vtar P~Iblic . ~ Comml~3on Murnl~er 732619 • ~ M,y Cvrnrrtlsstvn Expires OFFICIAL PllBtiCATION QRpINANCE ND. D7-4281 AN ORDINANCE VACATING 10z FEET ~F T>{E 20-F~~T WIDE NORYH- St3UTH ALLEY RIGHT-0F•WAY LacaTl=n IN BLac~c taz souTH of BURLINGTON STREET AND EAST OF CLINTgN STREET [VACA7-00005J. WHEREAS, the applicant, Hieronymus Square Associates, has requested the vacation of a portion of the north-south alley in Block 102 located south of Burlington Street and east of Clinton Street; and i WHEREAS, a public access easement will be retained to aiinw vehicles to enter from Clinton street and exit on to CouR Street; and Wl-EEREAS, necessary utility easements will be obtained, atherwise~the utilities will need to be relocated: and ' WHEREAS, the applicant will be respon- sible for maintenance along the access i easement and snow removal from the ` southern 9fi-feel of the remaining narth- south alley; and WHEREAS, the Planning and honing Commission has recommended approve[ of the requested vacation, subject to the retention of a public access and utility easements and maintenance require- ments. NOW, THER£FQRE, SE lT ORDAINED BY THE CITY CDUNCIt DF THE CITY DF IOWA CITY, IOWA: SECTION f: The property described below is hereby vacated by the City of Iowa City, subject to retention of a public access and utility easements: Beginning at the southeast comer of the vacated North 182 f9et of the alley in Block 102, thence South 102 feet, thence West 20 feet, thence North 102 feet, thence East 20 feet to the paint of begin- Wing, containing approximately .05 acres [2,040 square feet] and subject to ease- ments and restrictions of record. SECTION II. REREAtER. All ordinances and parts o1 ard'inances in conflict with the provisions of this prdinance are hereby repealed. SECTION III. SEV£RABILII-Y. If any section, provision or part of the Ordinance ' shall be adjudged tv be invalid ar uncon- stitutional, such adjudication shall net affect the validity ai the Ordinance a5 a whose or any section, prevision or part thereof net adjudged invalid ar unconsti- tutional. S1=CTI4N IV. EFFECTIVE DATE. This Ordinance shall be in affect after its final passage, approval and publication, as provided by law. Passed and approved this 18th [lay of September, ~l707. slRoss Wilburn, Mayer Attest: sJMarian K. Karr, City Clerk 741761 September 26, 2007 I _.~. ~ i R~.~I_ fV ~ ri~ ~~ ~~~ .~ .~ -~..~ _ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 [319) 356-5000 (319) 356-5009 FAX www.irgov.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. 07-4282 which was passed by the City Council of lows City, Iowa, at a Council meeting held on the 18th day of September, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on September 26, 2007. Dated at Iowa City, Iowa, this 9th day of October, 2007. . k\ ~ ~ Ju Voparil ~l Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 a, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper pe~bl>EShed in said county, and that a notice, a printed copy of which is hereto attached, was published in said pager ,tune(s), on the lowing dates}: t Legal Clerk Subscribed and sworn to before me this day A.D. 20~.,.. r Notary Public ~n ~~ Gorntfl~orl Nurr~ar 732819 I 411f]r ~Corntittsslon moires Jant~lly 27, 20p8 I i a passage, approval and publication, as provided by law. Passed and approved this i81h day 1]t I September 2007. , sJRoss Wilburn, Mayor , Attest: slMarian K. Karr City Clerk 74082 September 28, 2007 ~~ ~ OFFICIAL PUBLICATION ORDINANCE N0.07-4282 AN ORDINANCE AMENQ ING TITLE 1, CHAPTER 9.38 QF THE CODE OF ORDINANCES OF IOWA CITY, fOWA AND AMENDING THE t30UNOARY OF VOTING PRECINCT. r 161N IOWA CITY TO REFLECT A ' BOUNDARY CHANGE TO THE COR- PORA7E I,JMITS OF IOWA CITY. WHEREAS, a boundary change to the corporate limits of kowa City has rendered the oodifred voting precincts inaccurate; and WHEREAS, much of the land involved in the boundary change is currently unde- velopetl; and WHERER5, it is appropriate and in the public interest to revise the boundaries of Precinct 16 to reflect said boundary ' change, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP IOWA CITY, IOWA: SECTION I, AMENOMENT. Title t, , Chapter 9-38(16) o! the Code of Ordinances of Iowa Gity is hereby amended by deleting said paragraph and adopting in lieu thereof the following: ~ i6. Precinct 16: Beginning at the . interser;tion of Muscatine Avenue and Dover Street; north on Dover Street to Perry Court; west on Perry Court to ; Meadow Street; north on Meadow Street , to Friendship Street; east on Friendship I Street to Kenwood; north on Kenwood to Court Street east on Court Street to a { I point which is 261.42 feet along a hearing I N00°29'01' W from the Southwest comer' ai the Southeast Quarter of Section 7, ~ Township 79 North, Range 5 Wes! of the f 5th P.M. of Iowa City, Johnson County, Iowa; thence north along said bearing I and section 11ne to the Northwest camerl ~ of She Southwest 114 of the Northeast 114! of said Section 7; thence N 69°50'44• E along ih@ fJorth line of the South ill at the Northeast 1!4 of said Section 7, a dis- tance of 532.19 feet; thence S 40°01'04' W, a distance of 1311.29 fast to a point on the centerline of present Lower West Branch Road SE; thence east along Lower West Branch Road and the cerpo- rato Nmlts of Iowa City to Taft Avenue; south along Taft Avenue and the corpo- rate limits of Iowa City to American Legion ' Road; west along American Legion Road and the corporate limits of Iowa City to Muscatine Avenue and the point of begin- I ning- I SECTION ff. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION I I I. SEVERABILITY. tf any seo- tion, provision or part of the Ordinance , shall be adjudged to be Invalid or uncon- l stitutlonal, such adjudication shaft net attecl the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE GATE. This Ordinance shalE be in affect after its fin I 1 ~ i ~~ =.. _-.~~~d1 :::III -.t.~.._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-182b (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. 07-4283 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of Oc#ober, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 10, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. .~ ~ 1~~ Julie oparil Deputy City Clerk Printer's Fee $ ~• CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, S ' ~, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said Bounty, and that a notice, a printed copy of which is hereto att~ched, was published in said paper times}, on the following date(s): _~~ • 10 ~ _ Legal Clerk Subscribed and sworn to before me this day LtND1A KRV ~ ~ Cprttmtsslon Number 732519 11lyCofnrntssian Expires ,. .lanusrY 27, 2f,lOB OFFECIAL PUBLICATION ORDINANCE N0.07-4283 AN ORDINANCE REZON- ING APPROXIMATELY 0.95 ACRES OF LAND AT 805 ANU 817 SOUTH GfLBERT STREET FROM INTEN5IVE COMMERCIAL (Ch1} YO COMMUNITY COMMERCIAL (CC-2}. {REZ07-00012) WHEREAS, the app[icent, George 5ehl, hes requested a rezoning of properties located at 805 and 817 5. Gilbert Street from Intensive Commercial (Ct-1} to Community Commercial (CC-2}; and WHEREAS, the business uses cenfonn- ing to a CC-2 zone are compatible with current surrounding land uses; and WHEREAS, the Planning and Zoning ' Commission has found that alshough the Comprehensive Plan land use map depicts this area as appropriate for inten- sive Commercial development, the Plan does show general commercial develop- ment for adjacerd properties -and notes that iha recent trend of apartments being built above intensive Commercial areas may result in the need to re-examine the appropriate land uses and zoning pai- tems in this area; and WHEREAS, the current use as a medical office is non-conforming in a CI-1 zone, but will be conforming in a CC-2 zone. WHEREAS, given the above noted two- tors the Planning and Zoning Commisslan hes found that the proposed rezoning is in general compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning: and WHEREAS, the Iowa City City Council vncurs with the recommendations of the Planning and Zoning Commission. -NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its Current zoning class'rfication of Intensive Commercial (CI-1) to Community Commercial (CC-2} is hereby approved: i Commencing at a point on the South line of Loi 4 in Block 28 of chat part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the plat , thereof recorded in Book 1 & 2, page 301, Dead Retards of Johnson County, Iowa, uvhich point is 28 feet West of the Southeast comer of said lot 4; thence in a Northerly direction in a straight line to a point on the North line of LaE 3 in Block 28, 3 teat West of the Northeast comer of said Loi 3; thence East 38 fae$ thence South to a point 35 feet Ees1 of the Southeast comer of said Lat 4; thence WesS to the place of beginning, subject to easements and restrictions of record And ~ ICommencing at the southeast comer of ri.at 4, t31oCk 28 of County Seat Addition as ~ recorded in Deed Book 4 B 2, Page 301, ~ Johnson Gounty, Recorder's Oitice I thence N 89°53'17"E, 35.00 feet; thence , N00°16'55'W, 12.70 feet parallel to the east tine of said Block 28 to the Point of Beginning; thence N00°16'S5"t+y, 147.36 ~ feet parallel to the east line of said Block ~ 28; thence N89°51'13°E, 41.43 feet along the easterly extension of the north line of -~u~-avrauld-BSock 28 tv-a puintttt'at Iles 45.00 fast westerly from the centerline of Gilbert Street; thence 515°25'50"W, 152.98 feet along said une lying 45.00 feet from the centeriina of Gf[bert Street to the paint o[ beginning. ' Commencing at the northwest comer of ~ Block 28, County Seat Addition to laws City, Iowa, as retarded in Deed Book 1 end 2, Page 301 of the records of ~ Johnson County, Recorder's Office; thence 589°51'40"E, along the north line of said Block 28 of the northeast comer of i Lot 1 of said Black 28, which is the point' of beginning; thence S89°51'40"E, 131.78 feet along the north line of Lot 1, Block 29, of said County Seat Addition, to the westerly right-of-way line of Gilbert Street; thence 815°43'12"W, 165.98 teat along said westery right-of-way line to the south line of Lot 2, Block 29, of said County seat Addition; thence N89°54'13"W, 86.81 feet along said south line to the southeast comer of Lot 2, Block 28, of said County Seat Addition In aocor- , dance with ordinance of vacation record- ed in Miscellaneous Book 390, Page 176, of the records of the Johnson County Recorder's Office; thence north 159.87 j feet along the east line of Block 28 to the I point of beginning, Md Auditor's Parcel #98017, according to the Plat of Survey recorded in Book 39, Page 270, Plat Records of Johnson County, Iowa. ' SEGTION I!. ZONING MAP. The build- ing official i5 hereby authorized and directed to change the zoning map of the City of Iowa Ciry, Iowa, to conform to this ..amendment upon the final passage, approval and publication of the ordinance as approved by law. $~CT1QN III. CERTIFICATION AND RECnRDING. Thg City Clark is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson Caunly, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordi- nance, as provided by few. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in Conflict with iha provisions of Ehis Ordinance are hereby repealed. SECTION V. SEVERABlLITY. If any sec- tion, provision ar part of the Ordinance shalE be adjudged to tre invalid or uncon- stitutional, such adjudication shall not , affect the validity of the Ordinance as a whole or any section, provision yr part , thereof not adjudged invalid ar unconsti- tutional. . This Ordinance shall be in affect after its Tina! ` passage, approval and publication, as provided by law. - Passed and approved this 2nd day of October, 2007. slRoss Wilburn, Mayor Attest: slMarian K. Karr, Gity Clerk 73824 October 10, 2007 f ~ i STATE OF IOWA ) SS JOHNSON COUNTY ) ~~~®f~ +:Ifl~ ~ 410 East Washington Street lowa City, Iowa 52240-1826 (319) 35b-5000 [3f9] 356-5009 FAX www.iegov.org ~ ~®i~~ ~_ CITY OF IOWA CITY 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. 07-4284 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~~ ~ _ Ju ~ paril ~-~ Deputy City Clerk Printer's Fee $ ~. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, 'cka, 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 followin date{s}: Legal Clerk Subscribed and sworn to before me this ~ ~'''` day of A.D. Z0~_, _-__ _.._...---~... ~ ~ ary Public uN~a tt~orz ,~~; ~y ~ft~l~ss o ~~32~619 our J8rtu8.ry 27. 2008 OFFIGIA! PUSLICATlDN ORDINANCE N0.07-4284 AN ORDINANCE CONp1TI0NALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULE- VARD AND SOUTH OF KENNEDY PARKWAY FROM INTERIM DEVELOP- MENT OFFICE RESEARCH PARK (ID- ORP)ZONE TO MED[UMDENSITY SiN- CeLE-FAMILY RE51DEN71AL (RS-8) ZONE W1TH A PLANNED DEVELOP- MENT OVERLAY (OPD-8) ZONE FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE- FAMlLY RESIDENTIAL (ID-AS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID-C01) ZONE FOR , APPROXIMATELY 2.03 ACRES- (RF207-00011) WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office Research Park {1D- OFiP) zone to A4edium Density Single- Family Residential (RS-8) zone .with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, interim Development Single-Family Residential pD-RS) zone for approxi- mately 9,32 acres, and Interim Development Ofice Commercial (ID- G41) zone tar approximately 2.03 acres; and WHEREAS, the Comprehensive Plan indicates that the land is suitable tar ottice arrci research park type uses, but recog- nizing the developmen! of Oakdale Campus north of Interstate 80, and the existence of environmentalty sensitive areas, the plan also indicates that low to medium density tiustered residential development may be appropriate for the area; and WHEREAS, the City adapted a vision plan-Clear Creek Master Plan~n 2002, which considered the possible street lay- outs and mix of uses and densities, while minimizing the impact err the environ- mentally sensitive areas; and WHEREAS, the applicant has submitted a preliminary sensitive areas develop- ment plartshowing a clustered residential subdivision of 73 townhouse-style multi- family tlwellings, 17 attached singly-iami- ty zero•lot line dwellings and 18 single- . family dwefffngs, and cutfots for public open space and preservation of environ- mentally sensitive areas as private open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the pro- posed rezoning and determined chat it complies wkh Ehe Comprehensive Plan and the Clear Creek Master Plart provid- edthat it meets conditions addressing the timely ,installation of infrastructure improvements and construction of Kennedy Parkway; and WHEREAS, lows Code §414.5 (20D7) provides that the City of Iowa City may impose reasonable Conditions on granti- ng an appfieant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and - WHERERS, the owner and the applicant acknowledge that certain conditions and restrictions are reasonable to ensure orderly development, adequate neighbor- hood connectivity, and to achieve the Comprehensive Plan goals; and WHEREAS, the owner and applicant have agreed that the property shall be developed in avcardance with the terms and Conditions of the Conditional Zoning ~l~ Agreement attached hereto to ensure appropriate development in th'ss area of 'the city, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ~ OF IOWA CITY, IOWA: E NIA V .Subject tv the Conditional Zoning Agreement attachod hereto and incorporated herein, property l `described below is hereby reclassified ~ from its current zoning designation of ' Interim Development Office Research Park (1D-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Oveday (DPD-B) zone for approximately 33.69 acres, ~ interim ~ Developrnant Single-Family Residential (tD-RS) zone for approxi- mately 9.32 acres, and Interim ~ Development Office Commercial (ID- ' C01) zone far approximately 2.D3 acres: ID-ORP to OPD-8 COMMENCING AT THE CENTER DF . I SECTION 42, TOWNSHIP 79 NORTH, " RANGE 7 WEST, OF THE FIFTH PR1N• C1PAL MERIDIAN, IOWA CITY, JOHN- { 50N COUNTY, IOWA; THENCE N89°25'22"E, ALONG THE SOUTH LINE ~ OF THE NORTHEAST QUARTER OF + SAID SECTION 12, A DISTANCE OF ~ 1749,4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.01 FEET, ALONG SAID EAST R1GHT-DF- WAY LINE, AND AN ARC OF A 760,0 FOOT RADIUS CURVE, CONCAVE' 50UTHWESTi~RLY,WHDSE56.0 FOOT CHORD BEARS N00°0T16"W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.D FEET, ALONG SAID EAST RIGHT-OF-WAY, LINE, AND AN ARC Of A 760.D FOOT RADIUS CURVE, CONCAVE SOUTH- WESTERLY, WHOSE 376.0 FOOT CHORD BEARS Nib°19'46"W; THENCE l N30°39'OB"W, ALONG SAID EAST , RIGH70F-WAY LINE, 30.9 FEET;' THENCE NORTHEASTERLY, 31.4 i FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 20.0 . FOOT RADIUS CURVE, CONCAVE ~ SOUTHEASTERLY,- WH05E 28.3 FOOT CHORD BEARS N14°20'52"E; THENCE N59°20'52"E, ALONG SAID EAST , ARIGHT-OF-WAY LINE, 20.0 FEET; ,THENCE N30°39'OB'W, ALONG SAID EA57 RIGHT-OF-WAY LINE, 6D.0 FEET; THENCE 559°20'52"W, ALONG SAID FJIST RIGHT-0F-WAY LINE, 20.0 FEET; rTHENCE NORTHWESTERLY, 34.4 , FEET, ALONG SAID EAST R1GHT-0F- I WAY LINE, AND AN ARC OF A 20.0 ` FOOT RADIUS CURVE, CONCAVE 4 NORTHEASTERLY, WHOSE 26.31=00T ' CHORD BEARS N75°39'OB"W; THENCE N3D°39'OB`W, ALONG SAID EAST r RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.6 FEEL, ALONG SAID EAST R1GHT-0F- WAY LINE, AND AN ARC OF A 560.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 352.] ~FDDT CHOR4 BEARS N14°43'S0"W; [ +THENCE N01°11'28"E, ALONG SAID { EAST RIGHT-OF-WAY LINE, 364.91 FEET; THENCE 889°39'51"E, 294.4' FEET; THENCE N00°20'09"E, 64.7, FEET; THENCE NORTHWESTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 +FOOT RADIUS CURVE, CONCAVE .SOUTHWESTERLY, WH05E 163.2 FOOT CHORD BEARS N05°54'30"YV; THENCE N12°D9'09"W, 111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 • ~ FOOT RADIUS CURVE, CONCAVE ,NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N75°21't2"E; , F THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1D00.0 FOOT RADIUS CURVE, CONCAVE SOUTHF1kSTERLY, WHOSE Sf.O FOOT ' CHORD BEARS N74°19`08"E; THENCE 814°13'17"E, 165.3 FEET; THENCE NBO°50'D7"E, 131.5 FEET; THENCE 823°44'i8°E, 37.2 FEET; THENCE ~. o-~ S82°35'11`E, 179.9 FEET; THENCE 827°22'19"E, 813.6 FEET; THENCE 844°52'16'E, 219.0 FEET; THENCE S00°36'32'W, 401.7 FEET; THENCE S59°57'49°W, fi54.1 FEET; THENCE 589°25'22"W, 300.3 FEET TO SAID POINT QF BEGINNING, CONTAINING 33.69 ACRES, ANR SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ED-DRP to ID-RS COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRIN- CIPAL MERIDIAN, IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE N89°25'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; ; THENCE NORTHWESTERLY, 50.0 ' FEET ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 760.O ' FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.D FOOT CHORD BEARS NOD°0T16"W; THENCE t NORTHWESTERLY, 3BD.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTH- WESTERLY, WHOSE 376.0 FOOT ' • CHORD BEAR5 Nib°19'4fi"W; THENCE N3D°39'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 3D,9 FEET; THENCE NORTHEASTERLY, 31.4 ~ FEET, ALONG SAID EAST RIGHT-OF- , WAY LINE, AND AN ARG OF A 2D.0 ? FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14°20'52"E; THENCE N59°20'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE 859°20'S2'W, ALONG SAI6 EAST RIGHT-0F-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-0F- WAY LINE, ANb AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.31=O0T CHORD BEARS N75°39'08"W; THENCE N30°39'06"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE .NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 660.D FOOT RADIUS CURVE, CONCAVE ' NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N74°43'50"W; THENCE ND1°11'26"E, ALONG SAID' EAST RIGHT-OF-WAY LINE, 420.6 ` FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF R 2550.0 FOOT RADIUS CURVE, CON- CAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NDO°49'29"W; THENCE NORTHEAST- ERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CON- ' CAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42°01'38'E; THENCE N86°53'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03°O6'18"W, ALONG SA1D EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86°53'42"E, 43.6 FEET; 'i THENCE NORTHEASTERLY, 245.0 ' FEET, ALONG AN ARC OF A iD00.0 ~ FOOT RADIUS CURVE, CONCAVE ' NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79°52'37"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1DOD.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74°19'08"E, TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC DF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEAR5 ' 587°31'24"E:THENCE SOUTHEASTER- LY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, GQN- CAVE NORTHEASTERLY, WHOSE I ~a~ ~. 251.4 FOOT CHORD BEARS 579°56'28`E; THENCE 506°36'32`W, ' 30.D FEET; THENCE S89°23'28`E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTH- WESTERLY, WHOSE 28.3 FOOT CHORD BEAR5 844°23'28"E; THENCE S00°36'32"W, 117,0 FFET; THENCE S89°23'28"E, 56.0 FEET; THENCE SQO°36'32"W, 842.3 FEET; THENCE N44°52'16"W, 219.0 FEET; THENCE N27°22'19"W, 812.8 FEET; THENCE N82°35'11"W, 173.9 FEET; THENCE N23°44'18"W. 37.2 FEET; THENCE 580°50'D7"W, 131.5 FEET; THENCE N14°13'17"W, 165,3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASE- . MENTS AND RESTRICTIONS DF RECORD. ID-0RP to ID-COI COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRIN- CIPAL MERIDIAN, IOWA CITY, JOHN- SON COUNTY, IOWA; THENCE ~ N89°25'22"E, ALONG THE SOUTH LINE ~ OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE I OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-0F- ~ WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 5D.0 FOOT CHORD BEAR5 NOD°07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ' ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 76D.0 FOOT RADIUS CURVE, CONCAVE SOUTH- : WESTERLY, WHOSE 376.D FOOT, CHORD BEAR5 N16°19'46'4V; THENCE N30°39'DB"W, ALONG SAID EAST RIGHT-OF-WAY LIME, 36.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF- ' WAY LINE, AND AN ARG OF A 20.D I FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14°26'52"E; THENCE N59°20'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20,0 FEET; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE 559°20'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 I FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEAR5 N75°39'08"W; THENCE N30°39'08"W, ALONG SAID EAST RIGHt-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG 5AID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 666.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14°43'50"W; THENCE N01°11'28"E, ALONG SAID EAST RIGHT-OF-WAY LfNE, 364.8 , FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01°11'28"E, ALONG 5AID EAST RIGHT-OF-WAY LINE, 55.8 FEET; THENCE NORTH- WEST£RLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ' ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NDO°49'29'W; THENCE NORTHEAST- ERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, C~N- CAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42°01'38"E; THENCE N86°53'42`E, ALONG SAID EAST RIGHT-OF-WAY LIME, 2D.0 FEET; THENCE N03°06'i8"W, ALONG SAID EAST RIGHT-0F-WAY LINE, 33.D FEET; THENCE Ne6°53'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 157.8 FEET, ALONG AN ARC OF A 1000.0 ~~. ~ 3 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82°22'17`E; THENCE S12°09'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEAR5 SO5°54'3D'E; THENCE 800°20'09"W, 64.7 FEET; THENCE N89°39'S1"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CON- TAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION EI. 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 vi the ordinance ~ as approved bylaw. 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 Ordinanco. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the Ciry Clerk ' is hereby authorized and directed to cer- Gfy acopy of this ordlnance, and record ' the same in the Office of the County Recorder, Johnson County, Iowa, et the , Owner's expense, upon the fowl pas-- sage, approval and publication of thisF ordinance, as provided by law. SEC~j_(L,-[i)=pEp)„ER. All ordinances and parts of ordinances in conflict with ~ the provisions of this Ordinance are hero- I by repealed. . SECTION VI. SEVERABILITY. It any section, provision or part of the Ordinance shaft be adjudged to be invalid I or unconstitutional, such adjudication' shall not atteci the validity of the Ordinance as a whole or any section, pro- ' vision or part thereof net adjudged invalid ar unconstitutional. ~EC~~N V~, EFF~TtVF~pATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of I October, 2D07. slRoss Wilburn, Mayor ' Attest: SlMarian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THISAGREEMENT is made between the City of Iowa Gity, Iowa, a municipal vor- poration (hereinafter "City"), and The Crossing Development LC {hereinafter 'Owner") and Southgate Development Services, LLC (hereinafter "Applicant"}; ' WHEREAS, Owner is the legal t'sile hold- er of approximately 45,04 acres of prop- erty located east of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below, and WHEREAS, the Applicant with the Owner's consent has requested tho rezoning of said property tram Interim Development Office Research Park {ID- ORP) zone to Medium Density 5ingle- • Family Residential (RS-8} zone with a Planned Development Overlay (OPD-8} zone for approximately 33.69 acres, interim Development Single-Family Residential (ID-RS) zone for approxt- mafely 9.32 acres, and interim Development Oftica Commercial (ID- C01) zone for approximately 2.0.3 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installation of infrastructure improvements and construction vl Kennedy Parkway, the proposed rezon- ing complies with the Comprehensive Plan and the Clear Creek Master Plan; and c~ . o~ - ~-i-~ ~-~..