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HomeMy WebLinkAboutOrdinancestawisulAr er° wr 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, Ashley Platz, 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. 21-4842 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of January 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 28, 2021. Dated at Iowa City, Iowa, this l7t" day of February, 2021. Ashley Platz Deputy City Cle k 0RD z\ -y6142 2C2 -cm -ea Htniviz N. CA nItn S% CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 I013Z PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004564354 1/28/21 01/28/2021 $72.79 Copy of Advertisement Exhibit "A" MIA Subscrib4d end sworn to before me by said affiant this 28 day of January, 2021 Commission expires NANCY HEYRMAN Notary Public State of Wisconsin SeniorePlanner, 41Anne Russell, Street, lowo City IA 52240; (REZ20-00091 Ordinance No. 21-4842 Ordinance property tnlctat 410-412 NorthClio Street from High Density Multi -Family Residentiol (RM -44) to RM -44 ;pith a Historic District Overlay (RM -44 / OHO). (REZ20-0009) Whereas, the applicant, Jeff Clark, has requested a rezoning of Clinton Street High Density Multi -Family Residential (RM -44) to High Density Multi -Family Residential with a Historic District Overlay (RM -44 / OHD); and Whereas, this structure was 5originally constructed in 1865 and is associate lginassociatedfaClwith several prominent figuresfrom Iowa City's history; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the neighborhoods surrounding the University of Iowa campus; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan colts for identification of resources h significant henifi obiective woof City's esignating Individual buildings as landmarks; and Whereas, the Historic Preservation Commission hos reviewed the Proposed Historic Landmark designation, has found That it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark desigation rezoning, has found that it meets the Comprehensive Plan goats of providing incentives to maintain and improve alder housing stack, especially near the University Campus and identifying historic resources that are not currently Protected by landmark designation; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified to Histcis(oriiDtrcOMulti-Family OHD/ RM -44) zone: Iowa City Original Town, North Half of Lois 5 and sin Block 75 Section II. Zoning Mop. The Building Inspector is hereby authorized and directed to change the zoning TOP 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 is hereby 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 odnancesand �ithiIn conflict wh te provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adiudged to be invalid or unconstitutional, such adiudication shall not Of feet the validity of the Ordinance os a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. Section VI. Effective Dote. This Ordinance shall be in effect after its final passage, approval and publication, os provided by law. Passed and approved this 19th cloy of January, 2021. s/Bruce Teague, Mayor Attesi:s/Kellie Freehling, CitY Clerk Submitted to publish on 01/28/21 (�� la -ea STATE OF IOWA SS JOHNSON COUNTY i r 1 —� 11,1 OS 1231 i &far CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4843 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of January 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 28, 2021. Dated at Iowa City, Iowa, this 17th day of February, 2021. te Ashley Plat Deputy City Clerk Re -2-0 n'„CUILI a 112 E. fJnMuflea<A' uoo N.G;,-,-c' CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 pea. 1_e-6 A PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavitsl 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 tha 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: 0004570309 1/28/21 01/28/2021 $49.12 Copy of Advertisement Exhibit "A" SubscribedAnd sworn to before me by said affiant this 28 day of January, 2021 (579.623 Commission expires NANCY FfEYRMAN Notary Public State of Wisconsin SUMMARY OF ENACTED IOWA — CITY MUNICIPAL ORDINANCE NO. 21-4843 Pursuant to Chapter 380 of the Code of Iowa, notice Is hereby given of the final passage1 Ordinance No. 21-4893 by the City Council of the City of Iowa City, Iowa on January 6, 2021. A summary of the ordinance Is as follows: 1. The title of the ordinance is, "AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.000 LOCATED AT 400 N FCLINTON STREET AND 11 E. DAVENPORT STREET TO PLANNED HIGH DENSITY ZONE (REZ20-0008)." 2. The ordinance approves the rezoning of property located of 400 N. Clinton Street and 112 E. Davenport Street from High Density Multi -Family Residential (RM -44) zone to Planned High Density Multi -Family pResidenhal (PRM) Z 0 M0 )square feel. approximately rezoning includes conditions which are set forth In a Conditional Zoning Agreement that is attached to and incorporated into the ordinance. The legal description is as follows: The east 50 feet of the south half of Lot 6, In Black 75, in Iowa City, Iowa, according to the recorded plat thereof; sublect to easements and restrictions of record' and The south half of Lots 5 and 6 in Block 75 In Iowa City, Iowa according to the plat thereof recorded In Book 1, Page 116, Plat Records of Johnson County, Iowa, except the east 50 feet of the south halt of said Lot 6, sublect to easements and reslrlctton5 of record. 3. AINFO. RE WHERE OIINSPIECTED] The, entire ordinance is now on file in the office of the City Clerk, 410 East Washington 51, In the City Hall in Iowa City, Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk at 319-356-5043 or entailing kel l ie -f ruehl i ngGiowa-ctty.org. The ordinance and attachments can also be found on-line at www.lcgov.org. If YOU need assistance in locating the ordinance and attachments on line contact the City Clerk's office at 319-356-5043 4. The ordinance becomes effective on }January 28, 2021]. Kellie K. Fruehling, City Clerk Submitted for publication on (01)28120211. STATE OF IOWA )SS JOHNSON COUNTY � r itti CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4844 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of January 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 28, 2021. Dated at Iowa City, Iowa, this 17th day of February, 2021. shley Platz Deputy City Clerk 1 ORO "LI- LASLkul TA.kt \ Loy -Ci . Prvnc_m d Q xn- pre -sty -on • CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia 1 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004564377 1/28/21 01/28/2021 $237.50 Copy of Advertisement Exhibit "A" Subscrib d sworn to before me by said affiant this 28 day of January, 2021 Public 515.6” Commission expires C NANCY HEYRMAN Notary Public State of Wisconsin Prepared by: Kirk Lehmann, Associate Planner, 410 E Washington 5t lowo City, IA 52240 (RBI Z20-0006) Ordinance NO. 21-4844 Ordinance to amend Title 14 Zoning t0 allow minor adiustments in Planned High Density Multi -Family Residential (PRM) zones far new construction projects which Involve preserving a separate historic structure (REZ20.0005) Whereas, it is in the public Interest to designate historic properties as Iowa City historic landmarks, such as the property at 410-412 N. Clinton Street; and Whereon, Planned High Density Multi -Family Residential (PRM) zone p ovides bonus provisions to encourage high quality redeye opment and properties zoned PRM may be located near proper ies that are potentially eligible f0 be designated a5 a local historic landmark; and Whereas, to incentivize historic preservation, it is reasonable to provide relief from certain provisions of the zoning code for the redevelopment of property abutting 0 historic property so long as the abuttinghistoric locale historiconcurrently pursuant to the Iowa City Zoning Code; and i Whereas, It isimensional reasonable toantl grant relief from dsite development standards through an administrative minor adjustment Subject l0 criteria that ensure that the goals at the Comprehensive Plan, District Plans, and Historic Preservation Plan are met; and Whereas, the City's comprehensive plan encourages infill development where services and infrastructure are already in PIOce, supports me Historj Pre meet its Commission's efforts t0 meet 990015, and provides far housing rehabilitation programs and reinvestment in housing in existing neighborhoods; and Whereas, efficiency and one -bedroom units in PRM zones require only435 square feet of lot area per unit minimum which j5 denser !hon provided For in the bonus options; Whereas, the Planning and Zoning Commission has reviewed the zoning code amendment set forth below and recommends approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iow0 is hereby amended by adding the following underlined language: A. Amend 14.2B-2 as follows: PRM ZONE BONUS AND MINOR ADJUSTMENT PROVISIONS: A.Purpose: The PRM zone bonus r provisions meprovide ts vitl to incentive incorporate featuresfeatures that provide a public , benefit and encourage excellence in architectural design. The PRM zone minor adjustment provisions allow flexibility t0 0 project In a PRM zone which involves new construction in conjunction with the preservation of adjacent • B.Application: The bonus and minor adlustment provisions will be administered through the design review process as set forth in chapter 8, article B Administrative APprOvol Procedures" Of this title. Decisions of the Design Review Committee may be appealed to the Board of Adjustment. A prolect may use either the provisions In C. "Bonus Provisions" or the provisions in D. "Minor Adiustments" below, but not both. 1. Bonuses Provisions Include excessncf of dwelling an115 IO excess of the density otherwise achievable: under the provisions of the base zone, additional building bulk, and/or reductions of the setback setback area. Bonuses are based on 0 point system. Points may be awarded for public benefit features that the design review committee determines are appropriate In design and local on. Bonuses will not be granted for site development features or standards already required by his title. --- c-be odWstmeM- Thenumberof po nts allowed for public benefit features and the number of points required er bonus item are set forth in C. 