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HomeMy WebLinkAboutOrdinances1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 3S6-5009 FAX www.Icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4687 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of January, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 26, 2017. Dated at Iowa City, Iowa, this 13th day of February 2017. Voparil Deputy City Clerk ko �*hedia Pcr PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, as.: 1p J I ')� .:)." The undersigned, being first duly swom on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001876490 1/26/17 01/26/17 $142.73 Copy of Advertisement Exhibit"A" to before me by said affiant this 30th day of JanuArv. 2017 IV otary Public in and for State of Iowa Z~ ANDREA x * HOUIGZ90N N COMMISSION O56 111y COMMISSION XRES /ow• .1. 72 Zo,, Pounds 6.0 performance and sludge criteria. individual user shall ewastewater having a PH an 5.0 or greater than 12.0 no any other corrosive capable of causing or hazard to POTW 'S, equipment or by and which e the shall s and any from shall sr �, I'c is e, tl 'Y{pp"C"Hon By rial Users For Discharge and ubsecHan B is ng the following: shall notify the Rely of changes facility affecting a5 Ug discharge, 3 the POTW to need far a slug ICtians to prevent ' 1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4688 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of January, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 26, 2017. Dated at Iowa City, Iowa, this 13th day of February 2017. �6,, =I 4 J . Voparil Deputy City Clerk P( edia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, as.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: 1 0001876510 1/26/17 01/26/17 $33.02 1 Copy of Advertisement Exhibit "A" kL<-,, Subscribe and 4;f before me by said affiant this 30th day of January. 2017 otary Public in and for State of Iowa =PAfAt. ANDREA HOUGHTON COMMISSION NO. 763956 • r COMMISSION EXPIRES /OWA \,.(. /9 7-er. .(•half T:1 wamance 1V o. 1a -400J on 19, 2016 to allow tation Network S. (i.e., ride sharing s such as uber) to .AS, the Governor signed on Map 9, 2016 (codified r 321N of the Iowa Code) preempts cities from "Transportation Companies" after 1, 2017 and voids all local as of that date; and AS, it is in the public [ERBBYORETH BE ITY OF THE CITY OF .AMENDMENTS. entitled "Business and ulations," Chapter 3, on Network is repealed in its II. REPEALER. All and parts of in conflict with the this Ordinance are as a SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th dr January, WIT ames A. Throgmorton, Mayor Attest: s/Julie Voparil, Deputy City Clerk P!�-a�-.), CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.I cgov, o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4689 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of January, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 26, 2017. Dated at Iowa City, Iowa, this 13th day of February 2017. Ju' ". Voparil Deputy City Clerk Ltf. S, C1 P( iedia PRESS-CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and thal an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001876524 1/26/17 01/26/17 $45.61 Copy of Advertisement Exhibit"A" Subscribed andewomV6ne by said affiant this 30t - y of January. 2017 40ra�ry Public in and for State of Iowa k ANDREA HOUGHTON > ![ COMMISSION NO. 753956 I " MY QOMMISSION EXPIRES the such ANCE NO. 17-4689 CEAMENDING CHAPTER EPUDBL CIC 3 "CITY UTILTIES," H, ENTITLED SOLID BY t.. DEFINING UTION ADOPTED BY AND IISTROATIVE RULI N G ES. sREAS, Sectionl6-313-8F of ity Code provides that no mayplace a solid waste ier m a public alley in the Bowe without a permit, and >wn is defined as the CB -10 SREAS, the plan to permit one hauler to have solid containers in the public includes the alleys in the zone as well as the ide :R7 AS, the Cityy Mana er be authorized to estab)gish istrative rules that provide mal detail in writing ing the operation of the 'Etem; and IIYEAS, it is in the beat to H H F-1 BE IT CITY rY OF is I the 1: - means the area in City as defined in the [opting the solid waste entiretynd substituting in hereof tie following new V h2: C it Manager or desi ee is izey to esabIish strative rules not stent with any ordinance to out the provisions of this ;ion. A copy of said rules ie on file wish the City Clerk available on the City's CION H. REPEALER. All ices and parts of ices in conflict with the an of this Ordinance are repealed. CION III. SEVERABILITY. section, provision or art of dinance shall be adjudged to valid or unconstitutional, udication shall not affect of the vPuivajue as a EFFECTIVE e shall be in provided by la ` Passed 2017 proved this 17th day of January,Ul s/ ames A. Throgmorton, Mayor Attest: s/Julie Vopahl, Deputy City Clerk �r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.I 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. 17-4690 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of February, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 16, 2017. Dated at Iowa City, Iowa, this 17th day of March 2017.�� \\ Jul1 Voparil Deputy City Clerk P(�hedia PRESS -CITIZEN MEDIA PARTOFTHE USATODAY NETWORK AFFIDAVIT OF PUBLICATION COPY OF ADVERTISEMENT STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates 2-((e—Il Subscribed and sworn to before me by said affiant this 2($ day of 2o1-) Notary Public in and for the State of Iowa "c q� ANDREA HOUGHTON COMMISSION NO. 763956 r � r C MMISAWWIRES +ow" L9 2or OFFICIAL PUBLICATION ORDINANCE NO. 17-4690 AN ORDINANCE CONDITIONALLY REZONING 3.48 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL ROAD AND GATHERING PLACE LANE FROM PLANNED DEVELOPMENT OVERLAY (OPD -5) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00007 WHEREAS, the applicant, TSB Investments, has requested a rezoning of 3.48 acres of property located at the southeast corner of Camp Cardinal Road and Gathering Place Lane from Planned Development Overlay (OPD -5) Zone to Low Density Multi -Family Residential (RM -12) Zone; and WHEREAS, a Comprehensive Plan Amendment was recently passed to change the designation of the property from 2 to 6 dwelling units par acre to 8 to 16 dwelling units per acre; and WHEREAS, Camp Cardinal Boulevard is an arterial street and Camp Cardinal Road is a collector street; and WHEREAS, the Iowa City Comprehensive Plan indicates that property at the intersection of a collector and an arterial street is suitable for alternatives to single family residential; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing design review and general compliance with the submitted concept; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations. in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): LOT 2, ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, IOWA CITY, IOWA, AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SECTION II ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof adjudge invalid or unconstitutional. SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of February, /s/ James Thro A. Thragmortion, Mayor Attest: /s/ Julie Voparil, Deputy City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'), and St. Andrew Presbyterian Church (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 3.48 acres of property located at the southeast corner of Camp Cardinal Road and Gathering Place Lane; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single Family Residential Planned Development Overland (OPD -5) to Low Density Multifamily Residential (RM -12); and WHEREAS, a Comprehensive Plan Amendment was recently passed to change the designation of the property from 2 to 8 dwelling units per acre to 8 to 16 dwelling units par acre; and WHEREAS, the Planning and Zoning Commission has determined the presence of steep slopes and woodlands in the area and the significant increase in planned residential density, require careful attention to building and site design to assure that the development is compatible with its setting, has usable outdoor space, has adequate provision for pedestrian access, and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building and site design, and payment of Neighborhood Open Space fees, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 need for Neighborhood Open Space and appropriate multifamily building design; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: St. Andrew Presbyterian Church is the legal title holder of the property legally descnbed as LOT 2 OF THE ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, AS RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. 1. The Owner acknowledges that the City wishes to ensure conformance to the principals of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code § 414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 2. In consideration of the City's rezoning the subject property. Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. General compliance with regard to building and parking placement shown on the site plan attached hereto. b. Payment of Neighborhood Open Space fees based on RM -12 density equivalent to the value of 7,124 square feet of property prior to issuance of a building permit. c. Approval of exterior building designs by the Design Review Committee to ensure consistency with Comprehensive Plan policies regarding compatibility with the character of the surrounding neighborhood with attention to the use of building materials to help minimize the large scale of the buildings and emphasis on the building entrances, will be required prior to approval of a building Permit. d. Provision of useable outdoor space including features such as an outdoor dining area and lawn for informal recreational use. 3. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and OFFICIAL PUBLICATION that said conditions satisfy public needs that are caused by the requested zoning change. 4. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 6. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 7. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be worded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 15th day of January, 2017. CITY OF IOWA CITY s/ James A. Throgmorton, Mayor Attest: a/ Julie Voparil, Deputy City Clerk ST. ANDREW PRESBYTERIAN CHURCH By. I ,lZR444z RS �,usidcut REZONING EXHIBIT ST INW E1V %E9eYiEeV Y cMIFLI+ PMIq LOT} IOWA CITY. JOHNSON COUNTY, IOWA tOI, Y, O.�IM .,_I Wp-Mxi CI1lY IRVIXOix mvermalmovxn. 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YN+ . m.o't.m+.,rwlxw+awc�.aY..m.u,«I wxs+M��axmiuwwN mu�u eox�clv��w+� o vroxw'1ox rnxr>m1.xm %on oaos.Y eaxxo - R.➢RY 6EIUc+N.Ox.uTM' .PC4r.ue Nocruo 1P.PE. e[pGCM MM Is,+tL11nR _gam= ------- - �. r.nwlum �1]-pE%OMOYq. lilJl✓< vnP SACMP IP:)xl Y MIPNMP .x 111 `I 111111 E1 ,- 111 1��1 Ij --- �--PWL 1 xena+x o — „ 11'I 1i 111111 Pwuxev eRc-oul e1 111 / 1 ' 1 � axo.,YrtPxmx '1 11 ` 1 1 � �' ✓ 1 �, P9..CW 11 1 1 REZONING EXHIBIT ST INW E1V %E9eYiEeV Y cMIFLI+ PMIq LOT} IOWA CITY. JOHNSON COUNTY, IOWA tOI, Y, O.�IM .,_I Wp-Mxi CI1lY IRVIXOix mvermalmovxn. YN+ . m.o't.m+.,rwlxw+awc�.aY..m.u,«I wxs+M��axmiuwwN mu�u eox�clv��w+� o vroxw'1ox rnxr>m1.xm %on oaos.Y eaxxo - R.➢RY 6EIUc+N.Ox.uTM' .PC4r.ue Nocruo 1P.PE. e[pGCM MM Is,+tL11nR .PPwoow.0 r.nwlum �1]-pE%OMOYq. lilJl✓< vnP SACMP IP:)xl Y MIPNMP .x 6TN13 �--PWL 1 xena+x o — „ a Pwuxev eRc-oul e1 axo.,YrtPxmx .mx P9..CW ,xY..1m� ,mow F:Na��Na�M Namuxouu.vTcxsvunPxun wme. PP[PoPNM1Dm.M11 PFN]vEll M P��`co�NRR�oN NOS FOR II 10— 11 hbk KNOINSAMM9 qcn �cww.0 gml�tu; mrcn • �11exM. rt.�6 u! Ylpyi,ill •new®evn oleoxsu �I.�N..YY.. 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. 17-4691 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of February, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 16, 2017. Dated at Iowa City, Iowa, this 17th day of March 2017. Jue� Voparil Deputy City Clerk State of Iowa County of Johnson, ss.: PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION `' - 1 Oq The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the taws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001923712 2/16/17 02/16/17 $35.90 Copy of Advertisement Exhibit "A" Subscribed Aad4'Worqt1re me by said affiant this 21 h jjay of February. 217 )Ii�= No ary Public in and for State of Iowa ANDREA HOUGHTON COMMISSION NO. 763956 MY COMMISSION EXPIRES ORDINANCE NO. 17-4691 ORDINANCE AMENDING TITLE 9. ENTITLED "MOTOR LEAS, in 2015 the City ied a food truck vending system. to allow vendors to on City streets exceptin restricted areas, which the downtown area ial areas, and within 190 have requested the them to vend in area during the IE earX morning hours; a part a pilot program etablished that all ing the late evening morning hours in the d it is in the City's to establish such a [ERBBYRETHE BE ITY OF THE CITY OF kin Re ations," itle F adding kte ubsection I: g U9ing any other section, the City lthorized to establish n for food trucks to a permit during the and early morning vntown zone. L RdEPEAL ER. All ans of L conflict p with the this Ordinance are I. SEVERABILITY. I or art of shall be ac(judp d to or unconstitutgtonal, ion shall not affect the Ordinance as a JIV IV. EFFECTIVE Chis Ordinance shall be in after its final passage, and publication, as by law. and approved this 7th day of Februarv. 2017. a/James A. Attest: i City Clerk CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 3S6-5000 (3 19) 3S6-5009 FAX www.1cgov.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. 17-4692 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of February, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 16, 2017. Dated at Iowa City, Iowa, this 17th day of March 2017. Julie . Vopar I Deputy City Clerk ��(�ri edia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK COPY OF ADVERTISEMENT Filyyi.7aylIII go] a!]1 134raT_i0919 STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates Subscribed and sworn to before me by said affiant this day of Notary Public in and for the State of Iowa ANDREA HOUGHTON t COMMISSION NO. 753956 C MMIS ION EXPIRES �owA ym, ORDINANCE NO. 17-4692 4— ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY DELETING SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," AND PROHIBITING SOLICITATION REQUESTS TO PERSONS WITHIN A SIDEWALK CAFE WITHOUT THE CAFE'S PERMISSION. WHEREFORE, Section 8-5-2 of the City Code prohibits "solicitation" (aka, panhandling) in certain manners and in certain places in the downtown; WHEREFORE, since the Supreme Court's 2015 decision in Reed v. Town of Gilbert, lower courts addressing solicitation/panhandling throughout the United States have consistently found those ordinances to violate the First Amendment; WHEREFORE, in accordance with the City's Attorney's memo to Council of December 8, 2016, Section 8-5-2 should be repealed; WHEREFORE, the Iowa City Police Department has received complaints regarding solicitation that occurs at sidewalk cafes; WHEREFORE, persons dining at sidewalk cafes are captive audiences; WHEREFORE, by agreement with the City, the sidewalk cafes are under the control of the cafe business; WHEREFORE, requests and/or solicitation for the exchange or transfer of money or anything else to persons in a sidewalk cafe without the cafe's permission should be prohibited; 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 THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 1, entitled "Disorderly Conduct," is amended by adding the following new Subsection A9: No person shall request or solicit an exchange or transfer of anything from any person Inside a sidewalk cafe without permission of an employee of the business operating the cafe. No person shall be cited under this subsection unless the person engages in such prohibited conduct after having been notified by a peace officer that the conduct violates the City ordinance. Any violation of this subsection shall be considered a simple misdemeanor punishable by a fine of $65.00. 2. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled 'Aggressive Solicitation," is repealed in its entirety. 3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Sections 10C and 14A are amended by deleting the phrase ..as illustrated on the map in section 8-5-2" in the definition of "downtown' and substituting in lieu thereof "as illustrated on the map at the end of this chapter" The attached map of the "downtown" should be added by the codifier to the end of Chapter 5, Title 8. SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor punishable by a fine of $65.00. SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION IV SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutional. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. r Passed and approved this 7th day of February, 2017. s/James A. Throgmorton, Mayor Attest: s/Julie Voparil, Deputy City Clerk Downtown ,r. IOWA AVE UNI VERSI TY OF IOWA ,.. CI I� JEFFERSON S1 I ST Mercy Hospital N � Z � W n m W� m Q 3 MADISON ST MADISON ST 1\ III • "w'®'04 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.1cgov.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. 17-4693 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of February, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 2, 2017. Dated at Iowa City, Iowa, this 12th day of April 2017. � � S2 Jullle- < Voparil Deputy City Clerk Cr e !a PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001956022 3/2/17 03/02/17 $42.37 Copy of Advertisement Exhibit "A" before me by said affiant this 7th day of March. 2017 Notary Public in and for Stale of Iowa Z4P'�sr t ANDREA HOUGHTON !I COMMISSION NO. 763956 1 MY COMMISSION EXPIRES by �plicant, Ellia equeSted that coney to the of the alley !enuee and 32 the vacation is ited to allow the for thuire e abutting Ellis Avenue; and is utilizeds for access tion by nearby a suitable public cement will be in lieu of the rid the drivewav will be publicwater and utilities exist on the right-of-way; i utility easement over the vacated the Planning and ission has the �ovosed vacation of and has recommended of this application to a public access paving, or the driveway, OF THE CITY OF IOWA: I VACATION. The va City hereby vacates I of gublic right-of-way as follows subject to a ess easement and a II. REPEALER. All and in conflict parts of the this Ordinance are L SEVERABILITY. provision or part sp all be adjudged as a EFFECT DATE. shall be in effect passage, app val as provided by Passed and apprwed day of February, 201. s/ James A. Throgmorton, Mayor Attest: s/ Jure Voparil, Deputy Citv Clerk STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk Ordinance attached hereto is a true passed by the City Council of Iowa March, 2017, all as the same appe Press -Citizen on March 16, 2017. of the and co City, I ars of ��■14 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. o rg City of Iowa City, Iowa, do hereby rFeet copy of the Ordinance No. 17-4 owa, at a Council meeting held on record in my office and published in Dated at Iowa City, Iowa, this 12th day of April 2017. Ju' K. Voparil Deputy City Clerk certify that the 694 which was the 7th day of the Iowa City Pcrhedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001987302 3/16/17 03/16/17 $84.46 Copy of Advertisement Exhibit "A" 0A, Subscrire"ds'w�jtf efore me by said affiant this 17th day of March 2017 (lar- N'o a ublic in and for State of Iowa ANDREA HOUGHTON COMMISSION NO. 763956 \�'"y COMMISSION EXPIRES IOWA Ir.j, %9_ 7-1f, ORDINANCE NO. 17-4694 AN ORDINANCE AMENDING TITLE 4 CHAPTER 3 OUTDOOR SERVICE AREAS ANb TITLE 14, ARTICLE 4D, TEMPORARY USES, TO ALLOW LIMITED USE OF AMPLIFIED BACKGROUND MUSIC FOR EATING AND DRINKING ESTABLISHMENTS IN THE RIVERFRONT CROSSINGS SOUTH GILBERT AND WEST RIVERFRONT SUBDISTRICTS. WHEREAS, Iowa City, similar to other cities across the country, regulates amplified sound In outdoor areas to prevent public Noise ri2Strit.iivflS (for Outdoor Service Areas), and substitute in lieu thereof: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. A noise mitigation plan outlining the techniques to be used to minimize the carry of noise across propertli boundaries shall be included wit the OSA application. The OSA shall be designed to minimize the carry of noise outside the OSA through the. use of. specialized 1q au, , uunun,a „�, nuu, nuvu, particularly in the down own area, r. ......,.ep ... .__ areas, except as allowed by Title areas, where there is a concentration of 14 -4C -D of this Code: Amend Section 14-413-2, outdoor service areas, and in areas that ore close to residential B. Temporary Uses Allowed, by neighborhoods; and adding the following paragraph: WHEREAS, in certain parts of Seasonal permit for limited use music in the Riverfront Crossings District, of amplified background namely the South Gilbert and West outdoor service areas associated Riverfront Subdistricts, where with eating or drinking outdoor service areas are not establishments located in the currently as prevalent and where Riverfront Crossings South single family zones are not in the Gilbert (RFC -SG) or Riverfront vicinity, limited use of low Crossin8g - West Riverfront volume, amplified background (RFC -WR) Zones, according to the music in outdoor service areas approval criteria set forth in may be acceptable as a part of a Section 14-413-4 and any associated mixed-use neighborhood on a case conditions deemed appropriate by by case basis provided there are the city to advance the purpose of appropriate controls on the the approval criteria. volume, location, hours, and C. Amend Section 14-4D-4, design of the outdoor service Approval Criteria (for Temporary areas to prevent spillover Uses), by adding a new subsection nuisance noise; J., as follows: WHEREAS, noise control to J. Where amplified sound Is outdoor service areas and use of allowed in an outdoor service area amplified Sound is of particular as a temporary use pursuant to concern due to the potential for 14-40-2, a temporary use ermit sound to travel across property may be granted upon satisfaction boundaries and into surrounding of the following additional neighborhoods, so special attention approval criteria and shall be is needed when considering design operated accordingly: of these spaces to prevent 1. Amplified sound is only nuisance noise and amplified allowed if the OSA is located more sound should only be allowed with than 300 feet from any residential oversight by the City through a zone. temporary use permit; and 2. Amplified sound shall be WHEREAS, allowing amplified limited to background music background music through a intended to enhance the outdoor seasonal temporary use permit dining experience associated with allows the flexibility for the City an eating or drinking to work with the applicant to establishment and therefore establish a set of standards and should be kept at a low volume controls appropriate to the that will not inhibit normal specific location and will allow the conversation within the OSA and City to more quickly remedy any will minimize carry to areas nuisances that arise; and outside the OSA. WHEREAS, the Planningand 3. Amplified background music Zoning Commission has reviewed is only allowed if the OSA is the proposed zoning amendments located more than 100 feet from and recommend approval. any other OSA, unless it can be NOW, THEREFORE, BE IT demonstrated that he amplified ORDAINED BY THE CITY sound from the OSA is not audible COUNCIL OF THE CITY OF within the other OSA. CITY IOWA- 4. The City may restrict the SEdTION I. The Code of hours when amplified sound may Ordinances of the City of Iowa be used. However, in no case shall City, Iowa is hereby amended as amplified sound be permitted follows: between the house of 12:00 P, Delete paragraph 4-3;1C-5, midnight and 10:00 AM. - 5._ -Amplified sound. may ,be \,71-L46gy X5.33 °4, restricted or pronibitea during Public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan in accordance with Section 4-3-1C(5). 7. Live entertainment, movies, DJs, Or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for these types of special events. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of. this Ordinance are SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. )N IV. EFFECTIVE his Ordinance shall be in iter its final passage, and publication, as by law. and approved this 7th irch, 2017. \. Throgmorton, Mayor 'Kellie Fruehling, Deputy 1 ► III WSW, r' our�� ." -an- CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX WWW.Icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4695 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 16, 2017. Dated at Iowa City, Iowa, this 12th day of April 2017. \ 1 O Ju' Voparil Deputy City Clerk PCheafia v PRESS -CITIZEN MEDIA PART OFTHE USATODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001987395 3/16/17 03/16/17 $61.08 Copy of Advertisement Exhibit "A" AV& Subscrib d and sw 14 before me by said affiant this 17th day of March 2017 Notary Public in and for State of Iowa ANDREA HOUGHTON COMMISSION NO. 763956 COMMISSION EXPIRES i f64wA � 2or Pedestrian -oriented, mixed-use zones outside the where buildings a from the street w storefront feature: may cover up to ' as a es, a C are 10Catea in Du11aingS Mat a ORDINANCE NO. 17-4695 AN ORDINANCE AMENDING CITY CODE SECTION 14 -20 - rVHCKtHJ, ine r idnning and SIGN REGULATIONS IN THHEE Zoning Commission has reviewed the proposed zoning amendments CROSSINGS FORM -BASED FORM -BASED CODE, TO and recommends approval. CHANGE THE SIGN NOW, THEREFORE, BE IT ORDAINED BY THE CITY ALLOWANCE FOR FASCIA COUNCIL OF THE CITY OF SIGNS FOR COTTAGE CITY, IOWA: INDUSTRIES AND ASSOCIATED SECTION I. The Code of USES IN THE SOUTH RFRO T Ordinances of the City of Iowa SUBDISTRICT RIVINGS. ERFRONT CROSSINGS. City, Iowa is hereby amended as WHEREAS, recently adopted changes to the sign code for follows: A. Delete paragraph 14 -2G -7F -9a, Central Business Zones and regarding si n allowances in certain subdis riots of Riverfront Riverfront Crossings Zones adjusted the signage allowance for Crossings, and substitute in lieu fascia signs for commercial uses thereof: a. In the South Downtown, to reflect the pedestrian -oriented Central Crossings, Park, and storefront character of the buildings in downtown Iowa City South Gilbert Subdistricts, signage and in commercial and mixed-use on mixed-use and non-residential buildings shall be allowed buildings in the Riverfront Crossings District; and according to the standards that WHEREAS, storefront apply in the CB -70 Zone, as set forth in Article 14-5B, except that requirements in these zones are in the South Gilbert Subdistrict the intended to create a Pedestrian -oriented environment, maximum sign area for fascia for Cottage Industries and therefore a substantial percentage of the street -facing building facCade signs associated uses located in existing must be comprised of wintlows buildings that are legally non-compliant with storefront and storefront windows and below upper floor residential windows at frontage standards is 15/0 of the a scale that reflects the direct sign wall. SECTION H. REPEALER. All adiacency between the building and the public sidewalk; and ordinances and parts of WHEREAS, in rare cases of a ordinances in conflict with the provision of this Ordinance are cottage industryreusing an existing commercial building in hereby repealed. Riverfront Crossings that was not SECTION III. SEVERABILITY. If any section, provision or part of constructed as a storefront building, is noncompliant with the the Ordinance shall be adiudged to storefront frontage standards and be invalid or unconstitutional, such adiudication shall not affect maximum setback standards in the form -based code, such as the the validity of the Ordinance as a building that Big Grove Brewery whole or any section, provision or is re -purposing for their brewing part thereof not adjudged invalid operation on South Gilbert Street, or unconstitutional. SECTION IV. EFFECTIVE the fascia signage allowance is inadequate to create the same DATE. This Ordinance shall be in king of visual interest on a effect after its final passage, street -facing fagade as would a compliant storefront building; approval and publication, as provided by law. WHEREAS, a cottage industry is Passed and approved this 7th a small manufacturing use that day of March, 2017. has a significant retail component, s/James A. Throgmorton, Mayor so there is reason to create more Attest: s/Kellie Fruehling, Deputy visual interest on building fagade City Clerk without storefront features to attract customers as well as add visual interest along streets in Riverfront Crossings, which is intended to be a Pedestrian -oriented, mixed-use zones outside the where buildings a from the street w storefront feature: may cover up to ' as a es, a C are 10Catea in Du11aingS Mat a ®diOtt 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. 17-4696 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 16, 2017. Dated at Iowa City, Iowa, this 12th day of April 2017. lS. A fi K. Voparil Deputy City Clerk Q�-1 j :�. Pcr edia PRESS -CITIZEN MEDIA PART OF TH E USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0001987787 3/16/17 03/16/17 $62.52 Copy of Advertisement Exhibit "A" 'AA' Subscribe d swo n o fore me by said affiant this 17th day of March. 2017 Q3� �__ Notary Public in and for State of Iowa ANDREA HOUGHTON _ COMMISSION NO. 753956 OMMISSION EXPIRES fowA lf 79 2zr� ORDINANCE NO. 17-4696 AN ORDINANCE AMENDING CITY CODE SECTION 14 -2G -3A TO ADDRESS BUILDING AND PARKING PLACEMENT STANDARDS FOR PROPERTY AT THE CORNER OF SOUTH GILBERT STREET AND HIGHWAY 6. WHEREAS, the building_ ai to hi ur a to foster a Tented, mixed-use and U.S. Highway 6 outhern boundary of int Crossings South strict; and U.S. Highway 6, due traffic speeds and so a aitterent building and parking ay be warranted to tive and successful storefronts along this dor; on properties with frontage in the ossings South Gilbert ving buildings to be q a minimum 10' n 14 in L4 'ciingiy. sub -paragraphs, - (h), are re -lettered e sub -paragraph )(a), and substitute Parking, Loading, as on one area along me HI Surface parking a minimum of 1 sway 6 right -of -w at building to6aae on t and screened to the subparagraphs, (c), are re -lettered I I .E P Ep rts o LRlf a dd n conflict with the this Ordinance are ISI. SEVERABILITY. 1 VVu111111C11ub uM 1 uvul. )w, THEREFORE, BE IT the validity of the Ordinance as a )AINED BY THE CITY whole or any section, provision or part thereof not adiudged Invalid INCIL OF THE CITY OF or unconstitutional. Y IOWA: N I. The Code of SECTION IV. EFFECTIVE inc n of the City Iowa na DATE. This Ordinance shall be in effect after its final passage, Iowa Iowa is hereby amended as approval and publication, as ws Amend Section 14 -2G -3A -3b, Provided by law. Passed and approved this 7th ding Placement (in the South day of March, 2017. ert Subdistrict), by amending ?graph (1) as noted below, and s/James A. Throgmorton, Mayor ng a new sub -paragraph (e), Attest: s/Kellie Fruehling, Deputy allows: City Clerk ) Principal Buildings shall be ed to the front and corner of and aligned along setbacks in pliance with the following Iirements as shown in Figure I, except as indicated below: ib -paragraphs (a) - (d) ICT, for a IOT WIM h Gilbert Strt r 6, the building zes Highway 6 along a minimum an way with icular parking n setback a 6- frontage 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. 17-4697 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 16, 2017. Dated at Iowa City, Iowa, this 12th day of April 2017. \\\\ `V Ju' . Voparil Deputy City Clerk (��A Pchedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. 0001987195 3/16/17 03/16/17 Copy of Advertisement Exhibit "A" $40.93 k&� Subsc' ed a df rn to before me by said affiant this 17th day of March. 2017 otary Public in and for State of Iowa ANDREA HOUGHTON COMMISSION NO. 753956 COMMISSION EXPIRES )f. low& L.. rte. 2,a t ORDINANCE AMENDING TITLE E VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO LOW INCOME YOUTH. WHEREAS, currently the City must sell impounded bicycles at a public auction or donate to nonprofit organizations that serve low income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have an additional option to allow City staff to donate said impounded bicycles directly to low income youth and homeless individuals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows: In the event the City is unable to ascertain the owner, or the owner does not claim the bicycle within three (3) calendar months from the date of impoundment, the City shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at public auction, the City may donate it to: a) a non-profit organization or entity which serves low income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served; b) a low income/disadvantaged youth; or c) a homeless individual who has no other means of transportation. SECTION H. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of March, 2017. s/James A. Throgmorton, Mayor Attest: s/Kellie Fruehling, Deputy CHH Cierk �m, .r.® memo 1 -.IR..dl—_ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. icgov. o rg STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4698 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 30, 2017. Dated at Iowa City, Iowa, this 12th day of May 2017. IiEe-K ,loparil Deputy City Clerk PCffiedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK Q�. I `' S- AFFIDAVIT OF PUBLICATION COPY OF ADVERTISEMENT STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates 3-30-1-) 1 373.,, o Staff Member. Gannett Subscribed and sworn to before me by said affiant this "{ day of�pn`1Z10 I 1 Notary Public in and for the State of Iowa a' - ANDREA HOUGHTON COMMISSION NO. 753956 COMMISSION DFIRES iow$6 f4 24 'b r 7 ORDINANCE NO.17-408 AN ORDINANCE CONDITIONALLY REZONING 10.26 ACRES OF PROPERTY LOCATED AT NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE FROM INTERIM DEVELOPMENT (ID -RS) ZONE TO LOW DENSITY MULTI- FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16.00008) WHEREAS, the owner, Charles Jeffery Larson, has requested a rezoning of 10.26 acres of property located north of Scoff Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) Zone to Low Density Multi -Family Residential (RM -12) Zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan provided that it meets conditions addressing preservation of the wooded ravines and general compliance with the submitted concept which includes a maximum of 60 dwelling units; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable condi- tions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and appli- cant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appr l- ate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): Amended Auditor's Parcel 2005106 (Plat of Survey record- ed in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION II ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication W this ordinance, as provided by law. SECTION V REPEALER All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII EFFECTIVE DATE, This Ordinance shall be in affect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of March, 2017. s/James A. Throgmorton, Mayor Attest: s/Chris B. Guidry, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'l, and Charles Jeffrey Larson (hereinafter "Owner). WHEREAS, Owner is the legal title holder of approximately 10.26 acres of property located north of Scott Boulevard, between Hickory Heights Lane and First Avenue; and WHEREAS, the Owner has requested the rezoning of said prop- erty, from Interim Development (ID - RS) to Low Density Multifamily Residential (RM -12); and WHEREAS, development of this property is constrained by wooded ravines, regulated slopes, and the necessary on-site stormwater detention management obligations, limiting the achievable density and developable lot area: WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regard- ing building antl site design to mini- mize impact on the wooded ravines located on the property the request- ed zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable condi- tions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the public need to mini- mize disturbance of the wooded ravines present on the property; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Charles Jeffrey Larson is the legal title holder of the property legally described as: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion tying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. 2. The Owner acknowledges that the City wishes to ensure confor- mance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on grant- ing a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will con- form to all other requirements of the zorling chapter, as well as be in general compliance with the submitted concept plan for a maximum of 60 dwelling units, which has been designed to min- imize disturbance of the wooded ravines present on the property. The concept plan is attached here to and by reference made part of this agreement. 4. The Owner and City acknowl- edge that the conditions con- tained herein are reasonable con- ditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowl- edge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a cove- nant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all suc- cessors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. B. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's. Office at the Applicant's expense. Dated this 3rd day of March, 2017 CHARLES JEFFREY LARSON By: s/Chades Jeffrey Larson CITY OF IOWA CITY s/Jim. Throgmorton, Mayor Attest: srChns B. Guidry, City Clerk 0— . 1—,— lib5 YLro.Po» �, YaLryMaxMPor�ob � SW OPYm BovMY CflNR1ES6EDW vWI1Id�O0ROl/�S fMNMFYbH11a - SMRICMS �Y enbY� PMbYY,Iry MawippvpY. SV\havWlRpi. lYbrg111/Y{ IWIRA Ui W vpcurvl PM 4e My 5[vaNa FARM DEVELOPMEW I T Z ST E C O N C f P T PLL A P K N M KYM7 SHIVC-HA7TC-RY 0�1 CJ view from Scott Boulevard Kevin Hanick - Scott Boulevard development concept 2201 N Dubuque Rd, Iowa City, Iowa February 2, 2017 HNC-F-!A� f�RY Maxialum of 60 units PPP �, ,..�.� • :,fir: ,,,, rol` « � r � r4CCCC�*1 • A"=IQ 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. 17-4699 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 30, 2017. Dated at Iowa City, Iowa, this 12th day of May 2017. e I . Voparil Deputy City Clerk Pchedia PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002020257 3/30/17 03/30/17 $44.17 Copy of Advertisement Exhibit"A" Subscribed an s rn to before me by said affiant this 3th day of April, 2017 otary Public in and for State of Iowa =pPt"t s� ANDREA HOUGHTON ! COMMISSION NO. 763956 \MY (r;OMMUSSION EXPIRES fowR \r .AA. %A 7. 1, ORDINANCE NO. 17-4699 PENAL PARKING V ty or Code i Street ready to ds to set fees van ramp; and i, the City has not the monthlyparking since July 1, 2009, but increase the monthly s byp 00 and the ,its by 57.(5, effective 7, in or er to keep up sed operational costs; i it is in the best the City to adopt this FIERBYORETHE BE ITY OFTHE THE CITY OF I as follows: ng "and Harrison unediately after Swan" for both nnual permits under of Parking Ramp ng the monthly all with advance 3arking rams from 00 for surface lots $65.00, and for off from $54.00 to g the annual all day dvance payment o 919.00 for parkk� )m $684.00 to $741.U0 REPEALER. All and nflict pawith the this Ordinance are not as a V. EFFECTIVE addition of the „parking structure snau Ten e dayofM s/James Attest: Clerk Q �)- a -0Z immeaiateiy this ordinance. the ordinance be effective on oved this 21st City � r +. IMP CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4700 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of March, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 30, 2017. Dated at Iowa City, Iowa, this 12th day of May 2017. O Julie . Voparil Deputy City Clerk Q'�\ "_VZ P('ffiedia PRESS-CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and thal an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002020262 3/30/17 03/30/17 $34.82 Copy of Advertisement Exhibit"A" Subscribed kd sw r t efore me by said affiant this 3th ay of Aoril, 2017 Notary Public in and for State of Iowa ANDREA HOUGHTON Y COMMISSION NO. 753956 * AMY COMMISSION EXPIRES 0 staff has dogs to be 10-7-7-A prohibits dogs and domestic animals, excluding service animals, from being in tY?e City Cemetery except in a vehicle; and WHEREAS it is in the best interest of t`he City to allow dogs and other domestic animals in the City. Cemetery if they are on a leash or in a crate or kennel. ORDA fl= BYO THE B CITY COUNCIL OF THE CITY OF CITY SEDT ON I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property,' Chapter 7 entitled "City Cemetei ,' Section 7 entitled Prohibited Acts and' Conditions," Subsection A, entitled Animals;' is hereby amended by deleting it in its entirety and substituting the following new Subsection A: No person shall bring or, permit any dog or domestic animal to enter into the City Cemetery unless such animal is on a leash or confined in either a vehicle or in a cage, kennel, crate, or carrier. Said prohibition does not applyto an animal trained to assist persons with disabilities. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the pprovision of this Ordinance are herebyy repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjuded to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or an section, rovi sion or part thereof- not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st dayy of March 2017. s/James arch ogmorton Mayor Attest: s/Chris B. U�uidry, City Clerk CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. i cgov. o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4701 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of April, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 13, 2017. Dated at Iowa City, Iowa, this 12th day of May 2017. \, �C. V K. Voparil Deputy City Clerk POrbedia PRESS -CITIZEN MEDIA PART OFTHE USATODAY NETWORK AFFIDAVIT OF PUBLICATION COPY OF ADVERTISEMENT STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates q-15-1 Subscribed and sworn to before me by said affiant this day of r, 1 l _ Notary Public in and for the State of Iowa ANDREA HOUGHTON $ COMMISSION NO. 753956 IyyCOMM,(SSIONEXPIRES L7 Zoi OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 174701 ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL, TO AMEND SOLID WASTE COLLECTION AND DISPOSAL FEES. WHEREAS, Iowa City Code section 34-5: Solid Waste Disposal: sets the amount of Fee, Charge, Bond, Fine and Penally for various Solid Waste materials; and WHEREAS, the Resource Management division needs to increase a number of fees in order to keep up with the increased costs of operation; and WHEREAS, the City wishes to reduce the amount of litter caused by the transportation of unsecured or uncovered loads of refuse and other material to the landfill; and WHEREAS, the Citywishes to discourage this litter by establishing a fee for arriving at the landfill with an unsecured or uncovered load; and WHEREAS, the City wishes to eliminate Solid waste permit fees, which have not been in use for several years; and WHEREAS, the City wishes to transition curbside yard waste disposal from $25 annual stickers or $1.25 per bag to a monthly $2.00 fee per dwelling unit, including food waste, effective January 1, 2018; and WHEREAS, the City wishes to increase the fees for curbside household refuse from $11.80 to $12.00 per dwelling unit, as well as increasing the fee for an additional refuse cart from $11.80 to $12.00, and increasing the fee for each additional bag from $1.25 to $2.50; and WHEREAS, the City wishes to increase the curbside recycling fee from $4.10 to $5.10 per dwelling unit; and WHEREAS, the City wishes to increase the fee for electronic waste brought to the landfill from $10.00 to $12.00 for TVs or monitors under 18', from $15.00 to $17.00 for over 18', and from $2.00 to $3.00 for other electronics; and for electronic waste collected curbside, setting the fees at $18.50 for TVs or monitors under 18', and $23.50 for TVs or monitors over 18"; and WHEREAS, the City wishes to increase the tire disposal fee from $.07 to $.15 per pound; and and WHEREAS, for other solid waste, the City wishes to increase the minimum fee from $3.25 for anything under 160 pounds, to $6.50 for anything under 300 pounds for Iowa City residents, and $7.00 for non-msidents; WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL: is hereby amended by deleting it in its entirety and replacing It as follows: 34-5: SOLID WASTE DISPOSAL: In accordance with Title 16, Chapter 3, Articles A and H of this Code, the following fees, charges, bonds, fines, and penalties shall be imposed. Description Of Fee, Charge, Bond Fine Or Pemattv Char e Yard waste collection fees: Per dwelling unit, par month: $2.00 Untreated wood waste Free Collection of large items fees: Appliance collection, per item collected 20.00 Bulky solid waste $12.50 par stop antl 1 Nem; $6.00 par additional items Tire collection $3.75 par tire; $7.50 tire and dm Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month: $12.00 Per sticker for each additional bag beyond each unit's monthly allotment $2.50 each Additional refuse carts over 1, per month $12.00 each Par 2 rooming units, per month (n addition to the dwelling unit fees) $15.90 Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs m monitors 18 inches or greater $23.50 per item Curbside recycling: Per dwelling unit, per month $5.10 Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service 50.00 Residential tenant account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service $120.00 5 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or wild waste account that is not paid within 22 days of billinc date 5 Percent current billed portion 5 Delinquency tleposit for combined water and/or sanitary sewer and/or solid waste collection service An amount equal to an average 2 month tyling for the delinquent account Special wastes disposal fees: Disposal of special wastes (except for asbestos containinu material and contaminated soils 2 times the landfill use fees in this secbon Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material (ACM): Nonfdable ACM from Iowa City premises subject to a property tax and city owned property $100.00/ton Nonfriable ACM, from other locations $105.00/ton Friable ACM, from Iowa City preartses subject to a property tax and city owned property $100.00/cubic yard Friable ACM from other locations 105.00/cubic vard Minimum fee for my regulated ACM $10.00 Contaminated soil: 15.00Aon Minimum fee for contaminated soil $150.00 Disposal of lame items fees see also Collection of I e Items fees above): Appliance disposal fees: Commercial per Nem disposed 1.00/cubw foot Residential per item disposed $12.50 et landfill scale house Tire disposal fee: Perpound $0.15 Sub act to minimum fee $3.00 Untreated wood waste and yard waste: $24.00/ton Minimum $2.00 Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: 1 at instance in trailing 12 months: Warning 2nd or subsequent instances in trailing 12 months $50.00 fee. Electronic waste $3.00 par item; TVs or monitors less than 18 inches $12.00 per item; TVs or monitors 16 inches or greater $17.00 Per Nem Solid waste from Iowa City prernises subject to a property tax and city owned pro Total landfill fee par ton includes state fee par ton $42.50 All other solid waste: Total landfill fee per ton (includes state fee per ton) $47.50 Minimum fee in lieu of tonnage fees 300 pounds or less): Solid waste from Iowa City Premises sublect toe property tax and city owned property $6.50 All other wild waste $7.00 TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, SECTION 2, DEFINITIONS: is hereby amended to add the following definition: FOOD WASTE: Food scraps and biodegradable, compostable food -related discards, as further defined by landfill Solid Waste Rules and Regulations. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-tutional. SECTION IV EFFECTIVE DATE. The amendment to the yard waste collection fees shalrbe effective January 1, 2018. All other amendments to the Ordinance shall be effective on July 1, 2017. Passed and approved this 4th day of April, 2017. sUames A. Throgmorton, Mayor Attest: s/Chris Guidry, City Clerk Julie Voparil Subject: FW: ordinance question �a <L erg., ce From: Eric Goers Sent: Thursday, April 13, 2017 5:06 PM To: Julie Voparil Subject: FW: ordinance question 'N - . I`1 — -t --I O j I'm not going to recommend changing the signed copy, so could you just attach my e-mail? Eric From: Rob Rollins [mailto:rob@sterlingcodifiers.com] Sent: Thursday, April 13, 2017 5:05 PM To: Eric Goers Subject: RE: ordinance question Works for me .... Recommend either Julie changes your copy OR attaching a copy of this email. Thanks - Rob rob @ste rlingcod ifie rs.com 208-665-7193 From: Eric Goers [mailto:Eric-Goers@iowa-city.org] Sent: Thursday, April 13, 2017 3:00 PM To: Julie Voparil <Julie-Voparil@iowa-city.org> Cc:'Rob@sterlingcodifiers.com' <Rob@sterlingcodifiers.com> Subject: RE: ordinance question Rob, That's a scrivener's error, by me. That should remain $100.00. Our office thinks we're OK leaving it at $100.00 because we didn't talk about it up top in the exhaustive list of things we proposed changing. Eric Goers Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax eric-goers@ Iowa-city.o rg I t ? CITY OF IOtvACITY UNISCOCITV Or IIT IRA? URI Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e- mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. From: Julie Voparil Sent: Thursday, April 13, 2017 2:52 PM To: Eric Goers Cc: 'Rob@sterlingcodifiers.com' Subject: FW: ordinance question Ref. Ord. 17-4701 Solid Waste Fees This email came from our Codifer. Can you help ? [See yellow highlight.] From: Rob Rollins[mailto:robClilsterlingcodifiers.coml Sent: Thursday, April 13, 2017 12:53 PM To: Julie Voparil Subject: ordinance question Ord 17-4701 the chart page 3 under "special waste disposal fees" then the entry for "minimum fee for any regulated ACM" the fee is listed as $10— in the code currently this fee is $100—was it the intent to change this fee from $100 to $10? Please advise. Thanks- Rob hanks- Rob Rollins, President Sterling Codifiers 3906 N. Schreiber Way Coeur d'Alene, ID 83815 rob@sterlingcodifiers.com 208-665-7193 me ► r 3 "mei'` z CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4702 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of April, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 27, 2017. Dated at Iowa City, Iowa, this 12th day of May 2017. Juliet pari) Deputy City Clerk R).