>r WHEREAS, Iowa Code §414.5 (2D07) t provides that the City of Iowa City may impose reasonable conditions on granU-' ng an applicant's rezoning request, over and above existing regulations, in order } to satisfy public needs caused by the requested change; and i WHEREAS, the Owner and Applicant ' acknowledge that certain conditions and restrictions are reasonable to ensure the development of the properly is consistent with tfre Comprehensive Plan and the need for ordarty development, neighbor- hood compatibility, and adequate connec- tivity; and WHEREAS, the Owner and Applicant agree to develop this property in atxtor- dance with the terms and conditions o! a Conditional Zoning Agreement. NOW, THEREFORE, rn consideraiiart of the mutual promises contained herein, the parties agree as follows: 1. The Crossing Development LC Is the f legal title holder of the property legally described as follows: COMMENCING A7 THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRIN- i CIPAL MERIDIAN, IOWA CITY, JOHN- ' SON COUNTY, IOWA; THENCE , N89°25'22'E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF; SAID SECTION 12, A DISTANCE OF ' 1749.4 FEET, TO ITS Ifl-TERSECTION WITH THE EAST RIGHT-0F-WAY LINE OF CAMP CARbINAt BOULEVARD; THENCE NORTHWESTERLY, 50.4 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 760.D FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT ' CHORD BEARS N00°07'16"W, TO THE ~ POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-OF-WAY j LINE, AND AN ARC OF A 760.0 FOOT ` RADIUS CURVE, CONCAVE SOUTH- WESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16°19'46"W; THENCE N30°39'08"W, ALONG SA1^ EAST ' RIGHT-OF-WAY LINE, 30.9 FEET; . THENCE NORTHEASTERLY, 31.4 FEET ALONG SA[D EAST RIGHT-0F- , WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14°2D'S2"E; THENCE N59°20'52"E, ALONG SAIL) EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30°39'08"W, ALONG SAID ; EAST RIGHT-0F-WAY LINE, 60.0 FEET; THENCE S59°20'S29N, ALONG SAf6 + ' EAST RIGHT-0F•WAY LINE, 20.0 FEET; I •~ THENGE NORTHWESTERLY, 31.4 I FEET ALONG SAID EAST RIGHT-0F- WAY LINE, AND AN ARG OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75°39'08"W; THENCE N30°39'08"W, ALONG SAID PAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST R1GHT-OF- WAY LINE, AND AN ARC DF A 660.0' FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WH05E 362.1 F007 CHORD BEARS N14°43'54°W; ; THENGE N01°11'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN AHC OF A' 2550.0 FOOT RADIUS CURVE, CON- CAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS r N00°49'29"W; THENCE NDRTHEAST-' i ERLY, 62.6 FEET ALONG SAID EASTi • RIGHT-0F-WAY LINE, AND AN ARC OF' A 40.0 FOOT RADIUS CURVE, CON- CAVE 5OUTHEASTERLY, WH05E 5fi.4 FOOT CHORD BEARS N42°01'38"E;I THENCE N86°53'42"E, ALONG SAID EAST RIGHT-0F-WAY LINE, 20.0 FEET,' THENCE N03°O6'18'W, ALONG SAID EAST RIGHT-0l;-WAY LINE, 33.0 FEET; THENGE N86°53'42'E, 43.6 -FEET;' THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A f000.0 FOOT RADIUS CURVE, CONCAVE' NORTHWESTERLY, WHOSE 244,4! FOOT CHORD BEARS N79°52'37"E; ~ THENCE SOUTHEASTERLY, 633.8 , FEET,. ALONG AN ARC OF A 1000.0 . FOOT RADIUS CURVE, CONCAVE I 5OUTHWESTERLY, WHOSE 623.3 ~ . FOOT CHORD -BEARS 588,°58'54"E;.~ THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN AAC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 4 FOOT CHORD BEARS S79°56'28"E; THENCE 800°36'32"W, 30.0 FEET; ; THENCE 889°23'28"E, 5.0 FEET; I THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTH- ; WESTERLY, WHOSE 28.3 FOOT CHORD BEARS 844°23'28'E; THENCE S00°36'32"yV, 111.0 FEET; THENCE , 589°23'28"E, 50.0 FEET; THENCE S00°36'32"W, 1244.0 FEET; THENCE , S59°57'49"W, 654.1 FEET; THENCE 889°25'22'W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 45.04 ACRES, RND SUBJECT TO } FJISEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner end Applicant acknowl- edge(s) that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the need for orderly development, neighborhood co~- patibility, and adequate connectivity. Further, the parties acknowledge that .Iowa Code §414.5 (2007) provides that the City of lows City may impose reason- able conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisty public needs caused by the requested I change. 3. In consideration of the Clry's rezoning the subject property, Owner and Applicant agree(s) that development of the subject property will conform to all other require- ments of the zoning chapter, as well as the fallowing conditions: a. the section of Kennedy Parkway between Camp Cardinal Road and Camp i Cardinal Boulevard will be platted, and the necessary right-of-way will be dedi- cated and a letter of credit for the cost of installing the water main in this section of the street wi[I be provided at the time of final plat approval; b. instagation of the sub-grade for this section of Kennedy Parkway will be con- structed by the applicant andlor owner prior to January 1, 2009; c. this sectien of Kennedy Parkway will be constructed when the school site (located north of Kennedy Parkway) is developed, or Outlot G of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 201D; and d. if the sub-grade is not constructed prior tp January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits wi11 cease Eor Cardinal Pointe South subdivision. 4. The Owner and Applicant, and City acknowledge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that arecaused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redevel- oped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. Tire 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 shad remain in toll force and effect as a covenant with title Eo the land, unless or until released of record by the City of lows Ciiy. - g~ 3~ 3 The parties further acknowledge that this agreement shall Inure to the beneTn of and bind ell successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowl- edge(s) that nothing in this Conditional Zoning Agreement shall be construed to reAeve the Owner ar Applicant from com- plying with a[I other applkable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subJect property, and that upon adop- tion and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Offioe at the Applicant's expense. Dated tiffs 16th day of October, 2007. CITY OF IOWA CITY s/Floss, Wilburn, Mayor Attest: slMarian K. Karr, City Clerk By: s/Dennis Craven Manager The Crossing Development LG By: s/Teresa Morrow Vice President Southgate Development Services, LLC 73942 October 24, 2007 ~ r ~~.®~~ :::III ~ CITY 4F IOWA CITY 410 East Washington Street lawa City, Iowa 52240-1826 (319] 356-5000 (3i9] 355-5009 FAX www.icgov.org STATE 01= 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. 07-4285 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~~~ ~ . Voparil Deputy City Clerk ~~ ~~~ C~-~ ~~ Printer's Fee $ ~7 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330fi70 I, ~~ 11~1~ ~ ~ ~ r~ Dia~Becieka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): ~1~L Legal Clerk Subscribed and sworn to before me this day of 1~~~~~%~- A.D. 20~_. otary Public ~ii~ KHORZ ~. ' ~ Canunfssiorl Number 732619 Ffy Comml: slan ~xpirea '"'' J,.nutuy 27, 200G ~~ ~ ~~ o-~. -----, -- - , OFFICIAL PUBLIGA~ ~N r OfF1CIAL PUBLICATION OFFICIAL PUBLICATION ~ ~ `" ORDINANCIr NO. 07265 ~~~"~ AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUtLD1NG CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND 7HE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METH- ODS, 2006 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROYIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR 7HE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. ' BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF IOWA CITY, EOWA: " SECTION L PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of khe International Building Code and Intemational Residential Code as published by the Intemationak Code Council and to provide for certain amendments thereof; and to provide !or the protection of Ehe health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enlorce- ment. SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17.3 and 17-4 ere enacted in lieu thereof. 17.1.1: Code Adopted: Subject to the following amendments, the 2006 edition of the Intemational Building Code (IBC) and 20D6 Edition of the Intemational Residential Code (IRC) including Appendix F Radon Control Methods are hereby adopted and shall be known as the Iowa City Building Code or the Building Gode. Interpretations of the Building Official may be guided by publi- cations of the Intemational Cgde Council, Inc., or the Intematiqna! Existing Building Code. i7•i-2: Mte-{~retation ai Building Code provisions: The provisions of this Cvde shall be held to be the minimum requirements adopted For the protection of the health, safety and welfare of the citizens of Iowa Ciiy. Any higher standards in the , state statute or Ciry ordinance shall be applicable. 17-t•3: Amendments to Code: The following seciigns of the 2006 edition of the Intemationak Building Coda and 2006 edition of the Intemational Residentia! Code are amended as follows: A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both tfte IBC and IRC and insert in lieu thereof the following: 101.1 THIe. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." ' B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the fol- lowing: 105.2 Work Exempt from Permlt. A permit shalE not be required for the following: Building 1. One-story detached accessory structures used as tool and storage Sheds, playhouses and similar uses, pro- vided the floor area does not exceed 144 square feet. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top~vf the wall, unless supporting a surcharge or impounding Glass I, I! or Ell-A liquids. , 5. Wafer tanks supported directly on grade if the capacity does not exceed 5,OD0 gallons (18 925 L} and the ratio of height to diameter yr width does not exceed 2 to 1- fi. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story ' below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. ' 8. Temporary mgtion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools which are lass than 24 inches deep, do not exceed 5,000 gallons and era installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 1i. Swings and other playground equipment accessory to detached one- and two-fatuity dwellings. i2. tNindow awrtirrgs supported by an exterior waA which do not project more that, 54 inches (1372 mm) fmm the exterior wall and do not require additionak support. - 13. Movable cases, counters and partitions not over 5 feat 9 inches (1753 mm) in height. 14. For structures regulated by the IRC the reapplicat~n at shingles and roof sheathing provided less than 50% of the sheathing is replaced and other structural alterations are not required. 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. b. Property is net located in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City historic Landmark. Unless otherwise exempted, separate plumbing, electrical and mechanical pemrits shall be required for the above- exempled items. Exomption from iho permit requirements of this Code shall not be deemed to granE authorization for any work to be ~ done in a manner in violation of the provisions of this Code or any other laws or ordinances of this Jurisdiction. C. Section 105-5 of both the tBC and IRC. Modify Section 105.5 of both the IBC and 1RC by adding a Sentence to the end as toliaws: In no case shall the permit be offective unless the work covered by the permit is completed wthin 24 months of the date on which the original permit was issued- D. Section 105.9 of both'the IBC and1A~. Add two new Sections 1 D5.9 and 105.9.1 to the 18C and 8105.9 and 8105.9.1 tq the IRC as fo0ows: ' 105.9 Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any building or structure. 2. Far the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.} that is located within a Histodc Preservation Overlay Zone or a Conservation District Overlay Zone, or is an lows City Historic Landmark. ' 105.9,1 Requlremenls. The applicant for any demolition permit shall state on the application the proposed disposal plains far all demolition materials. No demolition permit shall be issued until seven (7} working days after the date an appli- ration has been properly filed and said demolition permit shall not be effective until appiignt has posted the premises to be demol- ished with a notice to be provided by the City and as directed by the Gity; provided, however, that accessory buildings as defined in the taws Csty Zoning Ordinance and having no his[vsrc sfgnificarce and dangerous buildings shag ba exempt iron said notice acrd { waiting requirement. E. i n 1 f C .Amend Section 1D7.3 of both iho 1BC and IRC as follows: 107.3 Temporary power: Replace the words " ICC Electric Coda" with Iowa City Electric Code. F, Section 108.2 of both th@_ IBC and IRC. Delete Section 1 D6.2 in the IBC and IRC and insert in lieu thereof the following: 106.2 Permlt Fees and VafuatEons. The tae far any permit shat] be as sat forth in the building pertnR fee schedule as established by resolution of the City Council. The determination of value or valuatior under any of the provisions of this Coda shall be made by the Building Official. The value tq be used in computing the building permit end building plan review fees shall he the total value of all construction work for which the permit is issued, as well as all finish worts, painting, roofing, site grad- ing, paving, landscaping, elevators, and other permanent equipment. The value to be used in computing the value of construction far reports shall be the total value of all construction work for which the pemiit is issued, as well as all finish work, painting, roofing, electrical, plumbing, healing, air conditioning, site grading, paving, landscaping, elevators, lire extinguisher systems and other per- manent equipment. G. ~ n 1 IBC .Delete Section 106.3 fn bath the IBC end f RG and insert in Ilau there- of the following: 106.3 plan Review Fees. When a plan or other data are required to be submitted by Section 106 end the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review tea shall be paid before the permit v ~d ~~ ~~,~~ 8~:~`9.. ~~-- ~ ~ u o ~ OFFICIAL PUBLICATION OFFICIAL PUBLICATION v OFFICIAL PUBLICATION 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 tee shall be as sat forth by resolution of City Council. Plan review tees are sep- arate fees from the permit lea specified in Section 108.2 and era in addition tv permit tees. H. Section 108 4 of the 1BC and IRC: Delete Section 108.4 in the IBC and IRC and insert in lieu thereof the tol- lowing: 108.4 Work commencing before permit issuanve: Any person who commences work on a building, strrrc- ' lure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount o1 the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. Tha payment of such lea shall not exempt any person 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 Shat required the work to be done with- out a permit. I. Section O@. 5 of the ERC: Delete Section 108.5 in the IRC and insert in lieu thereof the following: 8108.5 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any tee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. J. i f i B :Delete Section 108.6 in the IBC and insert in lieu thereof the following: 108.6 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the data of fee payment. K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. , L. Section 109.3.7 of thq IBC. Delete Section 109.3.7 in the kBC. M. Section 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC end insert in lieu there- of the following: Section 112 Appeals: See TrrLE 17 CHAPTER 12 Appeals in the City Code. N. ,section 202 of both the IBC and IRC. Add new definitions as follows: Family: See Section 14-9A Zoning Definitions in the City Code. P. Section 202'of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room io read as follows: Basement areas finished to a degree to encourage their use as any- th"sng otfier than storage or mechanical rooms shall be wnsidered habitable space. O. Section 202 of the IRC. Delete definition of Accessary Structure and insert in lieu thereof the following: ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code. R. Table 8301.2 (1f Modsfy by inserting data in the table as follows: Ground Wind Seismic Subject to Damage From Snow Speed Design Frost Line Load {mph? ~ Category Weathering Depth Termite Decay 25 90 A Severe 42" Moderat Slight e Heavy Moderat e Ice Flood H azards Shield Underla t• Winter y Air Mean Design .Require Firm Freeze Annual Temp. d NFIP Maps Index Temp. -5° F Yes 5-22-77 2-96-D7 2000 50° F S. Bettie 8305.1 of the IRC. Modify by adding a 5th exceptien as follows: 5. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and mechanical ducts provided the prescribed tailing height is maintained in at least two-thirds (213} of the room. T. Section 8310.1 of the IRC. Modify by deleting the exception and adding a new 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 perma- nently affixed to the floor below and the wall under the window it serves. U. io i0.1 f th C. Modify the second paragraph of R-4 to read as follows: - Group R-4 occupancies shall mast the requirements for construction as defined for Group R-3 except as oth- erwise provided for in this code. V. io t1 . o I .Add an exception as follows: EXCEPTION: Structures that existedprior tv 8128102 (adoption of the 2000 IRC) shall be allowed 6'-6° head- room. W. io th .Delete Section 8322 in the IRC and add a new section as follows: 8322 ACCESSIBILITY 8322.1 Scope. Tfie provisions of this section are enacted to implement the City's policy that structures reg- ulated by this Code constructed with public funds be constructed using universal design features that provide accessibility and usabil- ity for a11. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof througfi any of the fottowmg means: 1. a building contract or similar contractual agreement involving aCity-funded program or fund; 2. any real estate received by the owner tfiraugh a subsidy, lease, or donation by the Gity or its agents; 3, preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. aCity contract !° provide funding or a financial benefit for housing. 8322.2 Minimum arxesslbility requirements for all dwelling units using public funds. d. Wall Ra[nforcement. One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as needed. The wood blocking, wfien measured to the center, shalt be located betweenthirty-three inches (33"} and thirty-six inches (36") above the finished floor. The wood blocking shall be located in all walls adiacent to a toilet, shower staff os bathtub. _ 2. lrrierlor Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inch- es (32") where the door is open ninety degrees (90~), measured between the face of the door and the opposite stop. 3. Switch and Outlet Requirements. Ali wall switches controlling light fixtures and fans, shall be located at a height not to exceed lost-eight inches (48") above the finished floor. Height Continued on next page ~, e~.3~g e~ , ~ ~6 ~-~`~- ` au o b Cor-tlnued from previous page shall be determined by measuring from the finished floor to the center of the switch. A!I receptades shall be located at a height not less than fi8een inches (157 above the fin- j fished floor. Height shall be determined by measuring from the finished Ekvvr to the center of the receptacle. When the receptacle 11 placement is prohibited by the height of a window yr design feature, an alternate location can be approved by the Building Officials or a duly authorized designee. I 4. MoStep Entrance. Must provide at least one building entrance that cromplies with the lava Cftyr $uilding Code standard for an accessible entrance on an axessible route served by a ramp or a no-step entrance. A building) entrance door must have a minimum net clear opening of thirty-two inches (32°}. The Building Official may waive this requirement based on the determination that strict compliance is financially ar environmentally impractical. c X. 4 f th IR . Oelete section 8324 of the IRC and insert in feu thereof the following: I Section R324. See Section 14.5J Flood Plain Management Standards in the City Coda. ~ Y. Section 8403.1.4.1 of the IRC. Modify by deleting alt exceptions and inserting in Ilau thereof the following: I Fatceptions: 1. One story detached accessory buildings of wood ar steel frame oonstructivn not used for human. occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using stab an grade conslruGEion as follows, The slab shall be three and one half inches thick, poured monolithically with thickened perimeter footings extending 1weNe inches (12"} below finish grade and be sixteen inches (t6"} wide ai the base. The lop of the foundation shall not be less than sixi inches (6') above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 8x6-10110 welded wiro'~ mesh, tf4 deformed reinforcing bars at twenty Sour inches (24°) on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet In floor area may be vron- ', strutted with walls supported on a wood foundation plate yr "skids" when approved by the building official. 3. i}ecks mot supported by a dwelling need not be provided with footings the! extend below the frost line. Z. ,~~n 8404.1.2 aF the IRC. Modify Secfion 8404.12 by adding a second paragreph as follows: Wall thickness maybe reduced to eight inches (8°} it a minimum of three (3J one-half inch diameter deformed ASTM A815 grade 40 steel bars are placed horizontally at the center vi the wall thickness wish one bar located within 14" of the top, one bar with- in 14° of the bottom and one bar located within 14" of the mid-height at the wall provided the wall height does not exceed eight feat (e,} AA. Section 8404.1.3 of the IRC. Modify by adding en exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkou! basements which are exempt from the Iowa Architectural Ad shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: ~ " i !~: e.a = Corner tsars ~,~ ~' FOUNDATION Ri.AN: ~ s ~ sE~ w~ ~ SOWER IEVEL WAL!(OUT , T . Tlsicltncas ~°~'~~°~t a ++ t E a• } y ~ 1 =t i c. '~ 8' & f 2" Fnda>iirin vdatfe .~ t f§avids canter bare to Tnatth faravids coma bars to rmatchl fKrrirr;~al fae~at3on vra® hod:ante) fpeptda:ian wapl rtslrtfmdinp into p~ral~ 2'•e#' rsirttarcinp span rre4) 2`•(t• f~ ~ WI~ t.IW,T, "KISS f'tzsia, ,~ f~a !.! 1@~ar ff• t4 ~ Y ` ~ Z°4' ~ y a Y ` ~b r~ t~" ~ ... ....... ~4 4T ~ . . ~•~t i 4" ~ 1 ~" 12" l iP8 ~ 12" ,~".~" 18' Ctr Tt!" t2" N4 ~ t4" $'~Q' t~° ~?'A" t3" A8 ~' 1~ 3`fi` Holes: 1. Cetrrer Barr ?,re in rFdltELf t~ rr r~nfcrreirq. Y. Ae teiaclrscfip ~ ~ # of ~4 EI~Smrs at tlxA reintarctrp u[att„ ; 3. d tr~utarY b srrmrar tt~r 16'd7°, ~ dlmcnar stt~1 bbt 4'-0' ttel9s~siy ~1R~+ '~ - fbt ~ 1~ e~vleiq 4t. z0. - ~'~ ~ ~~~ 2"~ IlAirt~ln~tn Inf3ic~ ~e of wall to edge ~ reirrfcuciing s~~ ~elied~le ~o~. Hof~izontal Reinfarcir~ #4 l~eil~fatrci~g Vat'I(ita1 3{7" C?.C. Ty~FCa1 ~4 Reinforcing l~orrv -` ~j. ~. ~' ~, ,, A.p Y. ~e~r r .~ BB, Section 501.2 of the IBC. Modify by adding to the end of the section as folEow§: From t0~199 feet from the street the number sha[I be a minimum of 6 inches high with a minimum stroke of ~k 0.5 inches. From 200-299 feet from the street ttie numbers shall be a minimum B inches high with a minimum stroke of 0.5 inches. ;. For each additional 100 feel from the street, the number shall increase by an additional 2 inches in height. Measurements to deter- mine 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. ' CC. Section 8613.2 of the IRC. Delete Section R613.2 of the IRC. DD. Section 8703.2 of the IRC. Modify as follows: Delete the exception in its entirety. i EE. Section 708.1 of the IBC. Modify by adding an additional numbered sentence as fOllOwS: 7. Walls separating dwelling units from other occupancies in the same building. FF. Section 711.3 of the IBC. Modify by deleting the Tirst paragraph and insert in lieu thereof the following: The fire-resistance rating of floor and roof assemblies shall not be less than that required by the building type ; of construction. Where the floor assembly separates mixed occupancies, the assemby shall have afire-resistance rating of not less than that required by Section 508.3.3 based on the occupancies being separated. Where the floor assembly separates asingle O~~~- panty into different Eire areas, the assembly shall have afire-resistance rating of not less than that required by Section 706.3.9. Flay assemblies separating dwelling units in the same building or sleeping un"sts in occupancies in Group R-1, hotel occupancies, R-2 and I-1 shall be a minimum of 1-hour fire-resistance-rated construction. Floor assemblies separating other occupancies from dwelling , unite in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and I-1 shall be a minimum of 1- hourfire-resistance- rated construction. GG. Section RB07.1 of the IRC. Delete section RSil7.1 and insert in lieu thereof the following: 807.1 Attic access. !n buildings with combustible ceiling or roof construction, an attic access opening shall be provided to attic areas that exceed 30 square feet (2.