'Bonus Provisions" below.: 2.Minar adiustments to dimensi0nal and site development standards may be allowed for a newly constructed building where the prolect also preserves a historic property as set forth in D. Minor Adjustments" below. C.Bonus Provisions: Development that includes the followingpublic benefit features may qualify for the bonuses listed In the Bonus Menu below. 1.Public Benefit Features: a.Materials: Masonry finish on all nonfenestrated areas of walls visible from a public street. For purposes of this provision masonry" is defined as fired brick, stone ar similar such materials, not Including concrete blocks and undressed poured concrete. Masonry" may include stucco or like material when used in combination with other masonry fInIsh. Points allowed: 5 b.Open Space: The provision of usable open space of a size and of a grade that, at a minimum, allows passive recreational uses and 15 accessible to all residential occupants of the building. Such space may include yards, other than required setback areas, terraces and rooftop gardens designed and approved for outdoor activities. Balconies serving individual dwelling units are not eligible for this bonus. Points allowed: 1 per 450 square feet c.Hlstorlc Buildings: Rehabilitation of a historically significant building as determined by the survey of the historic and architectural resources for the vicinity. Points allowed: 7 d.Assisted Housing: Dwelling unit committed to the city's assisted h0using program Or Some Othe affordable housing program approved by the city, provided such units do not exceed thirty percent (30%) of the total unit contained within a building. Paint allowed: 3 per unit e.Streelscape Amenities: The provision of funds for all stree furniture, lighting and landscaping irnprOvements along adiacen street rights of way in accordance with an approved city streetscape plan. Points allowed: 5 (.Landscaping: The provision o additional landscaped areas tha are visible from a public street Required setback areas and required landscape buffers do no qualify for bonus points. Point allowed: 1 per 250 square feet g.Windows: Installing individua window units that hove a hejgh that is of least ane and one -hal (1.5) times greater than the width 01 the window unit jn OII primary living spaces, such as living rooms, dining rooms and bedrooms. Individual window units may be located side by side in a wider window opening. Skylights windows In bathrooms and kitchens, and decorative windows, Such as stained glassand ocular windows, are nat required to meet this standard for the building t0 Qualify for bonus points. Points allowed: 3 2.Bonus Menu: a.Setbock Reduction: The front etback may be reduced by a maximum of fifty percent (50%). When determining the appropriateness Of such a eduction, the character of adjacent development and setbacks will be considered. Points equired: 7 b.Height Increase: The maximum allowed building height may be ncreased from thirty five feet (35') up to a maximum of sixty five feel (65'), provided the portion of building exceeding thirty five feet (35') is stepped back a minimum of jive feet (5') eeOfetto story above ee(35') to h appearance of the bulk of the building. Points required: 7 c.Density Bonus: enisr-ine (1 -)For cff _ ee-opont•na rem• t4 (5y"O} - -dretl -te square 0..1. Poi: •- reautred--r t.T _ _ _ _ ____ ___ ed (3)ray-r ease -feet Petntrnets. the (3)For efficiency apartments, the minimum Int area per unit may be reduced to four hundred twenty (420) square feet. Points required: 12 )rthale-L..Jf.vbt ..wrt, ..nt../7 mu? L....J..ccd to fanr-hundred ftS .OJircd599 __ ___ •_� d.Building Coverage Increase: The maximum building coverage percent (increased 5% )e Paints required:i�e D. Minor Adiustments: 1.Minor Adjustments: Through a Level I Design Review, the Design Review Committee may approve a minor adjustment from any standard found in 14.28-4 Dimensional Requirements", 14-213-6Multi-Family Site Development Standards," or 14-5 • Site Development Standards", except for those in 14-51 "Sensitive Lands and Features" and 14-5J "Floodplain Management Standards". Historic properties may have standards waived through the 14 -2B -BA "Historic Preservati0n Exceptions" process. 2.Applicability: The minor adjustment provides flexibility for new construction projects which hnv0lve preservation of a separate istoric structure provided the following circumstances are met: a.The property for which a minor adlustment I5 requested abuts a yneatihaeligible O bedsigneds an lawn C ty Historic Landmark (herein "historic property"); b.The historic property is not designated as an lowo City Historic Landmark prior to receipt of on application for a minor adjustment; and c. he Owners of all Impacted Property, including the historic property, shall provide a written acknowledgement n a form acceptable to the City of Iowa City, stating that any required plans submitted are done s0 with their free consent and are In accordance with their desires. 3. Approval Criteria: The request for a minor adjustment shall meet the following approval criteria t0 the satisfaction of the Design Review Committee: a.Documentation Ihot the historic property is pursuing designation a5 an IOWA City Historic Landmark in coniuncfian with the minor adjustment. The City shall not Issue a building permit for the project seeking the minor adiusiment until the City Council has approved the lowo City Historic Landmark designation of the historic property; b.Submittal of a rehabilitation plan approved by the Historic Preservation Commission that details how the prolect preserves the abutting historic property and a timeline for completion. Rehabilitation shall be completed prior to the Issuance of a certificate of occupancy for the new construction prolect; c.If the prolect Involves demolition of an existing buildings, submittal of a demolition waste landfill diversion plan as required by the Design Review Committee; d.The proposed building height shall not exceed five (5) stories and sixty feet (60'), and its design shall be sensitive to preserving the historic property and shall fit the characteristics of the site and the existing neighborhood context; e.The proiect shall not detract from or be inluriaus to other property or tmprOvements In the vicinity; and (.The requested adlustment shall be consistent with the goals Of the Comprehensive Plan, District Plans, and Historic Preservation Plan, as applicable. B. Amend 14-28-4 as follows: Dimensional Requirements: The dimensional requirements for the multi -family residential zones ore stated in table 26.2. located at the end of this section. Each of the following subsections describes in more detail the regulations for each of the dimensional requirements listed in the table. Provisional uses and uses allowed by special exception may have specific dimensional requirements not specified In table 28-2 located at the end of this section. Approval criteria for these uses are addressed in chapter 4, article B of this title. Dimensional requirements may be waived Or modified for developments approved through the planned development process (see chapter 3, article A, "Planned Development Overlay Zone (OPD)". of this title) or through minor adjustments in PRM Zones as outlined in section 14-28-7. "PRM Zone Bonus and Minor Adjustment Provisions" or historic preservation exception as outlinesn section 14-28-8, 'Special Provisions", of this article. C. Amend 14-28-6 a5 follows: K. Exceptions and Minor Adiustments: A special exception 10 waive Or modify specific provisions of this section may be requested through the historic reservation exception Os outlined In section 14-28-8, "Special Provisions', of this article. A minor adjustment to modify specific provisions of this section may be requested as specified in Minor Adjustments in PRM Zones" as found in section 14-2B-7, "PRM Zone Bonus and Minor Adiustment Provisions". Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance ore hereby repealed. Section III. Severability. If any section. provision or part of the Ordinance shall be adludged to be invalid or unconstitutional. such adjudication shall not affect the timidity of the Ordinance as a whole or any section, provision or Part thereof not adlutlged invalid or unconstitutional. Section IV. Effective Date. This Ordj'nance shall be in effect after its final passage. approval and publication. Passed and approved this 19th day of January, 2021. s/Bruce Teague, Mayor Atfest:s/Kellie Fruehling, City Clerk Submitted to publish on 01/28/21 P _' y1a®1�� 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, Ashley Platz, 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. 21-4845 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of January 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 28, 2021. Dated at Iowa City, Iowa, this 17th day of February, 2021. SyPIatz De utYYk ORO 7 L-1bu5 or S1ncwto-e. CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 C'c Io. 3 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004564478 1/28/21 01/28/2021 $116.54 Copy of Advertisement Exhibit "A" Subscribe and sworn to before me by said affiant this 28 day of January. 2021 Lz Public 5/55 Commission expires NANCY HEYRMAN Notary Public State of Wisconsin Prevored by: Kristin Welton, Human Rights Investigator, 410 E. Woshinuton 5t.. limo City. IA 57240 (3191 356-5015 ORDINANCE N0.31.445 COrdinance V Cala. epiltledna itlC Ofthe k 9ms, o won 0 mind: at service oII ncd. Whereas. 