\ 4� 3 P&edia PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002089999 4/27/17 04/27/17 $80.14 Copy of Advertisement Exhibit "A" me by said affiant this 1th day of May, 2017 Public in and for State of Iowa ANDREA HOUGHTON CJ��\dryMMIIS�S+irON NO, 7633956 I 1240 TOW& '`1 PjUlYMISSIQN GN lliE I . l n 79. Ze , in 1 Of Is sign and I and tto Ms of REAS, the sign standards Dentral Business Zones also :o the Riverf-ont Crossings- Downtown, rossin - Downtown, Universi%y Crossings, Park, South and Eastside Mixed Use ricts• and REAS, the size allowance as (building wall) signs in mtr Business Zones is on the length of the icingstorefront fagade, he standard does not zly address the sign needs Iue stand-alone or taller % where the side walls do % an adjacent building; and REAS, amending the e to allow fascia signs to 1 based on the length of the wall on which a sign is will accommodate signa e for stand-alone and tallger facades; and EAS for ease of this amendment also is si$n reg�ullationnsg for gthe ion C of mthe zeode f that the base zone into the W, these amendments p se of the sign . are m the public interest 3AS, the Planning and Jommission has reviewed used changes to the sign and recommends and THEREFORE BE IT ED BY THE CITY L OF THE CITY OF rY, IOWA: )N 1. APPROVAL. The Ordinances of the City of :y is hereby amended as lend Table 5B-4: Sign ions and Provisions in CB -5, and CB -10 Zones, the standards for Fascia nd substituting in lieu siggns - Square footage 1.5 times the length of the -- No ionoer than 901%of thb length of the §ign wall, sin band or storefront, whichever Is most applicable to the location of the sign. -- Back lit cabinet signs, where the entire face is Illuminated, are prohibited. Internally illuminated plastic trim cap letter forms are prohibited. B. Delete 14 -2G -7F(9) "Signs° in the Riverfront Crossings Zones. C. Amend 14-51I-8 "Signs Permitted b Zone" byy adding the following as Subsection L G. Sign Standards for Riverfront Crossings and Eastside Mixed Use Zones: 1. In the _ South Downtown, for be to subdistrict, use and 3 shall be e standards or interfere with ac 3. For buildings storefronts a siggnn at tie time sent that ensures allowances are ned according t width of the ind its and that the e id designs are con Q 5- 3 �3 11. REPEALER. All and parts of m conflict with the this Ordinance are of to as a by law. and approved this 18th ril, 2017. a A. Throgmorton Mayor , s/Julie Voparil, Deputy ► r +�t AIL - CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5oo9 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. 17-4703 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 11, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017. JuUe,,K Voparil Deputy City Clerk Pchedia PRESS -CITIZEN MEDIA PART OF THE USATODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002124221 5/11/17 05/11/17 $60.00 Copy of Advertisement Exhibit "A" to Vrore me by said affiant this 15th day of May. 2017 I (' � --- otary Public in and for State of Iowa s� ( ANDREA HOUGHTON r tI COMMISSION NO. 753956 * MY COMMISSION UPIR£S ORDINANCE NO. 17-4703 District Overlay; and replace it with the following: CB MU AN ORDINANCE AMENDING Crossings Master Plan states that of thebuilding for the first thing TITLE 14: CHAPTER 5, SITE feet (30) of lot depth as measured number of buildins of hi toric value, and that the City sZould )EVELOPMENT STANDARDS, zoned CB -5 and, n � _ ,_. • .Iicycl: ARTICLE A: OFF STREET partici Overlay, the bicycle the PARKING AND LOADING, TO parking requirement shall be1.25 ELIMINATE THE PARKING spaces per dwelling unit. For such REQUIREMENT FOR properties, there shall be no PROPERTIES IN THE parking requirement. DOWNTOWN PLANNING Except for the preceding, Table Except STRICT ZONED CB -5 AND IN PART HISTORIC DISTRICt 6A-1mim of this section hate the >VERLAY, AND TO INCREASE minimum parkin requirements and minimum bicycle THE REQUIRED BICYCLE requirements for parking all other BARKING AND TO INCLUDE A pproperties within the CB -5 and REFERENCE TO THE CB -5 L B-10 zones, where parking is only EXEMPTION WHICH ALLOWS MODIFICATION OF PARKING PLACEMENT STANDARDS WHEREAS. the oro 1 zoned Cts -b and contains, in part, property that is zoned Historic C. Delete 14 -5A -0(1)(a) and District Overlay; and replace it with the following: CB MU WHEREAS, the adopted Downtown and Riverfront In the CN -1, -2, CB -5, and zones, structured parking is not permitted on the ground level floor Crossings Master Plan states that of thebuilding for the first thing Downtown Iowa City contains a feet (30) of lot depth as measured number of buildins of hi toric value, and that the City sZould from the minimum setback line, take measures to preserve and these buildings; except as allowed by section 14 -4B -4A 7fl actively protect SECTION II. REPEALER. All anWHEREAS the Downtown and ordinances and parts of ordinances f conflict with the Riverfront G�rossin s Master Plan g further states that in order to provisions of this Ordinance are facilitate preservation of historic hbyy re aled. SEt;l'IN III. SEVERABILITY. structures, density bonuses, waiver. of parking requireu}gnts If an �s�ection, provision or art of the Ordinance be to and other entitlements will be shall ad juded s o ;OOAI, ,, „nnnnaf.,t„ . nnAI WHEREAS the CB -5 zone in the Downtown Plannin�g District is distinct in that the height and scale of buildings and subsequent i parking demand s limited compared to CB -10 -zoned :ADM the parking design standards for CB zones require that structured parking is not permitted on the ground floor of a building for the first 30 feet of lot depth, and WHEREAS, including a reference in the parking design standards section of the zoning code to the CB -5 Form Based Code exemption, through which structured parking, design standards may be modifiedis in the best interests of the public and site desii er�s for clarity. WHEH>i:AS, the Planning and Zoning Commission has recommended approval of the aforementioned zoning code amendments. ORDAINED BY RE no BE CITY COUNCIL. OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. MINIMUM Delete 1PAREI 2G, REQUIREMENTS for the CB -10 and CB -5 Zones, and replace it with the following: 2. For properties located within the Downtown Plannin1g District, -A nn a ..-A — LTt_a-1_ not as a 99MON IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd da of May 2017. a aures A.'Throgmorton, Mayor Attest: s/Julie Voparil, Deputy City Clerk �r CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (3 19) 3 56-5009 FAX www. i cgov. o rg STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4704 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 11, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017. J-06 K. Voparil Deputy City Clerk EM I '?5. \ C� 3 P&edia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, .Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002124889 5/11/17 05/11/17 $84.82 Copy of Advertisement Exhibit"A" before me by said affiant this 15th day of IUav 2017 o ary Public in and for State of Iowa ANDREA HOUGHTON� x r COMMISSION NO. 763956 COMMISSION 0T RES Iowa � tri] 1019 PROJECT 1 URBAN RENEWAL PLAN. WHEREAS the City Council of he City of towa City, Iowa, after ublic notice and hearing as rescribedb�yy law and pursuant to tesolution No. 16-230 assed and pproved on July 19, 2816 adopted amendment #14 to the ,ity-Universit Pro''ect 1 Urban tenewal Pian (the "Urban tenewal Plan") for an urban enewal area known as the :ity-University Project 1 Urban tenewal Area, (the "Urban tenewal Area"), which added the rea lettallv described as follows: n V. line to a poi sects with the i Df Van Buren Str along said Van R.O.W. line west it intersects w V. line of S. Gil e north along V. line of Gilbert Is ,point ofbegi on the ,a Ave he east here it R.O.W. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal pro1jectk activities carried out in furtherance of the objectives of the Urban Renewal Plan- and W)bkREAS, the Cit Council of the Cityof Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area added pursuant to the 14th Amendment, as above described an hereafter referred to as '2016 Amended Area", in accordance with the `provisions of Section ,.n y. -r n -a- -r r-_-- -- tie Code of Iowa, as REB OREfi� BE C� OF YYTHE CITY OF IOWA: I. That the taxes snau pe mvioeo as hereinafter provided. Section 2. That portion of the taxes which would be produced the by rate at which the tax is levied each year by or for each of the oafxing districts upon the total sum the assessed value of the taxable property in the 201( Amended Area as shown on the assessment roll as of January 1, 2016, pursuant to Iowa ( ode Section 403.19(1)(b), shall be allocated to and whhen collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of base period taxes determined the as pprovided in Section 2 of this Ordinance shall be allocated to and _when collected be paid into a ;st on monies or or W3.9 or 403.12 of the Code as amended incurred by of Iowa Vity, Iowa, to or refinance, in whole or T .Ia Vu4 Mly ucmtation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2016 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2016 Amended Area s all be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as an other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest theron of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received ti -7 o y. from taxes upon the. taxable properI in the 2016 Amended Area s�iall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as _amended, with respect to the or be reference to ea and the n. nance shall provided by law. Passed and approved this 2nd day of May 2017. s/James A.'Throgmorton, Mayor Attest: s/Julie Voparil, Deputy City Clerk � r "m cc h ®0go -•.ate_ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-soo9 FAX www. icgov. o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4704A which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 25, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017,E \\ ArlieX Voparil Deputy City Clerk ][)CRiedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002153477 5/25/17 05/25/17 $64.67 Copy of Advertisement Exhibit "A" and swofn}'o Ofore me by said affiant this 26th day of Mav, 2017 Notary Public in and for State of Iowa =Pet"t sT ANDREA HOUGHTON ! COMMISSION NO. 753956 COMMISSION EXPIRES Iowa ORDINANCE NO. n and muitiramuy kurL/nM-1'L) zone: WHEREAS, the property contains regulated slopes and woodlands; and WHEREAS, the Sensitive Areas Development , Plan will allow one single fauuly lot and two in buildings to be clustered on a portion of the property, while reserving a portion of the land for preservation of regulated slopes and w dlands; and WH REAS, the applicant has requested a reduction of a protected slope buffer to allow the installation of stormwater result ter areas it the are and constructed y to their impact upon the sensitive areas and A_ include _ measures _ to BE IT CITY CY OF a0� rt ishereby cerbtt authorized eodf n the officer ofY the County of Johnson County the owner's expense, alb A by law. )N V. REPEALER. All m in aconflict parts with the spe of this Ordinance are aled )N Vi. SEVERABILITY. .ction,rovision or art of lance shall be a(bud ed to Sid or unconsttu conal, udication shall not affect .ity of the Ordinance as a anyn sectio, rovision or reot not adjudged invalid stitutional. :)N VII. EFFECTIVE Phis Ordinance shall be in after its final passage, and publication, as by law. and approved this 16th a , 2017. y. Tbmgmorton, Mayor al Julie Voparil, Deputy �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. 17-4705 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 25, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017. Ju'liej_t Voparil Deputy City Clerk PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK COPY OF ADVERTISEMENT AFFIDAVIT OF PUBLICATION STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen,a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates (3 Staff Member, Subscribed and sworn to before me by said affiant this ZW�' day of jj e 7 Notary Public in and for the State of Iowa rW"c ANDREA HOUGHTON COMMISSION NO. 753956 COMMISSION EXPIRES +owe 29 Zo + '!�"k-1 -47,S- @�- a "t � OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 17-4705 AN ORDINANCE AMENDING TITLE 14: ZONING, ARTICLE 20, RWERFRONT CROSSINGS AND EASTSIDE MIXED USE DISTRICTS FORM -BASED DEVELOPMENT STANDARDS, TO ADD ZONING STANDARDS FOR THE ORCHARD SUBDISTRICT WHEREAS. in 2016. The City Council amended the City's Comprehensive Plan to expand the boundaries of the Riverfront Crossings District to include properties north of Benton Street that front on Omhard Street and Orchard Court and along an unused east -west remnant of City right-of-way that extends west from the intersection of Orchard Street and Orchard Court and named this new area the Orchard Subdistrict; and WHEREAS, the Orchard Subdistnct was established to encourage rede- velopment that would provide a better transition from the low -scale single family neighborhood to the west and the higher intensity mixed-use devel- opment along Riverside Drive in the West Riverfront Subdistrict of Riverfront Crossings; and WHEREAS, in order to facilitate redevelopment in the Orchard District consistent with the master plan objectives and desired development char- acter set forth in the Riverfront Crossings Master Plan, new zoning stan- dards for the Orchard subdistrict will need to be incorporated into the Riverfront Crossings form -based code; and WHEREAS, the zoning standards will ensure that buildings are comple- mentary in mass and scale to the adjacent single family neighborhood by limiting the building height to three stones with upper floor stepbacks along street frontages and along the single family zone boundary, and will establish a 30 -foot setback between development in the Orchard Subdistrict and the adjacent single family zone, which in addition to the natural drainageway located along the west boundary of the subdistrict, will provide a green buffer between the single family neighborhood and higher density residential development in the Orchard Subdistrict; and WHEREAS, the regulating plan, building height diagram, and accompa- nying zoning standards will ensure that future redevelopment is pedestri- an -oriented with buildings opening onto tree -lined streets and parking located behind buildings and screened from public view; and WHEREAS, furthermore, it is in the best interests of the public to clarify and refine certain provisions of the Riverfront Crossings form -based zoning code that have been difficult to administer, confusing, or have been falling short of achieving the objectives of the Riverfront Crossings Master Plan, namely certain setbacks for building/structured parking and for buildings, and certain permitted frontage types; and WHEREAS, the Planning and Zoning Commission has recommended approval of the aforementioned zoning code amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the CRY of Iowa City, Iowa is hereby amended as follows: A. Amend subsection 14-2G-1 B, Subdistrict (in Riverfront Crossings), by adding the following: h. Orchard Subdistrict (RFC -0) B. Amend Figure 2G-1: Regulating Plan for the Riverfront Crossings District to include the Orchard Subdistrict, as shown on the Regulating Plan attached hereto. C. Amend Figure 213-2: Building Height Diagram for the Riverfront Crossings District to include the Orchard Subdistrict, as shown on the Building Height Diagram attached hereto. 0. Delete subparagraphs 14-2G-3A-41h(1)(B), 14-213-3C-4b(1)(C), and 14-2G-31D-41o(1)(D), which regulate setbacks for building/structured parking along primary streets, pedesMan streets, and Ralston Creek, and substitute in lieu thereof this paragraph numbered accordingly: 'Building/Structured Parking: 30' min. from the primary street build- ing facade and located behind fully -enclosed, occupied building space, except the setback may be reduced to 20' for buildings with ground -level residential uses." E. Amend those certain provisions of subsection 14 -2g -3b set forth below as follows: 1. Section 1 "INTENT": Delete the Figures 2G-6 and 2G-613, and any reference to them and add the following language thereto. The Orchard Subdistrict is intended for lower intensity residential development in buildings with street -facing entries opening onto pedestrian -friendly stmetscapes that provide a transition between OFFICIAL PUBLICATION OFFICIAL PUBLICATION higher intensity mixed-use areas along Riverside Dnve and low -scale residential neighborhoods to the west. Buildings are designed with facades aligned along primary streets and parking located within buildings behind active uses and in mid -block parking lots and stmc- tures. 2. Section 2 "USES". Add Orchard Subdistrict to the list of districts in which this section applies and: a. atltl the following as (a), and renumber the subsequent paragraphs a000rdingly: "In the Orchard Subdistrict, commercial and industrial uses are not allowed, except in livework townhouses, which may contain commercial uses allowed . in the CB -5 Zone, provided the building is constructed to accommodate such uses and provided the use is not prohibited in the list below. Quick Vehicle Service Uses are not allowed." b. amend paragraph (c) to add "Orchard Subdistrict" to the last sen- tence, which states that the number of 3 -bedroom units for these building types may not exceed 20%. c. amend paragraph ("'to add "Orchard Subdistrict". d. amend paragraph (h) to atltl "Orchard Subdistrict". 3. Section 3 "PRINCIPAL BUILDING PLACEMENT AND FORM", a. amend a. (1) to add "Orchard Subdistrict and the Eastside Mixed Use District" to the list of applicable districts b. amend Table 2G-2 to add "Orchard and Eastside Mixed Use" to the title and to add the following line and footnote thereto: Building Types cts ge Home ouse MLive-Work house ment Building -Dwelling BuildingWork Townhouse Commercial Building Mixed -Use Building X Liner Building Civic or Institutional Building Notes: 2. Only allowed in locations with frontage on Orchard Street. c. amend b(1)(a) to state that the primary and secondary street set- backs shall be 6' minimum and 12' maximum in the Orchard Subdistrict. d. amend b(1)(f) by deleting the current language and replace with the following: in the Central Crossings Subdistrict and Eastside Mixed Use District, the maximum setback does not apply above the 2nd floor. In the Orchard District, the maximum setback does not apply above the 2nd floor and is increased to a max. of 25' above the 1 at floor." e. amend b(1) by adding a new paragraph: (h) "In the Orchard District, 30' min. from RS -8 Zone boundary." I. delete c(2) and replace with the following: "Eastside Mixed Use and Orchard: Principal buildings shall be 3 stones max. in height above grade." g. amend c(3) to add "In the Central Crossings Subdistrict" to the beginning of the sentence. h. amend c, by adding a new paragraph (4) "In the Orchard Subdistrict, above the 2nd floor, building facades facing streets and RS -8 zone boundaries shall step back 10' min., 25' max. from the lower floor facade. At street corners, tower elements or similar corner emphasis treatments may be exempt from the stepbeck requirement for up to one facade bay (max. 35 fast) as approved by the FBC Committee. Alternatively, if approved by the FSC, the required tagade stepback may be established above the 1st floor or may be tiered with the 10' min step back achieved with smaller stepbacks above both the 1st and 2nd stones." k, - (.4 -z o OFFICIAL PUBLICATION OFFICIAL PUBLICATION i. amend 41) to add "Orchard Subdistrict" thereto and amend the last sentence so that the provision in the last sentence is applicable only to the Central Crossings Subdistrict. 4. Section 4, "PARKING, LOADING, AND SERVICE AREAS" a. delete b(1)(b) and replace with the following: "Building/Structured Parking: 30' min. from the primary street building facade and located behind fully -enclosed, occupied building space, except the setback may be reduced to 20' for buildings with groundlevel residential uses." In. amend b(2)(b) by deleting "10' min and setback". F Amend those certain lines of Table 2G-5 "Permitted Frontage Types", located in Section 14 -2G -4(A) as follows and add the following foot- note: Building Types Permitted Frontage g Types Permitted Building Types Storefront Urban Fie. Terrace IApartment Stoop 8 rchYard Portico Forecourt Building X Multi -Dwelling Building X(3) X(3) X(2) % X(1) Multi - Liner Building X Civic or Institutional Building Dwelling X(3) X(3) X X(1) Building Mixed Use Building X X X(2)3) X(2)(3) X(2) X(1) Liner Builtling X X X(3) X(3) Note: 3. Allowed for access to individual dwelling units or five -work units. G. Amend Table 2G-6: "Permitted Building Types", located in Section 14-2G-5 by adding a column for the Orchard Subdistrict as follows and add the following footnote: Notes: 2. Only allowed on properties with frontage on Orchard Street. H. Amend paragraph 14-2G-7G-ld.(5), to add Orchard Subdistrict thereto. 1. Amend Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings District & Eastside Mixed Use Distinct, located in 14-5A-4 to regulate the Orchard Subdistrict in the same manner as the Park, South Gilbert, Central Crossings, Gilbert, West Riverfront, Eastside Mixed Use subdistricts. SECTION II REPEALER All ordinances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of May, 2017. s/James A. Throgmorton, Maya Attest: s/Julie Voparil, Deputy City Clerk Q-�- 3 � 's- Form -Based Zoning District Permitted Building Types Orchard Cottage Home X Rowhouse X Townhouse X Apartment Building X Multi -Dwelling Building X Live -Work Townhouse X(2) Commercial Building Mixed -Use Building Liner Building X Civic or Institutional Building Notes: 2. Only allowed on properties with frontage on Orchard Street. H. Amend paragraph 14-2G-7G-ld.(5), to add Orchard Subdistrict thereto. 1. Amend Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings District & Eastside Mixed Use Distinct, located in 14-5A-4 to regulate the Orchard Subdistrict in the same manner as the Park, South Gilbert, Central Crossings, Gilbert, West Riverfront, Eastside Mixed Use subdistricts. SECTION II REPEALER All ordinances and parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of May, 2017. s/James A. Throgmorton, Maya Attest: s/Julie Voparil, Deputy City Clerk Q-�- 3 � 's- < `" .k -A -4-,mac^ e�,- 1ZtS ; c•r— a 1_ 111 =83w `o ,j_ = = WOR a _J RpuirtC PeLllSbrt/ronl ReQuinni Halston Geek Rrontpe Riverlronl Croi Ing, llouMary Uni.rslry of lows Campus � FetlesM1ian Sbeet req wit <q-2 cs . , �, - (1 -7 � !�- Rivorfront Crossings Height Diagram S�pllSa 3 ito,e, nua. ] SIO�iei min., 6 StonlS maa. 1310/115 m10.B3tOnl4lrua. _ BS\OrilS mli. wi\h lOwi RivCllnn4pe P.Nk 1.rt and Open 5p . Grten Spau I !J f t, "m7�vffir iEECC *% ._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.1cgov.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. 17-4706 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 25, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017. Jt i . Voparil Deputy City Clerk Cr Ick PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002153353 5/25/17 05/25/17 $163.23 Copy of Advertisement Exhibit"A" Subscribed anicI swouftyl b4pre me by said affiant this 26th day of May. 2017 Public in and for State of Iowa ZPQt"� s� ANDREA HOUGHTON x r * COMMISSION NO. 753956 COMMISSION EXPIRES tower Z4 Zo r ION 11.ZONING MAP. The official is hereby :ed and directed to change no map of the City of Iowa owa, to conform to this rent upon the final opproyol and Publication ortllnanCe as approved by FICATION upon dl of the Clerk is directed to All of the are and Publication, as by low. and opproyed this 16th n, 2017. A. Throgmorton Mayor Julie Vomrif, DePofY %ENTL ZONING AGREEMENT is mude the City of Iowa City, --WHEREAS, Owners are the collective legal title holders of appfa%imatelY 0.]05 acres of prof%", locally known as 619 one! 627 Orchartl Court in Iowa City; and THEREFORE, in i of the mutual ant.meo herein, the that the Dated thi> 16th Cay of May. 2019. CITY OF IOWA CITY V Jo. A. Thragmortlon, Mayor Attest: V Julie VOPorll, Deputy Cif Clerk By: M&W Properties _mom ~ ®IQ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. i 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. 17-4707 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of May, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 25, 2017. Dated at Iowa City, Iowa, this 19th day of June 2017. \\\\ �,V e Ji tte <. Voparil Deputy City Clerk Cr ia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002152570 5/25/17 05/25/17 $46.33 Copy of Advertisement Exhibit"A" to before me by said affiant this 26th day of Mav, 2017 Q�&= - otary Public in and for State of Iowa ANDREA HOUGHTON COMMISSION NO. 763956 COMMISSION EXPIRES fown 1/.I %. 