$m2} and have a vertical height of 30 inches (7fi2 mm} or greater. The open- ing shall be located in a corridor, hallway, or ether readily accessible location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need net be provided with access openings. The clear opening shall not be less than twenty inches (20') by thirty inches (307. Thirty inches (307 minimum clear headroom in the attic space shall be provided at or above the access opening. HH. Section 903.2.1.2 of the IBG. Delete section 903.2.1.2 and insert in lieu thereof the following: f 903.2.1.2 I A. New Grvup A-2 Occupancies. An automatic sprinker system shall be provided if one of the fol- lowing conditions exist: ' 1} The fire area exceeds 5,000 square feat; or 2} The fire area has an occupant load of 100 or more; or 3} the fire area is located on a fluor other than the level of exit discharge. B. 6risting Group A-2 Occupancies and Group B Oxupancies that existed prier to August 1,2007.. An automatic sprinkler system sha[I be provided throughout the A-2 oxupancy if one of She following conditions exists: 1 }The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by July 1, 20f 0. Exemption: Single business occupancies in single story nonabutting buildings; or , 2J The A-2 accuparcy has an occupant Ivad of 50.29$ and is located on a floor other than the level of exit discharge and has an ABDL shall comply by July 1, 20t 3; or . . Q~-~~~ ' 3) Group 13 Occupancies totaled on a floor other than the level of exit discfiarge and which have an ABAL shall comply by Jufy 1, Q`~ _. 2013; or 4) Group A-2 Occupancies with an occupancy load o1 100 or more that have an A$DL and are trot regulated in 61 or 82 above, pro- , vided: 4 ~ ~ ~ There is a change in business ownership, 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. Exemption: Single business occupandes in single story nonabutting buildings. - II. Section 903.2.1.3 of the IBC. Delete exception without substitution. JJ. Section 903.2.1.4 of the IBC. Delete exception without substitution. KK, Section 903.2.1.6 of the IBC. Add a new Section 903,2. L6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions there- of used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal} ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group $ occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in alt floors between the Group B occupancy and the level of exit discharge. ~ LL. Section 903.4.2 of the IBC. Delete the sectien 903.4.2 of the IBC and replace with: ~ 903.4.2. Alarms. An approved weatherproof homistrobe device shall be mounted directly above the fire . departmenE conneCtfon between seven (7} and tan (10) feel 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 supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code offlda! and NFPA 72. MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinklor system zones shall not exceed the area permitted by NFPA 13 or NFPA 13A end shall provide a sprinkler control valve and water flow device for each normally occupied floor, NN. Section 907.2 of the IBC. Delete the section and replace with: f 907.2 Where required. An approved and addressable manual, automatic, or manual and automatic fire alarm r r system Installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in - atcordanco with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.9, unless other --" requirements are provided by another section of this codo. Whore automatic sprinkler protection installed in acwrdance with Section f 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. _ The automatic fire detectors shall be smoke detectors. Where ambient Candilians prohibit installation of auto matic smoke detection, other automatic fire detection shall be allowed. 00. Section 907.2.1 of the IBC, belete the "exception" In Section 907.2.1 in its entirety and insert in lieu thereof ~ the following exceptions: EXCEPTION: , 1) Except for Group A-2 occupancies with occupant toads of 200 or more, manual fire alarm boxes ` are not required where the building is equipped throughout with an euiamatic sprinkler system and the alarm notification appliances wilE activate upon sprinkler water flow. 2) Group A-2. An automaliclmanual fire alarm system shall be installed in Group A-2 occupancies with and occupant load of 200 nr more. Activation of the fire alarm shall addiUenatty cause: 1, a. Illumination of the protected premises to not less than 10 footcandles over the area of the room at a height of 30 inches alwve the floor; and b. All conflicting or confusing sounds and visual distraction So autornaticaUy stop. PP. Section 907.2.3 of the IBG. Modity by adding a sentence to the end of tfie first paragraph as follows: New antl existing educational occupancies shall have a monitored fire alarm system. 00. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Greup E Occupancy shall not require a monitored fire alamr ' system unless required elsewhere in the code. RR. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows: 4: Supervised smoke alarms shall be installed in all common corridors end at the top and bottom of all stairway enclosures in Group R-2, R-4 and t-1 Occupancies. In corridors, detectors steal! 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 ar spaced as allowed by the fire code. S5. Section 907.2.12.3 of the IBC. Delete Section 907.2.12.3 and replace with: 907.2.12.3 Fire department communication system. Where required. No person shall erect, construct, maintain or mod- ,' ify any building or structure or any part thereof, or cause tht3 same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public'works departments. TT. Section 907.2.12.3.1 of the IBC. Add a Section 907.2.12.3.1 to read as follows: _ 907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED Buildings and structures shall be equippod with any of the following, in order to achieve adequate radio coverage: 1 } A radiating cable system or 2y An internal multiple antenna system with FCC Type Accepted Si-Directional UHF Amplifiers as~needed to encompass tho fre- - quency range stated below orlrequency range subsequenty established by the City of Iowa City. 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meat this ordinance requirements, UU. Section 907.2.12.32 of the IBC. Add a Section 907.2.12.3.2 to read as follows: 907.2.12.3.2 System Requirements: ~ 1) The frequency that must be supported shalt be $10.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (70D MWz or greater). The system must be capable of encompassing 1 tfie frequencies stated herein and capable of future modifications to a frequency range subsequently established try the City of Eowa City. 2) All system components must be 100 percent compatible with analog and dfgitaf modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. . 4) II any purl of the installed system or systems contains an electrically powered wmponent, Ehe system shall be capable of oper- ating on an independent battery andlor generator systom for a period of at least twelve {12) hours without external power input The Gallery system shag sutomaticalty charge in the presence of an external power input. S) Signal levels, percentage of coverage and reliability percentage. a. A minimum signet strength o! one (i) microvolt {-107 dBm] available in 95% of the area of each floor of the building when trans- mitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (l) microvolt [-107 dBm] received at the City of Iowa City Communications Center when trans- miffed from 95°,~ of the area of each float of the building, via portable radio with public safety microphone; and c. A 9596 reliability factor. 6} The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7} Testing procedures. a. Initial tests wall be performed try an agent of tfte Crty of fawa City Certificate of oo~rpaney stroll not be issued to arty structure if 1 the building falls to comply witfi this section. ~ '~ ' b. Annual tests wilt,be conducted by the Iowa Cily.Fire Department in conJutrctlon with inspection procedures. ~} V ~ - _ W. Section 907.3 of the 18C. Mod'rfy by adding a sentence to a end of the section to read as fellows: Where in the opinion of the code official manual fire alarm boxes maybe used to cause false fire alarms, the ~~ _ cede official is autharizad to modiTy.the requirements for manual fire alarm boxes. ' WW. Section 807.(1 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: ~~ ~ ~ Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall pro- ~ ~ vide a sprinkler control valve and waterflow device for each floor. y XK. Section 947.13.3 of the 1BC. Add a section to read as fiollows: s Section 9D7.8.3 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 an an easily readable ' map of the building. YY. section 967,14 of the IBC. Modify Section 807.14 by adding two sentences Eo the end as follows: ~ Each address point identification, shall have an alphanumeric descriptor location. Alphalnumeric descriptor ~ ~ locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. ' ZZ. Section 810.3.2.2 of the l$C. Deieta section and replace with: Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatica]ly by actuation of aheat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. n B . Add a new section to read as follows: • 912.6 Size. Minimum fire department connection size shaft be 2 _ inch National Standard Thread. ' l BBB, Section 1009.2 of the IBC. Modify by adding the number f to the exception and adding a second exception ' as follows: ~ EXCEPTION: f. Spiral stairways complying with Section 1009.9 are permitted a 78-inch (1981 mm) headroom clearance. ~~ 2. Stairs within ind'nirdual dwelling units of Residential Group R occupancies that existed prior to - 8l28J02 (adoption of the 2000 IRC} are permitted a 78-inch headroom clearance. l t CCC. 5ectivn 1009.10. Exception 4 and 5 of the IBC. Modify by deleting exceptions 4 and 5 and insert in lieu there- 1 ~ of the following: ! 4. In Group fl-3 occupancies, a change in elevation consisting pf three or fewer risers at an entrance # or egress door does not require handrails:' ' ' S. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in r Group R-2 and R-3 occupancies do not require handrails. l DDD. 5actibn 1()20.1.7 ofi tthe IBC. Modify Section 1020.1.1 by adding a sentence to the third unnumbered pars- grdph as follows: Fire dour assemblies in exit enclosures of R-2 occupancies shalt also be automatic closing by actuation of a Smoke ; detector. EEE. Section 1025.2 of the IBC. Modify by amending the exception by numbering it'1," and by adding a second exception as follows: EXGEPTION: 1} In assembly occupancies where there is no welltlehned 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 at egress is not less than 100 percent of the required width. 2) The main entrence/exit o1 A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. FFF. Section 1026.1 of the iBC. Modify by deleting the exceptions and insert in [feu thereof the following: l 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 4{14 provided the balcony provides access to an exit and the dwelling unft or sleep- ; ing room has a means o1 egress that is not open to the atrium. 2. High-rise buildings in accordance wish Section 403.. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms ttrat VVi have an exit door or exit access door that opens directty into a public way or tv a yard, court or exterior exit balcony that opens to a J. public way. r{ 4. Basements without habitable spaces and having nv mare than 200 square feet in floor area shall not be F~ 1 required to have emergency and escape windows. ` GGG. Section 1026.1.1 of the ISC. Add a new 5ectivn 1026.1.1 in the IBC as follows: f7``I 1026.1.1 Location. Fhe emergency escape and rescue opening in anon-habitable basement shalt be focal ed a reasonable distance from the internal access paint. This distance shall not tre less than one-half (112) of the distance from the j bottom of the interior stairs to the most remote exterior wall. HHH. Section 1 of ttjg~. Modify by adding an exception as follows: • EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space r "~ in an existing basement, the maximum sill height may be measured from an elevated landing net less than 36 inches wide, Trot less Ihsn 18 inches out From the interior finish of the exterior wall and not more than 24 inches in height. The landing shaft ha perma- nently affixed to the floor below and the wall under the window it serves. lit. S~r7ion 1026.4 of theJEC. Delete Section 1026.4 and insert in lieu thereof the following: 1026.4 Operational conatrafnta. Emergency escape and rescue openings shaft be operational from the inside of the room without the use of keys, tools, special knowledge or effort. Bars, grilles, grates or similar devices are permitted tv be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool ar force greater than that which is required Ior normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Section 907.2.10 regardless at the valuation of the afleration. JJJ. Section 11126.6 of the IBC. Add a new Section 1026.6 to the IBC to read as fellows: Section 102fi.6. Emergency escape windows under decks and porches. Emergency.escape windows ase ~ allowed to be instaE3ad under decks and porches provided the locaflon 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. KKK. Ct~pter 71 of the leC. Delete Chapter 11 In its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall ba accessible to persons with disabilities as required by 66f-302 of the Iowa Slate Administrative Code. LLL. Section 1207 of the iBC. Modify by deleting Section 7207 in its entirety. ' MMM. Section 12D9.2 of the IBC. Modify by deleting Section 1209.2 in its entirety and insert in lieu thereof the follow- Ing: 1209.2 Attic spacea. In buildings with combustible ceiling ar roof construction, an attic access opening shall } be provided to attic areas that exceed 30 square feet (2.8m2) and have a vertical height of 30 inches (762 mm) or greater. The open- ~ ing shall be located in a corridor, halhvay, or other readily accessible location. The opening shall not ba located in a closet; bathroom, mechahical room, laundry room, or similar room or location. Attics with a maximum vertical height o1 fees than th'srty inches need rwt be provided with access openings, ti NNN. Section 1403.5 and 1403.6 of the iBC. Delete Section 1403.5 and 1403.6 of the IBC and inserE in lieu thereof the following: Section 7403.5. See TITLE 14, CHAPTER 5, ARTICLE J Ffvod Plain Management Standards in the City Code. DOO. Delete Section 1405.12.2 of the IBC. ~_ ~ PPP. SE+ctfon G2406.2 (303.31 Prohibited locations o7 the fRC. Modify by deleting excepfons 3 and 4. fX1Gt. Section G2415. (404.2) Prohibited locations of the IRC. Modity by deleting the fast sentence. RRR. Part VII Plum~bi g~pt~rs 2~throygh 32 inclusive of the tAC. Relate Part VII Plumb[ng Chapters 25 ~~ through 32 incusive of the IRC and insert the following: ~ Pert Vll Plumbing, Chapter 25 - Section P2501 GENERAL.. _ .. _ -- -- ~ ~ ~~ ~ ~- r ~. ~ b c~~ ao ~~ _ ~_ _, _ _ ~~ ~ ~ ~ `P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, at the Iowa City Cods. SSS. Chanter 27 of the l~C. Delete Chapter 27 of the IBC and insert the fallowing; Chapter 27 Electrical ~'~C. Sectlon 2701.1 Scope. Electrical systems shall comply with Tdle f7, Chapter 3, vt the Iowa City Code. bb ~ TTT. Cater 29 ofs6e _fBC. Delete Chapter 29 of the IBC and insert the following: Chapter 29 Plumbing Systems 5ectlon 2901.1 Scope. Plumbing systems shall comply with Tr0e 17, Ghapier 2, of the Iowa City Code, UUU. Sectlon 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 32.4 Elevator car to eccommadate ambulance stretcher. In buildings four or more stories above grade plane or tour or more stories below grade plane, at least one elevator shalE be provided for fire department emergency axess to all floors. The elevator car shalk be of such a size and arrangement Eo accom- modate a 24-inch by 84-inch {610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the intemaiional symbol for emergency medical ssnrices {star of IifeJ. The symbol shall not be less than 3 inches {7fi mm} high and shall be placed inside on both sides of the hoislway door frarne. VW. Part VIII Electrical. Chanters 33 through 42 inc_lusnre of the IRC. Delete Part VIII Electrical Chapters 33 through 42 intiusive of the iRC and insert the fotiowing: Part VIII Electrical, Chapter 33 Section E3301 GENERAL E3301.1 Applicability. Electrical systems shall comply wsth Title 17, Chepier 3, of the Iowa City Code, VVV+tW. Section 3410.2 of the IBC. Delete the first sentence of Section 3410.2 and insert in lieu thereof the following: ~ 3410,2 Applicability. Structures existing prior to effective date of this ordinance and in which there is work imohring additions, alterations or changes of occupancy shall be made to conform to tiro requirements of this section or the provi- i sions of Sections 3403 through 3407. 3 17-1.4: PENALTIES FOR VIOEATION: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this code. SECTION VI. EF~CTIVE DATE, This Ordi-Hance shall be in effect after final passage, approval, and publication as pro- vided by law. Passed and approved this 16th day of October, 2007. SlROSS Wilburn, Mayor Attest: sJMariarr K. Karr; Ci3y Clerk .73831 ...._ ~T. ~ _ _ _ October 24,2007 ~ r :~.:.®~~ ~! ~ni_ ~ CITY OF IOWA C[TY 410 East Washington Street ]owa City, [owa 52240-1$26 [319) 356-5000 (319J 356-5009 FAX www.icgov.org STATE OF IOWA } }SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4286 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and pubCished in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~~V Ju ~ .Voparil Deputy City Clerk g~. ~ ~ ~ ~u~ ~o v r `Y ~ ~. off= ~~~b Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ~, I t~S Di:ee~ka, 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 ~~`~` day of A.D. 20~~. _ _~, ~.,~., - • ar .Public .--~-~------- ,...,e u~aA ~orz ,S'°~~ CpmmisSion Number 732619 ~,y Comsnisslor~ Expires Jenueryr 27. 2DD8 a.oo b V r - - `fib OFFICIAL PUBLICATION ~ OFFICIAL PUBLICATION OFFlCWL PUBLICATION ORDINANCE N0. D7~286 AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, OF THE IOWA CITY CODE OF ORDINANCES, BYADOPTING THE 2008 t EDITION OF THE UNIFORM PLUMBING CODE, W[TH CERTAIN AM£NDiill£NTS, TO REGULATt: THE PRACTICE, MATERh ALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIX- TURES, APPLIANCES AND APPURTENANCES fN CONNECTION WITH VARIOUS PLUMBING SYSTEM5, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND lNSPECTiON OF PLUMBING IN57ALLATIDNS AND THE COLLECTION OF FEES, AND t0 PROVIDE PENALTIES FOA Y10LATIONS. Be it ordained by the Council of the City of Iowa City, Iowa: SECTION 1. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, yr Plumbing Gode, end may be so Gted. w i SECTION Il. PURPOSE. It is the purpose of this ordinance to adopt the 2D06 Edition of the'Unrform Plumbing Code as preparod and edited by the international Association o1 Plumbing and Mechanics! Officials, and to provide certain amendments thereof; to provide for Ehe protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code; and to provide penalties for violations of the Plumbing Coda, SECTION iiI. SCOPE. This ordinance shall apply io and govern plumbing, as defined in the Plumbing Code, including the prac- tice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the toltovrtng: sanitary drainage or storm drainage facilities, the venting system, end the public or private water-supply systems, within yr adjacent tc any bullding or other structure, or conveyance; also the practice and materials used in the installation, maintenance, extension yr alteration of the stomtwater, liquid wastes or sewerage systems, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECT40N iV. ADOPTION OF PLUMBING CODE. Section 17-2 in its entirety of the Iowa City Coda is hereby repealed and the fol- lowing new Section 17.2 is added. 17-2-1: CODE ADOPTED: Subject to the amendments described in Section 17-2-2 below, Chapters 1 through i6 of the 2006 Edition of the Uniform Plumbing Code promulgated by the lntemationa4 Association ai Plumbing and Mechanical Officials are here- by adopted and shall be known as the Iowa Ciry Plumbing Code or the Plumbing Coda. 17-2-2: AMENDMENTS TO CODE: The Plumbing Gale adopted by Section 17.2.1 of this Code is hereby amended as follows: Delete Section 101.5.6 in its entirety and insert in lieu thereof the following: t0i.5.S IJloved Buildings. Plumbing systems wFirch are part of buildings ar structures moved within or into this jurisdiction shall com- ply with the provisions of this Code for new installations except as provided for in Section 103.5.5.2. Delete Section 102.3.1 in its entirety and insertt in lieu thereof the fofsawing: 7D2.3.1 Violations. !t shall be unlawful tar any Berson, firm 4r corporation to erect, rAnstruct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain arty plumbing or permit the same to be done in violation of ttris Code- Violation of any provision of this ordinance is a municipal infraction. Defate Section 102.3.2 in its entirely. Delete Section i03.1.i in its entirety and insert in lieu thereat the following: 103.1.1 Permits Required, it shall be unlawful far any person, firm ar corporation to make any installation, alteration, repair, replace- ment or remodel any plumbing system or fire sprinkler system regulated by this Cade except as permitted in Section 103.1.2, or to cause tho same tv be done without first obtaining a separate plumbing peirnit im each separate building or structure, Add Section 103.1.2.3 103.1.2,3 The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliarxe is installed at the same location and it is not necessary to remove, replace, alter, or instals any piping. Exemption from the permit requirements of this Code shalt not he 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. 1D3.t,3 Licensing See Section 14.5L. 103.2 Application For Permit Add Section 103.2.4 Oualificaiions of Permittee: 1. A permit may ba issued to any person holding a valid master plumber license issued by the City or to any plumbing company which employs a duly licensed master plumber an a fuU-time basis. 2. A permit may be issued to the owner of an existing owner~ocupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personaiiy purchase all material and perform all tabor in connection there- with. All work shalt comply with this Article. 3. A permlt may be issued to the holder of a valid sewer and water service installer's license for the installation of a bullding sewer and water service onty. 1 4. A permit may be issued For the installation of gas piping to any person holding a valid gas pipe installer's license issued by the City or to any rnmpany which employs a duly licensed gas pipe installer. 5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of fire sprinkler systems p'rovsd- r3d the licensee is employed by a fire sprtnkler contractat with either at least one T~fCET Level Ill certified person or an engineer Lensed in the State of Iowa with experience in lire protection sprinkle- systems on staff. Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance stating the liability amounts established by resolution of the City Cauncit, and the City shalt be named as an additional insured. The policy shat! also provide for at least thirty (3DJ calendar days' notice by the insurer io the City of termination of the policy by the insured or insurer. Plumbing permits issued under Subsection 103.2.4-2 shall be exampled from this insurance requirement. 1D3.4 Fees Delete Sections 103.4.1 and 103.4,2 and add Section 103.4 as follows: 1 D3.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of the City Council. 