9Title 2 presently certified moll In several vid hhereas, due to odvonCes in techoolOgy service via email i5 secure and practical: and p Impliedlyh Pgrumina oryexpileiltY allowed; and Whereas I Is In the best interest of the C=ity to amend Title 2 10 a 5 with currant techn0109kal abilities and work cnvlronmcros, Nov, therefore, be it ordained by the Io Ciyty y, Co/oti Of IMC CiIY 0! Section I. Ame dment5. 1.I hliitle 22j�ooletitled ""Hayman "Enforcement" Sectlein 4.2 elmdl tlnve5b9ali0n p1 ale Complaints- Predelerminolion Settlement" na ebyy amended DySubsection 1110 fallowing underlined text: A. UnOn the filing of a verified complaint. the human 1101115 coordinator shall serve nONce 0 e rospan ont. Noftw shell the beth a copy of the eemelaint and a statement of the resoaent'S procedural riots and obi°talons !mace the Jew or or 1nonCc. Serviceshall lea of etted by cerfilkm moil, email, or .personal service ailhin twenty (201 dors of filing for CanOPlOi015 in the 0re05 of emPl°yment. public accommodation, credit education, d within pavan 1/; days. of filing. for complains alleging discrimination in the Orea of housing. 2. Tilly 2 titled "Hinson Ri his," Cna�ler 4._ entitled, Enforcement Section 2-4-2 entitled I'Inve9hgation a1 CO plalnlS: Pres termtnallon hM55ooaesitaman1." SUWybevvetelon C.. 15 fallowing underlined y adding the C. After reviewing moteriols responsive to the ucsbrnnairotdoc9ument rcqurt lith determi e° 611011sher the complain! warrants further Invesra°gan. If the human rights office Inni�/s there in babtlee Rccause d[ig �galnnolionn or of a the 1e9°I iswes ere enc in the cOmPI0m1 need further development. the calico sepayment, resumeh pn!1O°mpGnlecomlaiindterminedbyh human rights office n01 50 warrant further !woCe55ing by the human rights 91/kg Nwli bac! etosod. Nati¢ such closure stall be promptly served upon the comnloinanl and the respondent by certified mull, is crltttivo ° uulonervmcp(Ilno Service emoilin9. Such notice shall slate the reasons for adminlslrotive Closure. 3. Tillc 2, earthed "Hyman 'Ehforcemenit llica whiled, entitled -Investigation 01 Complaints: gmdgtarminat' herenby�CmmMcndrd s t ddt a" �s fallowing underlined text: sa lslop(cicrrIly°i°Efuo5e raen thy settlement M aeeeelablan as the bunion eighth Ceardi0010r but not the complainant. HOMO of intendre Mote tho ed Closure be rarvcd by cerlige mad, mall, or personal mPOem n ncIi000l.Thepl°inbt shall to allanap thirty 1301 dors to respond In writing to Cho Kumon rights coordinofor either staftaa lint reesom why the offer is unacceptable Cr accepting the. o((er. Tisa Minion rights cOor I(aier will revive and consider Iha repponso before making a Closure decision. 4. Title 2, entitled "Human tnes," Chapter 4, emitted,lorcemenlt' Stan 2-4-2, entitled, Procne Ings an COmp1Otnis; Probable Cause_," Subsection B., le hereby amended by oddlno the following underli000 tete; B. If the human riahls office finds that no oroboble cause exists. the human rloht5 OIIICO stall lista 0 mitten finning dismissing the complaint and nolilyirg IIe parties of the Complainant's right 10 appeal Ine finding. Nolle° d the no probable cause determination shall be promptly moilod to the complainaandnt ato the respo dent .fedi_ ._._.. _. moiling ..__ e iIn9. T upon mbieng or emeimiprqot}ion n0 mapry els louse seasonally servOd.. also be 5. Title 2 entitled "human Rights," Chaplet A. milled. en ideaa, "Flndjnesx and Order," SSubscction fl., is hereby amended by adding the loaawio0 underlined tent: cmtsig x ow. taking Into dcration all of the cvlacnce at Inearing. the commission bods hot a respondenthas not engaged in pnY Such di5CriminaICry 0r veldt- practice. tie commission shall Issue an order denying reitef and doting the Findings of fact and conclusions of the commission, WO shall cause a COPY 0 the Order OIsmIssin0 209 tomato nt to b0 served by cerlldoa mall, cmo 1. or personalrvtm on the complainant and the re-Wndent. Section II. Repealer, ardinonces In conflict portstthe orOvitian of this Ordinance are hereby repealed. Section ScrcrobilIty.'1 any s tion, prava siom or port al the Ordinance shall be adiudged 10 b0 loyally or unConstiluttonool. such • Iyd$collon 0011 na1 °floc' 1110 valid' v of the Ordinance as a wh01e or any section. provision or port O thlere f no11 odit<sed Involtd Dole. Thisso Section shall be in effect after iii 1i001 pos505e. Dffelavld y OI by PUbIiOOtion, as Passed and approved this 19th day of January. 1021. saruce Teague. Movor CACrctefl:sKellle Fruelrlino. City Submitted to publish on 011W11 P� 3 rb 3 I 1 ,wr®pmt 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, Ashley Platz, 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. 21-4846 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of January 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 28, 2021. Dated at Iowa City, Iowa, this 17th day of February, 2021. Ashley Platz Deputy City Cle OR° 2\''-1'b4 Ren.mr.e. Ibi5f,ttt111S, is Lotleje.St CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia e 1% Z PRESS -CITIZEN MEDIA PARTOFTHE USA TODAY NETWORK This is not an invoice # of Affidavitsl 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 tha 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: 0004564408 1/28/21 01/28/2021 $80.00 Copy of Advertisement Exhibit "A" Subscribed an sworn to before me by said affiant this 28 day of January, 2021 blic 575n3 Commission expires NANCY HEYRMAN Notary Public State of Wisconsin Prepared by: Anne Russett, Senior Planner, 410 E. Washington Stet, Iowa City, IA 52240; 2) Ordinance No. 21-4846 Ordinance rezoning approximately 0.55 acres of property from Central Business (CB -10) zone to CB -10 with a Historic District Overlay (CB-10/OHD) for prop17, erty 121E College S09, treet (REZ20-02) whereas the applicant, Tailwinds College St. IC. LLC. has requested a rezoning 117. and t 121�Eaestt College i Street from Centro) Business (CB -10) to CB -10 with a Historic District Overlay (CB-10OHD); and Whereas, the Comprehensive Plan encourages the preservation of historic buildings; and Whereas, Goal 1 Of the Historic Preservation component of the Comprehensive Plan calls for Identif Kation of resources significant to Iowa City's past with the objective of designating Individual buildings as landmarks; and Whereas, Goal 10 of the Historic Preservation component of the Comprehensive Plan calls for the adoption of strategies to Preserve historic neighborhoods; and Whereas, the Historic Preservation Commission hos reviewed the proposed Historic Landmark Designation and hos found that it meets the criteria for landmark designation in that it is significant 10 American and/or Iowa City's history, architecture, archeology and/or culture; possesses integrity of location, design, setting, materials, and workmanship; associated with events that hove made significant contribution to the broad embodies erns shear history; distinctive characteristics of a type period. or method of construction; or represents the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of the Historic Landmark designation rezoning and has found that It is consistent with the Comprehensive Plan goals of preserving historic resources; and Now, therefore. be If ordained by the City Council of the City of Iowa City, town: Section I Approval. Property described below is hereby reclassified from its current zoning designation of Central Business (CB -10) to CB -10 with a Historic District Overlay (CB-10/OHD) Lots 2 and 3, Block 82, Original Town of Iowa City, lowo, Johnson County, Iowa. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City tI Iowa City, Iowa. to conform to his amendment upon the final passage. approval and publication of this ordinance by low. Section III. Certification and Recording. Upon Ordinance. the City nl of Clerk the hereby authorized and directed to Certify a Copy of this ordinance officetoofr record Countysome, erders 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 hrovisions of this Ordinance are ereby repealed. Section V. Severability. If any section. provision or part of the Ordinance shall be odiutl ed ID be invalid or unconstitutional, such adjudicotion shall not affect the validity of the Ordinance as o whole or any section, Provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Dote. This Ordinance shall be In effect after its final passage, approval and publication, as provided by low. Passed and approved this 19th day of January, 2021. s/Bruce Teague. Mayor Attest:s/Kellie Fruehling, City Clerk Submitted to publish on 01/28/21 I r 1 #! _mapZia ,it CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA )SS JOHNSON COUNTY I, Ashley Platz, 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. 21-4847 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of February 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 11, 2021. Dated at Iowa City, Iowa, this 24th day of February, 2021. shley Platz Deputy City Clerk CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 State of Wisconsin County of Brown, ss.: oggO 2t-4$41 100, MO, lAt7, 130—_ b 5, Oul ucbV-C S(f� / b 1_c. etre- Skr edia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) AFFIDAVIT OF PUBLICATION 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 tha 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: 0004588729 2/11/21 02/11/2021 $64.04 Copy of Advertisement Exhibit"A" Subscribed and s .rn to before me by said affiant this 11 day of February, 2021 51,5.a Commission expires NANCY HEYRMAN Notary Public State of Wisconsin SUMMARY OF ENACTED IOWA CITY MUNICIPAL ORDINANCE NO. 21-4847 Pursuant 10 Chapter 380 of the Code of Iowa, notice is hereby given of the final passage of Ordinance No. 21-4847 by the City Council of the City of Iowa City, Iowa on February 2, 2021. A summary of the ordinance is as follows: 1. The title of thedinance is "AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.9 ACRES OF LAND LOCATED AT 700 710, 720, 730 5 DUBUQUE STREET 8. 