7,, , if the be iiEAS, under the current ce, it is unlawful for a pu+6 swleluw o SECT Oitut to permit any person to an open container out of DATE. This ensed premises; and on effective u P .1EAS, the intent of the Passed an ce is to ensure that day of May 21 s/ aures A. ft s do their part , in ing open container Attest: a/Ju is whereinpatrons _carry City Clerk GAS, carrying an open from one licensed directly into another premises would not a circumstance of open s inublic non -licensed and thus does not create the problems the open ordinance was designed �t• and EAS, nothing herein irce a licensee to allow a o bring an open container ,ir licensed premises, as Lase would retain control censed p miser; and EAS, this amendment ovide greater flexibility to and allow for broader ty' e�vents• N;Ati, it: is in the best of the City to approve lance amendment. EDTHE BYOB THE BE CITY L OF THE CITY OF the be unlawful for any person or any licensee or permittee this title and/or agents or ?Cees of a licensee or itt@e to permit any person to not other and PE pants of conflict with the his Ordinance are SEVERABILITY. Kall1 Benj as a EF sCalb ihe ad • this 16th CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX www. icgov. o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4708 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 15, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. 'Julie.K— Deputy City Clerk PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002201664 6/15/17 06/15/17 $113.95 Copy of Advertisement Exhibit "A" 16th day of June 2017 �QA o ary Public in and for State of Iowa ZP�t"t ANDREA HOUGHTON COMMISSION NO. 753956 MY COMMISSION EXPIRES town Ic �,_1,. 72. 7>z, Plan encourages walkable neighborhoods and envisions neighborhood commercial uses as contributing to the aualitv of life an as the building is I for an upper -floor a bakery, which is a retail use, and; the applicant has a new use Plan hag the AS - it is tieceasary to he hours of operation and the sale of alcohol and to maintain that ood compatibility; and AS, Iowa Code &414.5 ovides that the Ciiy of may impose reasonable on granting a rezoning over and aboveexist'ng s, in order to sat'siy ieeds caused by the change; and AS, the owners have rat the pr9perty shall be in accordance with the and conditions of the al Zoning Agreement hereto to ensure ;e, development in this BYO B CITY ORDAikED ItiHE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby Q-� aA3 its current nation of its to 43 feet of Lot 1 Block Regan's 1st Addition, the zoning ma pp of the 1 City, Iowa, to confor amendment upon passage, approval and of the ordinance as a law. SECTION III. COI ZONING AGREEME: mavor is hereby autl is hereby ai to certify a expense, upon the approval and this ordinance, as REPEALER. All and parts of conflict with the this Ordinance are as a )N VII. EFFECTIVE Chis Ordinance shall be in after its final passage, and publication, as by law. and approved this 6th ne 2017. k. tSiog morton, Mayor s/Kelliga K. Fruehling, is made Iowa City, corporation ander Jason (hereinafter of 6, the Planning and Commission has that with appropriate regarin the need for compatibility , with the the to AS, Iowa Code 414.5 ovidesthat the City of may im ose reasonable on grantin a rezoning over and above existin S, in order to satisfy seeds caused by the change; and the Owners ge ' that certain and restrictions are to ensure the nt of the propertyis with the Comprehensive the need for maintaining ity with the surrounding ilv residential WHEREAS' the Owners agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Jason and Jamie Powers are the legal title holder of the propert legally described as: The south T3' feel of Lot 1, Block 1 of P. J. Regan's 1st Addition, Iowa City, Iowa. 2. The Owners acknowledge that the _ City wishes to . ensure„ may on a re above order to all other requirements of the zoning chapter, as well as the following conditions: a. Any commercial use may not be open to the public between 9:00 p.m. and 7:00 a.m.; b. No sales of alcohol or tobacco shall be allowed on the property. 4. The Owners and City acknowledge that the conditions contained herein are reasonable_ he dwners and City 3dge that in the event the properly is transferred, developed, or subdivided, avelopment will conform terms of this Conditional .greement. parties acknowledge that ditional Zoning Agreement deemed to be a covenant with the land and with the land, and shall remain force and effect as a P5 3�,t 3 with title to the land, until released of record City of Iowa City. The urther acknowledge that ement shall inure to the f and bind all successors atives, and assigns of tie Owners acknowledge that n this Conditional Zoning Lt shall be construed to the Owners from with all other i local, state, and federal agree . that roperty, anathat upon and publication of the this agreement shall be in the Johnson County Office at the Owners exBense. CITY OF IOWA CP1yYf June, 2017. s/James A. Throggm�� Orton, Mayor Kellie K. Fruehling, Deputy City Clerk By: s/Jamie Power y By: s/Jason Power � Sh�v lc\ �t Qaw�rs CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319)356-5009 FAX www. icgov. o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4709 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 15, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. e \�-- dlie� Voparil Deputy City Clerk I� 4;Mow"F ROW PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and thal an advertisement, a printed copy of which is attached as Exhibit "A' and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002201743 6/15/17 06/15/17 $122.23 Copy of Advertisement Exhibit "A" Subscribe and s or before me by said affiant this 10th day of July. 2017 Notary Public ANDREA HOUGHTON .., COMMISSION NO. 753956 COMMISSION EXPIRES �ow� �t 'h ®1�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4710 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 8th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 13, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. ie <. Voparil Depu y City Clerk PQhedaia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK COPY OF ADVERTISEMENT Exhibit "A" AFFIDAVIT OF PUBLICATION STATE OF IOWA SS q' \°$4 COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates 3(. 2. Staff Member, Gannet Subscribed and sworn to before me by said affiant xhis �2 dayof Ak,ti Notary Public in and for the State of Iowa "c ANDREA HOUGHTON COMMISSION NO. 75s956 * ""' OMMISSIONDP1RES �oWJ. %il U Z, 6B Tuesday, June 13, 2017 Iowa City Press -Citizen ORDINANCE NO. 17-4710 An ordinance amending Title 17 of the City Code (Building and Housing) to establish a six and a half month moratorium on the issu- ance of new rental permits, and building permits that result in an enlargement of a rental dwelling, in RS -5, RS -8 and RNS-12 zones within the area generally bounded by Scott Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa. Whereas, Iowa City, like many cities around the country, currently reg- ulates occupancy based upon its definition of "family" and whether the occupants are or are not related by blood, marriage, adoption or place- ment by a social service agency; and Whereas, the State legislature recently adopted a law (HF 134) amending Iowa Code Section 414.1 to prohibit municipalities, after January 1, 2018, from adopting or enforcing any regulation or restriction related to occupancy of residential rental property that is based upon the existence of familial or nonfamilial relationships between the occupants of such rental property; and Whereas, regulation of occupancy based on familial status has been an important tool to promote peaceful habitation in residential areas of Iowa City for more than 50 years; and, Whereas, since at least the 1960s, maximum occupancy has been based on the number of unrelated persons and off-street parking; and Whereas, on October 23, 2001, the City Council established the Neighborhood Housing Relations Task Force in Resolution No. 01-353 consisting of representatives of owners, tenants, and neighborhoods to review nuisance laws and policies "to afford peaceful habitation in resi- dential areas of Iowa City"; and Whereas, on June 27, 2002, the Task Force submitted its "Proposed Initiatives/Report of Task Fome" to the City Council; and Whereas, seven of the twenty-six recommended initiatives were directed at occupancy which resulted in the requirement that landlords and tenants acknowledge in writing the maximum occupancy of the unit m) and the inclusion of the tmaximuional Disclosure m occupancy Acknowledgment l y on the fe of the onne rental permit; and Whereas, in recognition of the fact that over -occupancy of rental units is an issue that negatively impacts the quality and value of neighbor- hoods, City Council has Imposed the maximum penalty allowed by state law for a violation of the maximum occupancy requirements of the City Cade: and Whereas, the loss of this tool significantly threatens the stability of thl neighborhoods in the City's single family zones and requires careful study of alternative options; Whereas, subsequent to this new law being enacted, the City has received approximately 40 applications for building permits on existing rental properties that would result in an increase in the number of bed- rooms; and Whereas, in recent years the City has received fewer than five such applications per year; and Whereas, due to this new law, the City must study how to mitigate the impacts of rental housing and increases in occupancy levels on neigh- borhood stability, housing affordability, public and tenant safety, urban congestion, blight, risk to public peace and order, conflicts between rent- al and owner -occupied housing, and excessive demands upon public safety, infrastructure and municipal services; and Whereas, during the course of this study, it is prudent to establish a moratorium until December 31, 2017 on the issuance of new rental per- mits (i.e. not renewals of existing permits) and building permits that would result in an enlargement of existing rental dwellings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I AMENDMENT. Title 17 "Building and Housing" of the City Code is hereby amended by adding a new Chapter 15, entitled "Moratorium", as follows: 1. Moratorium and Area of Applicability: For properties zoned RS -5. RS -8 and RNS-12 within the area generally bounded by Scott Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa, as more particularly shown on the attached "Moratorium Boundary Map", the City shall not issue a rental permit for any dwell- ing that is not subject to a current rental permit or a rental permit that expired within the past 18 months. The City, furthermore, shall not issue a building permit that would result in an enlargement of a rental dwelling located within the area described above. 2. Definitions: For the purposes of this ordinance, the following defini- tions apply: a. ENLARGEMENT shall be as defined in Chapter 14-9 of the City Code: An increase in the volume of a building, an increase in the area of land or building occupied by a use, an increase in the number of bedrooms within a dwelling unit or an increase In the number of dwelling units. For group living uses, any altera- tion that allows an increase In the number of residents is consid- ered an enlargement of the use. b. DWELLING shall be as defined in Chapter 14-9 of the City Code: Any building, structure or manufactured housing, except temporary housing, wholly or partly, used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto. c. DWELLING UNIT shall be as defined in Chapter 14-9 of the City Code: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used by one household for living, sleeping, cooking and eating meals. Multiple dwelling units exist If there is more than one meter for any utility, more than one address to the property, more than one kitchen, and/or if there is a lockable, physi- cal separation between rooms within the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit. d. RENTAL DWELLING: Any dwelling with a valid rental permit or any dwelling with a rental permit that expired in the past eighteen (18) months. 3. Termination: This Chapter 15 shall be automatically repealed on January 1, 2018. SECTION II REPEALER All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are hereby repealed. evr`TION III SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION M EFFECTIVE DATE, This Ord! -mance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 8th day of June, 2017. s/James A. Throgmorton, Mayor . Attest s/Kellie K. Fruehling. Deputy City Clerk 4 CITY OF IOWA Cl 5 .. 1 f IN 1 7 f 1 �. w.�,�r t `.:� � to ;,3 , i . ' `r`.- .•. STATE OF IOWA SS JOHNSON COUNTY I r 1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org 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. 17-4711 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 29, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. \\ J <. Voparil Deputy City Clerk PQhedia PRESS—CITIZEN MEDIA PART OF THE USA TODAY NETWORK COPY OF ADVERTISEMENT AFFIDAVIT OF PUBLICATION STATE OF IOWA Exhibit "A" SS COUNTY OF JOHNSON The undersigned, being first duly sworn on oath, states that The Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of The Iowa City Press -Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made a part of this affidavit, was printed and published in The Iowa City Press - Citizen on the following dates (p- Zq—l:) t2ss9.t,Ll Staff Member, Subscribed and sworn to before me by said affiant this c�Nay of 201,_ Notary Public in and for the State of Iowa ANDREA HOUGHTON COMMISSION NO. 753956 COMMISSION BORES low" Z 25L OFFICIAL PUBLICATION ORDINANCE NO. 17-4711 ORDINANCE FOR A REZONING TO AMEND A PRELIMINARY PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR 7.8 ACRES OF PROPERTY LOCATED WEST OF MILLER AVENUE AND SOUTH OF BENTON STREET. (REZ17- 00007) WHEREAS, the applicant, Iowa City Cohousing, has requestetl a rezoning of property located west of Miller Avenue and South of Benton Street to amend a final Planned Development Overlay (OPD). Plan; and WHEREAS, the property was rezoned from Medium Density Single Family Residential (RS -8) to Planned Development Overlay/ Medium Density Singly Family Residential (OPD/RS-8) in 2015 for Prairie Hill, a 33 -dwelling unit cohousing development subject to a conditional zoning agreement regarding a) the necessity for a landscaping and tree replacement plan to be reviewed and approved by the City Forester prior to issuance of any building permit for any construction activity on the property; b) the necessity for an agreement with the City for the installation of a sidewalk along Miller Avenue adjacent to the Benton Hill Park; and of the necessity for review and approval of construction drawings for the private street and the storm water management facility by the City Engineer, prior to the final site plan approval. WHEREAS, these conditions have been satisfied and the applicant will proceed with developing in accordance with those approved plans; and WHEREAS, the proposed amendments allow for 3 additional dwelling units and minor changes to building designs, garage sizes, and 5 additional parking spaces; and WHEREAS, the new units will be built within the previously approved building footprints, with the exception of the additional parking spaces, and there will be no significant changes to building coverage or site design if the amendments are approved; and WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of this amendment to the OPD Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY �I - a q-�L� OFFICIAL PUBLICATION COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Property described below is rezoned OPD/ RS -8 and the Preliminary Planned Development Overlay Plan attached hereto and incorporated herein is hereby approved: Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.80 acres and subject to easements and restriction of record. SECTION II, ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of June, 2017. s/James A. Throgmorton, Mayor Attest: s/Kellie K. Fruehling, Deputy City Clerk REVISED FINAL PLANNED DEVELOPMENT AND SITE PLAN PRAIRIE HILL IOWA CITY, IOWA �4 444 9;ep .w IF I, I TF, li Ila offlaff EasRN wo Revised eleValiors townhouses COHODSING AT PRAIRIE HILL TOWNHOAAES 1-c- 11V LCLIFfaMM AT PRAIRIE HIU (=STACOMED FLATS REVISED TOWNHOUSE ELEVATIONS �3 4 pt 4 �0. CCHQMING AT PRNRIE HILL mum unnnnnnumimis nilnlil,l�h Revised elevations townhouses TOWNHOMES REVMD STACKED FLAT ELEVATIONS H.Mr n um o e re— n COPOL45ING AT PRAIRIE HILL .-f,.= AMee]. FR(M'TEL ATIW STACKED FLATS HIM//I. IOIO COHOLASING AT PRAIRIE HILL REAR ELEVAnM STACKED FLATS rwsr4;we �r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4712 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 29, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. \ f lam. V Jul) Voparil Deputy City Clerk PQrhedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002234491 6/29/17 06/29/17 $57.48 Copy of Advertisement Exhibit "A" Subscribed anlaorn t b re me by said affiant this 10th day of July. 2017 Notary Public ANDREA HOUGHTON ,,. COMMISSION NO. 753956 MY COMMISSION EXPIRES number: 17-4712 Increase the penalty. for use of fireworks within City limits, all In compliance with newly amended State law. Whereas, on May 9th, 2017, the uovernor signed Senate File 489, which amended State law to allow For the sale of fireworks within the State of Iowa; and Whereas, Senate File 489 :ontinues to allow cities to prohibit the use of fireworks within. city limits, setting violations as simple misdemeanors p hable by a .ane of not less than250and Whereas, Iowa 'Pity Code :urrently orohibits The use of isistent with the new State and penalties in a range r than now allowed; and iereas, in the ud,gment of icil, the use of consumer ,arks" or "display fireworks" in City limits constitutes a y risk in our urban �onment, due to the risk of y to those lighting them, and -s in the vacamty, especifrom ren; a fire bazar orka landing on rooftops, :les, and other on a noise nuisance, especially those with petsor suffering posttraumatic stress der; and �ereas, for all these reasons, cil wishes to _prohibit the use to avow for the use at all as defined by State it is in the best of the City to approve Iment. erefore, be it ordained by Council of the City of thie e it v Definition: The sale and use reworks is subject to the tions enumerated in Iowa sections 100.19 and 727.2, as Sed, which definitions are iorated herein by this nee. Prohibitions: It shall be ful for any person to use or Is any "consumer fireworks" isplay, fireworks" within the gate limits of the city of Iowa Exception: Nothing in this n shalt be cons ed to At the use of blank dges for a show or the ,'g.a%-A,, theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by is recognized military organization or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or furnigpation ppurposes. D.ermit: Subsection B of this section shall not aooly to anvone or 'display nreworks" fire marshal of the ci City when the firewor will be handled br a of this section is a anor punishable of less than two wsS$250.00). All Reepealer. nd parts of conflict with the is Ordinance are verability. If any n or part of the be a udged to be nstitu ional W not affect such the Ordinance as a Effective date. This hall be effective upon approved this 20th day "orton, Mayor 5e1Ge K. Fruehling, `"r' `�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4713 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 29, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. lie . Voparil Deputy City Clerk P(rohedia PRESS -CITIZEN MEDIA PART OF THE USA IODAY NET WORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002234497 6/29,17 06/29/17 $45.97 Copy of Advertisement Exhibit "A" Subscribe a orn It re me by said affiant this 10th day of July. 2017 Notary Public k ANDREA HOUGHTON COMMISSION NO. 753956 COMMISSION EXPIRES row" Zq 20 v inance number: 17-4713 nance amending Title 1, ninistration, Chapter 8, dminiistrative Service apartments, Section 1, dministrative Service lents Organized: to revert of the Transportation and asource Management lent to the Transportation as department to reflect a iment of supervision over urce Management to the iblic Works Director. a on April 21st 2015, Ordinance I5-4617 Council I the Landfill and' Refuse from the Public Works ent into the rtation Services Lent, creating a new rtation and Resource nent Department; and as the City Manager TA that the align�nant of dill and Refuse divisions cert to the Public Works Lent, un5ler the Public irector; an as, realigning in this way ilt in a chance to the name t to the Transportation Department, as it was 1 21st, 2016; and this ordinance t reflect thea names of is and the titles of said t heads within the City; it is in the best of the City to approve ment. refore, be it ordained by Council of the City of Service' is of of tranaportation 1, Administration, Administrative Service i, Section _ 1, L services snarl mean of transportation and ins¢ement, with the all of the powers and d to the former under of this code." 2. and arts of in conflictp with the this Ordinance are ad. Severability. If any is ion ori. part, of the ?3-aQ� shall be a(g 3�dg to be unconatituiic I such shall notiWect the the Ordinance _ as a Section 4. Effective date. This Ordinance shall be effective upon publication. Passed and approved this 20th day of June 2017. &/James A. Thro orlon, Mayor Attest: &/Kellie K. Fruehling, Deputy City Clerk �r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.Icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4714 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of June, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 29, 2017. Dated at Iowa City, Iowa, this 24th day of July 2017. Ju Voparil Deputy City Clerk PQrhedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, as.: The undersigned, being first duly swom on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: 0002234602 6/29/17 06/29/17 $44.53 Copy of Advertisement Exhibit "A" Ail, — 6 Subscribed an rn to t4a me by said affiant this 1 Oth day of July. 2017 Notary Public Fr'&TCOMMISSION RE4 HOUGHTONMISSION N0.753956 EXPIRES29 2a 1.. event or city 17-4714 DA Title 1, fiapter 7 V, city Section 2, or unconstitutional. emovar to SECTION W. EFFECTIVE reouirement nATF._ This Ordinance shall be in !AS, ' the City gg Council s City ManaCierlt) ' Care required 1) City. Code to ents of the city upon nt and Lt,e City Council the value of the requirement for that are entrusted with policy and/or le -gal ,dations to the City and criticcaaI� laking %the City; and, ,AS, the City. Council that t e higher the decision -ma 'ng and the e compensation, the more it is that qualified s can be attracted to a an which residency is ,AS, due to the duties I $y the City Clerk,, in and assess, s for the position of CII ualifications other than within the City limits a particular instance, be portant than residency; ;AS, it is in the best A: a is a move, must ne ny a city council. REPEALER. All d conflict parts wiith the this Ordinance are L SEVERABILITY. provision or art of shall be adiudixed to as a part thereof; not jg` ded by law. Passed and approved this 20th da of June 2017. s/James A. tSro�morton, Mayor Attest: s/Ke1He K. Fiuehling, Deputy City Clerk CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4709 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of June, 2017, all as the same appears of record in my office and re -published in the Iowa City Press - Citizen on August 1, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. JDHOK. Voparil Deputy City Clerk PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 52240-1825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002310325 8/1/17 08/01/17 $153.00 Copy of Advertisement Exhibit "A" ��Subscribn t bef a by said affiant this u i A4'i - / ROMF ,.` \C5i ......"' '6th day of September, 2017 ,Q : Z;5_ �ATE p '//ST'F ' ''rl a u„0r minimum awitional minimum CBS zone the at of this and are $ECTI ON 11. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the Gty of Iowa City, lova, po conform to this amendment upon the final passage, approval and publication wr10=01 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. 17-4715 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of July, 2017, all as the same appears of record in my office and published in the Iowa City Press - Citizen on August 1, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. �x JWte-l<. Voparil Deputy City Clerk C � P d 49 ale ia PRESS -CITIZEN MEDIA PART OFTHE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Iowa County of Johnson, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002310329 8/1/17 08/01/17 $65.42 Copy of Advertisement Exhibit"A" \ SA R m� .. 'OUBL\G •'�_. ��'gTFOF W1SG�?�. Subscribed and sworn to before me by said affiant this tth day of August. 