103.4.4 investigation Fees: Work Without a Permit. Delete Section 103.4,4 in its entirety and insert in lieu thereof the following: 103.4.4 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall ba collected whether or not a permit is issued, The payment of such fee shall not exempt any person 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 lt is demonstrated that ah emergency existed that required the work to be done without a permit _, iD3.4.5 Fae Refunds, Delete Section 103-4,5 in its entirety and insert in lieu thereof the fallowing: 103.4.5 Refunds. The Building Official may authorize the refunding of any tea paid hereunder which was erroneously paid or col- lected. ' The Building Official shall not authorize the refunding of any tea paid except upon written application filed by the original permittee within one hundred eighty (18Dj days from the date of.fee payment. Add Section 103.9 Appeals Any person aggrieved by a dedston of the Building Official with regard to the Plumbing Code may file an appeal as provided In Section 17-12 Appeals. Section 202.6 ' Section 202.0 is amended 4y adding She foNawing definitions: Fire Sprinkler Installer -any parson licensed tv install only fire sprinkler systems. Gas pipe installer -any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas out- ` lets. yk Plumber, apprentice ,any person who works under the supervision and guidance of a skilled Journeyman or contractor far the purpose of teaming the plumbing trade. - --- r o ~ p~.3~~ Plumber, inactive ~-any licensed plumber who is net currently employed nor actively participating in the plumbing trade. Plumber, journeyman-any properly licensed person who is allowed to install plumbing only under the employ of a master plumber. Plumber, master-any properly licensed person who undertakes or offers to undertake, plan for, lay out, supervise or peRorm plumbing work with or without Compensation. Sewer and water service installer-any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. Section 412.0 Delete Section 412.1 through 412.3 and Table 4-1 in its entirety and insert in lieu thereof the following: 412,1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4.1. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the 2006 International Building Code in Section 1004 and Table 1004.1.1. The established occupant load shall be assumed to be ane- halt (~ male and one-half (~ female unless sufficient evidence to the contrery is supplied to the Authority Having Jurisdiction. Exception: When Eoilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largess shift. ' 412.2 Buildings wish Ehe total occupant load of less than sixteen (i6} may provide the required fixtures in a unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of sixteen {1fi} or mare shall provide separate facilities for each sex. OFFICIAL PUBLICATION OFFICIAL PUBLIGATION ~ OFFIGIAL PUBLICATION Table 4-t' ~ Fixturs3s Per Person' ~ TypaafBudding~ WatarCfosets/tAinalsB' Lavatarres° Bathtubs t7rinMng~ orOacupancy or Fountains ' Showers Mate Fema!' Male Fernak ' For empbyee orstaff use in 1:1-15 1:1-15 1 foreach 2 water dosets 1:30-150 ap occupancies except Indus- 2:1635 2:1635 or urinals And one for trsal warehouses, vorkshops, 3:3655 3:3655 each factodes, foundries and stmt- additional tar establish menu 300 persons Over55, add 1 fixture for each additional 40 persons. For employeeorstaffusein 1:1-10 1:1-10 lforeach2waterdosets 1 per150 j industrialwarehouses,u~ork- 2:11-25 2:11.25 or urinals shops, factories,foundries 3:2650 3:2650 and simi[arestabl"shments 4:515 4:51 75 5:76-100 5:76-100 ~ ~ Over 100, add 1 fixture for ~ each additional 30 persons ~ For public usewdhin t:1-30 1:1-15 1:1-75 1:1.30 ~ Assembly places, i.e. 2:31-75 2:1630 2:76-200 2:31 1D0 4: 1 150 theaters, auditoriums, etc.. 3:76-125 3:3150 3:201-000 3:101-200 ~ 4:126-200 4:51.100 4:201-300 2:151-000 5:20100 5:1D1-150 5:301-000 6:301-000 6:151-2D0 3:401-750 7:201-250 and one ! 6:251-300 - additional 9:341-350 fixture for I 10:351-004 each addtional 500 persons Over400, add Over400, add Over4Dfl, add 1 fixture ' 1 fixture for t fo¢ure tot per 400 persons each 200 each 125 fe- males males Donntodes-school orl3bor 1 per10 1 per8 i per12 1 per12 1 per8 7 per 150 Add 1 facture Add 1 fixture Over12, Over12, Over 150, r foreach 25 foreach 20 add 1 per add 1 for add 1 per I males aver 1 D femabs over each 20 each 20 20 8 males fema~s ' ~ kospitals ' j IndiNdual room i perraom 1 perroom 1 perroom ~ Wardroom 1 perfibeds 1 perlDbeds 1 per20 i beds Inatltutional-other than 1 per25 1 per20 i per10 1 per10 1 per8 1 per150 ~ hospitals or penal nstitutions ~~.~~~ O!lfca ar pnblfe buDdlnpa Forpubiicusewithinofficeor 1:1-50 1:t-15 lforeach2waterclosets lfor 154 publcbuildings 2:51104 2:1fi35 vrurinals and etor - 3:1 D1-150 • 3:3655 each 44 4:151-200 4:55-100 additional 5:201•d00 5:141-i50 persons 8:151-204 7:241.254 8:251-300 9:300.350 iD:351~OD ` Over440, add one fixture for each additiona1500 males and one fvr each 150 females ' For employees orstaf(in 1:1-15 1:1-15'- 1 foreach 1:30-150 ' offcee or publb building 2:1635 2:1635 2 water And one for 3;3655 3:3655 cosets yr each urinals additional 300 parsons VYhotesale10andretail 1:1-250 1:1-254 1 foreach 2waterclosels 1 foreach i stores 2;254.544 2:250~OD or udnats pairof 3:501-T50 3 401~D0 restavm 4:751-1,040 4:601~6D tacifties ~ 5:601.1,000 } Over1,000 Over 1,000 ~ add 1 fixture add 1 fixiure • for each addi- foreach addi- ' tional 504 tional 400 te- ~ males males J Restauranffi°.which do not 1:1-50 1:1.50 1 foreach 2 water closets 'servealtohol 2:51-100 2:51-100 orurinais j 3:101-175 3:101-175 4:i7E-340 4:176-340 Over 300, add 1 tixture per 240 additional persons Restaurarrts°which serve 1:1-30 1:1-30 1 foreach 2 waterclosets i alcohol, pubs and lounges 2:31.60 2:3154 or urinals ~ 3:61-140 3:fi1160 4:101.150 4;101-t 30 i $:151.206 5:131.160 ( 6:241-275 6.161200 1 7:276-004, ~ f :3D1~00 8 Over440,adtl Over40D,add - 1 fudurefor 1 fixturetor each 175 ~ each 150 te- males males ~ Sehnds°-tmsrirdentuse: 1'P 1 ,..~ ~h Nursery 1:1-20 1:1-20 1:1-25 1:1-25 1 par156 ' 2:2150 2:2150 226$0 22fi50 Over50, add 1 facture foreach Over54, add 1 fadure i additional'S0 persons each additional 50 per- I ~ sons ~ Elementary 1 per25 1 per25 1 per35 1 per35 1 per150 Secondary 1 per30 9 per30 1 per40 1 per40 i per150 I Others(calleges,universdies, 1 per30 1 per30 1 per4D 1 per40 1 per150 ~ etc.) ' }Worship places: ~ Educational and activities unit 1 per125 1 per125 1 foreach 2watercfosets 1 per15D ~ oruenals And one for i each additional 340 persons Prlndpatassemby place 1 per150 1 per15D 1 foreach 2 waterclosets 1 per150 i or urinals And one fvr ' each I additional 300 persons ~i ~~ ~ ~ B 1 Dweldngs:` Singb~amily i 1 perdwetling 1 perKraterGOSet 1 perdwel!- ing i Muni-family 1 perdwel[ing unit 1 perwater closet 1 perdwell- ing unit E Penal instltiuutlvns: Cell 1 percet[ 1 percell 1 perfloar Exerdseroom 1 perexeroiseroom 1 perroom 1 perroom ! f F Notes to Table 4-1: 1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for the number of persons indicated. 2. Building Categories: Building categories not shown on this Table shall be considered separately by the Authority Having Jurisdiction. 3. Drinking Fountains Required: There shall he a minimum of one (1) drinking fountain per occupied floor in schools, ihe- atess, auditoriums, dosmitasses, otfices ar public braidings. Where breakraom sinks or water dispensers or coolers are accessible a required drinking fountain may be eliminated. A drinking fountain shall naE be required in occupancies of 30 or less. prinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms. 4. Laundry Facilities: One automatic washer standpipe Por each dwelling unit far single-family or duplex. For multi-(amity apartment buildings, one standpipe for each ten (i0) apartments ar fraction thereof. 5. Kitchen Sinks: One (1) for each dwelling unit. fi. Washbasins: Twenty-four (24} lineal inches {609mm) of wash sink or eighteen (18) inches {456mm) of a circular basin shall be considered equivalent to one lavatory when provided with wafer outlets for such space. 7. General Psovisions•. in applying this schedule of iaciiities, consideration must bg given to the accessibility of the fixtures. Purely numeric conformity may net result in an instellatian suited to the need of the individual establishment. Fvr example: Schools should be provided with toilet facilities an each floor having classrooms end in temporary working facilities, one water closet for each thirty (30) persons. 8. Restautasrts: A restaurant is def"med as a business which sells food to be consumed on the premises, Employee toile! facilities are not to be Included in the above restaurant requirements. Band washing facilities roust be available in the kitchen for employees. 9. Whenever urinals are provided, the total number of fixtures required may be a combination of water closets en_d urinals. The number oS wales closets in such cases shalt not be. reduced to Tess than one-third (1I3) of the total number required. Section 603.2.3 is deleted. ~ ' Delete Section 603.4.12 in its entirety and insert In lieu thereof the following: fi03.4.12 Potable wator supply to carbonatars shalt be protected by a stainless steel dual check valve with an atmospheric vent as approved by the Authority Having Jurisdiction for the specfic use. Delete Section 604.2 in its entirety and insert in lieu thereof the following Copper tube for water piping shall have a weight of not less than Type M copper tubing. F~rception: Copper tube for underground water piping shall have a weight of not less than Type K copper tubing. j Delete Section 605.2 in its entirety and insert in lieu thereof the fallowing: 605.2 Independent fullway vahras shall be installed on the supply and discharge sides of each water meter. Water piping supply- ingmore than one building an any one premises shall be supplied with separate fullway valves to each building. Such shutoff valves shall be accessible at aft Eimer. A fullway valve shall be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shalt toe inslailad on the cold water supply pipe to each water heater at or near the water heater. Delete Section 701.1.4 in its entirety and insert in lieu (hereof the following: 701,1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of.copper tube Type.l_.. Add New Section 701.1.5 as follows: 701.1.5 Copper tube for aboveground drainage and vent piping shelf have a weight of not less than that of copper tubing Type M. Exception: Type DWY may be used in one and two-family dwellings. Section 703.1 Delete Section 703.1 in its entirety and insert in lieu thereof the following: 703,1 The minimum sizes of vertical endior horizontal drainage piping shall be determined from 8re total of all fixture units connected thereto, and additionally, in the case of vertical drainage pipes, in accordance with their iongth. There shall be a! least one four {4)-inch (100mm) drain pipe from the sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in diameter. I Section 71D.1 I Delete Section 710.1 in its entirety and insert in lieu thereof the following: 1 710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curh or property line at iha point where the building sewer crosses under the curb or property line and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from backttow of sewage by installing an approved type backwater valve, and'. each such backwater valve shall be installed only in that branch ar section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements at this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the governing body, based on local conditions. Section 717.0 Section 717,0 is amended by adding the following sentence to the end of tho section: The minimum size of any building sewer shall be four {4) inches {100mm). , Section 807.4 ' Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishwashing machine she]] be directly connected to a drain-age system or food waste disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the dishwashing machine or the discharge line of the dish- washer is looped as high as possible near the flood level of the kitchen sick. Listed air gaps shelf be insta[[ed with the good level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. Delete Sections 903.2.1 and903.2.2 in Its entirety and Insert in lieu thereof the following: 903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube Type L. 803.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 904.1 ~ Section 904,1 is amended by adding the following sentences tv the end of the paragraph: Each building shall have a vent stack or stack vent equal in s¢e or larger than the required building sewer tturt shall i extend through the roof undiminished in size. In residential buildings of four (4) stories or less, a three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels. Section 905,7 New 5BC0an 905.7 is added to read as follows: ,~ 90.6.7 to all new residential corsstrrxtion with a basement, at least one two-inch (2'} dry vent shelf be availably in the basement. Section 906.3 Delete Section 906.3 in its eralrety and insert in lieu thereof the'followina: v~- ~ ~ ~ ~ v nom.-~;~ Q ~ C'.~1 908.3 Vent pipes shalt be extended soparatey or combined, the full required size, not less than twaHe inches (12"} above the roof or fire wall, Fiagpogng of versts is prohibiSed except where the roof is used tar purposes in addition to weattrer pmtectinn. Alt vents , within tan feet (10~ of any paA,af the roof that 4s used for such other purposes shall extend not less than seven feet [7') above such root and shag be securey stayed. Delete Section 906.7 in its entirety and insert in lieu thereof the following: 906.7 Frost or Snow Ctostsse. Vent tennlnals shag be a minimum of three (3) inches (80 mm) in diameter but in no case smaller than the required vent pipe. The change in diameter shalt be made at least one (t) foot (305 mm) below the roof in an insu- lated space and terminate not less than one (1) foot (305 mm) above the roof. i Delete Table 10-1 in its entirety and inseA in ilea thereof the following: TALE 10-1 Horimntal Distance of Trap Arms (Exce{tt for wafer Josef •and smilarf"ixtures)' Distance Tra p Arm T[2l~eRt (inches) (Feet) 1 ....................................................................,..............................5 2 ............................................................ _-....................................... l3 3 .................................................................................................... t 2 4 and larger ...........................................................................12 Slope shall be onet{uarler inch (_")per foot. ~`Thedevebped length betweeen the trap of a watercloset orsimibrTixture [measured framthe top of closet ring to inneredge of vent} and its vent shall not exceed six feat (ti'). Slope shall be one-quarter inch (_"} por foot. 'The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shah not exceed six feet (6'). Section 1205.3 Deteto Sect'son 1205.3 in its entirely and insect in lieu thereof the following: 1205.3 !t shall be unlawful for any serving gas supplier, or person famishing gas, to tam on, or install any fuel gas or any gas meter or meters unless the valve is fumed off and securtafy locked, unfit inspected and released by the Authority Having Jurisdiction. Section 1211.3.2 is amended by adding the following to the end of the section: (5) Fittings for CSST systems shag not be installed in concealed locations. 17-2-3r Cross Connection ControS - Provisions. 1. petnitions. The following definitions shall apply any to this Section For the purpose of this Section, these defintions supersedo definitions given elsewhere in this Code. a. Approved backtlow prevention assembly }or oontainmeni. A backflow prevention assembly listed by the University of Soufhem California -Foundation tar Gross Connection Control and Hydraulic Research as having met fhe require- ments of ANSI-AWWA Standard C514-89, Double Chec& Valle t3ackflow-?revention Assemblies or ANSI-AWWA Standard C511- 69, Reduced-Pressure Principle Backflow-Prevention Assemblies, aN as amended, for containment. The listing shall include the fim- itatlons of use based on the degree of hazard. The bacMlow prevention assembly must also be fisted by the Intemationat Association of Plumbing and Mechanivat QtCrcials. b. Approved backflow prevention assemby for cantainmeni In a fire protection system. A bacldlow prevention assembty to be used in a gre protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters laboratory (US.}, in addition to the requirements Of paragraph 1(a). c. Auxiliary water supply. Any water sappy on or available to the premises other than the approved water provider of public water such as, but not limited to, a private well, pond ar river. d. Containment. A method of backflow prevention which requires the installation at a bacMlow prevention assemby at the water revive entrance. e. Cross connection. Any connection ar arrangomeni between a potable water sappy system and any plumb- ing fixture pr tank, receptacle, equipment or device, through which it may be possible for nonpotabla, used, unclean, polluted and contaminated water os other substanco to enter Into any part of such potable water system under any condition. f. Customer, The owner, operator ar occupant of a building or a property or of a private water system wfiich has a water service from a public water system. g. Degree of hazard. The rating of a cross connection ar wakes service which indicates the patentiaf to cause contamination or poltulipn. h. Double check valve backtiow prevention assembly. A backflow prevention device consisting of rivo (2} inde- pendently acting, intemaly loaded chock valves, four {4) property kxated test plugs and two (2) isolation valves. (Backflow pre- vention assemby used for low hazard.) i. High tsazard crass connection. Across connection which may impair the quality of the pvtabie water by cre- ating an actual hazard to public health through poisoning or through contamination with sewage, indusMal Nuids or waste. j. isolation. A method of backflow prevention in which a baekflow prevention assembly is located of the cross connection salher than at the water service entrance. I k. Law hazard cross connection. Across connection which may impair the quality of potable water to a degree S which does not create a hazard to public health but which does adversey and unreasonably affect the aesthetic qualities of such potable water for domestic use. ' ' 1. Reduced prossure principle backgow prevention assemby. A hackflow prevention device consisting of two (2} independengy-acting, internally-loaded check vetoes, a d'rlterential pressure relief valve, four (4) property located test plugs and two (2) isolation valves. (Backflow prevention assembly used tos frigh hazard.) m. Registered backflow prevention assembly technician. A person registered with the Iowa 5fate Health Department or its successor agency to tea[ or repair bacMfow prevention assemblies and to report nn the condition of those assem- blies, n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o- Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, propety or private water system or the act of providing potable water to a customer. 2. Authority Having Jurisdiction. a. For the purposes of 17-2-3 only, the Authority Having Jarsdiction is the City Council eating through such per- sons or agencies the Gity Council shalt designate. b. The Authority Having Jurisdiction shag have the right to enter any property to irtspset for possible cross oan- nection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. - - - `a o d. The Authority Having Jurisdiction shall maintain~reoords of cross connection hazard surveys and of the instal- lation, fasting and repair of all backflow prevenfion assemblies installed in this Gity. 3. New water services. a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new water services to determine the degree of hazard before a permit is issued. b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for can- teinmeni based on the degree of hazard. c. The Authority Having Jurisdiction shalt require the installation of the appropriate backflow prevention assem- bty for vontainment before the initiation of water service. 4. Ex'ssting water services. a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3. b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of standards used to determine the degree of hazard. c. After publication of the standards, the Authority Having Jurisdiction stroll give written notice of the provisions of this Section to customers whose premises are classified as single-fatuity residential. d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise survey will be conducted by the Authority Having Jurisdiction to determine the type and degree of any hazards to the potable water system. e. The Authority Having Jurisdiction shall determine the typo of backflow prevention assembty required for con- tainment based on iha degree of hazard, as determined tram infamration received from customers or gathered through on-premis- es investigations or surveys. f. Within the lima frame specified, in writing, by the Authority Having Jurisdiction, the customer shall install a bacMlow provention assembty for isolation and contain-ment as required by the Authority Having Jurisdiction. g. For existing water services, the Authority Having Jurisdiction may inspecE the premises to determine the degree of hazard. W hen higfi hazani Cross connac-tiarrs are found, the administrative auttrority shall, at its sole discretion: 1 } devel- op aschedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assem- bty for contain-ment required by the Authority Having Jurisdiction has been instal]ed. h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed 1o have a high hazard cross connection and that said customer sfiall install backflaw prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this Section. 5. Customer. a. The customer shall be responsible for ensuring that no cross connections exist without approved bacMlaw protection within the customer's premises starting at the point of service from the public potable water system. b. The customer sfiali, at the customer's own expense, cause installaton, aperaticn, testing and maintenance of the bacldlow prevention assemblies required by the Authority Having Jurisdiction. c. The customer shat[ ensure the Authority Having Jurisdiction is provided with copies of records of the instal- lation and a1 all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) calendar days aster testing andlor repairs are completed. d. if a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water Division, tfie City of Iowa City Bacldlow Prevention Coordinator, andlor the City of Iowa Gity Plumbing inspector and take steps to confne the contamination or pollution. 6. Required backflow prevention assemblies for containment -water services. a. A water service having one or more cross connections which the Authority Having Jurisdiction classifies as high hazard stroll have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check valve assembly. 7. Required backflvw prevention assemblies for containment • fire protection systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire pro- tection systems which the Authority Having Jurisdiction determines io have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Snlerconnecfionsveith auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other industrial water sys- tems. 3. Antifreezes or other additives in the Tire protection system. 4. Combined industrial and fire protection systems supplied solely from the public water mains, with or without gravity stor- age yr pump suction tanks. 5. Any other facility, connection or condition which may cause oontamina-lion. b. All other fire protection systems shalt have a double check valve assembly. The double check valve shall be [squired an all new systems at the time o1 installation and on existing systems when they are upgraded. B. Baclcf[vw prevention assembly technicians. a. Any person who tests or repairs backflow prevention assemblies shaft be registered by the Iowa State Health pepartment or its successor agency. • - .b. A backflow prevenfion assembly technician registered.by the State shall include the technician's registration number on all correspondence and forms required by or associated with this Section. 0. In'siallatian of backflow prevention assemblies. a. A!i backflow prevention assembtles shall be installed so that they are accessible for testing as stated in Section 603.1 of 2006 UPC. b. The required backflvw prevention assemblies for containment shall be installed in horizontal plumbing imme- diately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream From any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from contamination or pollution between the backflow prevontion assembly end the water main. t. If interruption of water service during testing and repair of backflvw prevention assemblies for containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping, d. All newty installed shut-cif valves shall vonform to the requirements for either ball or resilient seat gate valves published in the current edition of the Manual of Cross-Cannedion Control (University of Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2"} and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two inches (2"). 