220 LAFAYETTE STREET FROM 2• MUNITCONTENSIVE(C AND INTENSIVE COMMERCIAL (CI -1) TO RIVERFRONT CROSSING CENTRAL CROSSINGS (RFC.CX) ZONE.(REZ20-0011)" 2. The ordinance approves the rezoning of approximately 1.9 acres of land located al 700 710 Lafayette Street fromSCommunity Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossing Central Crossings (RFC.CX) zone. The rezoning includes conditions which ore set forth In o Conditional Zoning Agreement that Is attached to and incorporated Into the ordinance. The legal description Is as follows: ANPORTION ALILOOF OF 5. 6, 1i AN06 8 ALL IN BLOCK 18 COUNTY SEAT ADDITION TO IOWA CITY IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 1 8. 2, PAGE 253 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 18 OF THE COUNTY SEAT ADDITION TO IOWA CITY, IOWA; THENCE N 0115'47" W ALONG THE EAST RIGHT p OF STREET, 200.97 FFEET: THENCE N 00°47.29" W, ALONG SAID EAST RIGHT OF WAY LINE 118.70 FEET, TO THE NORTIH LINE OF LOT 8; THENCE N 89°22'53" E, ALONG SAID NORTH LINE OF LOT 8, 150.00 FEET; THENCE 5 00°41.06" E, 15.97 FEET; THENCE 5 8r1628" E, 137.31 FEET THENCE 532°51'20" W, 60.29 FEET; THENCE S 02°26'27' E, 2186.42 FEET; THENCE 5 89°21'34" W, 91.10 FEET; THENCE N 00°5218" W. 40.00 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 18 AND THE NORTH RIGHT OF WAY LINE OF LAFAYETTE STREET ; THENCE 5 89°21.34" W ALONG SAID NORTH RIGHT OF WAY LINE, 168.60 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 1.93 ACRES AND I5 SUBJECT TO EASEMENTS AND 3. RESTRICTIONS daReCOR hnteerinnow on file in the office al the City Clerk, 410 East Washington St, in the City Hall in Iowa City, lowo, which is ber ently Closed to the public cause of the coronavirus. Copies re available by telephoning the City Clerk at 319-3565043 or e rn o i I n g kellie-fruehling®iowo-city.arg. The ordinance and attachments can also be found on-line at www.lcgov.org. If you need assistancelocating the ordinance and attachments on line, contact the City Clerk's office at 319-3565043 4. The ordinance becomes effective on February 11, 2021 Kellie K. Fruehling, City Clerk Submitted for publication on 02/11/2021 pc acea STATE OF IOWA JOHNSON COUNTY ) )SS I r j .III ,1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.1cgov.org I, Ashley Platz, 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. 21-4848 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of February 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 25, 2021. Dated at Iowa City, Iowa, this 3rd day of March, 2021. 1 Ashley Platz Deputy City Cler bRO 21-LIBLI$ Rezori,rcc kev,nebt. Pt wck W o 4 Ca -m p Co_r-c)nn0. Q CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia J�� 1 3 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice tf of Affidavits) 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 tha 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: 0004614050 2/25/21 02/25/2021 $280.22 Copy of Advertisement Exhibit "A" Subscribed and orn to before me by said affiant this 25 day of February, 2021 s gic Notary Public 9 -5 - Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin CITYMMUNIOCIPAL ORTDINANCE NO. 21-4818 Pursuant to Chapter 380 of the Code of Iowa, notice Is hereby ggiven of the final passage of Ordinance No. 21-4848 by the City Council of the City of Iowa City, lowo on February 16, 2021. A summary of the ordinance is as follows: 1. The title of the ordinance is "AN ORDINANCE` CONDITIONALLY REZONING PROPERTY LOCATED SOUTH OF KENNEDY PARKWAY AND BEOFPCNTRLVD FROM INTERIM DEVELOPMENT -RESEARCH PARK (ID -RP) ZONE TO RURAL RESIDENTIAL (RR -1), HIGH DENSITY SINGLE-FAMILY (RS -12), LOW DENSITY MULTI -FAMILY (RM -12). AND MEDIUM DENSITY APPROXIMATELY( 2719 )ACRES OF LAND. (REZ20-00131" 2. The ordinance approves the rezoning Of approximately 27.19 acres Of property located west Of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development - Research Park (ID -RP) to Rural Residential (RR 1) High Density Single -Family (RS -12), Low Density MuItI-Family (RM -12) and Medium Density Multi -Family (RM -20). The rezoning includes conditions which are set forth in a Conditional Zoning Agreement that is attached to and incorporated Into the ordinance. The legal description is as follows: RR -1: PART OF OUTLOT H. CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF O IOWA ERECORDER PART 6F THE SOUTHWEST QUARTER OF THE NORTHEAST UTHETUEOFTHESSOASOAR NORTHWEST QUARTER, ALL IN SECTION RANGE 7 TOWNSHIP OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE 41,4SAID S CARDIINAL OF EST - PART TWO' THENCE N21°30'05"W 86.33 FET ALONG THE EASTERLY LINE OF SAID LOT 41 TO THE NORTHEAST CORNER2256 26"THEREOF;53TT ALONG THE EASTERLY LINE OF LOT 40, SAID CARDINAL POINTE WEST - PART TWO TO THE SOUTHWEST CORNER OF OUTLOT G. SAID CARDINAL POINTE WEST - PART TWO AND A NORTH LINE OF SAID OUTLOT H; 46331 FEET ALONG SAID NORTH LINE AND THE SOUTH LINE OF SAID OUTLOT G TO THE WESTERLY RIGHT BOULEVARD;CAMP CARDINAL SAID a1WESTERLY FRIGALONG SOUTHEASTERLY 422.39H FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS NORTHEASTERLY (CHORD BEARS S15°01'37"E 416.97 FEET); THENCE S30°56'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTHEAST CONKER OF SAID OUTLOTFET ALONG THE°SOU H LINE OF SAID OUTLOT -1; THENCE WESTERLY 286.85 FEET ALONG SAID SOUTH LINE AND THE WESTERLY EXTENSION THEREOF AND THE ARC OF A 530.00 FOOT NORTHERLY CURVE, CONCAVE BEARS 574'33226"W 283.36 FEET); THENCE N0'03'39`E 190.00 FEET; THENCE NORTHWESTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD FEET)'EARS NSTHEINCE N19°28'15"W 38.94 FEET; THENCE NORTHERLY 107.02 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10'27'13"W 106.58 FEET); THENCE Nl°26'12"W 44.62 FEET; THENCE NORTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N10°06'34"W 274.44 FEET) TO DHE POINT OF BEGINNING. AN BEGINNING AT TH SOUTHWEST CORNER OF OUTLOT F, SAID CARDINAL POINTE WEST- PART TWO; THENCE N90°00'00"E 424.72 FEET ALONG THE SOUTH LINE NORTHI SAIDOUTLOT OFT OUTLOT H - PART CARDINAL POINTETWEST CORNER OF LOT 45, SAID CARDINAL POINTE WEST - PART TWO; THENCE 530°07'41"E 1.92 FEET ALONG THE SOUTHWESTERLY LIN OF SAID LOT 45; THENCE 537°44'02"E 104.59 FEET ALONG SAID SOUTHWESTERLY LINE TO SOUTH CORNER OF SAID LOT 45; THENCE S38°08'39"E 103.46 FEET ALONG THE SOUTHWESTERLY LINE OF LOT POINTE 6WEST - PARTATWO TO THE SOUTH CORNER THEREOF: THENCE 528'55'22"E 99.33 FEET ALONG THE SOUTHWESTERLY LINE OF POINTE (WEST - PARTATWO TO THE SOUTHWEST CORNER THEREOF- THENCE 512'47'03"E 102.84 FEET; THENCE S2'23'10E 108.81 FEET; THENCE S5'28'31°E 276.83 FEET; THENCE 525°39'42"E 47.21 FEET TO THE WESTERLY LINE OF SAID OUTLOT H; THENCE N44'49'18"W 301.82 FEET ALONG SAID WESTERLY LINE; THENCE SAID WESTERLY LINE; THENCE N52°48'14"W 489.10 FEET ALONG SAID WESTERLY LINE' THENCE NO°00'00"E 37.41 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. RS -12: PART OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62. PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER. PART OF OUTLOT D, CARDINAL POINTE WEST - gPART ONE AS RECORDED IN - $00K OFA PAGE 166 JOHNSON COUNTY. IOWA RECORDER AND PART OF THE SOUTHWEST QUARTER OF TH NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 47, SAID CARDINAL POINTE WEST - PART TWO; THENCE N69°14'02"E 120.00 FEET ALONG THE SOUTH LINE OF SAID LOT 47 TO THE WESTERLY RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHEASTERLY 34.84 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OFA 480.00 FOOT RADIUS CURVE CONCAVE WESTERLY (CHORD BEARS 518'51'24"E 34.84 FEET) TO THE SOUTHWEST CORNER OF SAID DUBS DRIVE RIGHT OF WAY' THENCE N73°13'22`E 30.00 FEEt ALONG THE SOUTH RIGHT OF WAY OF DUBS DRIVE; THENCE SOUTHERLY 136.55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD THENCE 9S0626'12 E41.30FFEET; THENCE SOUTHERLY 236.07 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS 510°27'13"E 23509 FEET); THENCE S19°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 160.96 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S25°37'09"E 160.65 FEET); THENCE WESTERLY 41.33 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS 581°51'46"WFEET); 40.37 SOUTHEASTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S53°58'07"E 18.48 FEET); THENCE S56°40'37"W 157.32 FEET; THENCE N25'39'42"W 260.94 FEET; THENCE N5°28'37"W 276.83 FEET; THENCE N2'23'14"W 108,81 FEET; THENCE N12°47'03"W 102.84 FEET TO THE POINT OF BEGINNING. ND BEGINNING AT THE SOUTHEAST CORNER OF LOT 41, SAID CARDINAL POINTE WEST - PART TWO; THENCE SOUTHERLY 275.49 FEET ALONG THE ARC OF A 910.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD THENC510'06'34"E 51 26 12"274.44 14G 62 FFEET; THENCE SOUTHERLY AC OFA 340.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD 1'5 9FFE;THENCE51928'1E304ET THENCE SOUTHEASTERLY 418.17 FEET ALONG THE ARC OF A 340.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S54°42'18"E 392.30 FEET); THENCE S0°03'39'W 160.00 FEET; THENCE NORTHWESTERLY 614.95 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERL`i (CHORD BEARS N54°42'18"W 576.92 FEET)' THENCE THENCE WNORTHERLY FEET; FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10'27'13"W 156.73 FEET); THENCE N1'26'12'W 44.62 FEET; THENCE NORTHERLY 227.05 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, BEARS NEO"'0634TW 226.19 FEET) TO THE NORTHERLY LINE OF SAID OUTLOT H- THENCE N71'13'03'E 160.