2017 &ML I -N62,1 Notary Public as areas; and eas, the Iowa City Landfill S to contribute to an increase E City's STAR score; and eas, the following changes I help meet both EMS and of Iowa City y reduce the e resources .,ity Landfill; eas, corrugated cardboard s upp approximately twelve it of materials entering the City Landfill each year; and eas, local recycling markets for corrugated cardboard; eas, the City of Iowa City ztly collects corrugated oard from residents of Iowa as apart of municipal solid collection operations; and eas, owners and managers of ercial properties with Ents and condominiums are ed to provide recycling es; and eas, commercial, industrial, ational and other esidential customers have to corrugated cardboard in .services through private It Resolved Of The City Ordinances 1ity. Iowa is Prohibited Practices" as the following items in to be landfilled; tires; waste; corrugated computer monitors; appliances; lead acid and ON and oil filters. ;e Subsection D from 16-31-1-9 "Solid Waste Requirements and with the following: )osal Restrictions At The 1. Only personsor operators residin or operating within the landfilF service area may dispose Of solid waste at the landfill, and only provided that such solid W aste was generated by activities or operations occurring within the 2. The following materials may not be disposed of at the landfill, but may be recycled at the landfill: tires- yard waste; corrugated cardboard; computer monitors; televisions; and appliances. The person disposing ol" such items shall be responsible for separating these items from other sons shall be reE and unload da of July s/James A. Attest: City Clerk Repealer Alf] n conflict with the >£ this Ordinance are If any of the to be such A the as a Effective Date. This shall be in effect passage, approval 7approved this 18th 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. 17-4716 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of August, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 10, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. Julie C. Voparil Deputy City Clerk Pchedia PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK CITY OF IOWA CIN ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002325758 8/10/17 08/10/17 $65.42 Copy of Advertisement Exhibit"A" drLdg Subscribed and sworn to before -Aa by said affiant this 10th day of Au //�� {/ P ,,,, II II I II/" Vci I 1 `�\ �r'c'' PQ '/'�i Notary Public L\(j / 0, F'' MI] ,7-47,6 of a zu mpn scnooi s eea zone Tor Hoover Elementary School Whereas, City Code Section 9-3-6(B) currently defines speed limits for American Legion Road; and Whereas, it is in the best interest of the City to define maximum allowable speeds for all vehicles oonnd public streets and highways; Whereas based on engineering judgment a 35 mph speed limit is recommended; and Whereas, the Engineering, Transportation nin and Plang departments concur that the American Lection Road speed limit •d east to Taft Avenue as )elow; and this section of American Toad is partially located of the corporate limits, the Jofinson County of Supervisors will also approval of this speed nge• and it is in the best interest ?ity to limit vehicle speeds cools to 20 mph to create a environment for school and City Code Section currently defines 20 mph peed zones for streets near uy schools• erefore, be it ordained by � _Council of the City of by adding the following Street: American Legion Speed Limit (mphl35 Limit Aplies: Between action o?Scott Boulevard intersection of Taft except as set forth in and Traffic" Chapter 3, "Rules of the Road," 6, entitled Speed —_ Name of Street: American Legion Road Where Limt Applies: From 150 feet east of Arlington Drive to a point 400 feet east of Barrington me on Street: Barrington re Limit Applies: From an Legion Road to a point t south. ices II. and epealer�s of ices in conflict p with the )n of this Ordinance are repealed. n III. Severability. If any provision or part of the nce shall be adjudged to be or unconstitutional such ation shall not affect the of the Ordinance as a or anv section. provision or Date. This bctive upon this 1st day City _m omcrzft it CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.1cgov.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. 17-4717 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of August, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 10, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. \\ 11 Julierlk. Voparil Deputy City Clerk Perhedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CIN OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002325779 8/10/17 08/10/17 $68.85 Copy of Advertisement Exhibit "A" 0,-1)_Uq Subscribed and sworn to before me by said affiant this 10th C of us 017 �J,/, � (/fes/ I \.)`,'IA ,10 ,',,, Notary Public e oUR J, _ _ 'rrniin"` Ordinance NO. 1 are areas, The Board of sors of Johnson County has :d that the City allow the to install a private well at ,or Farm owned by the and within city limits* and, as. Section 16-3C-1'0 of the except epwin the Poor Farm; the County's ition and u a well at the poor farm will not adversely affect City water- and , Whereas, it is in the public interest to amend the City Code to allow for private water wells within city limits under such limited circumstances. Now therefore, be it ordained by the Eft Council of the City of A. No person shall install a private water well within the city limits unless: 1. A determination has been made by theublic works director that: (a) PPhe point of water use is ggrreater than three hundred feet (300' from an accessible stribution water main owned and controlled by the city; (b) The propose private well is located outside the influence of an existing or proposed city owned well; and (c) Theproposed private well is needed due to extraordinary circumstances of the location of the property within the city which, if private ground water sources were not used, would work an extraordinary hardship on the prlloperty. U2. The well is being installed by a governmental entity on property owned by that entity; the public not adversely affect City water; and, the City Manager has determined that the installation of a well is in the public interest. B. The city. may require owners ri of existing pvatewells to connect to a city owned distribution water main in accordance with Move n VI tMb uaU- ;: above conditions are not satisl law. (Ord. 96-368'3, M--1bb5) A geothermal well is not a to water well for purposes of lection. ;tion H. Repealer. All antes and parts of antes in conflict with the ,sions of this Ordinance are y repealed. ion III.Severability. If any n, provision or part of the lance shall be ad'udged to be d or unconstitutional such ication shall not affect the ty of the Ordinance _ as a Effective date. This shall be in effect al on passage, provipedovb P d Y approved this 1st day rogmorton, Mayor ie K Fruehhng, City 3 A%�lu',1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.Icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4718 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of August, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 24, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. Julie K. Voparil Deputy City Clerk '�'' •. eco is PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 6000060372 Exhibit "A" 8/24/17 08/24/17 Subscribed and swom 20th day of September, 2017 DUFF'' PUBO sTF�F 0 F 05.111\01 ` ri- $151.02 me by said affiant this Notary Public ili�,-:), a � 3 Ordinance No. 17-4718 An ordinance conditionally rezoning approximately 1.59 acres of property located west of Taft Avenue and east of Huntington Drive, from Medium Density Single-Famity Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone. (REZ17-00011) Whereas, the applicant, Arington LC, has requested a rezoning of property located West of Taft Avenue and East of Huntington Drive from Medium Density SingleFamilyResidential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone; and Whereas, the Comprehensive Plan indicates that the area is appropriate for low density residential uses; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive onditions regarding the future upgrade of Taft Avenue as an artenal street, minimum lot depths and landscape buffers for double -fronting lots, and ompliance with the applicant's proposed townhome designs intended to provide an appropriate transition to the adjacent single-family to the north nd east; and Whereas. Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over an ibove existing regulations, in order to satisfy Public needs caused by the requested change; and Whereas, the owner and applicant has that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning igr morwt attached hereto to ensure appropriate development in this area of the city. Now, therefore, be t ordained by the City Council of the City of Iowa City Iowa: Section I Approval.Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby eclassified from its current zoning designation of Medium Density Single-Famity Residential (RS -8) zone to Low Density Multi -Family Residential (RM - 2) zone: BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF IECORDED IN PLAT BOOK 48, AT PAGE 1131N THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 -59'58-W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY 13.37 FEET ALONG A 500.00 FOOT RADIUS CURVE ;ONCAVE NORTHWESTERLY, WITH A 13.37 FOOT CHORD BEARING N28'43'38'E; THENCE N27'57'40'E, 30.61 FEET; THENCE NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53'E; THENCE ,100'59'54'W, 129.68 FEET; THENCE N89'00'06'E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE 300'59'54'E ALONG SATO EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE =EES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section II Z Mao The building official is hereby authorized and directed to change the zoning map of the City of to" City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III Conditional Zonina Agreement, The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owners) and the Ciry, following passage and approval of this Ordinance. Sxf P' r' rt fcaT A d Record'ne Upon passage and approval of the Ordinance, the City CIeM is hereby authorized and se. upon to certify a copy of this ordinance, and record the same in the Offce of the County Recorder, Johnson County, Iowa, at [he Owner's expense, upon the final passage, approval antl publication of this oroinance..as provitled by law. c= t on V Repealer. All ordinances and pans of ordinances in conflict with the provisions of this Ordinance are herehy repealed. Sectio VI Se erebilty If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the valitlity of the Ordinance as a whole a any section, provision or part thereof not adjudged invalid or unconstitutional. ^--^t ^VII EHecfre =te This Ordinance shall be in effect atter Rs final passage, approval and publication, as provided bylaw. Passed and approved this 15th day of August, 2017. s/Jamas A. Throgmonon, Mayor s/Attast: s/Kellie K. Fmehling, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "Ciry"), and Arington, LC. (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 1.59 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Medium Density Single -Family Residential (RS -8) to Low Density Single -Family Residential (RM -12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue, the need to buffer residential development on double-tronting lots abutting Taft Avenue, and the appropriate design of townhomes to transition into the adjacent single-family development, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the Cityof Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change: and WHEREAS, the Owner acknowledges that certain conditions and restnctions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for nght-of-way improvements and buffering development from traffic along the arterial street; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE. in consideration of the mutual promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 113 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89'59'58"W. ID AUDITOR'S PARCEL, 271.69 FEET, THENCE NORTHEASTERLY 13.37 FEET ALONG A 500.00 FOOT RADIUS ALONG THE SOUTH LINE OF SA CURVE CONCAVE NORTHWESTERLY, WITH A 13.37 FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET, THENCE NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13'28'53"E; THENCE N00'59'54"W. 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00'59'S4"E ALONG SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ansure conformance to the principles of the Comprehensive Plan. Further. the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant§ rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Al time of final plat, the developer shall grant to City necessary temporary construction easements, as determined by the City, at no expense tc the City, for the improvement of Taft Avenue to City standards; b. Prior to issuance of a building permt, the developer shall contribute 12.5% of the cost of upgrading to City standards that portion of Taft Avenue Iowa City Ordinance 15-3-2K. The cost shall be adjacent to the land currently being rezoned, as described in paragraph 1 above, pursuant to based on an estimate to be provided by the City Engineer; and c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth. and d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of evergreen plantings. The landscaping in all other aspects shal substantially comply with the attached landscaping plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.: (2017) and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment wit conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the lane and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complyln. with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, an that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant' expense. Dated this 15th day of August, 2017. City of Iowa City s%James A. Throgmorton, Mayor s/Attest: s/Kellie K. Fruehling, City Clerk Arington, L.C. By: s/John W. Moreland, Jr. O . 11- LA -11 B y ®1�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4719 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of August, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 24, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. Ju C. Voparil Deputy City Clerk Pchedia PRESS -CITIZEN MEDIA PART OFTHE USATODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002354092 8/24/17 08/24/17 $57.08 Copy of Advertisement Exhibit"A" Subscribed and sworn to bef re me by said affiant this 24th day of August. 2017 l / Notary Public Publish 8/24 Ordinance of 17-4719 i Title 9 l ehicles and 3, entitled I " section 6, hestrictions,' itled School establish a 20 Whereas it is in the best interest of the i'ity to define maximum allowable speeds for all vehicles and public streets and highways; Whereas it is in the best interest of the dity to limit vehicle speeds near schools to 20 mph to create a safer environment for school children; and Whereas, City Code Section 9-3-6(C) currently defines 20 mph school speed zones for streets near I n it ordained by of the City of as a speed zones ng streets are es the maximum be twenty (20) from seven o'cl through five o'cl on Monday thro ch week unless cally noted herei manager, or de: shed signs to de of Street Dodge the 350 to a on -i-nursday when m Repealer. All and parts of conflict with the his Ordinance are severability. If any ion orart of the be ad paged to be onstitutional iall not afi'ect such the 3 Ordinance as a or Date. This fective upon this 15th day Mayor Fruehling, � r � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4720 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of August, 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 24, 2017. Dated at Iowa City, Iowa, this 22nd day of September 2017. JUROK. Voparil NJ Deputy City Clerk eQy k°b3 Pcifled40 ia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. StartDate: Run Dates: Cost: 0002354139 8/24/17 08/24/17 $212.54 Copy of Advertisement Exhibit"A" S.S'4 �y .......... Ro ��NOTgRy�'F% A UBLI� ` F WISG0 M110"` O'�" - Subscribed and sworn to befo a me by said affiant this 24th day of August, 2017 ki&c�k_dw Notary Public Q � � °� 3 or Shullnot exceed Section 8C]C(1) service Pray ider rmit to work in or an a City outside of the the some terms 'ovidad for other cis or uses in the on a City as excavating the or A rates shall be set by H. Repealer. All and parts of In conflict with the if this Ordinance are :,led. 111. Penalties for The violation of any if this ordinance is a e,� 3" � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www. i cgov. o rg STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4721 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 5th day of September 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 14, 2017. Dated at Iowa City, Iowa, this 12th day of October 2017. Voparil Deputy City Clerk Pcihedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: 0002395506 9/14/17 09/14/17 Copy of Advertisement Exhibit "A" \\SSA R��F l'/, �\.......... �pTAR ''. FOF $65.42 0:" Subscribed and sworn to bef a me by said affiant this a rez( rn as rt(ivil zone to tnivertront rossinggs — Central Crossings (RFC -CX zone; and WHEREAS, the subject roperty is located in the Central Crossings subdistrict of Riverfront sW41 a [n a mix of )roving the encourage of a scale and the desired er described ssings Master ,e the quality orhood by I stment in 3posed zonin and re -use of r on a very Lilex; Planning and has the sed rezoning t it complies e Plan. BE IT 'THE CITY CITY OF ng ma of the owa, Flo confor Lent upon approval and ordinance as a is to same in Recorder; to I E 50' any the be owners expense, upon the passage, approval and .ion of this ordinance, as i blaw. [OR IV. REPEALER. All ces and parts of ces in conflict with the ns of this Ordinance are or as a EFFECTIVE nce shall be approval and publication, -as provided bylaw. Passed and a pproved this 5th day of September, 217. s/James A. Throgmorton, Mayor Attest: s/Kellie K. Fruehlmg, City Clerk owr®0�� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4722 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 28, 2017. Dated at Iowa City, Iowa, this 12th day of October 2017. Ju . Voparil Deputy City Clerk P& PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002426338 9/28/17 09/28/17 $61.98 Copy of Advertisement Exhibit "A" 0l lA Subscribed and sworn t before me by said affiant this ` ppn u n pp,ry F Y 28th day of September. 2017 •�' �p RY >Q 'w: O FV:•VO iNotary Public ` co ,�uunu�nN 17-4722 it Business support (uta -5) otdinaflees in conflict - with tiie itral Business Support with a provisions of this Ordinance are is Preservation Overlay hereby repealed. / OHP) zone located at 10 Section V.Severability. If any Gilbert Street. section, provision or part of the 7-00013) Ordinance shall be ad'udged to be rhas, the a plicant, Jesse invalid or unconstitutional such has requested a rezoning of adjudication shall not affect the .ty located at 10 South v idity of the Ordinance as a El I and has of tl c is Dd t same, at the Recorder of Iowa, at the as provided byp�1 Section IV. ordinances with a Overlay on and it ordained by of the City of ;k 44, Original a iing Map. The is hereby acted to change ;he City of Iowa inform to thi: 1 the final and publication nand two recor�y the ffice of the County Johnson County Nner's expense, all W. Repealer. All and parts of da of S s/James Attest: Clerk This after and 19th City °I"trx `t ,t yyyltmi®� -�.-MAL- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4723 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 28, 2017. Dated at Iowa City, Iowa, this 12th day of October 2017. ' kV J'GWK. Voparil Deputy City Clerk PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates:, Cost: 0002426351 9/28/17 09/28/17 $326.80 Copy of Advertisement Exhibit "A" 11 Subscribed and sworn to before me by said affiant this . . DUFF , _ ::•�ocARy�•�. '9TF OF W�SG0 day of September. 2017 Notary Public Publish 92B Whereas, the Planning and Zoning Commission has data rmined that, with appropriate conditionsreg.rdin❑ Improvements to Rohret Road ana a water pressure analysis, the requested zoning Is consistent with the Comprehensive Plan; and Whereas, the applicant has submitted a water pressure study YC� aN3 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4724 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 28, 2017. Dated at Iowa City, Iowa, this 12th day of October 2017. \\`` `S .V Voparil Deputy City Clerk 'tit md1a PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002426372 9/28/17 09/28/17 Copy of Advertisement Exhibit "A" $50.70 lubll� Subscribed and sworn to befo a me by said affiant this F F Y •� 28th day of September. 2017 PU�� ;'OO Notary Public \r ,STATE Of �.�. "aauu„u10a eas, Q Publish 9/28 q a Ordinance number: 17-4724 J �� Ordinance amending Title 4, Department, are Alcoholic Beverages,Chapter 5, or "SOUT" Prohibitions and Restrictions, SHOUT employees Section 8, Persons Under the University of Iowa LegalAge in Licensed or ave Permitted Establishments, of Subsection C referenciaqq the �1 in conflict with city's under law, adding an exception for those working with a eas, the University of Iowa meat of Public Safety, in ition with the Iowa City agency their Department, are ientin a "Students Helping or "SOUT" pilot program; eas,the SHOUT employees be University of Iowa ts, some of whom will not ave reached legal age to past 10:00 p.m.• and Whereas the City wishes for those SifOUT employees under legal age to be able to enter licensed establishments while on duty whenever those establishments are open, pursuant to their mission to help those in need of assistance; and Whereas, the Iowa City Police Department also wants to clarifv w enforcement agency exempt from application ante; and it is in the best interest City to adopt this efore, be it ordained by Council of the City of 5, _Probibitionsr and 7 The person is working in con unction with a law enforcement agency their in performance of official duties. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be ad1'udged to be invalid or unconstitutional such adjudication shall not 2fect the validity of the Ordinance as a whole or an section, provision or part thereof- not adjudged invalid or unconstitutional. Section M Effective date. This Ordinance shall be effective upon publication. Passed and approved this 19th day of September,017. s/James A Throgmorton, Mayor Attest: s/Kellie K. Fruehlmg, City Clerk �r -•..ne__ CITY OF IOWA CITY 410 East Washington Street Iowa city, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4725 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of September 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 28, 2017. Dated at Iowa City, Iowa, this 12th day of October 2017. C` JuBeA. Voparil V Deputy City Clerk @S.\°�-J�' PeRiedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: cos : 0002426383 9/28/17 09/28/17 $49.72 Copy of Advertisement Exhibit "A" d�" Subscribed and sworn to b fore me by said affiant this .. uumnuii QUFFy ""•,, N :co InU7,E of d�' o= 5G . day of September, 2017 Notary Public Publish 9/28 Ordinance 17-4725 Title 9, id Traffic the Roan, it Driving action !d vehicles, ed vehicles g tbe left :ate co ode. City law n being left :ir motor is turned off and the ignition keys removed; and Whereas, theowing prevalence of remote stag functionality, as well as keyless ignition, has rendered those portions of this ordinance obsolete; and Whereas, the State recently amended Iowa Code section 321.362, their own unattended motor vehicle law, to eliminate the requirement that vehicles have their motor turned off and key removed when unattended, while preserving the requirement that such vehicles be safely secured; and Whereas, the Iowa City Police Department believes the change in State law is appropriate, and should be mirrored at the local it is in the best interest City to adopt this afore, be it ordained by Douncil of the City of Is and of the Driving C is ig it in it the s�ihiy for Unattended cies: A person driving is of a motor vehicle permit the vehicle to attended upon any grade without settin the brake and e fronq wheels to the of the h'Rehwa . II. pealer. All and parts of in conflict with the of this Ordinance are sled. [I. Severability. If any 3vi-,sion or part of the shall be ad'udged to be unconstitutional such Lshall not affect the the Ordinance as a or Section IV. Effective date. This Ordinance shall be effective upon publication. Passed and approved this 19th day of September,- 017. s/James A Throgmorton, Mayor Attest: s/Kellie K. Fruehlmg, City Clerk STATE OF IOWA SS JOHNSON COUNTY CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319)356-5009 FAX www.Icgov.org I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4726 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 12, 2017. Dated at Iowa City, Iowa, this 17th day of November 2017. -JuR K. Voparil Deputy City Clerk 0 P( 0 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY 410 E WASHINGTON ST ATTN: CITY CLERK'S OFFICE IOWA CITY IA522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start 0002457150 10/12/17 10/12/17 Copy of Advertisement Exhibit"A" Cost: $194.39 CAI,, Subscribed and swornAo before me by said affiant this 12th day of October 2017 `\"uunur,r r10TARY :`` Notary Public '`nom''• UBLIG c p � _ •,i,rrF ivlS0 ,� � ��- wio)uon 111M 'PaPln!Pgns jo 'pa ��alsue it s ayJuana ayl Rlql pue- ale pasneu �ap�o B. ayl amsua are suolla!