10. Testing of backfiow prevention assemblies. a. Back[low prevention assemblies shall be tested by a registered backflvw prevention assembly technician, and the vests of tests required by this Section shall be paid by the customer. b. Sackflow prevention assemblies shall ba tested upon installation end shall be tested and Inspected at feast annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shalt be tested before operation resumes. Backllow prevention assemblies used in seasonal applications shalt be test- ed before operation resumes each Season. d. Any backflow prevention assembly which fails a periodic test shall bo repaired or replaced. When wafer service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resump- tion of water service. Backilow prevention assemblies shat! be retested by a registered backilow prevention assembly technician after repair or replacement. e. The registered backilow prevention assembty technician stroll report the assembly within fifteen (t 5} calen- dar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having• Jurisdiction. f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual bacldlow pre- vention assemblies as it sha[I doom necessary to verify Eest procedures and results. 1f. Repair o! bacidlow prevention assemblies. a. A!i repairs to bacldtow prevention assemblies shag ba performed by registered backffow preventivrt assem- btytechnicians. - - - - - -- - ~~ ~-~ ~I ~f f~ ~{ r~t } ~q ~~~ aQb~ ~. e Cam. ~ . ~~~4~~~ b. The registered bacldlow prevention assembly technician shall not change or modify the design, material or operationaE characteristics of a backflaw prevention assembly during repair or maintenance and shall use only original manufacturer replacxi-- ment parts. c. The registered backtlow prevention assembly technician shalt report the repair of a bacldlow preventior assembly with- in fifteen (15) calendar days of the repair to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the Ilst of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may he discontinued if a customer fails to comply with Section 17-2-3. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this Section. b. Removal of a backilaw p:evention assembly which has been required by the Authority Having Jurisdiction. c. Bypassing a backflow prevention assembly which has been required by the Authority Having Jurisdiction. d. ~ Providing inadequate backffow prevention when cross connections exist. e. Failure to install, test ancUor property repair a bavkflow prevention assembly which has been required by the Authority Having Jurisdiction, f. Failure to comply with the requirements of this Section. g. Deliberate falsification of documentation conneming the backflow prevention assemb[Ies or possible cross connections. 13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration company every two year; or sooner if recommended by the manufacturer. t7-2-4; GARAGE FLOOR DRAINS: Garages and other structures for the housing, sale, repair or for commercial washing of automobiles, which connect with the sewer, shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains shall be constructed with a device for catching sand, sits or other solids and shall have a seal depth of not less than six inches (6"} above the sand receiver. The drain outlet shall not be smaller than afour- inch (4') connection. All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron cover. Any place o1 busi- ness where gasoline, benzine, naphtha or other inflammable solutions or compounds are used ar kept shall be provided with spe- cial drains in the same manner as those required for garages. Such drains and traps must ~ approved by the Administrative Authority. Exception: In garages regulated by the Building Code the trap may be constructed with other watertight materials and the drain may be piped with two (2) inch PVC as approved by the AuUtority Having Jurisdiction. 17-2.5: CONNECTIONS TO THE PUBLIC SANITARY SEWER: A. The junction pieces, scants or wyes built into the sanitary sewer during construction must be used for connecting all pri- vatesewers or house drains unless special permission to use other means Is endorsed on the permit. s Be#ore making a connection to the public sewer, the plumber shat! excavate and clear a trench at the point of connection. The actual connection w,~h said junc- tion piece, slant or wye must be made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. B. if there is no junction p'sece, slant or wyes already in the sewer, the Wastewater Superintendent shall be notified that s tap will be necessary. The excavation shall be property prepared by the plumber and the sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the tap and install a sewer saddle for the plumber. C. In all cases, the excavation showing the connections shall be kept open by the plumber until the excavation has been inspected by the City. SECTION 5. REPEALER. All ordinances and parts of ordinances in vonflicl with the provi-sions of this Ordinance are hereby repealed. SEC710N fi. PENALTIES FOR VIOLATIONS. The violation of any provision of this ordinance is a municipal infraction as provided in 1.4-2D of this code. SECTION 7. SEVERABILITY. If any section, provi-sign or part of the Ordinance shall be adjudged to be invalid or unconstitution- al, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provisien or part thereof not adjudged invalid or unvansti-tutional. SECTION 8. EFFECTIVE DATE. This Ordi-Hance shall be in effect after final passage, approval, and publication as provided by law. Passed and approved this 16th day of October, 2DtT7. slRoss Wilhum, Mayor Attest; s/Marian K. Karr, City Clerk 73632 October 24, 20W ~ r t tel.:.®~~ :iRlll~ ,~ ~~~~~ -~a.a4_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 {319) 356-5000 {3i9) 35b-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. 07-4287 which was passed by the City Council ofi Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~~.V Voparil Deputy City Clerk Printer's Fee $~~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, I14 L2S D~Bt~eicka, 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 fo owin date(s)• ,~ , Legal Clerk Subscribed and sworn to before me this day of A.D. 20~r~. ~ ~ CorrtlrtLssion kutnt~er 732818 a k My Comtnfsston [xp€res " Jiaiuary 27, 2t~a OFFICJAL PUBLIGATION ORDINANCE NO. 07287 AN ORDINANCE AMENDING SECTION 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED 8Y THE INTERNA• T10NAL CODE COUNCIL, AND PRO- VJDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WEL• FARE AND SAFETY OF THE CITIZENS DF IOWA CITY, IOWA. BE IT QRDAINED BY THE GITY COUN- CJL OFTHE CITY DF {OWA CITY, IOWA: SEGJION L_PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the Intemational Mechanical Cade as published by Ehe International Cade Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and saf~- ty of the citizens of Iowa City, Iowa, acrd to provide for its enforcement. SECTION II. Sections 17-4-1, 17~-2, and 17.4.3 of the City Code are hereby repealed and the following new Sections 17~-1, 17-4-2 and 171-3 are enacted in lieu thereof. 17-4-1: Gods adopted: Subject to the following amendments, the 2006 Edition of the International Mechanical Code (EMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the Intemational Code Council, Inc., or She Intemational Existing Building Code. f 7~-2: IrttarpretaUOn of Mechanical Code provlsfona: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety aril welfare at the cit- izens of Iowa City. Any higher standards in the state statute or Gity ordinance shall be applicable. 17.4-3: Amendments to Coda: Tha following sections of the 2006 edition of the Intemational Mechanical Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code' with "National Electric Code" and replace "International Plumbing Coda" with "Uniform Plumbing Code'. B. Section 101.1. insen: "Iowa Cii~. C. $g~j4.p LU6.5.1. Delete Section 106.5.iand insert in lieu thereof the fol- lowing: Section 106.5.1 Work eommeneing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit Jf e permit were issued. This tae shall be col- lected whether or not a permit is issued. The payment of such tae shall not exempt any person from compliance with all other ~' provisions of this Code or from any penal- ty prescribod by law. Only the Building Official may reduce this fee when it is demonstrated that an emer- gency existed that required the work to bo done without a permit. D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the fol- lowing: 106.5.2 Permit Fees. the fee far each permit shall be as set forth in the mechan- ical permit fee schedule as established by resolution of the City Council. E. Section 106.5.3. Delete Section 106.5,3 and insert in lieu thereof the fol- lowing: 106.5.3 Refunds. The Building Official ~ may authorize the refunding o1 any fee paid hereunder which was erroneously 1 paid or collected. _ _~ j 'the Building Official shall not authorize the refunding of any tea paid except upon written application filed by the original pemtittee within one hundred eighty (180) days from the date of fee payment. F. Sections 108.4 end 1D8.5. Delete 5eptions 108.4 and 108.5. Section 109. Delete Section 109 in its ~ entirety and insert in lieu thereof the fol- ' lowing: Sectlan 109 Appeals. See Sedian 17-12 Appeals in the City Code. G. Section 106.2 Modify by adding part "9" as follows: 9. The replacoment of fixed appliances provided however that the replacement appliance is in the same location and has a ratiag equal to less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any addi- ticnal ductwork or piping. H. Section 304.x. Delete section 304.3.1. I. Section 504.5. Delete section 504.5 in its entirety and insort in lien thereof Ehe following: 504.5 Makeup air. All installations shalt be provided with makeup air with an opening of not less than 100 square inch- es or as required by the manufactures' specifications. J. Sec istA,5D6.3.~ Delete the following from the first sentence 'tin the presence of the Dods official". K. Section 506.3.12.3 Modify the para- graph by adding the tollowing'Where the exhaust outlet fronts an alley, the meas- urement may be taken from the center lino of the alley." L. Section 507.2.1.1. Delete section and insert in lieu thereof the following: Operation. Where commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall 6e interlocked wish the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with Fhe cook- ingappliances, by means of heal sensors or detectors, or by other approved meth- ods. Where a solenoid valve is installed in the gas piping as part of an intattotk system, gas piping shall not be installed to bypass such valve. SECUQN Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLA- TIONS: The violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this Code. SECTJON_V. SEVERABILITY. N any sec- tion, provision or part off the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pan thereof not adudged invalid or urtconsti- tutianal. SECTION Vl. EFFECTIVE DATE. This Ordinance shall be in effect upon line] passage, approval and publication as pro- vided by law. ,Passed and approved this 16th day of October, 2DD7. _ slRoss Wilburn,.Mayor. Attest: slMarian K. Karr, City Gerk 73833 October 24, 2D07 ~ r ~~.®~~' ~Ifl- ~ ~ ~®f~~ CITY OF IOWA CITY 410 Easr Washington Street Iowa City, Iowa 52240-1825 {319) 356-5000 (319) 355-5009 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. 07-4288 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the ~ 6th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~~ , J .Voparil Deputy City Clerk Printer's Fee $~_ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0334bT0 I, ~ l~~~i~l ~' 1 ~S B~cicka, being duty 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 /~~ t Legal Clerk Subscribed and sworn to before me this ~ day of A.D. 20 y `-~- _. ~~~ ~ _ ~ _ ublic jV1+~IDiRr - 4y Ctammisslon Nufnbsr 732619 blyt:ammi 202 moires aa- JarttsarY OFFICIAL PUBLICATION ORDINANCE N0. D7-4288 AN ORDINANCE AMENDING CITY, . CODE TITLE 17, ENTITLED "BUILDING AND HOUSING;' CHAPTER 13, ENTI- TLED "FUEL GAS CODE," BY ADOPT- ING THE 2006 EDITION OF THE 1NTER- NATIONAL FUEL GAS CODE PUB- LISHED BY THE INTERNATIONAL ~ CODE COUNCIL AND PROVIDfNG FOR CERTAIN AMENDMENTS THEREOF TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CfTY, IOWA. WHEREAS, the City of Iowa City is wn- sidering adopting international codes, including the International Building, Residential, Fire, and Mechanical Codes, that reference the 2006 Edition of the Enternational Fuel Gas Cade; and WHEREAS, it is in the best interest of Iowa City to adopt the 2006 Edition of the Intemational Fuel Gas Cade with certain , Iota! amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of tfiis ordinance is 1o adopt the 2006 Edition of the International Fuol Gas Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safe- ty of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECuON tl. Sections t7-13-1, 17-13-2, and 17-t 3-3 of the City Coda are deleted and the fallowing new Sections 1-3 era hereby added. 17-13-i: Code adopted: Subject to the following amendments, the 2006 Edition of the International Fuel Gas Code (IFGC) i5 hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas Code. Interpretations of the Building Official may be guided by publi- cations of the Intemational Code Council, Inc-, or the International Existing Building Code. 17-13-2: Interpretation of Fuef Gas Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection ~ of the health, safety and welfare of the cit- izens of Iowa City. Any higher standards ' in the state statute or Ciiy ordinance shalt be applicable. 17-13-3: Amendments to Code: The following sections of the 2006 edition of + the tntemational Fuel Gas Code are amended as follows: A. Modify entire code to reoiace "ICC Electrical Cods" with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plrgpbinc Code"• B. Section 101.1. Insert: "Iowa City' C. Section 106.2 Modifyr by adding Hart '3' as Blows: 3. 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 appli- ance being replaced, and it Is not neces- sary to remove, replace, alter, or install any addiiivnal ductwork or piping. i D. Section 106.5.1. Delete Section 1D6.5.1and insert in lieu thereof the fol- lowing: Section 106.5.1 Work commencing before permit issuance; Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit 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 person from compliance with all other provisions of this Coda or from any penal- . ty prescribed by law. Only the Building Official may reduce this tea when it is demonstrated Ehel an emer- gencyexisted that required the work to be -- _..... __..r_ _y...~., done without a pemllt. E. ~gption 106.5.2. Delete Section 106.5,2 acrd insert in lieu thereof the fol- ~pp lowing; 106.5.2 Permtt Fees. The lee for each permit shall be as seE forth in tyre mechan- s. ical permrt fee schedule as established by 1 resolution of the City Council. p F. Section 1D6.5~3. Delete Section ~ 106.5.3 and insert in lieu thereof the fol- lowing; 106,5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon ~ written application filed by the original permittee within ono hundred eighty (180) days from the date of fee payment. r G. ~o d Delete Sections 108.4 and 108.5. H. Section 109. Delete Section 1D9 in its entirety and insert in lieu thereof the fol- lowing: Section i09 Appeals. Any person aggrfeved by a decision o1 the Building Official with regard to the Intemational Fuel Gas Code may file an appeal as pro- vided in Section 17-12 Appeals in the City Code. L S~tion 303.3. Modify by deleting exceptions 3 and 4. J. S n 3 .1 Delete section 305.3.1. K. Section 404.1 Delete last sentence `Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping.' L. Section 505.1.1 Delete section and insert in lieu thereof the following; Operation of Commercial Cooking Appliances. Whero commercial cooking appliances are vented by means of a Type I or Type !I kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be • interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with the cook- ing appliances, by means of heat sensors or detectors, or by other approved meth- ods. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. M. Section 614.5. Delete 5edion 614.5 in its entirety and insert in lieu thoreof the following: 614.5 Makeup air. A!I installations will be provided with makeup eir with an opening of not less than 100 squaro inches or as requirod by the manufacturers' speciTica- tiORa. SECT1QN III nt FR, qll ordinances and parts at ordinances in conflict with the provi-signs of this Ordinance are hereby repealed. TI IV P NA IE R TIONS. Tha violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in Section 1.4-2D of this Code. T V. V . if any sec- tion, provision or part of the Ordinance shelf be adjudged to be invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional, SECTION Vl AFFECTIVE DATE. This Ordinance shall be in eftecE upon final passago, approval, and publication as provided by law. Passed and approved this 16th day of October, 2007. slRoss Wiltrum, Mayor Attest: sJMarian K. Karr, City Clerk 73$34 October 24, 2007 ~ r ~~ .~ ~ ter...®~ :~III~ ~ ,,~,y,~"~+~ -~.a.._ _ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3[9} 356-5000 (319} 356-5004 FAX www.lcgov.org STATE OF IOWA ) SS JOHNSON COUNTY } I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, laws, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4289 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. Julie oparil Deputy City Clerk Printer's Fee $ ' ~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~~~~ ~ns _ _ ._ Dit~ka, 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): ~ . Z~,~~ Legal Clerk Subscribed and sworn to before me this `~ day of A.D. za.Q~.~. ~- - _ ~-Notary-Public uNa~a~orz .. ,~~~ Corltfn~salan Numt~r 732619 o ~ 6+SyCommfssion ~cpires .lenusry 27, 2t)D8 , OFFICIAL PUBLICATION ORDINANCE NO. 07289 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE ` 2006 EDf110N OF THE INTERNATSON- AL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE ~ AND EXPLOSION HA2AADS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUB• STANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZ- ARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CTTY OF iflWA i CITY AND PROVIDING FOR THE I ISSUANCE OF PERMfTS. NOw, THEREFORE, BE IT ORDAINED I SY THE CITY COUtJCtL OF T1-tE CITY of town CITY, IDwA: 1. Section 1, entitled, "Fire Code Adopted,' is hereby deleted and the fo1- lawing new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on gle in the office at the Ciry Clerk of the City of Iowa City, being marked and designated as the lntemational Fire Code, 2006 edition, including Appendix Chapters. $, C, D, E, F, and G, as published by the lntemational Code Council, be and is hereby adopted as the Fire Code of the } City of Iowa City, in the State ofi tows reg- ulatingand governing the safeguarding of life and property from fire and explosion hazards arising from the storage, han- dling and use of hazardous substances, materials and devices, and from condi- tions hazardous to 1'rfe or property in the occupancy of buildings and premises as herein provided, providing fur the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Ciry Clerk arahere- by referred to, adopted and made a pan hereof, a5'rf fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the fallowing sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code,° is deleted in its entirety and the following new Secttan 215 inserted in lieu thereof: That the (vllawing sections are hereby revised: Section 101.1 Insan: Iowa City, Iowa Section 108. Delete Secllon 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in Ihis Code. Section 109,3 Insert: municipal infraction, as prescribed in 1-4-2. Section 111.4 Delete the remaining words of the sentence beginning with 'liable to a fine" and insert in lieu thereof ; "as provided for in a municipal infraction," That the geographic limits referred to in certain sections of the 2006 lntemational ! Fire Coda are hereby established as fol- 1 lows: Section 3204.3.1.1. The storage of flam- mable cryogenic fluids in stationary con- f ' lainers is prohibited in the entire City of Iowa City, Iowa. Excepifon: Zones 11&2, CI 1 andlar as approved by the Fire Chief. Section 3404.2.9.5.1.. The storage of e Class t and Class II liquids in above- " ground tanks outside of buildings is pro- _` hibited in the entire City of Iowa C+ty, i lows. Exception: Zones I 1 if~2, Cl 1 andlor as approved by the Fire Chief. y Section 34116.2A.4. The storage of ~ Class I end Class II liquids in above- E ground tanks is prohibited in the entire i Gity of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 andlor as 4 approved by the Fire Chief. I e~. ~~~ ~, o ~g~. Sectiori 3804.2. The storage of liquefied petroleum gas is prohibited in the entire ; City of Iowa City, Iowa. J{I Exception: Zones i 18,2, CI 1 arrd{or as I approved by the Fire Chief. f 5ectlon 102.1 Modify by adding a fifth ~ applicability requirement tv the end as fol- lows: ~ 5. A. A•2 Occupancies that existed prior to August 1,2007 with an occupant load ~ of 299 or more with an Alcoholic t Beverage Division License (ABDLI shall vomply with Section 903.2.1.2 by July f, 2010. B. A-2 Occupancies that existed prior to ~ August 1,2007 with an occupant load o3 54296 located on a floor other than tha~ level of exit discharge and with an ABDL shall Comply with Section 903.2.1.2 by, Duty 1,2013. + C. B Occupancies that existed prior to . AugusE i, 2007 located on a floor other ; than the level of exit discharge and with an 0.80E shalt compy with Section ~ ' 903.2.1.2 by July 1, 2013. I D. All A-2 Occupancies that existed prior to August i, 2007 with an occupant load ~ of 100-298 with an ABDL shaft Comply ; wish Section 903.2.1.2, provided that ~ there is a change in business ownership, { defined as the sale, transfer, yr assign- ~ meet of any legal or equitattle ownership I interest, except the! the owner may show to the building official's satisfaction that said change in ownership is one of lone and not substance. Section 104.1.1 Add a sentence to the end of the section to read as follows: The code official and members of the fire pre- ~ vanlion bureau shah 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 taStows: The Fire Chief may i appoint and designate such members of ~ the Fre Department as fire/police investi- . gators upon being certified by the Iowa Law Enforcement Academy. Fireipolice ' Investigators shall have the powers of a , peace ofllcer in performing their duties , under this Code, including full powers of i arrest to e4tectuate their duties aF antoro- ing city ordinances and state statutes. I Nciwifhslanding hislher status as a i peace officer, a firelpolice investigator i shalt be subject to the rute5 and regUla- tlons of the Iowa City Flre Department for ell purposes and shall perform such funs- tions as the Fire Chief shall assign. Section 104.72 Add a new section to read, as follows: The coda official Is ~ authorized to order an operation or use ' i stopped or the evacuation of any prrmis- ~, as, building, yr vehicle or portion thereof which has ar is a tire, life safety or health hazard. Section 105.2 Add a sentence to the and of the section to read as iotlows: Application for an operational permH shall be submitted with all required information not less than i4 days prior to the event requiring a pe~mlt. Section 1{18 Delete in its entirety. See 74- 5-M of this Cade, Section 202 Add a new definition to read ~~ as tottows: CODE OFFICIAL. The Chief I Officer of the Fire Department, the Flre ', Marshal, or the Chiefs authorized repre- sentative. Section 21x1 Delete the existing definition ~ coo ~ ~ ~.