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. RM -12: PART OF OUTLOT H, CARDINAL POINTE WEST PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON NNTV, ARTF COR TADPRECORDER HE NORTHEAST ))QUARTRERF THE SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 41. SAID CARDINAL POINTE WEST - PART TWO; THENCE 571°13'03°W 30.00 FEET ALONG THE NORTHERLY LINE OF OAID OBEGINNIING THE HENCE SOUTHERLY 227.05 FEET Pa_ameba ALONG THE ARC OF A 750.00 CONCAVE WESTERLY (CHORD BEARS Sl'26 12EE 244.62PFEET THENCE SOUTHERLY 157.38 50.00 FOOT RADIUS CURVE, BEARS 510°27'113 EASTERLY THENCE 519°28'15"E 30.94 FEET; THENCE SOUTHEASTERLY 1 7.49 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS 526°46'32"E 127.15 FEET)) FEET; E THENCE 1 WESTERLY 4 .54 FEET ALONG THE ARC OF 3.00 FOOT RADIUS CURVE, BEARS NES SOUTHERLY 45.27 (FEET)); "THENCE 562°26'0]"W THENCE SOUTHWESTERLY 19.64 FEET ALONGOOTHE O CONCAVE SOUTHEASTERLY (CHORD BEARS 538°59'45"W 19.09 FEET); THENCE SOUTHWESTERLY 42.98 FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS 537'56'43`W 41.90 NORTHWESTERLY 160.96H FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N2 FETHENCE N1'28'15"W 38.94 FEET; THENCE NORTHERLY 236.07 FEET ALONG THE ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N10°2713"W 235.09 FEET); THENCE N1°26'12"W 1.30 FEET; THENCE NORTHERLY 136,55 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N9°06'25"W 136.14 FEET) SADHEHLYECEIOUTLOT THNC N73°13'22"E 30.00 FEET; THENCE NORTHERLY 16.14 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N17°38'00"W 1 .14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG SAID NORTHERLY L NE ANO THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (2 CHORD FEET); N2T ENCE N66°23'16"E 151.01 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHEASTERLY 3.83 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S66°35'34"E 29.26 FEET); THENCE SOUTHERLY 9.94 FEETNG D LINE AND THE ARC OF A 720.00 FOOT RADIUS CURVE. CONCAVE WESTERLY (CHORD 3lFT); THENCEN]OE NORTHERLY LINE ALONG THE POINT OF BEGINNING. P20: RT OF OUTLOT H, CARDINAL POINTE WEST - PART TWO AS RECORDED IN PLAT BOOK 62, PAGE 22 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. CARDINAL)F POINTE L WEST )- PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 P3-10 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST CORNER OF SAID OUTLOT H' THENCE N69'46'50"W 240.68 FEET ALONG OUTLOT STERN; LINE TOHEACD N32°38'01"W 225.83 FEET; THENCE N56°40'37"E 157.322 FEET; THENCE NORTHWESTERLY 18.97 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEAR)S N53'58'07"W NORTHEASTERLY 84.32H FEET ALONG THE ARC OF A 55.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS N59•28'27"E 76.30 FEET) THENCE NORTHEASTERLY 19.64 FEET ALONG THE ARC OF A 24.00 FOOT RADIUS CURVE, CONCAVECBEARSTH N3859'45"E 19.09 FEET)' THENCE N62'26'07"E 1'!1.98 FEET; THENCE SOUTHERLY AROF 34.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY FEET): BEARS 55 55105Eo30.00"FEET; THENCE SOUTHEASTERLY 487.46 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS NORTHEASTERLY CT((CHORD BEARS 562°00'35"E 468.38 FEET); THENCE 50°03'39"W 30.00 FEET THENCE EASTERLY 50.46 FEE{' ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY 50.40RD FEE )RS TO 7'19 THE SOUTHERLY LINE OF SAID OUTLOT HI THENCE S59°02'58"W 8.58 FEST ALONG SAID SOUTHERLY LINE THENCE 563"56'06"W 544.31 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. 3. The entire ordinance is now on tile in the office of the City Clerk, 410 East Washington 5t. in the City Hall in Iowa City. Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk al 319-356-5043 or e m o i 1 i n 9 kellie-fruehli ngeiowa-city.or9. The ordinance and attachments can also be found on-line at www.icgov.erg. If you need assistance in locating the ordinance and attachments on line. contact the City Clerk's office at 319-356-5043 4. The ordinance becomes effective on February 25, 2021 Kellie K. Fruehling, City Clerk Submitted for publication on 02/25/2021 STATE OF IOWA SS JOHNSON COUNTY ®14t 4%`mom/` slibresimplinfir CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4849 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 11,2021. Dated at Iowa City, Iowa, this 20th day of April, 2021: • ;tptYA F • Ashley Platz Deputy City Clerk ORp 2'-'-e`\ ° 2S 2s 1iictn\c''^ C2\ CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 ?%- a PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004631276 3/11/21 03/11/2021 $38.31 Copy of Advertisement Exhibit "A" Subscribed and sworn to before meby said affiant this 11 day of March 2021 Val4W- 61" Notary Public 9-85:33 Commission expires SHELLY HORA Notary Public State of Wisconsin SUMMARY OF ENACTED IOWA CITY MUNICIPAL -ORDINANCE Na 21.4849 Pursuant to Chapter 380 of the Code of lowo, notice is hereby given of the final passagef Ordinance No. 21-4849by the City Council of the City of Iowa City, Iowa on March 2 2021. A summary of the ordinance is cis follows: 1. The title of the ordinance is, "ORDINANCE REZONING PROPERTY LOCATED AT 2525 HIGHLANDER PLACE FROM HIGHWAY COMMERCIAL CH -1 DIISTRICT WITH A OVERLAY (OHD/CH-1). (REZ20-0014)" 2. The ordinance approves the rezoning of property located at 2525 Highlander Place from Highway Commercial (CH -1) to Highway Commercial with a Historic District Overlay )ORD/CH-1)The legal description Is as follows: Lot 24, Highlander Development Second Addition, Iowa City. Iowa, according to the plat thereof recorded in Book 38, Page 155, Plot Records of Johnson County, Iowa. 3. The entire ordinance is now an file in the office of the City Clerk, 410 East Washington 5L In the City Hall in Iowa City, Iowa, which Is currently yof thened oronaviros. e public are available by telephoning the City Clerk at 319-356-5043 or ern a n 9 kel lie-iraeh I ingfdiowa-cIty.org. The ordinance and attachments can also be found online at www.icgov.org. If you need assistance in locating the ordinance and attachments on IMe, contact the City Clerk's office at 319-356-5043 4. The ordinance becomes effective on March 11 2021 Kellie K. Fruehling, City Clerk Submitted for publication on 03/1112021 l ata talc:frit It CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Ashley Platz, 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. 21-4850 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of March 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on March 11, 2021. Dated at Iowa City, Iowa, this 20th day of April, 2021. Ashley Platz Deputy City Clerk oRD 21-u/350 t1 oar v -A CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 PA- \w(,2, PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits1 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 tha 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: 0004629562 3/11/21 03/11/2021 $180.88 Copy of Advertisement Exhibit "A" Subscribed and s .rn to before me by said affiant this 11 day of March 2021 fr-cao262-- Notary Public Commission expires SHELLY HORA Notary Public State of Wisconsin ORDINANCE NO. 21-4850 Ordinance amending Title 9, entitled "Motor Vehicles," to provide that the process for towing, impounding, and reclaiming of abandoned vehicles is consistent with the lowo Code. Whereas, bath the Iowa Code and the City Cade authorize the towing,mounding and reclaiming of abandoned vehicles, but they define abandoned vehicles differently and the hearing and reclaim process is different; Whereas, Sections 321.235 and .236 of the lowo Code preempt local governments from enacting any ordinance that is contrary to the abandoned vehicle provision inthe state code; Whereas the City Code should be amended such that the towing, impounding, reclaiming, and hearing process for abandoned vehicles Is consistent with the Iowa Cade; and Whereas, the towing, impounding, reclaiming, and hearing process for vehicles that are not abandoned should be the same as for abandoned vehicles; and Whereas, it isn the best interest of the City t0 adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration and Enforcement of Traffic Provisions,' Section 1, entitled Definitions," is amended by adding the underlined text and deleting thestrike through text as toliows: Abandoned Vehicle: A vch:cic Chet aeleeA.0 Iawtotli gn—pnblie 'rsr Utow nWVW—en— Brweie ffv,rty ter .. r. th.,n�ke ty f•,br (2l}them-s Means an of the toll win : ve Ice o as een left unattended an public property for more than twen y -four hours and lacks current ratioplates Or two or more wheels or other parts which renders the vehicle totally mo arable. ve Icle tbol has remained egallh on public property for mare than twenty-four ho . Ut vehicle th. b -en Un aW U y Par e• On priva e proper Y or has been placed On private f ant of rtieeawner without the Con r0 o e proper y or more than twenty-four hours (4) A vehicle iha has been legally 1mpj 0�un ed� as nlT Dot recol�aimeed fora period of ten days. owT declared abandoned vehicle may be tetlared abanbonetl within the ten-day period by commencing the notihca ion process as provided int this bile. SS Any vehicle parked on the Fghway ar street determined by theenticece department to create 0 hazard to other vehicle traffic. S6)A vehicle that has been Impounded pursuant to section 72 J 41 of the Iowa Code by order Of the court and whose owner has not paid the impoundment fees atter notification le the person ar agency responsible for carrying ou the Impoundment order. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled "Towing and Impoundment Procedures, Section 1, entitled "Towing and Impoundment of Abandoned Vehicles; Notices;' is amended by adding the underlined text and deleting the strike through text as fol lows: A. 1 Towing And Impoundment of Abandoned Vehicle Authorized: The department may taw and Impound or have towed and impounded any vehicle abandoned, provided the department has notified the owner or person claiming rightful possession that the vehicle will be towed and impounded if the vehicle is not removed within seventy two (72) hours of the time a towing notice i5 posted. Notice shall be deemed posted by securely attaching the notice to the driver's side window of the vehicle. The notice shall state the dote and time the notice Is attached to the vehicle, the intent to tow the vehicle seventy two (77) hours after the posting, the reason tar the notice to tow and that all costs of removal, notification and storage must be paid before the vehicle may be reclaimed. 