�lsa� u lelrao 1e41 iaump ayy e ial}euplay) snooj ue uoile.o Iao R1D enrol spew sl it ONINO hep pE .!yl JI A N000 10 suogoojisai pu of loagns a,e 0 , uleluoo sPojc uosug.r 'RIIO ..I .0 "'d 915 ay1)o I NO k "m ►�` ,t • wtr®�®� 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. 17-4727 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 12, 2017. Dated at Iowa City, Iowa, this 17th day of November 2017. \\ \\ �UNeparil Deputy City Clerk PCY-hedia PRESS -CITIZEN MEDIA PART OFTHE USATODAY NETWORK CITY OF IOWA CITY 410 E WASHINGTON ST ATTN: CITY CLERKS OFFICE IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Run Dates: 0002457169 10/12/17 10/12/17 Copy of Advertisement Exhibit "A" Cost: $77.18 (I -LN Subscribed and sworn to fore me by said affiant this "rr/r ' 12th day of ��\$8AR0�,, •' NOTgRy'� ; of �SGO` ,. Public Publish 10/12 Ordinance No. 17-4727 Ordinance amending Title 17, „-_:,,:_ _ , _ _-_-:_ _._ that ' -aildi 's Official dete aincs "'a" the has, after issuance of a entitled `Buildingand Housing, Chapter 5, entitled "Housm Me owner notice of violation of the Housing Code: Code," to provide for abatement of rent in emergencies. 1) failed to provide an essential service(water, sewer, electricity, Whereas, Section 36417(3)(a)(8) of the Code of Iowa grants heat); municipalities the authority to 2) failed to remedy a condition abate rent if a dwelling does not that poses a substantial risk to the health or safety of the tenant; or compLy with the housing code, Whereas, the Citty�.'s A$'ordable 3) rented a welling unit without a rental Housing Action PIan includes a to allow the City to order permit.d B. Rent abatement means that provision that rent be abated in an the owner may not recover rent from the tenant. Rent shall be emergency; Whereas, the BuildinOfficial abated until the condition for which rent abatement was ordered should have the authori y to abate rent in certain instances when the has in the �eudgment of the Housing Code violations pose a substantial risk to the health or Building Official, en remedied. C.The Building Official shall safetyof the tenant and when the landlrd fails to obtain a rental provide a copy of the rent abatement order to the owner at permit; and Whereas it is in the City's interest the address on the rental permit and to the tenant by U.S. mail and to adopt this ordinance. by posting the entrance door to Notice Now, therefore, be it ordained by the City Council of the City of dwelling unit. of termination of the rent abatement Iowa City, Iowa: order will be given in the same manner. Section 1. Amendments. 1.Title 17 entitled "Building and Section H. Repealer. All » Housing, Cha ter 5, entitled » Housing Coe Section 9, ordinances and parts of ordinances in conflict with the entitled rgency Orders," is amended "E mer by adding the following at the end provision of this Ordinance are hereb repealed. Y re P of Section 9: Section IV. Severability. If any Notwithstanding Section 17-5-11, rent shall be abated if the section, provision or part of the Ordinance shall be ad'udged to be ins ector issues an emergency order forfailure to comply with invalid or unconstit2onal such adiudication shall not affect the the HousingCode and the owner validity of the Ordinance as a fails to repair the condition giving whole or an section, provision or thereof' not adjudged invalid rise to the order within 5 days. Rent abatement means that the part or unconstitutional. owner may not recover rent from date Section V. Effective Date. This Ordinance shall be in effect after the tenant. The effective of the abatement is the date the its final passage, appproval and law. in ector issues the emergency publication, as provided b Passed and approved this 3rd day order. Notice to the owner and tenant of the rent abatement shall of October, 2017. beven in the same manner as in 17-55-11. s/James A. Throgmorton, Mayor Attest: s/Kellie K Fruehhng, City 2.Title 17 entitled `Building and Clerk Housing," Chapter 5, entitled "Housing__- Code," Section 10, 17-5-11, means that me recover rent from effective date of is the date the was lacarded. ,ner andp tenant of -17 entitled `Building and " Chapter 5, entitled ig GP0de," Section 11, "Fees," is renumbered as 24. 17 entitled "Building and Cha ter 5, by igCode,"ended ln�i the flloinwSection tied "RentAbent": he Buildin Official may - rent aba;ed when the I r 1 r ��h • � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240.1826 (3 19) 356-5000 (319)356-5009 FAX www.Icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4728 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of October 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 12, 2017. Dated at Iowa City, Iowa, this 17th day of November 2017. Julie K. Voparil Deputy City Clerk 8 AvP&edia z PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY 410 E WASHINGTON ST ATTN: CITY CLERK'S OFFICE IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: u;ost: 0002457189 10/12/17 10/12/17 $138.98 Copy of Advertisement Exhibit "A" "\SSA .. Rpt ; NOTA& y':� AUBLIG � o • ......... .. WISG d, I Subscribed and sworn to bef06 e me by said affiant this 12th day of Public Publish 10/12 existing muici-mmuy resiaentiai Ordinance No. 17-4728 dwellings by fosterin Ordinance amending Title 18, Site communication between the � Plan Review, to re uire roperty, owner and the occupants. notification to occupants and an . 1582-1 General Procedures. occupant transition plan for any Amend by deleting it and additions or alterations to a renumbering the subsequent residential development with more articles accordingly.� of be the anWhereas, the Comprehensive �. 18-2-2(B) Major Site Plans: Amend byy inserting a reference to Plan encourages developers „ of such projects to create transition Section 13 (minor site plans, as plans to provide information to amended by this ordinance) in the introductory sentence and add the occupants regarding any construction activity which may following subsections 6 and 7: affect residents; and Whereas, the Comprehensive Submittal information for major site plans must include all the Plan supports infill development information c ntained in sections A and B of this article, the and redevelopment opportunities in areas where services and ,plus following additional information: infrastructure are already in 6. Within twenty four (24) hours of submitting an application for place; and Whereas, the 2015 Update to the major site plan approval, the applicant shall post notice on the Affordable Housin Market Analysis and the. G�ATY STEPS subject property of intent to Consolidation Plan document affordable housing issues and develop on the site. The notice to be posted will be provided b the trends in the Iowa City market, city and shall be ostedv as for noting that the affordable housing directed by, the city. Major Site Plans involving any additions needs in the Iowa Cit market are unmet and growing; any or alterations to existing Whereas, theCity currently a major site development containing over 12 residential units, the apppplicant, requires plan approval for redevelopment within 24 hours of submitting an application for major site plan projectsimpacting more than 12 residential units; and approval, shall mail written notice Whereas, residents of such redevelopment may be required to to all current occupants of the development property informing relocate as a result of such redevelopment, making notice and them of the application and intention to develop on the • site, communication essential to the anticipated construction timeline, and phasing of the mitigating the impact of such relocation, particularly given the project. The applicant shall to unmet and growin need for housingg furnish evidence satisfactory the City that such notice affordable anY Whereas, City Council approval of requirements have been satisfied before the application will be occupant transition plans , for considered complete. redevelopment pro ects containing more than 12 residential units, for 7. For Major Site Plans involving which approval of a major site is required, will emphasize any additions or alterations o existing development containing plan the importance of fostering communication between the owner over 12 residential units, the applicant shall submit an occupant and those persons who may be required to move as a result of the transition plan if there are any occupants of the development on redevelopment and seeks to such residents about the date the application is submitted. Such a plan must educate alternative housingg options. Now, therefore, be it ordained by include the number of current occupants- a eneral description the City Council of the City of ofcurrent conerractual obligations between the owner and the Iowa City, Iowa: Section I Approval. Title 18, Site occupant(s);when any leasehold Plan Review in hereby amended interest expires; and a construction timeline and phasing as follows: A. 18-1-1 Purpose: Amend by deleting, Section B(3) plan. E. 18-2-3 Ap rovaLDenial renumring the subsequent Process. Amend by deleting it and sections, and adding the following replacing it with the followin: n A. Minor Site Plas shall be as Section H: H. Mitigate the impact of reviewed administratively. Major redevelopment on occupants of involpving the Site Plans shall be reviewed administratively unless a request proposed projects remodeling or reconstruction of for Planning and Zoning „ Commission _review is made in QI—A- t-1 - 4-7 -a,g accordance with Section B below. i. Except for major site plans involving any additions or alterations to existing development containing over 12 residential units, the building official shall review and comment, approve, approve with conditions or deny such site plans submitted within twenty-one (21) working days after application. H. Where an occupant transition ylan is required pursuant to 5-2-2(c(7) above, in no event shall the site plan be approved until the City Council has considered and approved said on or eviction, a aecision nor to renew existing leases or a challenge by a tenant thereto and may not alter the terms of the lease/right . of possession by imposing requirements that relocation benefits or other assistance be provided. B. For Major Site Plans, the Director Neighborhood Development Services or those owners of twenty percent (20%) or more of the property located within two hundred feet (200) of the exterior boundaries of the proposed development site, may request review of the site plan, by theplannin and zoning commission. is request must be in writin and must be filed with the builriing official within twenty (20), days of submission of the original application or within twenty (20) days of the posting requirements set forth in section 18-'L-1 of this chapter, whichever is later. When such a requestis received,, the planning and zoning commission may review and approve, review and approve with conditions, or review and deny said plan within twenty (20) working days of receipt of the written request . for planning and zoning commission review. The commission's scope of review shall _ be the same as that of the to plan approval by the fficral or the planning commission, a -building be issued. II. Repealer. All and parts of in conflict with the of this Ordinance are -ability. If any or part of the ad'udged to be 121onal such not affect the rdinance as a V. Effective Date. This shall be in effect after passaee. approval and dr.�.3t3 publication, `as provided b` law. YPassed and approved this 3rd day of October, 201'!. 8 /James A. Throgmorton, Mayor Attest: s/Kellie K. Fruehling, City Clerk STATE OF IOWA SS JOHNSON COUNTY all CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 1 9) 356-5000 (319) 3S6-5009 FAX www.lcgov.org I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4729 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of October 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October 26, 2017. Dated at Iowa City, Iowa, this 17th day of November 2017. Sake -K. Voparil Deputy City Clerk PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: cost: 0002489731 10/26/17 10/26/17 $80.62 Copy of Advertisement Exhibit"A" Subscribed and sworn to before me by said affiant this IIF��7 ' 26th day of October. 2017 NOTARY % J. •. y �. CJI 1 ....... I SG r\O\````p Notaryublic Publish 10/26 ORDINANCE I in use a Title 6 aith and 1, entitled and Title Ways and the use of smokeless 12D of the kefree Air Act :es a person or control of property that ipt under the net to be a er' 10 of Title 6, [d -Safety", the areas witmn cigarettes are the Iowa of fational Cancer that chewing aff contain 23 ts; iter for Disease found that percent of and 3.3 percent :emales reported products in 2016 3.0 percent of ales and 1.5 middle school using smokeless iter for Disease found that percent of and 9.5 percent 'emales reported �arettes in 2016 1 percent of ales and 3.4 middle school using electronic of tobacco and tes should be shout all City vehicles; and L the City's best a ordinance. e it ordained by of the Citv of Iowa.City,Iowa_, M ring new when in a iereby amended by adding new subparagraph L: In addition to the prohibition of ise of tobacco and electronic :igarettes in City parks as 3rovided in Section 6-10 of this ode, no person shall use 'mokeless tobacco in any City ?ark except when in a privately jwned vehicle. Smokeless tobacco .s defined as any product that •ontains cut, ground,, powdered, or of tobacco and is tended to be plin acedin the oral or nasal cavity, including, but not limited to, snuil, •hewingtobacco, dipping tobacco, 3issolvabIs tobacco products and ;nus. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III, Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional such a��udication shall not affect the validity of the Ordinanceas a whole or any section, provision or part thereof not adjudged invalid or unconsti-,tutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, appproval and publication, as provided b law. Passed and approved this 17th day of October, 2017. s/J ames A. Throgmorton, Mayor Attest: s/Kellie K. Fruehhng, City Clerk � r 'elute 's 11 4 -•...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. 17-4730 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of November 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 30, 2017. Dated at Iowa City, Iowa, this 18th day of December 2017. \\`` ,V JW". . Voparil Deputy City Clerk I-wtµ•, �=' PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY—ATTN: JULIE VOPARIL 410 E WASHINGTON ST IOWA CITY, IA 52240 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 6000061615 11/30/2017 11/30/2017 $617.78 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 4th day of December. 2017 ,N9 ary Public OTdipante No. 17-4730 Ordinance conditionally rezoning 28.03 acre: from Interim Development - Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RRA) zone for 19.38 acres for property located west of Camp Cardinal Road and south of Kennedy Parkway (REZI7-00014) WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of approximately 28.03 acres of property, leCeed South of Kennedy Parkway west 01 Camp Cardinal Boulevard, from laenm-Development Research Park IID -RP) zone to High Density Single -Family Residential IRS -12) zone for 5 35 some, Low Density MumFemily (Ro l zave for 3.3 acres and Rural Residential IRR -1) zone for 19.38 acres; and WHEREAS, the Comprehensive Plan indicates Mat this area is suitable for "conservation design" including a variety of residential housing types clustered away from emironmentally sensitive areas; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed RM -12 zoning and finds mat t is consistent with the Comprehensive Plan, provided development meets Certain conditions, including general compliance with the concept plan with townhouse -style muN- family dwellings with vehicular access to garages from a mar lane that is a maximum of 18 feel wide with green some and landscaping between the rear driveways to reduce impervious surface, improve stormwater dralnane and nmvent soeedinn: and staff the rear rine and for screening the rear garages from public view in the northwest comer of the development, and development of a usable outdoor space with features such as an outdoor dining area and lawn for Informal recmatoal use, these conditions being warranted to improve the aesthefics and IIv2Nlly for this cluster of higher density housing; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed RS -12 zoning and RR -I and finds that they are consistent with the Comprehensive Plan with an appmpnate mu of single family and duplex units clustered away from the sensitive areas, which are proposed as aullda to preserve and protea these regual areas and provide for management of stormwater run-off; WHEREAS. Iowa Code 4414.5 (20171 provides Toni over and above existing regulatiaes, in poser to safisty public needs caused by the requested change', and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Condhlonal Zoning Agreement attached herero to ensure appropriate development in this area of the cony NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Subject to the CA ditaal hereby reclassified from its current zoning designation of ID -RP to the designations described in the legal oescnpfions below. RS-12PMT OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PMT OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 3781N THE OFFICE Of THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PMT ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER THENCE N21'48'05"E 170.96 FEET ALONG THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N14.30-511 68.49 FEET ALONG SAID SOUTHERLY LINE: THENCE N86'42'03"E 215.79 FEET ALONG SAID SOUTHERLY UNE; THENCE SOUTHERLY 16.52 FEET ALONG THE MC OF A 530.00 FOOT RADIUS CURIE, CONCAVE EASTERLY (CHORD BEARS S411121 16.52 FEET): THENCE N84°5/'52"E 200.00 FEET ALONG SAID SOUTHERLY UNE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST - PART ONE. THENCE S16'49'51"E 101.12 FEV• A;E S25 -47'11'E 65.05 51 09167.65 FEET; THEN 7, O , FEET; THENCE S37°42'3 '-INGE S33'19'25"E 84.78 1p '5295 FEET); THENCE N38'11'58"W 163.23 -ET THENCE NORTHWESTERLY 79.40 FEET ALONG THE ANC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 1133'391)1 79.32 FEET); THENCE N29'0603"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE APC I OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEAMS N23 -51'48"W 63.90 FEET); THENCE S71'22'27"W 21.82 FEET; THENCE S74025'54"W 5056 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE APC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22'G4'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 74000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 534'14'53"E 10198 FEET); THENCE S38'11'5B"E 160.70 FEET; THENCE SOUTHEASTERLY 19068 FEET ALONG THE MIC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS 527.29'18"E 189.57 FEET); THENCE S73'13.22"W 30.00 FEET; THENCE NORTHWESTERLY 3484 FEET ALONG THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS NIB'51'24"W 34.84 FEET), THENCE 569'14'02"W 120.00 FEET; THENCE N28'55'22"W 99.33 FEET: THENCE N38'DB'39"W 103.46 FEET: THENCE N37'44'02'W 104.59 FEET; THENCE N30'07'41"W 134.60 FEET; THENCE N6V27'55"E 120.00 FEET; THENCE NORTHERLY 81.44 FEET ALONG THE ARC OFA 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N7°34'23"W 80.75 FEET); THENCE N84036'40"W 137.15 FEET TO THE PUNT OF BEGINNING. SAID PARCEL CONTAINS 5.35 ACRES, SUBJECT R OF SECTION 12, TOWNSHIP 79 RANGE 7 WEST OF THE 5TH PRINCIPAL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST GORIER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 516'49'511E 101.12 FEET; THENCE S25'47'11"E 65.05 FEET; THENCE 535'51'09"E 67.65 FEET; THENCE S38'11.581 75.00 FEET; THENCE 537'42'38"E 79,04 FEET. THENCE S3319'25"E 84.78 FEET; THENCE S27'59'Ot"E 84.7 FEET; THENCE S22'38'37"E 84.78 FEET; iH NICE 570'01'35"W 130.00 FEET; THENCE SOUTHEASTERLY 1622 FEET ALONG THE ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S19'22'41"E 16.22 FEET); THENCE 571'13103"W 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 25417 FEET ALONG THE MC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28'29'27"W 25295 FEET), THENCE N38'11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE MC OF A 500.00 FOOT RAGNIS CURVE, CONCAVE N23'S1'48"W 63.90 FEET) THENCE S71'22'27"W 21.82 FEET; THENCE S74'25'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY (CHORD BEARS S22°04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE MC OF A 74000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34'14'53"E 10198 FEET): THENCE S38°11'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CANE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27'29'18"E 189.57 FEET); THENCE N73'13'22"E 30.00 FEET', THENCE NORTHWESTERLY 16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N17038'00"W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23'56.56"E 26.99 FEET); THENCE N66 -23.16"W 15101 FEET; THENCE SOUTHEASTERLY 32.83 FEET At nNO THE ARC OF A 20.00 FOOT RADIUS SOUTHERLY 9.94 FEET ALONG THE ARC OF A 720.00 FOOT RADIUS CURVE. CONCAVE WESTERLY (CHORD BEARS S19'10.40"E 9.94 FEET TO THE POINT OF BEGINNING. SAID PAROA CONTAINS 3.30 ACRES. SUBJECT TO THE NORTHWEST 12, TOWNSHIP 79 NORTH, RANGE 7 WEST Ue THE STH PRINCIPAL MERIDIAN. IOWA CITY, 1111411 COUNTY IOWA AND PART OF IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56. PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER DESCRIBED AS FOLLOWS - BEGINNING AT THE SOUTHERLY CORNER OF LOT 13. CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PACE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, THENCE S84'36'40'E 137.15 FEET; THENCE SOUTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, '30'0741"E 132.68 )O"W 424.72 FEET OF SAID CARDINAL PART FEET ALONG SAID SOUTHERLY UNE; THENCE N83'36'43"E 156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N53'13'37"E 209.13 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF NJDTOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL ALONG THE OF SAID CARDINAL POINTE WEST - PMT ONE. THENCE N9°15'18'E 55.00 FEET ALONG SAID EAST LME: THENCE N21°10'S0"E 13295 FEET ALONG SAID EAST LINE TO THE SOUTHERLY UNE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 564'26'20"E 461.81 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 578'55'14"E 191,55 FEET); THENCE N86'35'51"E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY NIGHT OF WAY OF CHIP CARDINAL BOULEVARD AND THE MC OF A 40.00 FOOT RADIUS. CONCAVE SOUTHWESTERLY (CHORD BEARS 548'20'33"E ALONG SAID WESTERLY RIGHT OF WAY ANU IHE MC OF A 2450.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS St'D6'49"E 171.70 FEET); THENCE SO'S3'41 "W 227.14 FEET ALONG SAO WESTERLY IT HT OF WAY TO THE SOUTH UNE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE S89'04'32"W 463.31 FEET ALONG SAID SOUTH UNE; THENCE N27'59'01"W 48.59 FEET; THENCE 11133019'25"W 84.78 FEET; THENCE N37'42'38"W' 79.04 FEET; THENCE N38'11'58"W 75.00 FEET: THENCE ,-;a, q Lf N35°51'09"W 67.65 FEET; THENCE N25°/7'11"W 65.05 FEET; THENCE N16'49'51"W 101.12 FEET TO THE POINT OF BEGINNING. 5410 PARCEL CONTAINS 7,71 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND: OUTLOT O CARDINAL POINTE WEST - PART ONE, IOWA COY, JOHNSON COUNTY, IOWA AND AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION It. ZONING MAP. The Building Inspector is hereby authorized and directed to cAarge the zoning map of the CM of Iowa City, lows, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Gandhi Zoning Agreement between the property owners) and the CN, 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 party a copy of this ariner and the associated conditional zoning agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense all as provided bylaw SECTION V. REPEALER. All pronounces and parts of ordinances in cofifict with the provisions of this Ordinance are hereby repealed. SECTION VL SEVERABILITY If any section, pravisdn or part of the Ordinance shall be adjudged to M invalid or uncons6N0aal, such adludipation shall not affect the validity of five Ordinance as a whole or any section, pmvis on or part thereof not adjudged invalid or unconstitutional. SECTION M. EFFECTIVE DATE. This Ordnance shall be in effect after us Anal passage, approval and publication, as provided by law. Passed and approved this 21 at day of November. 