~. ~~ and substitute the following; . R-4 Residential occupar+cies shaft include buildings arranged fo- occupancy as res- idential care/assisted living facilities including more than • five but not more than 16 occupants, excluding staff. Group R-4 oaupancios shall meet the requirements for ronstniction as defined In the lntemational Building Code for Group R-3, except as otherwise provided for in that code. Section 307 See also 6.8 of this Cede. Section 307.1.1 Delete the section and replace with: Prohibited burring, 8uming that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or kscat cir- curnstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new sect'son to read as follows: Hours of operation. A parson shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless per- mitted and approved by the fire code offi- cial. Section 307.3 Delete the section and replace with; Extinguishment authority. The fire code officio{ is authorized to orderlhe extinguishment by the responsi- ble person pr the fire department of any burning that creates or adds to a haz- ardous or objectionable situation. Section 315.2 Add a senterce to the end ~ of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence o} incidental storage in ' any other area of the building does not 4 constitute a hazard. Section 401.6 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm sys- tem or upon notificatign by other means of detecting and reporting unwanted fire, all building occupants shots prorsspily evacuate the building. Building employ- ees and tenants shall implement the appropriate emergency plan and proce- dures. Exception: When the emergency evacu- ation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 4021 Add a new definition to read as follows: CROWD tv1ANAGE- MENT Crowd management meshes the design features of a facility, the estab- lished operating features of that facility, and an understanding of the occupants' exported natural behavior in that facility for a specific type of event. Section 4113.3 Add a new section to read es follows: Crowd manager. Group A-2 occupancies shall be provided with a min- imum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional Freined crowd managers shall be pfovided at a ration of one (1) crowd manager for every 250 occupants. The crowd manager shall receive approved training in crowd management tech- niques. Section 405.2 Add to the end gf the sge- lion as follows: Fire and evacuation drills } in Group E occupancies shall Ise conduet- od in accordance with Section 100.31 of the Code of Iowa. ire dNls in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester, Section 5021 Add a sentence to the end i of FIRE LANE definition Eo read as fol- ~ lows: See City Code 9.4-13 (ordinance 98-3850, 9-22-1998) for additional rules and regulations. Section 503.2,$ Add a new section to read as fo[lows:-Thickness. Fire appara- i fur access roads shall be constructed of i Portland cement concrete informing to the speviC+oations of the Iowa Department of Transportation C-3 ar M-3 mixes. The concrete access toad shalt be a minimum Section 505.1 Add tv the end of the sec- ~ lion as follows; From 100-199 it from the street the number shall be a minimum of fi inches high with a minimum stroke of ~ 0.5 inches. From 200-299 ft tram the I street the number shall be'a minimum of ' 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 tt from the street, the number shall increase ~ by an additional 2 inches in height. Measurementsto determine the minimum number size sha11 be measured from the _approved address location to the cehtar line of the street for which the premises is addressed, 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 an elf new canstruc- y trop. I Exceptions: Group R-3 and unsecured I R-2 occupancies. S Section 500.5.1 Delete exceptions 1 & 2. Section 511 Add a new section to read as follows: FIRE DEPARTMENT RADIO -~ COMMUNIC0.TION5 511.1 Where required. No p~rsan shall er construct. maintain or modify anx ' building or stnictute o y-p~4 thereof. pr muse th~same to be done which fails r City of Iowa City vubtic safety ~rvlces- including but not limited to 1i a -~, and public works departments. 511.7.1 T T ALLO,WEp ~ ~uildings and S,tru tuc res shall be emriooed with any oP the Following._in '. order to chq ie~ ~aauata_radio cover- S of 7 inches thick over compacted soli.. ~~ ~a~~ i ~7j'fes3rngy~yigs, ~- i a~_IJLI[a[_1@sts will t)e nerfor i i vfi occupancy shall not be is: structure if the b~dine fails wRh this section. b, Annual fasts will be condo wit inspection odur~. Section 005.9 Delete the section and insert in lieu thereof: Temporery wiring. Temporary wiring for electrical power and 1 lighting installations is a[towed fora peri- od not to exceed 90 days for holiday dec- orative lighflng, carnivals and similar pur- poses. Temporary wiring methods shall __,_,~,_.,~ meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electri- cal power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of build- ings, structures, equipment yr similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 805.70 Delote the section and replace with: Portable, electric, space heaters. Portable electric space heaters ~ shall comply with Sections 605.10.1 through 605.10.5. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shalt be . fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.3 Add a new section to reed as follows; Maintenance. The interior finish of buildings shat! be maintained in accordance with the conditions vi original approual. Any change to the inseripr fin- ish that is regulated by the provisions of this code or the building code shall bo. made in acwrdance with a[I applicable requirements. Section 808.1 Add a sentence to the ends • of the section to read as follows; Natural or resin-bearing col trees and nafurall decorative vegetation used in buildings , open to the genera! public shall bB prop-' arty treated with an approved flame r~ter- dent. Section 808.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohib+ted in Group A, B, E, I-1, f-2, I-3, I-4, M, R-1, and R-4 occupancies. Exception: Trees located in areas pro- farted by an approved automatic sprin- kler 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 end R- 1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 1307.4.4.1 Delete exceptions 1 & 2. Section 901.2 (a} Add a new section to read as follows'. Watas based lire protec- tignsystems. Working plans submitted to rho fire department ter water based fre protection systems shaft be stamped and approved by a qualified person to be in compliance with applicable NFPA stan- dards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person, A quali- fied person shall have a minimum National Institute for Certification in Engineering Technologies [NICET) Level III certrfication for Automatic Sprinkler System Layout OR be a'licensed engi- neerwith experience in file safety system design. Other qualifications may be approved by the code official. Q~ - 3 ~+ a ~ o ~ -- ~~ ~,~~~ ~a,~ ~ Section 901,2 (b} Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person io ba in compliance with applicable NFPA stan- dards and the Iowa Gity Fire Code. Any changes to the working plans she!! be approved by a qualified person. A quali- fied person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level [II certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualfica- tions may be approved by the code offi- cial. ' Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. ~ Group A-2 Occupancies. An automatic sprinkler system shall be pro- vided i1 one at the fallowing conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occu- pant iced of 700 or more; or 3) The fire area is located on a floor other than the level of exit dis- cherge. B. Existing Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2DD7. An automatic sprin- kler system shall be provided throughout the A-2 occupancy if one of the following wnditions exists: 1) The A-2 occupancy has an occupant load 01299 or more and has an ABDL. Exemption: Single business occupan- cies insingle story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-2913 and is located on a floor other than the level of exit dis- charge and has an ABDL; or 3) Group B Occupancies located on a floor other than the Level of exit discharge and which have'en ABDL; or 4} Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and ere not regulated fn 61 or B2 above, provided: 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 shpw to the building official's satis- faction that said change in ownership is one of form and not substance. Section 903.2.1.3 Delete the exception without substitution. Section 903.2.1.4 Delete the exception without substitution. Section 903.2.1.6 Add a new Section 803.2.1.6 as follows: Section 903.2.1.6. An automatic sprin- kler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy wRh a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the now Group B occupancy with an ABDL or where the group B occupancy wdh a now ABDL Is located, and in all floors between the Group B oCCUpanry and the level of exit discharge. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horrJstrobe device shell be mounted directly above the fire depart- ment connection between seven (7) and ten (10) feat in height above grade. The water-flow alarm device shall be activat- ed by water flow equivalent to the slow of a single sprinkler of the smallest orifice size Installed in the system. Approved and supervised audible visua! nofrficafion appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 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 spdnkler control valve and watarftow device far each narmalty occu- pied Hoar. Section 906.1 Delete the excepGan with- out substitution. Section 900.3 Add a sentence to the end of the section to read as follows Tha minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shat{ be 51b. 2-A, 10-B C. Section 907.2 Delete the section and replace with: Where required--new bu"sidings and stmctures. An approved and addressable manual, automatic, or manual and automatic lire alarm system installed in accordance with the provi- sions of this code and NFPA 72 shall be provided in new buildings and structures in accordance wish Sections 907.2.1 through 9D7.2.23 and provide occupant notification in accordance with 907.10, unless other requirements are provided by another section of this node. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected tp the building fire alarm system, automatic heat detection required by this section shall not be required. The automatic fire detectors shall be smoke detectors. Where ambient condi- tions prohibit installation of automatic smoke detection, other automatic lire detection shall be allowed. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: f) Except for Group A-2 oxupancies with occupant loads of 200 or more, man- ual Eire alarm boxes are not required where the building is equipped through- cut with an automatic sprinkler system and the alarm notificatign appliances will activate upon sprinkler water flow. 2) Group A-2. An automaticlmanual lire alarm system shall be installed in Group A-2 occupancies with occupant loads of 204 or mare. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-Candles over the area of the room at a height 0130 inches above the floor, and b. All conflicting or contusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sen- lance to the end of the first paragraph as follows: New and existing educational occupan- cies shall have a monitored fire alarm system. Section 907.23 Modify by adding a 4th exception as follows: 4. Day care occupancies class'rfied as Group E Occupancy shaft not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.10.1.2 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 occu- pancies. In corridors, detectors shat! 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 907.2.12.3 Delete the section and replace with: Fire department com- munication system. Where required. NQ person shall erect. construct. maintain or part thereof. or cause the same to be done which fails to support adequate radio coverage for Cif of Iowa City pub- lic Safety services. Including but not limit- ed to police. Piro. and public works 907.2.12.3.1 AMPLIFICATION SYS- TEMSALLOW ED Buildings and structures shall be Mooed with any at the following in order to achieve adequate radio cover- 907.2.12.3.2 Sys tem Re quir eme nts: 1) The freauenc v that must be ~upport- ed shall he 810. 7125 to 81 5.26 25 MHz 1 adapSable to ot her ap prop riat e emer- gency frequencie s {700 MH z or areaterl. The system mus t be ca pabl e of encom- th f i i t t d h i e re p~ss ng and capable of f quenc e uture m s s odif a e icati ere n ons to a f b t b requency rang lished by the Cih ' e su s r of Iow equ a Ci enf[y ty. a - r es 2 All system co mpvnen ts must be 100 t ti le 'th d l i ft i n ll i d i '- i h tai mo u at ons additional adlust a er n ments a sta r m at on odif w t out ~tions. 3) Mandatory u i se of i d FCC ce rtificated s req equipment 4) If env Hart of u re . the ins talle d s KStem or systems contains an ele ctric ally powerod component. the sysxem shal l be captLble of operating om en inde pen den t battery r least twelve (~} hours with out ext@mal ~ power input. T ha batt ery syst haA em s 'n $n external powe r input. 5) Signal levels. percent age of c overage and refiabj it oer centao e a A minimum_si gnal sir . ana th_of _ooa_Lil 6) The installation!-of sauipmeni as_s tta~d above can not be detrimental to the aper- 'o t e P bl' S 'o 7) Tesiina procedures. a. Initial tests will be aedormed by air anent of the City of Iowa City, Certificate of occupancy shell not be issued to env structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in can[unction wish inspeCtian procedures. Section 907.4 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 Lire alarms, the code officio! is authorized to modify the requirements for manual Eire alarm boxes. Section 907.9 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permit- ted by NFPA 13 and shall provide a sprin- kler control valve and waterflow device for each normally occup"sad floor. Section 907.9.3 Add a section to read as follows: Zone and address location label- ing. Fire alarm andlor annunciator panels shell have ell 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 build- ing. Section 907.15 Add to the end of the section as follows: Each address point identification shaft have an alphanumer- ic dASCriptor location. Alphanumeric descriptor Ipcations are required to be reported to the laws Ciiy Emergency Communications Center upon activallon of supervisory andlor alarm conditions as specified by the fire code afficlal. Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation o1 a boat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. Section 912.7 Add a section to read aS fellows: Size. Minimum fire department connection size shall be 2 _' National Standard Thread. Section 1025.2 Delete the exception in Section 1025.2 in its entirely and insert in lieu tlteraof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well- definad main exit or where muhiple main exits are provided, exits shall be permit- ted to bedistributed around the perimeter of the building provided that the total width of egress is not less than 100 per- -~ cent at the required width. 2) The main entranr~/exit of A-2 occu- parraas shall be of a width that accom- modates not less than two-thirds of the total occupant Wad. Section 1026.1 Modify by deleting excep- tivns 1, 2, 4, & 7. Section 2306.7 Modify by deleting foot- note "J° from TABLE 2306.2. Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shaft atsn cempty with the ra4uire- ments of the Iowa Right io Know law. Section 3301.1.3 Oelate exception 4 and insert in Ueu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or per- chWrate, flitter sparklers in gaper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which centain no mercury or caps used in cap pistols. Section 3404.2.9 Add a senienca to the end of the section to read as follows: For aboveground storage tanks of 276 gal- Inns capacity or nwre, the minimum dis- tance baiween such aboveground tanks and any Residenfial Zona boundary must be at toast 10D feet. if the aboveground tank is located In an approved vault, the minimum separation distance from a Residential Zane boundary may be reduced to no less than SO feet. Section 3404.2.11.2 Add a #4 to the and of the section to read as follows: 4) A minimum distance of ten (10) feel shall be maintained between under- ground tanks and any Residential Zone boundary. Section 3404.2.13.2.4 Add a section to read as fo[lows: Existing aboveground tank hazards. Existing aboveground tank installations, even if previously approved, that are determined 1o consti- iute ahazard 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 accordance with this code. Section 3485.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group-E occupancies. SEGTtQfd tl. R1=PE,(jj,ER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance era here- by repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unovnstitutional, 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. SEGTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect after its final passage, approval and pub- lication, as provided bylaw. Passed and approved this 16th day of October, 2007. s/Aoss Wilburn, Mayor Attest: s/Marian K. Karr, City Clerk ~~ ~ ~~ 73835 October 24, 2007 : r 1 ~~ ~ ~._.:.®~ ~n~ ~ ~ ~~~~~ ~~ CITY OF IOWA CITY 410 East Washin;to~~ Street lawa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )5S 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. 07-4290 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1 fith day of October, 2007, all as the same appears of record in my office and published in tl~e Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. ~. Ju ' .Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE QF IUWA, JaHNS~N COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-033U67U I, a, being duly sworn, say that I am the legal clerk of the IQWA 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 , times}, on the followin dates}: ~~~ Legal Clerk 5uhscribed and sworn to before me this day of A.D. 24 Nofs •y Public OFFICIAL PUBLICATION ^RDINANCE NO. t77-~t290 ORDINANCE REPEALING ORDI- NANCE NO. 99-3872, CODIFIED AT T1TLE 17 OF THE CITY CODE, ENTI- 7LED "BUILDING AND HOUSING," , CHAPTER 9, ENTITLED, "BUILDING ~ CONSERVATION CODE," BECALFSE 7NE PROVISIONS ARE NOW INCLUD- ED IN THE BUILDING CODE. WHEREAS, Ordinance No. 99-3872, codified at Section 17-9, adopted the 1997 Edition of the Uniform Code for ~ Building Conservation, to regulate the use and reuse of legally existing build- ings; WIiEREA5, the City's current Building Cade, Section 17-2, provides the same regulation as the uniform Cade for Building Conservation, and #hus Ordinance No. 99-3872 is duplicative and should be repealed; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IQWA: ~ SECTION 1. AMENDMENTS. Ordinance Na. 99-3872, which is codified at Title 17, entitled "Building and Housing," Chapter 9, entitled "Building and Conservation Code," is repealed in ' its entirety. ~ SECTlDN ll. REPEALER. Alf ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. - ,SECTION 111. PENALTIES FQ~ VJQI„A- T I . The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor.. ' I SECTION IV, SEVE}3A~~. If any ~ section, provision or part of the Ordinance shall be adjudged to be invalid or uncon- stitutianal, such adjudication shall not s affect the validity of the Ordinance as a I whole or_ any section, provision ar part thereof not adjudged invalid or unconsti- tutional. SECTION V. j^~r,~CTJ_V_EDATE. This Ordinance•shall he in effect after its #inal ~ ---~ . . passage, approval and publication, as J provided by law. l Passed and approved this 16th day of ' October, 2pQT. ~ slRoss Wilburn, Mayor Attest: slMarian K. tCarr, City Clerk 7383fi October 24, 2(707 ~ r ....®~ ~ ~~~~- ~ ~,~..~ -~.~ CITY OF IOWA CITY 410 East Wasltinaton Street iawa City, Iowa 52240-1826 (319) 35b-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. 07-4291 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of October, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 24, 2007. Dated at Iowa City, Iowa, this 15th day of November, 2007. C, Jull Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 55: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0~~06~0 I, I~~S' Diana Becicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper .time{s}, on #h e following date{s}; . a ~~ ~~~~ Legal Clerk Subscribed and sworn to before me this . _ S``~"~ _ day a A.D. 20 lic -- u~a~ ~~ ~'~.,, +~ Gommis5fan Nu;nber 7S~S1$ f E!y Commfssiszn ExRires •tsu ~ ~ .}sr~uary 27, 2p08 OFFICIAL PUBLICATION ^Ri7iNANCE N0. 07-423t ORDINANCE AMENDING TITLE 8 OF THE CRY CODE, ENTITLED "POLICE. REGULATIUNS,° CHAPTER $, ENTI- TLED, "POLICE CITIZE;HS REVIEW I30ARD," ARTICLE ~~, ENTITLED "CQUNClL REVIEW," TO DELETE THE 2-YEAR CITY COUNCIL REVIEW. WMZ=REAS, the Police Citixens Review Board was farmed in July 1997 by Ordinance No. 97-3792 to assist the City in processing citizen oarnplaints cancerr:- ing the Police 6epartment and assuring the Police Department is responsive to ;community needs; and WHEREAS, the ordinance included a sunset clause which au#omatically repealed the ordinance on August i , 2001 i unless re-enacted by City Council; and WHEREAS, Ordinance No. pi-397 removed the sunset clause and replaced it with a 2-year review by City Council; acrd WHEREAS, the City Council now wishes tv remove the 2-year review. NOW, THEREFORE, f3E IT ORDAl1~EED ~Y THE C17Y COUNCIL OF THE CITY OF CITY, IOWA: SECTI I. AMENI76~ELYT~. 'Title 8, entitled "Police Regulations," Chapter S, entitled "Police Citixens Review Board," Article 1U, entitled "Council Review is hereby amended by deleting the 2-year City Council review. SECTION II. R PEA F.H. Ail ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 5ECTlO lli S~BA~jL~ if any sec- tion, provision ar part of the Ordinance shall be adjudged to Ise invalid or uncan- stitutional, such adjudication shall oat affect the validity of the Drd'snance as a whale or any section, provision ^r part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFEC_T__I_YE I7ATE. This Ordinance shall be in effect alter its final passage, approval and publication, as provided ay law. Passes} acrd approved this 16th day of October, 2007. sJRasS Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 73943 October ~4, 2007 - - ~ r ~~~~~ ~~~~~;~ ~ -~.~.__ C1TY OI` IOWA CITY 410 East Washington Street lawa City, [awa 52240-1826 (319) 356-5000 (319) 355-5009 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. 07-4292 which was passed by the City Counci! of Iowa City, Iowa, at a Council meeting held on the 5th day of November, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 14, 2007. Dated at Iowa City, Iowa, this 7th day of December, 2007. 1~ v ~ Julie oparil Deputy City Clerk ~~ ` O Z Printer's Fee $ S ~i.o~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-Q33Qf57Q I, ~ ~ Dia ~ llcka, 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), an the following date(s): [~ `''~~~{~ 1 CJ{./•..1 i Legal Clerk Subscribed and sworn to before me this ~-c~, day of A.D. 2Q~_. ,,,- . blic LI~tDA K~'iZ` ~~F C.amml~Ort Nlmtber 732619 ~yComtnissiat Exp'sres oar'-..._~~ January 2T, 2003 - - - - -~ OFFICIAL t UBLICATION ORDINANCE N0.07-4292 AN ORDINANCE AMENDING TITLE 5, "SU51NE55 AND LICENSE REGUAL- TIONS," CHAPTER 2, "TAXICABS," IN SECTIONS 5-2-2, TAXICAB BUSI- NE55 LICENSE; VEHICLE DECALS," SUBSECTION C AND D; 5-23, "L1ABlL- lTY INSURANCE REQUIREMENTS," SUBSECT1pN A(2}; 5.23, "VEIitCL.E INSPECTION REQUIRED," SUBSEC- TION A1(a) AND (b); 52.8, "VEHICLE REQUIREMF_NTS,° SU65ECTION B; 5 Z-9, SUBSECTION C, "VEHICLE STAND,' ;AND 9.4-10D "PUBLIC CAR- RIER STOPS AND STANDS," 5UBSEC- TIDN 2b "TAXICABS;' OF THE CffY CODE TO CLARIFY CURRENT REQUIREMENTS, TO •1NCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. WHEREAS, in November 2006 the City } Council passed ORD. OB-4243 which established new regulations for "Taxicabs": and j WHEREAS, the City Cound! requested a one year review of those regulations; and ' WHEREAS, City staff recommends cer- I fain changes in the taxicab provisions of I the City Code to clarify existing require- ments, bincrease safely, and to require only annual inspections; and I WHEREAS, it is in the Gity's interest to ~ adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CfTY OF IOWA CITY, IOWA: SECTION f. AMENDMENTS 1. Ttle 5, entitled "Business and License Regulations' Chapter 2, entitled I "Taxicabs," is hereby amended by repeal-. ing the following sections and sutssec- tions in their entirety and replacing them with the following: 5.2-2, Taxicab Business License; Ye Icte Decals, subsection C: fssua or Denial of Business License: {f the d clerk finds that the applicant has fully wmpiled with the requirements of this chapter and the police chief or chiefs designee has'determined that there is no informatiart which would indicate that the issuance of the Eicense would Ise detri- mental to the safety, health or welfare of residents of the city, the city clerk shall I issue a license to conduct a taxicab bust- i -Hess. I Revocation Of Business License: If the i city dark subsequengy finds that the tasd- Cab business company is not in full com- 1 pliance with the requirements of this chapter or H the police chief or chief's designee finds that continued operation of the taxicab business would be detrimental to the safety, heath or welfare of resi- dents of the city, the city clerk may revoke the Ilcertse to conduct a taxicab business as provided in section 51-5 of this tftle. { 5-2-2, Taxicab Business License; Yshlefe Decals, subsection D, DeCSIS, ' subsectlon3(d}: Decals will ba issued by the city clerk on _ i the next business day et least twenty I burs (24) hours alter the filing of a com- pleted application for such decal with the city clerk. 