'chic'^' tearkgd-tines cHy-exwed-0, aperatecHeorI,fn9Nlei f ..etr. tribet .ff.,ct. This notice provision shall not be required in the case of a vehicle parked an or in a public street or alley determined by the deportment to create an immediate hazard to vehicle or pedestrian traffic. nc 2. ad Impoundment of Illegal! Parked Vehicle in Parking—Lot: Vehicles parked in a if ed parking lot maa tl ys a o wn d r ratmounded twenty low (fel) h iir5 after the •os m• .f n• that ' ttec re• Ire• In �e1 e ermine • •v a .epar men 0 create an Immediate hazard to vehicle or pedestrian traffic. B. 1. When a vehicle has been irnpounded under the provisions of this title or seized under any he vdepartment shall ffallowt the procedures determined by state law for giving notice to the owner, lien holders of record and an other known claimant to vet cog pc -sons __t t ed ,_ pe55ess� of the )of the mooundmenf and thg�propased sale of the abandoned vehicle. os—en "obanJoncd ech.cic'. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled Towing and I mpoundmen Procedures," Section 10, entitled Hearing far Objection to Towing and Impoundment," i5 amended by adding the underlined text and deleting the strike through text as follows: A. The owner, lien holder of record, or a person claiming rightful -"�ta_ possession eh object and request on evidentiary hearing t0 u towing& e+ ampoundment and/or 10 the fres nd charges assessed If a vehicle is towed and/or impounded with or without prior notice. Request far a hearing after an impoundment must be _ made within ten (10) _ t. v after notice Of impoundment s provided by the department or shall be deemed waived. B. The person challea ing the towing, impoundment an r f and charges shall be informed o the reason far the towing and/or impoundment, and a hearing shall be held without unnecessary delay before the city manager or designee. C. The city manager Or designee shall consider all relevant information offered by witnesses, including Inc person challenging the towing impoundment and/Or tees and c ha rq es and shall set forth findings as to the obiection and grounds for challenge. The city manager or designee shall notify the person challenging the timpoundment of the decision, and he decision shall indicate whether the towing, endear impoundment, and/Or fees and charges was appropriate. D. If the city manager or designee finds the vehicle was improperly towed and/or impounded, the vehicle shall be released to the person challenging the lowing and/or impoundment upon compliance with subsection 9-9-11A of this chapter. All costs of towing, preservation, storage and notification accruing through the fourth calendar day after the city manager's or designee's decision shall be paid by the city. All costs accruing thereafter shall be paid by the person challenging the Impoundment prior to the vehicle's release from Impoundment If the city tanager or designee finds the v- Tole was •r0•erl towed and/ar lmpoun•e• •u Ines a ee or Charge is Improper the city Shall pay the Improper fee or charge 4. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled "Towing and Impoundment Procedures," Section 11, entitled "Redemption of Towed and Impounded Vehicle," Subsection B i5 amended by adding the underlined text and deleting the strike through text as follows: B. Right To Reclaim And Forfeiture: 1. The owner, lien holder of record or person claiming rightful possession of an impounded vehicle shall reclaim the vehicle within ten (10) twenty c..l ,idor days after: a. The effective date of the notice provided in subsection 9-113 of this chapter, unless a earlIs ripgpe5ted P❑rsuant 10 section 9-9-11 otinis chapter: a vvehicle release form- from Inc city if I0 receipt i5 Issued prior to Incl ettective date of the not ce rovlded mrh sorubsection 9-9-1B of Ii s's c apfe 0. The date Of the ee neio4 of -e decision from a hearing held pursuant to section 9-9-10 of this chapter. 2. If the owner, lien holder ar known claimant pc--�,,- entdlcd tright nooses -sten does not exercise Ince right to reclaim an impounded vehicle within thefen 10 twenty reclaiming period, such person shall be tleemcd to have waived any right, title, claim or interest in or to the vehicle. 3. The owner, lien holder Of retard ar known claimant persen vehicle written is not abandoned may, upon writle0 request and PaYmeni 0f adeiti00al Storage charges, 10l delivered exp Incnd of department fen prior() twenty ne (21) Calendar d t reclaiming period obtain an additional period of up to fourteen (14) calendar days within which the vehicle may be reclaimed. Section II. Repealer. All ordinances and parts Of ordinances in conflict with the provision of this Ordinance ore hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid ar unconstitutional, such adjudication shall not affect the validity Of the Ordinance as a whole ar any section, pprovision or port thereof not adiudged invalid or unconstitutional. Section IV. Effective Date This Ordinance shall be in effect after its final passage, approval and publication, Os provided by law. Passed and approved this 2nd day of March, 2021. s/Bruce Teague, Mayor A11est:s/Kellie Fruehling, City Clerk Pa aha. STATE OF IOWA )SS JOHNSON COUNTY ®a'i d. ft he Oa II lair CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. o rg 1, Ashley Platz, 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. 21-4851 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of March 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 25, 2021. Dated at Iowa City, Iowa, this 20th day of April, 2021. Q shley Platz Deputy City Clerk ORO 2_1-14aa"1 Dd. et. Resi'auro_n4 Duk pooh .Pr asp CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 • edia pc 10 Z PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004650820 3/25/21 03/25/2021 $75.88 Copy of Advertisement Exhibit "A" NANCY HEYRMAN Notary Public State of Wisconsin Subscribe. a d sworn to before me by said affiant this 25 day of March 2021 ublic 5 -l5c1 5 Commission expires ORDINANCE NO. 41-4051 Ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 1. entitled "Definitions." to revise the definition of "restaurant" for Outdoor Service Areas. Whereas, there is an Increased demand for outdoor seating areas associated with restaurants, bars hotels, and similar commercial uses due to COVID-19 restrictions; and Whereas, outdoor areas on brivate property where alcoholic everages are served for on-site consumption are defined as "outdoor service areas" and rules for these areas are set forth in Title 4, Alcoholic Beverages; and Whereas, the current definition of "restaurant" lists specific kitchen equipment thot may not be needed for certain types of food preparation; and Whereas, the revised definition of "restaurant" aligns Iowa City's requirementsith those of a full-service food establishment as certified by the Johnson County Health Department; and Whereas, revisingthe definition will ease adminisration of (hese provisions, streamline approval far applicants. and allow additional establishment to provide outdoor service areas; Now therefore,. be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. Amendments 1: Title -.1-, entitled "Alcoholic Beverages,' Chapter 1, entitled °Definitions,° I5 amended by adding the following underlined text and deleting the fallowing strike -through text: RESTAURANT: A business whose food a to function ersthandrvwhich meets the following criteria: A. Prepares meals on the Premises and provides meol service to each floor of the premises which is open is the public while the kitchen is open; B. Has a food service menu from which customers may order; C. Has an employee whose primary duty is the preparation of food and on employee whose primary duty Is to servo food to customers; D. Has a kitchen separate from the bar equipped with all of -the followi n9—o_stave.-a--griddle,-a grill or- broiler, and a- food refrigeration unit with n capacity In excess of twenty (20) cubic odequat hooOentilatror1�systemf that compileswith Ceecfllnadtwo 3 -compartment —sinks ar—a commercial dish machTne; adequate-- food- storage, refrigeration, and—holding equipment. Kitchen must -meet basic food requirements of a full-service -food establishment" 05 certified- by Me Johnson County E. Operates at Operates restaurant service daring at least sixty percent (6015) of the hours that Phe business is open to the public; and F. Holds itself out to be a restsuront and advertises Itself as a restaurant if it advertises. G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop. lunchroom, or tearoom. Section II. All -and ac paws tof he provision in is Ordinance with are brrebyrepealed. Mis Ordinance arc erc❑o Section , Io. ion ar port If one Orcin provision o pogo of the Ordinance shall be itutddged to be Invalid tl unconstitutional, nalloaffe suchh adjudication Beall dot affect the whole of the Ordinance as r whole a any section, bed invalid ior d Port u tonstit not adjudged invalid oSectionnsIV. unconstitutional. Dote. This Ordinance shall be in effect alter its final passage, approval and publication, as provided by low. Passed and approved this 16TH day of March, 2021. s/Bruce Te09ve Mayor City t:sJKellie Freehling, STATE OF IOWA SS JOHNSON COUNTY I r 1 (, ®mit ail OS MCI II reir CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4852 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of April 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 15, 2021. Dated at Iowa City, Iowa, this 2001 day of May, 2021. Ashley Platz Deputy City ORO 21- u%62 Rtoa.ndor' v ek' CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 Pcar10-62 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NET WORK This is not an invoice # of Affidavits) 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 tha 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: 0004681219 4/15/21 04/15/2021 $56.84 Copy of Advertisement Exhibit "A" ii /nazgid/ Subscribed y'`. sworn to before me by said affiant this 15 day of April, 2021 Notary Public Commission expires KATHLEENAL.LEN Notary Pubitc State of Wisconsin ORDINANCE NO. 21-4852 Ordinance 0e"motor ntliVehic Title a'd Traffic," Chapter 4, entitled entitled "Parking Regulations," for Loadingandnd Unloading" to establish a curbside pick-up and delivery space. Whereas, with the increase of pick-up and delivery since the beginning O1 the COVID-19 pandemic. parking space(s) in the downtown for short-term curbside pick-up and delivery should be an Option; Whereas, to Incentivizedto turnover In the space, it should a be a separate offense every ten (10) minutes the vehicle remains in violation, which is the same provision that applies t0 011 passenger loading zones; and Whereas, it is in the best interest of the City to establish a curbside pick-up and delivery space with enforcement every ten (10) minutes. Now, therefore, be it ordained by the City Council of the City of Iowa City: Section I. Amendments. 