2017. s7Jan es A Throgmoton. Mayor Attest s/Kellie K. Frusnling, City Clerk Core itonal Zoning Agreement This agreement is made between the City of Iowa City, Iowa a inurlldpal corporation mereinater "City-, and The Cmssmgs Development, LC(hereinafter 'Overn Whereas, Owner is the legal title holder of I proemaaly 28.03 acres of property located west of Camp Cardinal BOWevard and south of Kennedy Parkway; and Whereas, the Owner has requested the rezoning of said property from Interim -Development Research Park (D -RP) zone to High Density Single -Family Readeonal IRS 12) zone for 5.35 acres. Low Densly Multifamily (RM -121 zone tar 3.3 acres and Rural Ranompul (OR1)zone for 19.38 acres: and Whereas, the Planning and Zoning Commission has determined that with appropriate codtions warranted to improve the aesilafics and livability let this duster of higher density housing, the requested zoning is consistent wffh the Comprehensive Plan: and Whereas. Iowa Guide §414.5 (201 7) provides met the City of Iowa City may impose reasoahb contlitlaa on gaming a rezoning requesL ever and some existing regulations, in order to safisty public needs caused by the requested change; end Whemas, the Owner acknowledges that certain cooaons and restructure; are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for to improve to aesthetics and livaoiliy, lex nigher density lousing; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mural promises contained herein, the parses agree as AKbws: I. The Crossings Development. LC. is the legal tide holder of the property legally described as: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PMT OF THE SOUTHWEST OUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PAINT OF AUDITOR'S PARCEL N0.2012052 AS RECORDED IN BOOK 56. PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER AND PMT OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56. PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PMT ONE M RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER; THENCE N21 °48'05"E 170.86 FEET N,ONGTI�$QUJI#RLYUNE N5.}.I1 CNbIN4l POI WE FART ONE;THENC 1 "30'51"E 68.49 FEET ALONG S41D SOU ERLY UNE; THENCE 148642'031215.79 FEET ALONG SAID SOUTHERLY UNE; THENCE SOUTHERLY 1652 FEET ALONG THE ARC OF A 53000 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84'S4'S2"E 200.00 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST - PARE ONE; THENCE $16'49'51-E 101 12 FEET; THENCE S25'47'11"E 65.05 FEET; THENCE S35'51'091 67.65 FEET; THENCE 538'11'58"E 75.00 FEET; THENCE $37'42'38'E 79.04 FEET; THENCE S33'19'25'E 84.78 FEET; THENCE S27'59'01"E 48.60; THENCE S26'56'21"E 53.53 FEET; THENCE $21.30.05-E 86.33 FEET; THENCE S71'13'03'W 160.00 FEET; THENCE NORTHWESTERLY 254.17 FEET ALONG THE MC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28 -29.27-W 252.95 FEET); THENCE N38'11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33'39'00"W 79.32 FEET); THENCE N29°06'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23 -51.48-W 63.90 FEET); THENCE S71'22'27"W 21.82 FEET' THENCE S74'25'54'W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22'04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 F001 RADIUS CURVE, CONCAVE N0RIHEASILHLY (CHORD BEARS S34'14'53"E 101.98 FEET)' THENCE S38°11'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.60 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27°2918"E 189.57 FEET); THENCE S73°13'22"W 30.00 FEET; THENCE NORTHWESTERLY 34.84 FEET ALONG THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N18'51'24'W 34.84 FEET); THENCE S69'102'W 120.00 FEET; THENCE N28'55'22'W 99.33 FEET; THENCE N38'08'39'W 103.46 ' FEET; THENCE N37'44'02"W 104.59 FEET; THENCE N30'07'41'W 134.60 FEET; THENCE N69'27'55"E 120.00 FEET; THENCE NORTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N7'34'23"W 80.75 FEET): THENCE N84'36'40"W 13715 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.35 ACHES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. AND PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56. PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO 2012053 M RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED M FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 516'49'51"E 101.12 FEET; THENCE S25'47117 65.05 FEET; THENCE C. --k (-� - y? 30 1°13'03"W 30.00 FEET TO THE POINT OF GINNING; THENCE NORTHWESTERLY 254.17 ET ALONG THE ARC OFA 750.00 FOOT AAof S CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38°11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39D0"W 79.32 FEET); THENCE N29'O6'03"W 53.30 FEET, THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 1123°5118"W 63.90 FEET); THENCE S71°22'27"W 21.82 FEET, THENCE S74'25'54'W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THEARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22'0403'W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34'14'53"E 101.98 FEET), THENCE S38'11 58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27'29'18"E 189.57 FEET); THENCE N73°13'22"E 30.00 FEET; THENCE NORTHWESTERLY 16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS fvl RI fpI�GAVE WESTERLY (CHORD BEARS N1 jP3§'00'W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23'56'S6'E 26.99 FEET); THENCE N66°23'16"W 151.01 FEET; THENCE SOUTHEASTERLY 32.83 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S6615'34"E 29.26 FEET; THENCE SOUTHERLY 9.94 FEET ALONG THE AHC OF A 720.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S79'10'40"E 9.94 FEET TO THE. POINT OF BEGINNING. SAID PARCEL CONTAINS 3.30 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. AND PART OF THE NORTHWEST QUARTER AND PAT OFTHE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY. JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 3791N THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY IOWA RECORDER DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 584°36140"E 137.15 FEET; THENCE SOUTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S7'34731 80.75 FEET); THENCE S69'2T55"W 120.00 FEET; THENCE 530'07'41'E 132.68 FEET; THENCE N90'00'00"W 424.72 FEET TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE NO'00'00"E 107.13 FEET ALONG $AID SOUTHERLY LINE; THENCE N83'36'43"E 156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N53°73'37"E 209.13 FEET ALONG SAID SOUTHERLY UNE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES, SUBJECT TO EASEMEN'S 94n RESTRICTIONS OF RECORD. AND PMT OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN. IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITORS PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE 132,95 FEET ALONG SAID EAST UNE TO THE SOUTHERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S64'26'201 461,81 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEETALONG SAID SOUTHERLY UNEMD THE ARC OF A 38300 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55 FEET); THENCE N86'35'51 "E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD AND THE ARC OF A 40.00 FOOT RADIUS, CONCAVE 463.31 FEET ALONG SAID SOUTH LINE; THENCE N27'59'01"W 48.59 FEET; THENCE N33'19'25"W 84.78 FEET; THENCE N37'42'38"W 79.04 FEET; THENCE N38'1 1'58"W 75.00 FEET; THENCE N35'51'09"W 67.65 FEET; THENCE N25'47'11"IN 65.05 FEET; THENCE N16'49'51'W 101.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7.71 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND OUTLOT D, CARDINAL POINTE WEST- PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA AND AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO EASEMENTS AND 2.The Owner acknowledges that the City wishes to ensure conformance to the principles of the Compreheraive Pan and the Clear Creek Master Plan and Camp Cardinal Road Memorandum of Understanding Further, the partes acknowledge that Iowa Code §414,5 (2017) provides that the City of Iowa City may impose reasonable conditions an granting a rezoning request, over and above the existing regulations, in order to Sabely Public needs caused by the requested change. 3. In consideration 0f the City's rezoning the subject property, Owner agrees that development of the subject property hereby rezoned RM -12 will conform to ail other requirements of the zoning chapter, as well as Me following conditions. a. Development shall generally comply with the concept plan for the area shown as "Lot 32" an the Rezoning, Preliminary Plat and Smudgy, Area Site Pan, Cardinal Pointe West -Part 2 (attached). including townhouse -style mult- family dwellings with vehicular access to garages from a rear lane that is a maximum of 18 feet wide with green space and landscaping between the rear driveways to reduce impervious surface are improve stormwater drainage V . Pour to approval of any site plan, Owner shag obla n Stat approval of a landecapirg plan for the area along the rear private drive are for screening the rear garages from public view along Dubs Drive. o. Development shall include a usable outdoor space with features such as an outdoor dining area and lawn for informal recreational use. 4. The Owner and Ciry acknowledge that Me conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions musty public needs that are caused by Me requested zoning change. 5. The Owner and CM acknowledge that in Me event the SUbjecl property is bansfened. sold, redeveloped, or subdivided, all redevelopment will conform me the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Coma" ZOrwg Agreement shall be deemed to be a covenant rlmMng wM We land and Won fifie 10 the land, and "I remain in full force and effect as a covenant with fifie to the land, unless or until released of recOFdby the City of Iowa Ciry. The parties further acknowledge mat this agreement shall inure to the benefit of and bind all successors. representatives, and assigns of the parties. 7 The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant Nam complying with all other applicable local, state, and federal regulations. 8. The Paribas agree that this Conditional Zoning Agreement shall be incorporated by retel into me ordinance rezoning the subject property, and net upon adoption and publication of the onnirance, this agreement shall be recorded in the Johnson County Recorder's OAce at the Owl expense. Dated this 21st day of November, 2017. City of Iowa City sUames A. Thrognm rton, Mayor Aaesl: sMellie K. Floating, City Clad The Cta IIW Devalo =M L C. By: sUerry Wad08we, Manager CD", - 1-7- -1-�,so - VA vmrt � ar�i ,�e�e,ior naeo 0.810 OW.IMFLNINYY %ATAND 9pH8<lIVBARIA 9REMAM W0. CARDINAL POINTE WEST -PART 2 W 1118 COY OF IOWA CT', JOf ON COUMY, IOWA r � - �r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4731 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of November 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 30, 2017. Dated at Iowa City, Iowa, this 18th day of December 2017. ` Jull . Voparil Deputy City Clerk P®rhedia PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002564376 11/30/17 11/30/17 $131.13 Copy of Advertisement Exhibit"A" 0 Subscribed and swom to b f re me by said affiant this 30th day of November. 2017 �a 9-19-2—( NotaryPu is a that are create a t for e are tat help scale of a -five-and a F ARMS,the i ment s of ince in certain i as for buildings height where the taller than other vicinity, for on streets )articular concern; for located on narrower ;hts-of-way; and in cases preservation of view is of community :e; and AS, if there are unique stics of the site that an adjustment or waiver per floor faeade. stepback, ni e design techques may ve in meeting the intent )back standard- and 9S, in the atsence of an Elie upper floor fagade ver floors in ways that Iapn the vertical mass of REAS, allowing 'e review and ofrequests for r waivers of the upper ack requirement in it is warranted will the approval process a 0 Street wall tnat proviaes a comfortable sense of enclosure for approve building p loading, placement Section Standards. lesser than may be ann T3• -)-t� 3 1S, allowingd review an uests for a waiver- s height would be allow for a second i courtyard in a tion, provided a screen wall is at is designed to ntended sense of pedestrians at the IERBY BECITY lacement TIM OF THE CITY OF IOWA: I. The Code of of the City of Iowa is hereby amended as 14 -2G -7H, Minor Jh paragraph 1 g, and replace and with C Committee may deviations from the and parking, Criteria: or or irds greater or ran es allowed in the following thge listedidbelow are or to of rill not Sus to nts in Minor 5 and e., and f the oubmstrict 5tannaras or buiidmg design standards set forth in Section 14 -2G -7F, provided the following approval criteria are met: a.The building includes an alternative design solution that rally or better meets the intent rally specific standard being modified; and b. The building is uniquely designed to fit the characteristics of the site and the surrounding neighborhood, is consistent with the goals of the Downtown & Rivert-ront Crossings. Master Plan Ord . l -t - `t't 3 l or Central District Plan, as 3 (r{ applicable, and will not detract O from or be injurious to other property or improvements in the use of durable materials; and sere are unique characteristi( the site or neigghbors rerties that lend to alternati gn approaches, or that mak( cult or infeasible to meet urements; or the propos Bina is designed true to architecturalinte�n ty; and e.For requests Tor waivers of an upper floor stepback requirement, the building must include an alternative means of visually breaking up the vertical plane of the buil din 6. In mid -block locations, the FBC Committee may waive the minimum building height standard to allow for a 2nd story pedestrian courtyard (an area surrounded by building facades on at least 3 sides), provided a screen wall that is at least as tall as the second story building fagade is constructed co -planar or recessed a maximum of 3 from the street-facingfagade. The screen wall may either be constructed of high quality, building . materials that faithfully imitate an architecturally -finished exterior building fagade with complementary window openings and articulation, or constructed as a decorative screen wall with a semi -transparent, open pattern where the top of the screen wall aligns generally with the top of the second story. For purposes of re�ulatin signsge, the screen wall willgbe considered a building wall. SECTION H. REPEALER. All ordinances and parts of ordinances in conflict with the provi-sions of this Ordinance are herebyy repealed. SECIMON III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjucr to be invalid or unconstitutional, such adiudication shall not affect the validity of the Ordinance as a EFFECTIVE ice shall be nal passage, Dn. this 21st day City � r _r "° IP_ Ott `i • "W'®��� -•a..f— CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.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. 17-4732 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of November 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 30, 2017. Dated at Iowa City, Iowa, this 18th day of December 2017. \\ 13) A Ju 1 . Voparil Deputy City Clerk Pchedia40 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002564383 11/30/17 11/30/17 $66.89 Copy of Advertisement Exhibit"A" Subscribed and sworn to beforeIrre by said affiant this 30th day of November, 2017 Nota P lic Ordinance No. 17-4732 An ordinance amending Title 14, Zoning, Chappter 4. Use Regulations and Article 14-2D ndustrial and Research Zones. io consumer me certain times zones sale of sale of zones is safety of the be it ordained by cil of the City of Code of Ordinances Iowa City, Iowa is as follows: ion 14-411-7, Other adding anew use isumer Fireworks rks Sales Sales of second-class s, as defined by Pyrotechnics seasonal sales sory Uses: None. d 14 -4A -4I Retail Uses, ph 4, Etxceptions, by a new subparagraph J., as es of first-class and/or ;lass consumer fireworks fled as an " O t h e r set forth in 14-4A-7. a a urovisionai use id 14-413-4E, (provisions ble to) Other Uses, by a paragraph 7, as follows: sumer bireworks Sales in and I-2 Zones: In the I-1 Zones, Consumer •ks Sales, as defined in this ire permitted, subject to the ions and dates of sale set and following paragraph: - •Outdoor display and sale of first-class and/or second-class consumer fireworks, as defined by the American Pyrotechnics Association, according to the Qt.aopata" Is and dates of sale set in Title 661 Iowa .ative Code Chapter 265, Fireworks Sales and Safety Standards. display and sales of such are only allowed in I Zones. n II. Repealer. All S in aconflict pawith the is . of this Ordinance are III. Severability. If any provision or part of the ace shall be ad'udged to be or unconstitutional such ation shall not affect the of the Ordinance as a or any section, provision rt thereof not adludgea or unconstitutional. IV. Effective Date. This ice shall be in effect after kI tion assage, approval and and apppproved this 21st day mber 21117. A. Tvrogmorton, Mayor s/Kellie K. Fruehhng, City ► 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. 17-4733 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of November 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November 30, 2017. Dated at Iowa City, Iowa, this 18th day of December 2017. Jul"Voparil Deputy City Clerk Perhedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 0002564391 11/30/17 11/30/17 $66.89 Copy of Advertisement Exhibit "A" *-&X Subscribed and swom to before me by said affiant this 30th day of November. 2017 'r, ` t641 9-/C/)-/ Notary Pu lic Publish 11/30 ORDINANCE NO. 17-4733 Ordinance amending Title 10 entitled "Public Ways And Property;' Chapter 5, entitled Ci y Plaza, to allow an association of downtown businesses to place a commercial structure on Citv Plaza under asart of event such as ket from a weel an event to the end d it is in the C Ilow the City Man a permit for Of a commer City Plaza and E Park for up to 45 from it ordained by of the City of amended by - addin the followink new Sub ara raph 99: a.The (Pity Manager or designee may . issue aermit to an association off downtown businesses for the placement of a structure on City Plaza for commercial purposes under the following conditions: (17he applicant must complete an aamplication repared by the Citty�. ana er's Office. (2)The �uration of the permit cannot exceed 45 days per calendar year. (3)Insurance coverage as required by the City's risk manager. (4)Execution of an agreement to indemnify the City. (5)The structure must be apppproved by the Building Official. (6)Dlo sale, transfer or assignment of the permit is allowed. (7)Other conditions consistent with the purpose of this Title of the Code. b.The City Manager or designee shall either grant or deny the application within seven (7) working days of the application being tiled. The City Manager or designee shall have. the discretion Pi 73 Aat to deny the applieutiofi due to the amount of space requested and/or the conflicting demands for space during the time period requested. The process for appears and revocation of the permit shall be the same as for a temporary use of sidewalk permit. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutt�ional such adjudication shall not affect the validity of the Ordinance as a Section IV. Effective Date. This Ordinance shall be in effect after its final passage, appproval and publication, as provided by law. Passed and approved this 21st day of November 2017. sUames A. Throgmorton, Mayor Attest: s/Kellie M Fruehhng, City � 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. 17-4734 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of December 2017, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 28, 2017. Dated at Iowa City, Iowa, this 22nd day of January 2018. Ju-MrX. Voparil Deputy City Clerk 1h F" edea PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY �f:}eiri�u �/f UrJpa"' 410 E Washington ST IOWA CITY IA 52240-1825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 6000061833 12/28/2017 12/28/2017 $617.78 Copy of Advertisement Exhibit "A" Subscribed before rAdby said affiant this 17th day of January. 2018 NotaryNotary Public BERGEN GORNOWICH Notary Public State of Wisconsin Whereas, It is a goal of Plan to work to achieve a rental and owner-occupie d1strict's older neighbomow term Investment. aff WHEREAS, Iowa City, Ike may cities around Whereas, it is a goal of the Southwest Disldct the country, currently regulates occupancy based Plan to stabilize existing single family upon its definition of "family" and whether the neighborhoods in order to provide the opportunity occupants are or are not related by blood, and encourage households of all types to Ove marriage, adoption or placement by a social close to the University and downtown Iowa, service agency, and including singles, families, university students Whereas, In April 2017 the State legislature and elderly populabons; and, adopted a law (HF 134) amending Iowa Code Whereas, it is a goal of the Southwest District Section 414.1 to prohibit municipalities, after Plan to balance the unique needs of university January 1, 2018, from adopting or enforcing any students with the goal of protecting existing regulation or restdoon related to occupancy of housing that is suitable for families, singles, and residential rental property that is based upon the older persons; and, existence of familial or nonfamilial relationships Whereas, as one initiative to stabilize the between the occupants of such rental property; older residential neighborhoods most impacted Ed, by the pressures of the student rental market in Whereas, regulation of occupancy based on furtherance of the goals set forth In the Central familial status has been an important tool to District and Southwest District Plans to achieve promote peaceful habitation in residential areas healthier balance of rental and owner -occupied of Iowa City for more than 50 years, particularly housing, the City Implemented the UniverCRy In those neighborhoods impacted by their Neighborhood Partnership Program, whereby proximity to the University of Iowa campus and nm -dawn single-family rental properties are the pressures of the student renal market and, purchased by the City, rehabilitated, and sold w Whereas, since at least the 1960s, maximum affordable awner-occupied housing for Income - occupancy has been based on the number of qualified buyers; and, unrelated persons and off-street parking; and, Whereas, in recognition of the fact that over - Whereas, over fifteen years ago, the City Occupancy of rental units Is an Issue that Council began closely considering issues related negatively Impacts the quality, livability and value to the livability of neighborhoods, including the of neighborhoods, City Council has imposed the impact of the rental housing market in maximum penalty allowed by slate law for a neighborhoods near the University of Iowa violation of the maximum occupancy campus; and, requirements of the City Code; and, Whereas, on October 23, 2001, the City Whereas, the loss of this hod significantly Council established the Neighborhood Housing threatens the stabidy of the City's central city Relatow Task Farce in Resolution No. 01.353 neighborhoods closest to the University Of Iowa consisfing of representatives of owners, tenants, and requires careful study of alternative options; and neighborhoods to review nuisance laws and and ' policies 'to afford peaceful habitation in P Whereas, an illustration tathreat thisis that residential areas of Iowa City°; and, son after House File 134's enactment the Gry Whereas, on June 27, 2002, the Task Farce received approximately 40 applications for submitted its'Proposed lniliabveslReport of Task building permits on existing single-family and Fares' (°2002 Task Force Report') to the City duplex rental propemes that would result 1n an Council; and, increase in the number of bedrooms; arid, Whereas, the 2002 Task Force Report begins Whereas, in previous years the City has with summarizing the reasons why the City received fewer than five such applications per Council established the Task Farce, which year; and, Include: °[11he Neighborhood Council [an ad-hoc Whereas, on June 13, 2017, the City Council group consisting of representatives of in response to HF 134 established In Ordinance neighborhood assaciations] also explored the No. 17-4710 a moratorium on the Issuance of efforts of other college communities to address new rental permits and building permits that the tensions that exist when long -tens residents enlarged rental dwellings in the central area of co -exist with significant, short-term rental Iowa City that automatically will expire on populations. For example, the Neighborhood January 1, 2018 to study how to mitigate the Council collected Information on keg ordinances, Impacts of rental housing and Increases In ouch ordinances, tenant information handbooks, Occupancy levels on neighborhood stability, and efforts to limit over occupancy.'; and, hosing affordability, public and lenent safety, Whereas, seven of the twenty-six recommended Initiatives in the 2002 Task Form who congestion, blight risk to public peace and Report were directed at occupancy which order, conflicts between rental and owner - resulted in the requirement that landlords and occupied hosing, and excessive demands upon tenants acknowledge In writing the maximum public safety, infrastructure and municipal occupancy of the unit (I e., the Informational services; and, Disclosure and Acknowledgment Form) and the Wheress, since passage of Ordinance No. Inclusion of the maximum occupancy on the face 17-4710, the City has studied the relationship of the online rental permit and, between concentrations of rental housing and Whereas, one recommendation In the 2002 neighborhood stability, quality, and livability and Task Farce Report specifically addressed quality how best to address the negative impacts and livabTty of neighborhoods new the University resulting from such concentrations; and, of Iowa: 'Direct City Manager to direct police to Whereas, Section 364.17(l) of the Iowa Code consider Increased patrols of neighborhoods authorizes municipalities with a population of experiencing numerous disorderly house end 15,000 or more to adopt one d five model criminal complaints, including, or example, fact hosing codes by ordinance and Section patmis in near -downtown neighborhoods 364,17(7) praiddes that a municipality's housing between 2-3 am. This proposal would help to code provisions may be more stringent man sop problems before they happen.'; and, thois In the model code that It adopts, and, Whereas, the Southwest District and Centel Whereas, the City of Iowa City adopted the District Plans, adopted in 2002 and 2008, musinm avaliw standards ommulaated 4 the Comprehensive Plan, set forth goals and use inissis[ed housing programs as its that objectives for addressing housing and quality of housing code In 1980 along with more stringent In issues in central city neighborhoods; and, provisions, and its current housing code Whereas, a goal of the Central District Plan is canfinues o be that model along with add'No ial to continue to monitor and enforce the more stringent provisions to protect the welfare Neighborhood Nuisance Ordinance and to identity and enhance the safety of tenants as well as any additional quality of life issues that surface owner-occuoano; and. so that they can he addressed in a timely fashion students needed to secure non -University through targeted code enforcement, mediation, provided housing in August 2017; and, education, or addiUona regulations and,. Whereas, the Pity hes mapped the location of (�) -.,z °y -i 364.17(3) requires a Whereas, in the fall of 2016, the University of a housing code to adoptIowa provided housing for approximately 25% of , sand, the students, which meant approximately 24,000 Supreme Court has at students needed to secure nen-University housing odes relating [off providing housing during the 2016-2017 idNanally among the ore I academic year, and, icipal government Lewis Whereas, the fall 2017 student enrollment at 165 gowa 2012); and, the University of Iowa Is 33,564 (undergraduate, Whereas, over the years, may single-family gmduare, ano prommurnal); aria, fomes in the neighborhoods simmunding the Whereas, although the University of Iowa opened University of Iowa campus have been converted a new dormitory (Catlett Halo in the fall of 2017, tram owner occupied to rental; and, U also leased fewer units an the private market Whereas, a Wait of the literature including the such mat it all] provides only approximately 28% 2012 study conducted by Hoisington Noeglec of the housing for University at Iowa students, Group Inc. for the City of Winona. Minnesota and which means that approximately 24,000 the September 2016 City of North Mankato, students needed to secure non -University Minnesota 'Rental Density Study reveals the provided housing in August 2017; and, following: Whereas, the Pity hes mapped the location of 1. May university towns face the problem of police calls for service for laud parties, noise large numbers of single-famgy housog' complaints, and fireworks tludng the Ume period being converted to rental lousing within from January 1, 2013 Ovough September 9, single-family neighborhoods. 