523, Liability Insurence Requirements, A. Requlremarrta, subsection 2: Each certificate shall provide for ten (10} ' calenda- days' prior written notice to the ; dry dark of any nonrenewel, suspension, ', cancellation, or termination. A_ taxicab j business licensee sftaA provide of least -I ten (10) calendar days' wrllten notice to the dty dark of any nonrenewal, suspen- I sion, cancellation, or termination of the pdicy of Insurance. - 5-2.4, Vahlcle Inspection Required, Subsection A1: - All taxicabs shall be inspected br compli- , ante with the requirements of this chapter and the following: i a. Exterior. Headlights, tai[fghts, brake r lights, directlonal signal lights, reverse light operation, hazard light operation, j marker lights {including parking and side j marker), operation license plate lights, windshield, windshield washers, wind- ; shield wipers including rear wiper if so equipped, vent glasses, all other vehicle , glass, glass window raisers, doors and t ~ door locks, trunk lid, trunk hood, and irrte- + rlor door handles, erdraust system, splash , { shields, bumpers, fenders, mirrore induct- ing rearview and outside mirrors and = attached lighted dome iigM, body and tires shall be inspected to ascertain that - each is functioning. properly. Esch tasrl- •: cab shall Ise maintained in a reasonably dean condition. There shat! be no Fears E or rust holes In the vehicle body and ne Eoose pieces such as fenders, bumpers or trim hanging from.the vehicle body, There ~ shall be no unrepaired body damage j which would create a safety problem or, inter(era with the operation of the vehicle. b- Interior: The rear view mirror, fooE ' brakes, parking brakes. seat belts. horn ~ operation, passenger interior light and air candifioning and heating systems shall be ' inspected to ascertain that each is funs- ' tinning properly. Tha upholstery, floor mats, head lining, door panels and the trunk wmpartment shall be inspected to I ' determine whether they are clean, free of j ~ tears, and that the Vunk has sufftdent ~ space for passengers' luggage. 5-2~, Vehicle Inspection Required, i Subsection H: - The city equipment superintendent or designee may require reinspection of a 'vehicle on belief that a vehicle is not mechanically f€1. In the event any vehicle is determined by the city equipment stperintendent or designee not to be , mechanically fit. the decal shaE! be oonfis- ' 'sated and returned to the city Berk. After '~ reinspection and determination that the vehicle meets the standards of mechani- ca~ fdriass, a new decal will be issued and charged as established by counci resolu- ' lion. i The police chief or designee may require reinspection of a vehicle on belief that a ' vehicle is in such unsafe wndi8on as to + endanger arty person. En the avant any . vehicle is determined by the pdice chief or designee to be in such uruafe condl- tlon as to endanger any parson, the decal shaft be confiscated and returned to the dhr clerk. Orx:e rrotified the licensee must have the vehicle reinspected within 2 business days, and a new decal will be provided at no charge. if the licensee fails to have the vehicle reinspected or the vehicle fails reinspecfion within loon business days, the licensee must apply for a new decal and will be charged the fee~establistfed by council resolution. j5-2-8, Vehiels Rsquiramettts, Subsection (6): ,Lighted Dome: Every motorized taxicab shall have a lighted dome attached per- t manentty to the exterior roof of the vehicle with lettering that identifies the vehicle as `1 p a a taxipb visible from the front and bads of the vehide. The lighted dome sha[I be a minimum size of 12'x1' x 3'. In the i evert the a1y equipment superintendent or designee detemlines that the perms- , Went attachment of a donne to the exterior roof is not possible the city equipment superintenden! or designee may approve j an alternative placement. 5-29, Vehicle Stand, Subsection C: Delete in entirety. ' 5.2-10, Terma o! Decals and Badges; Renewals, Subeactiorr C: ~ Decals shall be valid for one year. They shall commence an March 1 or the date of Issuance, and shall expire on the last day of February. 2. Title 9, entitled 'Motor Vehicles and Traffic,` Chapter 4, entitled 'Parking Regulations; Section l0, entitled I "Perking far Loading and Unloading,' Subsection D2b is hereby emended by repeating it in its entirety and replacing it ' with the following: 9.9-10, Public Cartier Stops and Stands, Subaeetlon ~2.b: Taxicabs: The driver of a taxicab shatl not stead or park a taxicab on any street at any place other than in a designated taxi- cab stand. Application for a vehide stand shall be made along with a fee as deter- mined by the city manager, or designee, and adopted by the city council. This pro- vision shall not prevent the driver of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place while actually I engaged in the expeditious loading or unloading of passengers SECTION II. REPEALER. A11 ordinances ` and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. TI If any I section, provision or part of the Ordinance shall 6a adjudged to be irwalid or uncon- ~ stitutional, such adjudication shag not affect the validity of the Ordinance as a whole or any section, provision or part thereof naE adjudged invalid or uncons&- tuGanal. SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect March 1, 2068. Passed and approved this 5th day of 3 November, 2067. I slFtoSS Wilburn, Mayor Attest: SRularien K. Karr, City Clerk G3115 November 14, 2007 ~ ~ 1 ~~~®~~ ~1111~R~ ~,~ ~ ~~'~wl~~ I l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 35G-5000 (319) 356-5009 FAX www.[cgov.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. 07-4293 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of November, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 5, 2007. Dated at Iowa City, Iowa, this 8th day of January, 2008. Julie oparil Deputy City Clerk ~~ Printer's Fee $~ Z CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 ;, V.-.,~nra~~ ~. Res Diancicka, 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): .~C~c~~~S ~~CTn~ ~-~ L ~~~ _ Legal Clerk Subscribed and sworn to before me this II~ day of ~( / A.D. 20~. --- ary Public 1.lHDA l~ ~3 ~ CQrrtfnlBSlCn Number 7328 d9 . ~,. ~'y Comrtisston ~i, ~s Jt><14uary 27, 200c; ; ORDINANCE N0.07.4293 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUGCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF i IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A ~ TEN YEAR AND FIVE YEAR RENEWAL THERFr4FTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND rrS INHABfi'AIYTS, ' WHEREAS, the franchise previously granted 6y the City to MidAmerican Energy Company's successor and codi- fied at Chapter 2, Title 12 of the City Cade expired in November 2001; and . WHEREAS„ the City. and MidAmerican' Energy Company have negotiated a new i franchise agreement on the teens set forth herein; and ' WH£RE4S, i1 is deemed in the interest of ~ the City and its citizens to enact the fol- lowing irenchise ordinance. NOW THEREFORE, BE tT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the fol- ' knving is substituted in lieu thereof: 42.2-1. There is hereby granted to MidAmerican Energy Company, an lava corporation, hereinafter called 'Company," and tv its successor and assigns the right and franchise to acquire, ~ construct, erect, maintain and operate in the City at Iowa City, Iowa hereinafter i called the 'City,' a gas distribution sys- tem, to tumish natural gas along, under and upon the streets, avenues, alleys and rights of way of the City to serve cus- tomers within and without the City and to tumish and sell natural gas to the City and its inhabitants. The City Council reserves tv itself the right to extend this franchise to other public places upon request from the • Company. Rights are hereby granted for aft existing facilities located in other public places prior tv the date of Ibis agreement. 42-2-2. Tho City may continue this franchise by resolution adopted more , than one, but less than two years prior to the tenth anniversary of the offective date j of this Ordinance. In the avant the City Council does not adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. The City may,confinue this #ranchise by resolution adopted more than one but less than two years prior to the twentieth anniversary of the affective date of this Ordinarce. In the even! the City Council does not adopt such a resolution, this franchise will termi- nate on the twentieth anniversary of the ' effective date. if both such resolutions' are adopted, this franchise will terminate' on Ehe twenty-fifth anniversary of the effective date. 12-2-3. The rights and privileges here- bygranted to the Company its successors and assigns are subject to applicable pro- visions of the Iowa Code, including but not limited to the restrictions and limita- tions of Iowa Code Chapter 3B4 (2007) or as subsequently amended ar changed, the Coda o1 Ordinances at the City of Iowa Clty, any other applicable statues or regulations promulgated by Federal or State egenaes under federal or state caws, at! of said taws, codes, ordinances, statutes and regulations as presently ' enacted or subsequently amended. The i Company reserves the right to challenge ? pr contest the City's interpretation or application of any of said laws, codes, ordinances, staiuies, and regulations. The City may make such lawful and rea- sonable amendments to the provisions of ' the Code of Ordinances of the City of 41owa_ Gity affecting or regulating the Company in its operation of the natural gas utility, as the City deems necessary and proper, within the scope of its author- ity as authorized by the Corutitudon and Code of Iowa. The franchise granted herein shall rat restrict in any manner the right of fire City in the exerase of any ~ power which it now has or which may f hereafter be authorized or permitted by, the Constitution or laws of the State of• ' Iowa. 12.2-4. The Company shall have tltel right to excavate in any City street, avenue or alley for the purpose of laying, i relaying, repairing yr extending gas pipes,, mains, conduits, and other gas system components provided the same shall be placed in accord with this franchise ands any regulation the City may hom Sims to, time adapt or amend regarding the place-I meet of facilities or structures of utilities, provided same is not in conflict with Company's standards or state and fader-' al regulation, and other right of way users' facilities or stnrctures, in the right at way. 12-2-5. The Company is authorized to make excavations in City streets, avenues and alleys for purposes o1 rou- tine repair, replacement, and mainte• Hance of gas Pines. mains, conduits, and other gas system components. In making such excavations, the Company shall not ' unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Diroctar with 24 hours notice prior j to the actual commencement of the work, , I and shall comply with al! provisions and requirements of the City in its regulation ~ of the use of City right of way in pertorm- i ing such work, The Company shaft eat dig or otherwise excavate under the canopy of any tree on public ground, unless using: Irenchertess technologies or directionali boring. !n emergencies which require immediate excavation, the Company mayE ' proceed with the work withou! first apply- ing for or obtaining the permit, p:ovided,4 however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emer- gency work. 42-2-fi. Prior to commencing significant ' construction or maintenance projects in the public right of way, the Company shall use its best effods to notify the contiguous I affected customers. Best efforts shall include but are not limftod to at feast one of the following: docr hangers, telephone ~ contact, or direct mail. f+lotifrcation shall not be required in the event of emergency repairs or natural gas restoration effoAs. 12-2-7. The Gompany shall indemnify and save harmless the City from any and aN claims, suits, lasses, damages, costs or expenses, on account of injury ordam= age to any person or property, caused or occasioned in whole or in part, by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise; provided, , ' however, that the Company shall not be ' obligated to defend, indemnify and save harmless the City for any costs or dam- ages arising from the negligence of the , i City, Its officers, employees ar agents. 12-2.8. The Company, and its succes- sors and assigns, is authorized to extend ', Its natural gas distribution system acrd to engage in repair work and to install new gas distribution and transmission facilities within the City. 12-2-9. The Company shall maintain the availability of service throughout the I entire City including newly annoxed ~ areas, by extending natural gas facilities k in a manner consistent with Iowa law. 12-2-i0. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned 1't9tt1 9f_way_wi(hout charge to Company. ~,~, , o-t - ~a~3 L ~- ~_ . ~..-. __ l In planning for the extension or rriodlfica-~ 4 lion of streets and roads, the Cifyr shall, to 111 the extent practicable in the discretion of $ its Public Works Director, design such i changes to limit the need for the reloca- ii lion of Company facilities. Nothing to this franchise shall be construed as a guaran- 1 tea that in either oxisting right of way or in I future acquired right at way She Csty, w1iS ' provide sufficiern space for any particular need of the Company nor shall the City be required to obtain additional right of way a solely far the use of the Company. I 12-2-11. The said Company, its s~c- i terrors and assigns, as long as it shall ~ operate under the terms of this franchise, , shall famish natural gas in sufficient quan- IiGes to supply the reasonable demands of said City and the inhabitants thereof in ' ar:aordance with the Company's rules, I regulations and conditions of service as approved by the Iowa Utilities Board. 12-2-12. The Company shall make an # annual written report to the Ciry Council summarizing community contributions vJnich 4enefid the people of lava Gty ` ' which have been made by the Company ~ or its Foundation. The written report shall include the name of each entity to which '~ i such contributions have been made, the ' amounE of such contribution end atom- ~ i parison showing contributions for that ~ year and the three prior years, The report shall be filed with the City Council within three months of the close of the ' Company's fiscal year. 12-2-13. Tlie City reserves the right to i impose a franchise fee pursuant tv'the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of natural gas by the Company or other natural gas providers utilizing the distribution system of the Company, to customers within the current or future cor- porate limits of the City. The City shall provide the Company ,with 96-days advance rwtice of the efeective date of any iranchisa fee put into effect by the City. The City may requiro the Company to pro- vide an accounting to establish that the tae has been correctly calculated. The i City may include a requirement that an audit of the calculation and basis for cab cuiation of the franchise fee ba conducted by an audiier of the City's selection and the Company will cooperate with such an ~ audit. Said audit shall not be conducted more than once a year. The City shall pay iha costs o1 the audit unless the audit shows an underpayment of franchise tees 6y an amount equal to 3% or more of the } fees, in which event the Company shall pay the cost of the audit. i 12-2-14. With the permission of ttre City Council, to be separately given in regard to each application to use powers of emi- } Want domain, Company shall have the power to condemn private property for the purpose of providing natural gas to the public and in a reasonable relationship io ' an overall plan, of distributing natural gas within the City. Tha Company must establish the necossiry of each taking of private property and, when so estab- lished, the City Gouncii shall approve the condemnation of iha private property by resolution if the Council finds the use of such powers is in iha public interest, does i not create an unaceeptable public safety problem and there is not any reasonablo ' ~ aitemative. , I 12.2.15. The Company shall, at its cost , god oxpense, locate and relocate its 1 1 installations in, on, over or under any pub• ~ Ito street or alley in the City in such man- rrer as the City may at any time season- ' ably require for the purposes of faci[itaiing the oonsiruction, reconstruction. mainte- nance orrepair of any public improvement pf, in, or about any such streaE or alley, or promoting the efficient operation of any,. such improvement., _ _~ ~._ _ , P~ a' $'~ 12-2.16. 1'he Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency andlar conserva- tion programs within the City, as may be approved by the Iowa Utilities Board. 12-2-17. If requested by the Ciry the Company shall participate in a disaster or emergency response communications task torte to address such topics as a dedicated communications'iink between j the City end the Company during emer- gencies, an interoperable radio communi- cations system between the Company and the Ciry, a reverse telephone mes- saging system and participation by the Company in City and Johnson County joint drills and emergency training exer- cises. tt is the intent r>i the parties that such participation may be established by a separate agreement which raters to this franchise. 12-2-18. This franchise shell apply 10 and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval k shaSt not be untaasonabty withheld. ~ The City expressly reserves the right to terminate the franchise granted herein 'rf the Company breaches any of the prpvi- sions of this franchise; provided, however, Ehere shall be no termination it the Company shall correct the breach within sixty (60) days following written notice 1 provided by the City to do so. The Company shall not be excused cram complying with any of the terms and conditions o1 this french"see by airy failure of the City to insist upon or seek compli- 1 once with any such terms or conditions. Further, it is agreed Ehat the Subject mat- ' ter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may 4 be inadequate. k 12-2-19. this Ordinance shall become i effective and binding upon its approval ~ and passage in accordance wish Iowa taw and the written acceptance by the " Company. The Company shall within thir- ty (30) days after the approval of this ordi- nance by the City Council, filo in the office of the clerk of the City its acceptance in writing of a[I the terms and provisions of 'i this ordinance. Following City Council approval and written acceptance by the ~ Company, this ordinance shall ba pub- lished in the Iowa City Press Citizen. The 1 effective date of this Ordinance shall be ~ the date of publication. f2-2-20. If any of Ehe provisions of this franchise ordinance are for any reason i declared 1o be illegal or void, the lawful provisions of this franchise ordinance, ' which are severable from said unlawful provisions, shall be and remain in tali r force and affect, the same as A the fran- chise ordinance contained no illegal or void provisions, In the event any provi- sion or provisions are ruled illegal or void by a wart of competent jurisdiction, the City and the Company shat! forthwith amend this franchise to insert a successor provision that complies with the applica- i ble court rasing. t 2-2-21. All ordinances or parts of ordi- nances in conflict hesewsth are Hereby repealed. PASSED AND APPROVED this 27th day of November 2007. ,CITY OF IOWA CITY, IOWA slRoss Wilburn, Mayor JAEtesE: slMarian K. Karr City Clerk j634Ei5 t]ecember 5, 2007 a ~ ~~~~~ ~~IrI~~ ~ -~.~_ _ CITY 01= IOWA C1TY 4t0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4294 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 27th day of November, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 5, 2007. Dated at Iowa City, Iowa, this 8th day of January, 2008. \` ~ ~~ , V Julie paril Deputy City Clerk Printer's Fee $ 1Co !. o~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Dianecicka, 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): 5 ~'~ 1 Legal Clerk Subscribed and sworn to before me this day o A.D. 20~~. - otary Public a ~ uHam t~~~z .$~~`: Cotslmi~salon Number 732699 ~y Commission iExplre9 .tarttrairy 27, 200$ ` OFFICIAL PUBLICATION _ ORpINANCE NO. 07-4294 1 AN ORDfNANCE GRANTING TO MfDAMERICAN ENERGY COMPANY,! ITS SUCCESSORS AND ASSIGNS, THE ' RfGHTAND FRANCHISE TOACOUIRE, CONSTRUCT, ERECT, MAINTAIN AND i OPERATE IN THE CITY OF I IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF 'TEN YEARS, WITH A TEN YEAR AND ~ FIVE YEAR RENEWAL THEREAFTER, ~ TO FURNISH AND SELL ELECTAiC ENERGY TO SAID CITY AND ITS INHABITANTS. 1 WHEREAS, the franchise previously ~ granted by the City to MidAmerfcan 1 Energy Company's successor and codi- fied at Chapter 1, Title t2 of the Cily Code ' expired in November 2001; and • WHEREAS, the City and MidAmerican .Energy Company have negotiated-anew ~ #ranchise agreement on the terms set ' i forth herein; and WHEREAS, it is deemed in the interest of ' the City and its citizens to enact the fol- fowingfranchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Fitle 12, Chapter # o! the Gity Code is hereby repealed in its entirety end the fol- lowing is substituted in lieu thereof: 12-1-1. There is hereby granted to MldAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns, the non-exclusive dghE and fran- chise to acquire, construct, erect, main- , fain and operate in the City of Iowa City, hereinafter the "City," an electric light and power system including the right to erect and maintain the necessary poles, kines, wire, transmission lines, conduits and other appliances for the transmission and distribution of etectric energy along, under and upon the streets, avenues and alleys to serve customers within and without said City ,and to furnish and sell electric energy to said City and. its inhabitants. The City Counci] reserves to itself the right io extend this franchise to other pub- lic places at the request of the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-1-2. The City may continue this , franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the ovent the City Council does not adopt such a resolution, this franchise will terminate on the tench anniversary of the eRective date. The City may continue this franchise by resolution adopted more than one but less Than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will Termi- nate on the twentieth anniversary of the effective date. if both such resolutions are adopted, this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-1-3. The rights and privileges hera- _I by grantod tothe Company its successors ~ and assigns are subject to applicable pro- ~ visions of the Eowa Code, including but not limited ED the restrigions and limiia- ' lions of Iowa Code Chapter 364 (204 or ~ as subsequently amended or changed, the Cade of Ordinances of the City d Iowa City, any other applicable statues or regulations promulgated by Federal ar } State agencies under foderal or stale } laws, allot said laws, codes, ordinances, i statutos and regulations as presently enacted or subsequently amended. The ' Company reserves the right to challenge or contest the City's interpretation or appgcation of any of said laws, codes, ' ordinances, statutes, and regulations. The City may make such lawful and rea- ~ sonahle amendments to the provisions of e~.~~3 the Code of Ordinances of the City of '~ Iowa City affecting or regulating the • Company in its operation of the electric utility, as the City deems necessary and ~ proper, within the scope of its authority as i authorized by the Constitution and Coda of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Eowa. 12-1-4. Nothing in this agreement shall be construed or interpreted io limit or pro- i hibit the City, residents or businesses of { Iowa City from participating in or enjoy- t ~ ing any benefits and protections o! a { restructured retail electric utility industry } to the extent that such benefts and pro- factions are made available to consumers of competitive retail electric servicos' under siato and federal rules, regulations i ' and law. 12-1-5. The Company shall have the right 1o erect all necessary poles and to place thereon the necessary wires, fix- i tares and accessories as wet! as to exca- veto and bury conduits or conductors for the distribution of electric energy in and through the City, provided The same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of util- ities, and other right of way users' facilities or structures, in the right of way. Atl stet- f tric utility system components placed above, upon, in ar under public right-0f way, and the wires placed thereon or therein, shall comply with the National ' Electrical Safety Code as adopted by the ~ ~ regulations of the Iowa Utilities Board. i The Company shall not without express . approval from the City place in the right of ' way any substation operating a1 greater than 15,440 volts, transmission lines, equipment or appliances operated at greater than 15,004 volts or pad mounted ~ distribution facilities of greater than 15,000 volts serving an underground dis- ' tributicn feeder system. t2-1-6. The Company is authorized to ' matte excavations in City streets, avenues and alleys for purposes of rou- ' j tine repair, replacement, and mainte- Hance of poles, wires, conduits, lines or other electric utility system components. . In making such excavations, the Company shall obtain a City permit there- '. fore and shalt not unnecessarily obstruct ~ the use of streets, avenues or alleys, shall provide the Public Works Director wish 24 hours notice prior to the actual com- mencemenl of the work, and shall comply r with all provisions and requirements of the ` City in its regulation of the use of City right of way -sn por#nrming such work. 3n emer- gencies which require immediate excava- tion, the Company may proceed with the work without first applying far or obtaining ' the permit, provided, however, that the Company shaft apply for and obtain the excavation permit as soon as possible , after commencing such emergency work. 12.1-7. Prior to commencing significant , construction ar maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers, Best efforts shall include buE are not limited to at least one , of the foViowing: door hangars, telephone cvrdact, or direct mail. Notification shalt not be required in the event of emergency f repairs or electric outage restoration efforts- 12-1.5. The Company is authorized and empowered consistent with this franchise to prune or remove at Company expense any tree extonding into any street, alley, right of way or public grounds to maintain eleMric reliability, safety, to restore utility service and to prevent limbs, branches or -trunks from interfering with the wires and 1 facilities of the Company. The pruning i stroll bo compeeted in accordance with I (^shall be filed with the City Council within I nationally accepted safety and utility i three months of the close of the ~ ~ industry standards, ANSI 2133.1 -2()o6, Company's fiscal year. American National. Standard for ~ t2-1-15. The City shall be privileged ~ Arboriculture Operatiens- Safety ~ upon 30-days advance notice to tfre Requirements, and ANSI A300 (paM 1 ~ - Company, without charge, to make use of 2001 Pruning, American National I the distribution poles of the Company that ' Standard for Tree, Sfrrub, and other + are placed within City right of way iorany- Woody Plant Maintenance -Standard of City alarm, City control, or City communi- ' Practices Pruning, or subsequent revi- ~ t cation function, excluding any paid sub- ~ sions to these standards, and City ordi- J scriber services (but including any City I nances regarding the pruning of trees i ~ owned cable or wtreline communication ' and the protection of its facilities upon system for which use the City shall pay an public ground. The Company shall not amount consistent with federal law}, to the remove or prune any tree on public extent that such use shall not interfere grounds, other than right of way, except in I with their use by the Company, but the an emergency or when necessary to ells- I City shall hold the Company harmless vials an existing electrical outage without ~ from any and all causes of action, litiga- j first obtaining permission of the City's Lion or damages arising through the plea Public Works Uirectvr, nor shalt the ing of the facilities o1 the City upon the ' Company dig or otherwise excavate ~ Company's poles. If at the sole discretion under ihe canopy of any tree on public ground, unless using irencfiedess tech- ~ of the Comparry, it is determined that said ~ nolog'ses or directional boring, except in ,I attachments may create a clearance vio- an emergency or when necessary to ells- ~ lotion or other hazardous situation, or that viers an existing electrical outage, without wind or other conditions may place undue having first given the City's Public Works r + stress on specific Company facilities, the I pirector 24 hours notice. , City shall not be authorized to attach to ~ I 12-i-f+. The Company shaft indemnify those fat+lities. tf attachments are in and save harmless the City from any and place, upon notification by the Company akl claims, suits, losses, tlamages, costs ` of damage or potential damage, ihe Ciiy or expenses, on account of injury ordain- shall promptly remove said attachments. age to any person or property, caused or 12-1-16. The Ciry reserves the right to occasioned in whole or in part, by the ° impose a franchise fee pursuant to the Gompanys negligence in construction, Iowa Coda, on the gross revenue of the recanstrucfion, excavation, operetion orj Company, minus urtcofledibfe accounts, maintenance of the electric facilities derived from the distribution and the retail authorized by this franchise; provided, , sate of electricity by the Company to cus- however; that the Company shall not be I Comers within the curent or future corpo- obligated to defend, indemnify antl save rate limits of the City. The City shalt pro- harmless ihe Gity for any casts or dam- j vide the Company with 90days advance ages arising tram the negligence of the + notice of Iha effective date of any fran- City its officers, employees ar agents. I ! chise fee put Into effect by ihe City. The 12.1-10. The Company, end its succes- City may require the Company to provide sons and assigns, is authorized to extend an accounting to establish that the fee its fines, wires and conduits, to expand its has been corectly calculated. The City transmission and distribution systems, to ~ may include a requirement that an audit of engage iri repair work and to Instal! new the calculation and basis for calculation of distribution and transmission systems ~ the franchise tee be conducted by am within the City. auditor of Ehe City's seieciiort and the 12-1-11. The Company shall maintain Company will cooperate with such an the availability of service throughout the , audit. Said audiF shall not be conducted entire City including newly annexed more than once a year. The City shall pay areas, excluding areas designated by the the ousts of ihe audit unless the audit ~ Iowa Utilities Board to be the exclusive ~ shows an underpayment of franchise fees service territory of another electric ; by an amount equal to 33'a or mare of the provider, by extending lines or facilities in ~ ! fees, in which avant the Company shalt a manner comsistent with Iowa law. pay the cost of the audit. 12-1-12. The Ciiy shall, in ihe extension ~ j 12-1.17. With the permissien of the City ' or modification of streets and roads, make 1 Council,.to be separately given in regard provision for the placement of Company Ito each application tv use powers of emi- I I service lines and facilities on City-awned Went domain, Company shaSi have the i i right of way without charge to Company. power to condemn private property for the fn p{arming for ihe extension or modiffca- r purpose of prgviding elechio service to i lion of streets and roads, the City shalt, to ` i the public and in a reasonable relation- the extent practicable in the discretion of j ship to an overall plan of distributing etec- its Public Works Duector, design such I trical energy within the City. The changes to limit the need for the raloca- Company must establish the necessity of lion of Company facilities. Nothing in this each tafung of private property and, when franchise shalt be construed as a guaran- ~ so established, the City Council shall tee that fn either existing right of way or in 'approve the condemnation of the private ~ future acquired right of way the City will property by resolution it the Council finds ,L provide sufficient space for any particular I ihe ass of such powers is in tfie public nand of the Company nor shall the City be interest, does not create an unacceptable required to obtain additional right of way ~ ;public safety problem and there is not any solely for the use of ma Company. i reasonable alternative. ' 12-t-13. The said Company, its succes- i 12-1.18. The Company shall, at its cost sots and asstgns;.as long as it shalt oper- r and expense, locate and relocate its ate under ihe terms of this iranchise, shah ~ t furnish electric energy in sufficient quanta- I installations in, on, over or under any pub- tic street or alley in the City in such man- i ties to supply the reasonable demands of , net as the City may at any time reason- - said City and the inhabitants thereof in ably require for the purposes of facilitating accordance with the Company's rotes, ;the construction, reconstruction, mainta- regulations and conditions of service as ' Hance or repaiv of any public improvement approvotl 6y the [owe Utilities Beard. ot, ln, or about any such street w alley, yr 12.1-14. The Company shall make an promoting the efficient operation of any annual written report to the City Council such improvement. The City may require summarizing community contributions ~ ~ the Company to place or bury its olectrical r which benefit ihe people of Iowa Ciry utility system components underground ~, which have been made by the Company as consistent with Company taritEs (it is yr its Fvundaiion: The written report shall the uhderstanding of the parties that include the name of each entity io which under current tariffs ihe Company shaA such contributions Nava been made, the ~ assume and pay as its own expense the amount of such contributign and a coin- cost of moving a line from ono above parison shawirg contributions for that ! grountl location to smother above ground year and Utethree,prioryears. the reuod_.,! ~ location and the City shall reimburse the ~~, a ~~ 'Company for any eddifional cost occa- sioned by placing a facility underground}, 12-t-ig- The Company shalt, at alt times during which this franchise is In affect, maintain, administer and operate such energy efficiency andlor conserva- tion programs within the City, as may be approved by the Iowa Utilities Board. 12.1-20. li requested by the Clty the Company shall participato in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emer- gencies, an inieroperable radio communi- cations system between the Company end the City, a reverse telephone mes- saging system and pa+lippation by the Company in City and Johnson County joint dri0s and emergency training exer- cises. It is the intent of the parties that such participation may be esia6fished by a separate agreement which refers to this iranchise. 12-f-21. !! requested by the City Eha Company shall participate in a City task force to identify and utilize City generated renewable energy options, including sewage treatment gas or landfill gas avat[- able lathe City. In the event that the City should at any time during the term of this franchise become an attamata energy producer of electrical energy at a munici- pally-owned or operated facility the Company shall, if requested by the Gry, enter into an agreement to purchase the electric energy produced from such quall- tying alternate generating facility, subject to applicable statutory requirements and regulations. 12-1-22. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approve! shall not be unreasonably withheld. The City expressly reserves the right to tertn'snate the franchise granted herein 'rf the Company breaches any of the provi- sions ofthis franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not ba excused from complying with any of the farms and conditions of this franchise by any failure of the City to insist upon ar seek complf- arrce with any such terns or corrdifions. Furthor, it is agreod that the subject mat- ter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 12-1-23. This Qrdinamce shall become effective and binding upon its approval and passage in accordance with Lowe law and. the written acceptance by the Company, The Company shalt within thir- ty (30} days after the approval of this ordi- nance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the fens acrd provisions of this ordinance. Following City Council approval and written acceptance by the Company, this ordinance shall be pub- lished in rho Iowa City Press Citizen. The effective date of this Ordinance shelf be the date of publication. T2-1.24. ft any at the provisions of this franchise ordinance are fqr any reason declared to be illegal or void, the lawfuE provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and eilect, ihe same as if the fran- chise ordinance corttairred no illegal ar ,void provisions. fn the even! any provi- sion or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applica- bio cour# ruling. 12.1.25. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. F PASSEDANDAPPROVED ihis271hday of November 2007. ~ CITY OF IOWA CITY, IOWA slRoss Wilburn, Mayor j Attest: SJMarian K. Karr, City Clerk p~. 3 ~3 fi3466 December 5, 2007 f ,~' ~lll~~s ~ ~.Y~_ _ CITY OF IOWA CITY 410 East Washinatan Street Iowa City, Iowa 52240-182b (319) 35b-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. 07-4295 which was passed by the City Council of lows City, Iowa, at a Council meeting held on the 11th day of December, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 19, 2007. Dated at Iowa City, Iowa, this $th day of January, 2008. ~~ , J .Voparil Deputy ity Clerk Printer's Fee $~~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, Dian~ecicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): -~P~~ 7 Legal Clerk Subscribed and sworn to before me this day of A.D. 20~~. otary Public ~a ~ a~, L1jISDQ! i~CC37Z .$ri' ~ Ca;slrrrlssfon Dumber 732818 ~.' ,~ FryCornmissfonExpires "" - January 27, 260II , OFFICIAL PUBLICATION ORDINANCE N0.07-4295 AN ORDINANCE A1ulENDING A PREVI- OUSLY APPROVED SENSITIVE AREAS DEVELOPMENT PLAN AND REZONING OF APPROXIMATELY 10.41 ACRES OF PROPERTY LOCATED EAST OF HIGH- WAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav-Ed Umited and Prime Ventures Construction Inc, have applied far amending a previously approved Sensitive Areas Development Plan and Rezoning of approximately 10.41 acres of Property; and - WHEREAS, said property is located on the east of Highway 218 and south of ' Melrose Avenue; and WHEREAS, )n February 2006, a waiver Irom the subdivision regulation of maxi-_ mum street length of a cut-de-sac street Eo minimize the disturbance of the sensitive' areas on the property was also approved ,and therefore, a sensitive area overlay', rezoning was required; and WHEREAS, per Sensitive Areas Ordinance (14-5l~ a sensitive areas devel- opmentplan was approved showing delin- eation of all the regulated environmentally sensitive features on the property indud- ing regulated slopes and their assodated buffers, woodlands and wooded groves, and construction area limit tines on lots 8 through 15 and lots 17 though 22 to pro- vide adequate protedicn to the sensitive areas; and ' WHEREAS, the applicants have now applied for amending the constructlon ~ area limit lines on lots 8, 9, 12, 15 and 19 through 22 to allow for additional devel- opableareas on the said lots; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments, has heard public input, and has determined that amendments are generally consistent with the Code and in the interest of public, provided measures are taken to ensure long-term stability of the impacted slopes and their associated i woodlands, and compliance wish oon- strudion area limits; and WHEREAS, th9 Planning and Zoning Commission has recommended approval. NOW, THEREFORE, BE iT ORDAINED jBY THE CITY CDUNCEL OF THE CITY OF IOWA CETY, IOWA: TI The proposed amendments to said Sensitive Areas ipevelopment Plan for the property zoned as Sensitive Areas OverlaylLOw Density ,Single-Family Residential Zone (OSAIRS- 5) and described below, is hereby approved: BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION - PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED iN PLAT BOOK 37 AT PAGE 266 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE ;THENCE N47°13'15"W ALONG THE EASTERLY RIGHT-DF-WAY LINE OF PRIMARY ROAD NO- 2t8, DIS- TANCE OF 463.34 FEET; THENCE N41°31'43"W, ALONG 5A1D EASTERLY WEST RIGHT-OF-WAY LINE, 162.1f FEET; THENCE N43°21'50'W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1189 34 FEET; .THENCE N30°16'13"W, ALONG SAID EASTERLY RIGHt-OF- , WAY LINE, 365.14 FEET; THENCE N25°31'O6"W, ALONG SAED EASTERLY RIGHT-OF-WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT•OF-WAY LINE OF MELRDSE AVENUE; THENCE N88°OB'02"E, ALONG SAIp SOUTHERLY RIGHT-OF-WAY LINE, 367.90 FEET; THENCE N134°4T00'E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 121.65 FEET; THENCE N57°15'00"E, P5 t ~Z ALONG SAIp SOUTHERLY RIGHT-OF- WAY LINE, 34.44 FEET, TD A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION -PART TWO, tN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE 269 OF THE RECORDS OF ~ 7HE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32°4T55"E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21°37'22"E, ALONG SAID , WESTERLY LINE, 542.61 FEET; THENCE S13°40'39"E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE S42°41'26"W, ALONG SAID WESTERLY LINE, 5D.00 FEET; THENCE SOUTH- EASTERLY, it2.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE NORTH- EASTERLY, WHOSE 11D.73 FOOT CHORD BEARS 565°15'35"E; TH>=NCE S66°4T23"W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION -PART THREE; THENCE S42°4f'26"W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES,~MORE OR LESS, AND t5 5U8- ; JECT TO EASEMENTS AND RESTRIC- TIONS OF RECORD. SECTION tl. CDMPLIANCE M~ASIIRF.S, Per Sensitive Areas Ordinance (14-51-5), , approval tsf the Sensitive Areas Development Plan is subject to provisions ~ and restriction set forth in said plan and . legal papers, and in this instance, shall also include compliance with the follow- I ing: 1. Slopes - Maintaining a consistent grade from building lots into outlois and avoiding , "oveAalfs"from IaLs onto the steep slopes ' ' on the construction limits and outlets 2. Soil quality-Amending the soil on each • Ipt with compost and avoid compaction to ~ create a healthy soil siruofure.that can absorb a large amount of water, decreas- ing the erosion potential and impact on critical slopes 3. Timber improvements -Removing p invasive species and weed trees to open up the forest canopy to allow for regener- i anon of desirable frees, and light to the forest floor 4. Planting native woodland grasses and Y flowers in the understory to prevent soil erosicn 5. Storm water management -Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat rain from roofs, decrease the amount of direct water flow auto the steep slopes and ravine 6. Temporary construction fencing shall 6e put in place along the construction area limit lines prior to development of the indi- vidual lots. CanTumatian that these conditions have been adhered to, shall be provided at the time a1 issuance of building permit, con- struction run-off permit, and certificate of ' occupancy. Any development acsiuity at variance with the approved plan andlor associated legal papers shalt be deemed ' a violation of these regulations and sub- ject to any enforcement aMion and penal- ' ties allowed according to article 14-7-C "Penalties and Enforcement". SECTION III. ZONING MAP T h e ~ Building Inspector is hereby authorized , and directed to change the zoning map of the City of Iowa City, Iowa, to confomr to this amendment upon the final passage, approval and publication of this ordinance by taw. ~~ ~ ~ ~~~ 5'EC~.FFlTIF1CATI0d- ANiZ RECOAbING. Upon passage and approval at the Ordinance and the assod- eted Preliminary Sensitive Areas Development Plan, the City Clerk is here- by authorized and directed to certify a copy of this ordinance acrd the Preliminary Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, ai the owner's expense, all as pro- vided by law. SECTION V. REPEA!_ER. A11 ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, . If any sec- tion, provision or part a! the Ordinance shall be adjudged to be invalid or uncon- stitutional, such adjudication shall not aflecf the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approvl antl publication, as pro- , vided bylaw. Passed and approved this 11th day of } Dec+erttber, 2007. ~ slRoss Wiltwm, Mayor Attest: slMarian K. Karr, Gity Clerk 63609 December 19, 2007 ~ a ~ a~L j r ~~~~~ -~.~._ CITY OF IOWA CITY 410 i:asi Washington Street Iowa Ciry, Iowa 52240-1826 (319] 356-5000 (319] 356-5009 FAX www.icgov.org STATE OF IOWA ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 07-4296 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 11th day of December, 2007, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 19, 2007. Dated at Iowa City, Iowa, this 8th day of January, 2008. \\ ,, ~V Julie paril Deputy City Clerk Printer's Fee $~• `~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~~G~ f l J Dian~ecicka, 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 ~~ day of A.D. 20~~. Notar Public ,~-~~INi~A K~C~'~Z .x"~n4 r Cammtsslon Number 732819 firy C4mmiss4an Expires . ~'~' ,lanuary 2T, 2048 OFFICIAL PUBLICATION ORDINANCE N0.07-4296 ORDINANCE AMENDENG TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 6, ENTITLED 'POLICE CITI- ZEN REVIEW BOARD," TO MANE THE PROVISIONS OF THE POLICE CITI- ZENS REVIEW BOARD !N THE CITY CODE CONSISTENT WITH THE CITY'S HOME RULE CHARTER. WHEREAS, Section 6-8 of the City Code provides far a Police Citizens Review Board; WHEREAS, a majority of voters at the election on November 6, 2007 voted to amend Article V of the City's Home Rula Charter to require a permanent Police Citizens Review Board; WHEREAS, the Giry Code should be con- sistent with the City's Home Rule Charier; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 7HE CITY OF CITY, IOWA: SECTION i. AMENDMENT. 1. Title $, entitled 'Police Regulations," Chapter S, entitled "Police Citizens Review Board," Section 1, entitled "Creation of Police Citizens Review Board," is amended by deleting 5edion 1 in its entirely and adding the following new Section 1 in lieu thereof: As permitted under Iowa's home rule authority and as required by the City's , Home Rule Charier, the City creates a Police Citizens Review Board (hereinafter "board"), subject to the duties and limited powers set forth herein. 2. Title 6, entitled "Police Regulations," Chapter f3, entitled "Police Citizens Review Board," Section 2, entitled'Intent, Goals and Guiding Principles," Subsection O is amended by deleting Subsection O and adding the following new Subsection 0 in lieu thereof: The board shall hold at least one commu- nity forum each year for the purpose of hearing c6zens' views on the polices, practices and procedures of the Iowa City Police Department, review police prao- tires, procedures, and written policies as those practices and procedures relate to the police department's performance as a whole, and report their recommendations, if any, to the city council, city manager and police thief 3. Title B, entitled "Police Regulations,". Chapter 8, entitled "Police Citizens Review Board," Section 7, entitled "Duties of Board; Complaint Review and General Duties," Subsection B is amended by deleting Paragraph 1 e and adding the fcl- iowing new Paragraph t e in lieu thereof: Perform its own investigation with the authority to subpoena witnesses. 4. Title S, entitled "Police Regulations; Chapter 8, entitled "Police Citizens . Review Board,` Section 7, entitled'Dutias of Board; ComplainYRevlew'arrd Genera] Duties,' Subsection C is amended by deleting Paragraph 3 and adding the fol- lowing new Paragraph 3 in lieu thereof; In addition to the annual report, the board shall report to the city council, from time to time, en police practices, procedures and policies, including recommended changes, if appropriate, and hold at least vne community forum each-year for the purpose of hearing citizens' views on the policies, practices end procedures of the Iowa Ciry Police Department 5. Title B, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board," Section S, entitled "board Composition; Limited Powers of Board," Subsection 8 is amended by deleting Paragraph 3 and adding the following new Paragraph 3 in lieu thereof: The board has no power to review police officer personnel records or disciplinary matter except to the extent such matters are made public by the cty attorney or are the subject of an enforceable subpoena. SECTION Il. REPEALER. All ordinances and parts of ordlnarloes in conflict with the provision of this Ordinance are hereby repealed. SECTION IIl_ SEVERABILITY. It any sec- tion, provi-sion or part.of the Ordinance shall be adjudged to ba invalid or urtcon- stitutional, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION fV. EFFECTIVE DATE. This Ordinance shall ba in efled after its final passage, approval and publication, es provided by law. Passed and approved this 11th day of December, 2007. slAOSS Wilburn, Mayor Attest: slMarian K. Karr, City Clerk 63810 December 19, 2007