2016 and nuisance complaints submitted 2.Owner occupied homes are generally I through ICGOvExpmm; from April 19, 2013 to better maintained than short term rental March 30, 2017; and homes. Whereas, from this mapping of nuisance and 3. Over concentrations of rental housing have wise complaints, a 'heat map" was created that negative Impacts on surrounding illustrates the relative concentrations of nuisance residential properties and neighborhoods and wise complaints across the City; and, in general, Including noise, increased Whereas, this heat map shows that them is a traffic, litter, illegal parking, Inadequate higher concentration of nuisance and noise residents of the neighborhood. The negative impacts typically fag Into three categories (increased nuisance and property maintenance complaints, Increased City Cade violahoas and police citations, decreased property values) and thus are physical, economic and social, ultimately contributing to decreases In the quality and Uvablldy of neighborhoods. 4. Empirical studies in college towns with pressures created by the student housing market similar to those in Iowa City such as Gainesville, Florida (home of the University of Florida); State College, Pennsylvania (home of Penn State University); College Park Maryland (home of the University of Maryland); Cumberland, Maryland; and Chapel HOI, North Carolina (name of the University of Norm Carolina) , Winona, MN Dome of Minnesota Stale Woons) and North Mankato, MN (near Minnesota Slate Mankato campus) Identity a link hetween me oncentratio of rental housing and Increases in nulsance complaints, code violations and police Whereas,th tram Omer studied these neighborhood seh0lzal Issues; Md. Whereas, the City has established 29 open space districts ('districts') to ensure smaller, specified geographic areas have adequate usable open space, parks, and recreational facilities to serve residents within a neighborhood; and, Whereas, the boundaries of these districts follow logical neighborhood edges, such as busy streets, railway Imes, a river, creeks, and other natural barriers; and, Whereas. it is reasonable to measure other neighborhood boundaries, as further reline based on the more specific goals and objectives regarding neighborhood stabilization sol forth in the Central District Plan fm the area described and delineated as Sub -Area A and to acknowledge the boundaries of the Riverlront Crossings District; all of these elements of the City's Comprehensive Plan being adopted subsequent to the creation of the open space neighborhood quality ane mobility, a Whereas, the neighborhoods commonly concentration of rental housing results in known as °Gooseown°and °Deweyville' have a negative Impacts to the quality anti similar rental pattern, similar em of homes, livability of residential neighborhoods.; similar zoning, and eligibility for the Univerm Md. Neighborhood Partnership program, it is Whereas, to address the increasing rates of reasonable to combine these neighborhoods with conversions of single-family homes fmm owner the Northside Rental Permit District; and occupied to rental In neighborhoods proximate to i Whereas, most of the remaining Hickory Hill college campuses end the negative Impacts Rental Permit District Is park cemetery, Regina resulting from such concentrations of rental Education Center, multi -family development housing, several Minnesota cities have adopted along tat Avenue and small isolated subdivisions rental density ordinances that limit the unconnected to neighborhoods to the west oro percentage of mnlals in prescribed auras; and, the qty High area to the south anti distant ham Whereas, the City d Wwna, Minnesota, fat the University campus, it is not necessary to instance, limits the number of rental properties to Include these areas within the Rental Impact 30% of lots per residenffal block In all residential Area; and, zones but one; and, Whereas, since the single-family Whereas, the Minnesota Court of Appeals neighborhood directly north of Rochester Avenue upheld a challenge brought by landlords to the and west of Regina Education Center is Wwna°30%ride°finding, in part, thatKnona's consistent with the City High Rental Permit ordinance that limited to 30% the number Of fats District oum of Rochester Avenue, It is on a block eligible to obtain a new rental permit reasonable to Include it with that dismal; and, was a proper exercise of a city's police power Whereas, the UniverCily Neighborhood and did not run afoul of the constitutional enets Partnership pmgmnn boundaries include the east I of equal protection and due process. Dean ¢ Gty side of S. Governor Sheet and, of Winona, 843 N.W2d 249 (Minn. GLApp•E014); Whereas, the UnlverCity Neighborhood and, Partnership program boundaries also correspond Whereas, the fag 2016 student enrollment at to a zoning boundary between the RS -5 zoning the Universityuflowawas32,011(undergraduate. graduate, and Professional) with the University Of along both sides of Summit Street to the RS -8 and RNS-12 boundaries to the west In the Iowa providing housing for 7,942 students by Governor/Lum neighborhood; and, _ Whereas, there Is a conservator district that covers both sides of S. Governor Street that is distinct from the Summit Street Historic District; and, Whereas, there have been at least 2 downzonings in this S. Governor Street area to stabilize the neighborhood and to prevent further densification; and, Whereas, based on the UniverCity Neighborhood partnership boundaries, the recent downzonings on S. Govemor Street, and the conservation district boundaries, it Is reasonable to include the east side of S. Governor Street slowing arison of the heal map of complaints and the map concentration of single-family and duplex renal units and the neighborhood district with a widespread concentration of nuisance complaints and tags for service for loud pates, noise complaints, and fireworks; and, Whereas, based on previous neighborhood stabilization efforts pursuant to adopted Basis and objectives of the City's Comprehensive Plan, the IOemture review,, including the empirical) studies in other cites, and the findings of the City's mapping, the City Council concludes that! the concemra on of rental housing in areal Impacted by the housing market created by the I University of Iowa results in Increased levels of nuisance and police complaints; that these violations are indicators of Increased nuisances and decreased property maintenance levels that negatively affect neighborhood quality, livability and stability; and, that therefore, the concentration at rental housing in areas impacted by the University leads to decreased Important tool to control occupancy; and, Whereas, six districts dose to the University with the highest nuisance and noise complaints are also those with the highest percentage of single-family and duplex rental units, with the highest being 76.1% and the lowest being the complaints and thus can be characterized as healthy and sable; and, Whereas, If the six districts with the largest concentration of single-fam8y and duplex rental units are prohibited from increasing the number of rental permits for single-family and duplex units, R is masonable to assume that real estate Investors, current Iowa City rental property that the negative Impacts demonstrated In the districts closest to the University wgl spread to the next ring of districts that are reasonably capable of serving the student rental market ('Impact Area'); and, Whereas, in light of the above findings, the Council determines that there is a Upping point in the Rental Impact Area somewhere between a concentration of 28% at single-family and duplex rental units and a concentration of 54% single- family and duplex rental units where nuisance and noise complaints reach a level that compromises the health and stability of the subject neighborhood dishicts, and accordingly, it is reasonable to place the cap on rental permits In districts to prevent the concentration ofsin to - family rom and duplex rental units fexceeding 30%; and. Whereas, to ensure a minimum amount of the dwelling unit Is being used as common space, to prevent property owners from using dining rooms, living moms, and other area as bedrooms that would lead to overcrowding and little shared living space within the home, and to mitigate the negative impacts of single-family Muses being ever occupied and used as tie facto rooming houses, no more than 35% of the finished floor area of a dwelling should be bedrooms, and a minMum proportional amount of shared Bving space should be provided within each dwelling ung based on the number of bedrooms within the unit; and, Whereas, to discourage existing rental units, Whereas, because single-family houses and duplexes are not designed for high rental occupancy, interconnected smoke alarms should be required for new rental units with four or mare bedrooms and for existing rentals that add bedrooms; and, Whereas, to prevent duplex units from functioning as one large rooming horse, to increase life safety, and to Increase privacy, duplex units should be permanently separated; and, Whereas, as requested by the University of Iowa Student Government, all units should have a deadboh lock for safely purposes; and, Whereas, because the number of unrelated persons living in single-family homes will likely Increase with no limit on the number of occupants based on familial relationship and because single-family houses and duplexes are not designed for high metal occupancy, owner occupied properties with more than one renter should be required to have a rental permit to improve safety and to ensure housing code requirements are met In higher occupancy rental properUes; and, Whereas, to address property owners and tenants who repeatedly fail to abide by the City's nuisance code, noise -related code provisions, and other provisions that impact the safely, peacefulness, public order, and stability of neighborhoods, the rental permit sanction previsions should be strengthened; and, Whereas, to ensure open space for the use and enjoyment of tenants, new paving of backyards in single-family and duplex rentals should be limited to the rear twenty (20) feet; and, Whereas, it is in the City's best Interest to adopt this ordinance. Now,, therefore, be U ordained by the City Council of the City of Iowa City, Iowa: Section I Amendments 1. TUe 17, coital 'Building and Housing; Chapter 5, entitled 'Housing Code,' Section 3, emibed,'Definitions,' is amended by deleting the definition of'f v icy' and adding new definitions of 'accessory dwelling unit,°'bedroom/sleeping SHARED LIVING SPACE: Any habitable room or group of adjoining habitable moms, not Including bedrooms, located within a Household Living Use, as defined in Title 14 of this Code. 2. Title 17, entitled 'Building and Housing; Chapter 5, entitled 'Housing Code,' Section 3, entltied,'Defnitions; is mended by deleting the defntom of 'habitable room; 'rental permit,' 'moaner; 'rooming house; 'rooming unit' and 'to let' and substituting In lieu thereof the following definitions: HABITABLE ROOM: A room or enclosed ficor space within a dwelling having a minimum of seventy (70) square feel of total floor area with not less than seven feet P1 in any horizontal dimension, used or Intended to be used for living, seeping, coolong or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, diets, storage spaces, stairways and recreation roams In basements (see defnition of Recreation Room In Basement). Notwithstanding the foregoing, bedrooms must meet the dimensional requirements as set forth in sections 17-5-17 and 17-5-18 of this Cade. llr�, AIT: A document, Issued grants the owner or operator Ig a dwelling, dwelling unit, pe 18 dwelling unit for rental [ng that the dwelling, dwelling or Tvoe III dwelling unit for morning units or type It dwelling units, in which space is let by the owner or operator to four (4) or more roomers. Occupants of units specifically designated as type til dwelling units within a rooming house shag be Included in the roomer count. Any dwelling with a combination of dwelling units, rooming units, and Type til dwelling units is considered a nonconforming rooming house. A morning house is classified as an Independent Group Living Use in Title 14 of this Code. ROOMING UMI. Any habitable room or group of adjoining habitable rooms located within a Group Living Use, as defined in Title 14 of this Code, and turning a single private unit with facilities which are used or Intended to be used by a roomer or roomers for living and sleeping, but not cocking. TO LET: The granting, either in writing or orally, by the owner or operator to another the right to possess a dwelling, a dwelling wit, a rooming unit, or a Type IT dwelling unit 3. Title 17, entitled 'Building and Housing; Chapter 5, added 'Housing Code; Secdon 16, allied,'Ceruficate of Strchore Compliance and Rental Permit' is amended by deleting Subsection Ain its entirety and substituting in lieu thereof the A. Certificate And Permit Required For Rental Pmpertyat shall be a violation of this code for any person to let to another any dwelling, dwelling unit, duplex, multipledwePng, rooming unit. Type it dwelling unit, or rooming house, except the owner occupant who lets to no more than one tenant, unless: 1.The owner or operator holds a valid certificate of structure compliance, issued by the City, applicable to those factors of the specific structure used for residential rental purposes. 2. The owner or operator holds a valid rental permit, Issued by the City in the name of the owner oroperatoq applicable to those portions of the specific structure used for residential rental purposes. The one tenant exception provided herein Is limited to one tenant per dwelling unit regardless of the number of owner occupants. By way of and Housing,' Gorgon 16, Dmolience and Expiration Of Permit; Extension: Rental permits shall be valid through the expiration date contained thereon. However, extensions shag be granted to cover any time period between the sated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a maintenance Inspection, provided a rental application Is on file with fees paid, up to a maximum of 12 months. iubsection C, paragraphs 5c and 8d: 5c. Effective July 1, 2018, the twelve month oedod of hoe in Subsection 1 6. itle 17, entitled 'Building and Housing' Chapter 5, enBAed'Housing Code; Section 16, entitled,'CerUflcate of Structure Compliance and Rental Permit' Is amended adding the following new Subsection C, paragraph 13: 13. The City may issue a temporary rental permlt for a maximum of twenty-four (24) months'd the owner is an individual: (a) (1) who has been occupying the dwelling; (2) who intends N return to the dwelling; and (3) whose absence Is due to a sabbatical, an extended vacation, spending winter months in a warmer climate, military occupies or intends to occupy the dwel 7. Title 17, entitled "Building and Housi ipter 5, emitted 'Housing Cade," Section 1. Definitions: Rental Impact Area means the geographic area delineated as such an the Rental Impact Area Map In Figure 17-1. Rental Permit District means the geographic districts labelled and delineated on the Rental Impact Area Map in Figure 17.1. 2. Within the Rental Impact Area, the City shall not issue a rental permit for any single-family dwelling or duplex in a Rental Permit District where the percentage of single-family dwellings and duplex units that have rental permits exceeds 30% of the total number of single-family and duplex units within said rental permit district, except as provided herein. This limit shall he known as the rental permit cap. 3. Exceptions to the rental permit cap: a. Dwelling with a rental permit on the effective date at this section. b. Dwelling with a rental permit that expired after December 13, 2015 if a renewed rental permit is Issued before July 1, 2018. c.Existng legally nonconforming single- family dwellings and duplex units located within a zoning district where single- fae0y dwellings and duplex units ere not an allowed use. d. Accessory dwelling units. e. Omer -occupied duplexes, where the owner occupies one unit and leases out and breakfast homeslays i.A new single-family dwelling or duplex It a building permit was Issued before June 13, 2017. ].An existing single-family dwelling or duplex 9 a building permit was Issued after December 13, 2015 and before.hme 13,2017. 4. Notwithstanding any other provision of this chapter, the Board of Appeals does not have the authority to grant an exception, variance, or any other relief to the rental ppermit cap. 8. Title 17, mid,d 'Building and Hawing; Chapter 5, entitled 'Housing Code,' Section 17, entitled, 'Minimum Structure Standards for M Dwellings.' is amended by deleting Subsection K, paragraphs 1 and 2, and substituting in lieu thereof the following Subsection K paragraph 1 (no paragraph 2): K Minimum Space, Use And Location 1. Flair Area Per Occupant a Every dwelling unit shall contain at least one hundred twenty (120) square feet of habitable floor space for the fust occupant thereof and at least one hundred (100) additional square feet of habitable floor space for every additional occupant thereof. b. The Beer area of that part of a room where the ceiling height Is less than five feet (51 shall not be considered when competing the total Boor area of the room. 9. Title 17, entitled 'Building and Housing; Chapter 5, entitled 'Housing Code; Section 18, entitled, 'Minimum Structure Standards for All Rental Housing; is amended by renumbering Subsection D as paragraph 1 and adding the following new Subsection D, paragraph 2: D2. Newly constructed dwellings with four (4) or more bedrooms shall have Interconnected smoke alarms (hardwired or wireless). Existing dwellings that add one (1) or more bedrooms shall have Interconnected smoke alarms (hardwired or wireless). 10. This 17, entitled 'Building and Housing,' Chapter 5, en6tled'Housing Cade,' Section 18, entitled, 'Minimum Structure Standards for Ag Rental Housing,' is amended by adding the following new Subsections I M. N. 0, P, 0 and R L Bedrooms cannot exceed 35 percent(35%) of the finished floor area of a single-family dwelling or duplex unit, not Including floor area at a recreation roam In the basement. This dimensional requirement is subject to administrative review. M. Bedrooms shall have a minimum of one hundred (100) square feet of total floor area The Boor area of that bedroom where the ceiling height Is less than five feet (S) shag not be considered when computing the total floor area of the bedroom. These dimensional requirements are subject to administrative review. Any lawful bedreom/sleepng room greater than or equal to seventy (70) square feet in existence prior to January 1, 2018 may continue to be used as a bedroom/ sleeping room. However, B and when It is brought Into compliance with the current minimum dimensional requirements, it may not be converted back to a substandard size. N. Within Household living Uses, as defined In Titie 14 of this Code, a minimum of 100 square feet of shared living space shall be provided for every bedroom within the dwelling unit By way of Illustration, for a two-bedroom single-family dwelling, there must be at least 200 square feet of shared Irving space within the dwelling. Any lavhul dwelling unit in existence prior to January 1, 2018 that is not in compliance with this provision may continue es currently configured. However, ff and when the shared living space is brought into compliance with the current minimum dimensional requirement,, it may not be converted back to a substandard size. Any change that would increase the noncompliance with this provider is not allowed. This dimensional requirement is subject to administrative review. 0. The two (2) dwelling units of a duplex most be physically and permanently separated, and the separation must be continually maintained. By way of Illustrator, a duplex shall not have a door that opens fere one duplex unit directly Into the other duplex unl. P. Every dwelling unit and rooming unit shall have a deadholt lock that can be operated hem Inside and locked from the outside. "Deadbolt' means a lacking mechanism where the bolt cannot be moved to an open position except by notating the locked cylinder. lea. 9 Wt'i O. After November 21, 2017, an improved surface Shag not he constructed, installed, or established on the rear yam of a single- family dwelling or a duplex, except within the first 20 feet of lot depth as measured from the rear lot line and setback at least 5 feet from abutting properties. The remainder of the rear yam shall remain landscaped open space, free of Impervious surface. This provision shag not apply to allowed accessory structures. Rear yard shall have the meaning as defined in Tale 14 of this Code. Improved surface means asphaltic cement concrete, Portland cement concrete, manufactured paving materials (such as brick), or similar ham surface. R. In an administrative review, the Director or designee may grant a minor adjustment to the dimensional requirement If in conformance with the purposes of this chapter. Mirror adjustments shag be noted In the property file maintained by the Neighborhood and Development Services Department Section R. Repealer. AN ordinances and parts of ordinances in conflict with the prevision of this Ordinance are hereby repealed. Section 111. Severability. If any section, provision or part of the Ordinance shag be adjudged to be invalid at unconstitutional, such adju licaton shall not affect the validity at the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsOhrBonal. Section N Effective Date. This Ordinance shall be effective January 1, 2018, Passed and approved this 19th day of December, 2017. Warms A. Throgmorton, Mayor Attest s/Kegie K Freehling, City Clerk fyv. R-1. Fwd b V t14r e+V r� 6Mu J i s a.. IX • r sem_