1TIIte 9, enfilled-'Motor Vehicles and Traffic,'' Chapter 4, entitled entitled "Parking) fors Loadingnend Unloading," is hereby amended by adding the underlined text os follows and renumbering Subsection F tq S5ubsectign G; F. Curbside Pick-Up and Delivery: No person shall stop, stand or Wka vetuCle in a space that hos ben otltiatly des19nFd and s gneCfor Curb3IDePickup and m Debvery__for ore than ten-(1D) minutes amr2 cepa to en9a9C n curbside pick-up and3efivery. U. Enforcemen : It shall be lawful and a violation of the provisions of this section for any owner or driver to permit a vehicle to remain in violation of this section. Every thirty(30) minutes that a vehicle remains in violation after the vehicle is Initially cited shall constitute a separate and distinct offense. In the case of passenger loading zones and CVr side pick-up and delivery spaces every ten -(10 minutes that a vehicle remains in violation atter the vehicle is initially cited shall constitute a separate and distinct offense. The fees for each such parking offense shall be provided in the schedule of fees set out in title 3, chapter 4 f this code. of II. Repealer. All ordinances and Darts of ordinances in conflict with the Provision of this Ordinance are hereby repealed. Section 111. severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitu ional, such ad'udication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid Section nIV.tutEaffective Date. This Ordinance shall be effective upon publication. Passed and approved this 6th day Of April, 2021. slbruce Teague, Mayor AtlesFs/Kellie Fruehling, City Clerk Submitted t0 publish on 04/15/21 eceyad,r(e2 i r 1 ® IS atial ,�A� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA )SS JOHNSON COUNTY I, Ashley Platz, 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. 21-4853 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of May 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 18, 2021. Dated at Iowa City, Iowa, this 20th day of June, 2021. (r Ashley Platz Deputy City C J '9Rb 2.1-445C-5 Rtzc l ntc-b i n CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 QZ'-ga PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004735630 5/18/21 05/18/2021 $78.46 Copy of Advertisement Exhibit "A" Subscribed arr worn to before me by said affiant this 18 day of May, 2021 Notary Public Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Y OF CITY.MUNICIPAL ORDINANCE NO. 21-4853 Pursuont to Chapter 380 of the Code of Iowa, notice is hereby given Of the final passage of Ordinance No. 11-4853 by the City Council of She City of Iowa City, lowo an May 4, 2021. A summary of the ordinance is as follows: 1.The title of the ordinance is, "AN ORDINANCE APPROXIMATELY ACRES OF TE INTERSECTION LOCATED FINKBINE COMMUTER DRIVE AND MELROSE AVENUE TO MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL RM -20) AND INSTITUTIONAL PUBLIC (P-2) WITH A PLANNED DEVELOPMENT OVERLAY OPD/RM-20/P-2) (REZ20-0012)." 2.The ordinance approves the rezoning Of approximately 6.12 Melroseacres t proAvenue erty located Medium Density Multi -Family Residential (RM -20) and Institutional Public (P-2) with a Planned Development Overlay (OPD/RM-20/P-2). The rezoning includes conditions which are set forth in a Conditional Zoning Agreement that is attached to and incorporated into the ordinance. The legal description is a5 follows: Commencing at the Northeast Corner of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa' Thence 588°51'114W, along the North Line of the Northeast Quarter of said Section 17, a distonce of 656.83 feet, to the Point of Beginning; Thence 501'08'49'E, 237.28 feet, to a Point on the East Line of Lot 1 of University Athletic Club Subdivision, in accordance with the Plat thereof Recorded In Plot Book 38 of Page 306 of the Records of the Johnson County Recorder's saidCeEasth Line, 46600 feel; Thence said East along said East Line, 61.55 feet; Thence S00°03'18"E, along said East Line, 225.16 feet, to the Southeast Corner thereof; Thence N75°44'24'W, along the South Line of said Lot 1, and the Northerly Right -of -Way Line of Melrose Avenue, 192.89 feet; South a Line 7 3 and along Right-of-Way Line, 107.44 feel to the Southwest Corner of said Lot 1; Thence N80°31'33"W, along said Northerly Right -of -Way Line, 164.09 feet; Thence Northwesterly, 108.82 feet. along said Northerly Right -of -Way Line an a 5779.65 foot radius curve, concave Southwesterly, whose 108.81 foot interne cion Sw"h the Centerline oof the Finkbine Commuter Drive; Thence N10°46'45"E, along said Centerline, 23.66 Leet: Thence Northeasterly, 62.46 feet, along said Centerline on a 50.00 foot radius curve, concave Southeasterly, whose 58.48 foot chord bears N46°34'01°E; Thence N82°21'17"E, along said Centerline, 89.68 feet; Thence Northeasterly, 162.00 feet, along said Centerline on a 112.50 foot Norlus lh esterlcurve,, 0 whose 148.36 [foot chord bears N41°06'07'0; Thence N00°09'02"W, along said Centerline, 123.22 feel; Thence Northeasterly, 194.67 feet, along said Centerline on a 197.50 foot Southeasterly, whose 186.89 [ave foot chord bears N28°05'14"E; Thence N56°19'31'0, along said Centerline, 32.99 feet; Thence Northeasterly, 141.12 feet along said Centerline on a 200.00 foot radius curve, concave Northwesterly,hose 138.21 foot chord bears N36'06'43"E; Thence N88°51'11"0, 222.70 feet; Thence 501'08'49'E, 226.90 feet, t0 the Point of Beginning. Said Traci of Land contains 6.12 Acres. and is subject to easements and restrictions of record. 3.The entire ordinance is now on file in the office of the City Clerk, 410 East Washington 5t, in the City Hall in Iowa at', Iowa, which i5 currently closed to the public because of the coronavirus. Copies are availoble by telephoning the City Clerk at 319-356-5043a r em O n 9 kellle-fruehlingeiowo-city.ar . The ordinance and attachments can also be found on-line at www.icgov.org. If you need assistancelocating the ordinance and attachments on line, contact the City Clerk's office at 319-356 5043 4.The ordinance becomes effective on May 18, 2021 Kellie K. Fruehlin9, City Clerk Submitted for publication on 05/18/2021 � r -•..arm sannipar 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, Ashley Platz, 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. 21-4854 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of May 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 13, 2021. Dated at Iowa City, Iowa, this 20th day of June, 2021. - ,E 04 CIL!, lasts shley Platz 4111.P• Deputy City C e ORO z‘ -sissy CcJolt.- T V Fv cax�c� CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004723570 5/13/21 05/13/2021 $57.35 Copy of Advertisement Exhibit "A" Commission expires Subsced and ydrn to before me by said affiant this 13 day of May, 2021 Notary Public 1 KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Susan Dulek, Asst. Street. Attorney, C1ity E IAbshi52240; 319-356-5030 Ordinance No. 21.4854 Ordinance amending Title 12, entitled "Franchise,' Chapter 4, entitled 'Coble Television,' to repeal the cable television franchise ordinance. Whereas, Title 12, Section 4 of the City Code is an ordinance that sots forth the basic requirements required for 0 company 10 enter Into a local franchise agreement with the City for delivery of cable television service; Whereas, in 2007 the State of Iowa Code ed Chapter 477A of Iowa slate -wide franchise for cable television providers; Whereas, Chapter 477A prohibits ma municipalities local franchise frihe comparnyghos a state franchise, but did not allow franchisee unti0l they calo franchise expired; the City's local franchise with Mediacom eexpiredceinin 2007 August 2018; Whereas, the City presently does not have a local franchise agreement with any componY; Whereas, because the state franchise requirements are more theoCity's, to is extremely eunliikely that any company would apply for local franchise, and if it did, the current provisions in Title 12, Chapter 4 would need to be completely updated; Whereas, Title 12, Chapter 4 establishes the Iowa City Telecommunications Commission to provide oversight of the local franchise agreement, and the Commission has recommended that it be dissolved; and Whereas, it is in the best interest of the City t0 adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 12, entitled "Franchises," Chapter 4, entitled "Cable Television," is amended by repealing it in its entirety. Section 11. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, pravi-esion or part Of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance os a whole or any section, provision or part thereof not adjudged invalid or unconsti'futionol. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, a5 provided by law. Passed and approved this 4111 day of May, 2021. s\eruce Teague, Mayor Atlest:s\Kellie Freehling, City Clerk Submitted to publish on 5/13/21 STATE OF IOWA JOHNSON COUNTY ) )SS t! AWII4Etalit -rt.a6_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4855 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4'h day of May 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 13, 2021. Dated at Iowa City, Iowa, this 20th day of June, 2021. J4OQ Ashley Plat Deputy City Clerk i bR 21-y8s5-- A\wv-.o1 ; n Pack SVe,-S CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 0,04 \ 0-E 2 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavitsl 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 tha 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: 0004723548 5/13/21 05/13/2021 $79.48 Copy of Advertisement Exhibit "A" Notary Public Commission expires Subs ribed a 1.7 worn to before me by said affiant this 13 day of May, 2021 i KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Suson Dulek, Asst. City Attornair, 410 E. Washington St., lowo City, IA 52240 (319) 356-5030 Ordinance No. 21-4855 Ordinance amending Title 4 entitled "Alcoholic Beverages,' and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters. Whereas, the City Code allows possession and consumption of alcohol in parks only with a permit or by a written agreement; Whereas, community members hove requested that alcohol restrictions be loosened, and the Parks and Recreation Commission previously recommended that the restrictions on alcohol in park shelters be relaxed; and Whereas it i5 in the City's interest to allow possession and consumption of beer and wine in park shelters with a shelter reservation except for the shelters in Napoleon Park and I.C. Kickers Park. Now, therefore, be It ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1.Title 4, entitled "Alcoholic Beveroges," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," Subsection B i5 amended by adding the underscore text 05 follows: A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity', and is on an "authorized site" as those terms are defined in this section, or is doing so Pursuant t0 O permit Issued by city staff. Any permit Issued will abide by and Incorporate administrative rules approved by the city manager. Thls subsection shall not apply to the farmers' market or property within a city park that i5 leased to another entity for ninety-nine (991 years or more. Notwithstonding any other provision in this section, a person may possess and/or consume beer or wine inside any park shelter, with the exception of those in Napoleon Pork and I.C. Kickers Pork, during the time period the shelter has been reserved. All persons reserving a shelter and all persons possessing and/or consuming beer or wine in the shelter shall abide by the administrative rules approved by the City Manager. 2.Title 10, entitled "Public Ways and Property,' Chapter 9, entitled ' Parks and Recreation Regulations," Section 2, entitled ' Prohibited Actions In Parks," Subsection F is amended by adding the underscore text and deleting the strike -through text as follows: Alcoholic Beverages: Possess or consume any beer or alcoholic beverages in any park, except os provided in Section 4-5.3 of the Code. if said person 105 purchased sold alcoholic beverage from an "authorized entity", and is -on -an "authorized site", as those terms ore defined in subsection 4.5.3D of this Code, or is doing so of a City -sponsored event where the sole and consumption of beer or olcoholic--beverageis done issued to a permit by the Director -of- Parks and Recreation or designee. Any such permit issued --will - obide by and incorporate—admimstralive—rules approved -by -the -City -Manager. Section I1. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinonce ore hereby repealed. Section III. Penalties for Violation. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. Section IV. Severobility. 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 adiudged invalid or unconstitutional. Section V. Effective Dote. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day Of May, 2021. s\ Bruce Teague, Mayor Attest:s\Kellie Fruehling, CitY Clerk Submitted to publish on 5/13/21 I cCr doprit 1,1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA SS JOHNSON COUNTY I, Ashley Platz, 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. 21-4856 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of May 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 27, 2021. Dated at Iowa City, Iowa, this 20th day of June, 2021. Ashley Pla Deputy City ORO 21-taSb WOn t yrcormincn brink h ES10-110 ,54-w, i, d CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia %2 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004744590 5/27/21 05/27/2021 $140.22 Copy of Advertisement Exhibit "A" Subscribeandsbefore me by said affiant this 27 day of May, 2021 Notary Public 1-7-- R -S Commission expires Prepay by: Kirk Lehmann. Assoc at4 Planner, 40Q E 1V¢snln9i0n(51 10•o 1,0155Ity, IA $8404 N Ordinance ce NoO- 21-4055 Zoning IO amend 1440e 14 Zanlne% b gon the Conforming a expansion f [arming drinking psioberly in lz when IOCated On properly in 0 Historic Overlay District (01101 zone e o Ono Ihor9 y( Onf nor nt 10051 two 71 (RELl0. 1$] Vrfreraos, st wics •hen that the increase in IIIc conte traitor 0f afcoh0l-related USOS in correlated (0 correlated elat ednsumpflpn Of °Ingprevalence of IS rerrelmCG 40 the prCVa Cnfga 9t underage drinking, nd tonlribtles In an increase in violence aro crime; Ona 1Vhereoi. in 2004 Inc City OgoSOfi rrlPSdrink1nwPIPVrequirements establishments throughout Irna Cily tOrdinanre 99-431) due 10 the negative externalities ossociated with o emtcen1,0llon al drinking estabtishmenit such as bars and xand W hereas , in 2013 the City dl)conI100e4 motion r ablvements for drinking establishments pyf5dOW O iCentral city and university impact Arca (Ordinance 13-3544)) because 0 coMentratian of drinking establishments otos Ia55 likely to occur 54ch 0001 spacing mulrcmcnL' were nal necessary were unduly restrittin9 economic devel0nmen1 appartunitiesin outlying commercial preys; and Ylhn 9ws, o-rinkin9 ..iap14511mmkss Ihot ere leaaly erequirhed a1 Me lime fire spacing neo lowed nt5 Were a Opted were allowed to continue 105011Y 1 stanlntpy u,s abIcccI t0 1000401 st�ny9 ds tar., n tarring dnniuotg e Whereas; uses; Oa the d i5 reananoeEe to allow sue cont•nuonce and exinns100 eof s suchwhere 10001 nonconforming 0505 fiarc such operhes have t [teen ble 10 ssIcbeish viobve ren10• 1ali'le vacant uses and hate goers o0(1 vacant for 00 10051 two YCorl 05 0 result; rng�0 Citrins, h f able tar the City ID incentive historic e'resetchliop bV requiring the use Of erth I,rovlsloos 10 be On property In o Historic Olsirlcl Overlay zone; and • mprvs, the City'sco preserveelthive elan aink4 00 historic mato street character of the dlOntiowi4 to anWYri n the existing AvO2 011(1 cxnon'Ian 1 I%9 Amina 40 la attract businesses dial pore growth potential and ore compatibleewith Irma Cinow economy. end 00 on In 09e now corenosiness development In existing Lore or nwf9hbarhmd eormnircio sirens; and 111.mmis. the Planning and Zoning Commission has revitsee 11:6 ronin rhea amendment sal forth below and recommend: rdainvol. Now, therefore. be 1 the Ciel by the City Council of the City Or Mem City. lawn: Scotian 1. Ordinances of t ants. The CFdo G1 y, lawacis f the City at town ilt, Iawu is hereby amended OS raf10'el5: A. Amend 14.40 -ern -2 adding Bud following underlined !anent/go' Atltlitina1 Soodol Exccp Fa Approval Cnlerio Farr Nonconforming Drink'�g Establishments; An RSA ooziest; ore r0 a noncanmorming drinking establishment y to allowed t Notelet exception provided it meets the haltered approval (.9420,10 for special exceptions set lorthh in section 1pp0-3 pliteriaS stolenflobove far approval l 5As r and the additional epp.rovai criteria listed betaw: akroc The aboveshall dlitae con'lou4e'po10I9n lite licensed drinking eslablisnincnl. Contiguous means there moy not be other uses seceded an f100r5 In between tie drinking n000llshment 0M too acssoRSA b. There shad be no horizontal expansion of the licensed drinking nst0pI„h p�li, except as 04llt'NM uer 19.71:2 • n. The "'siioil be no Incr,.mr_In terior0 flour orca cc interim anomer boa at the existing drinking eloobliohalent, exceppd t necessary for required bathrroyoJms, elevator, equipment, SSOirs. k1IghBn equipment, other essentin elements necessary to r1V-el accessibility, building Code requirements or t0 Meet the requirements Or conditions of tie special exception, or except 05 PIIOWOnor E'5 1449-50 D . Amend 14-42ESF by adding hie following Underlined lon9UClye: Discontinuance. Ol Nonconforming subsExcept cis oh,s section, Irl subsection E and 0 of this section, O riOnccnfarmin9 use ihol i3 discontinued for a period of e weer most revert to a Conldrminin9 nee Pr In qualifying a situations. a cool exception be ppiied exceptionar according lo the provisions of subsection D Of this section C. Amend 1derIIn0 by 000fna the deleting underlined o following stricken language: Nonconforming Drinking E5 ablilb een15 Andi"COn01 Soles sect on,. 2210 r 0011r ti009 orQlvisl9ns eppl?, to Ancomorm 00 Prinking rmmo aIcnt00l sates Orid and retail f0105: os i`t'eoIIy dwas efined 'drinking In ¢de'Inr nrdhli" 11 i5 nonconforming with regard to the separoti011 requiremenit beh2-Cn said uses as so -added in this 91110, mar confining un0Oco one or beth of the situations occur. If enc or both U1 these conditions occur, then naneOnf0rrn109 ri9h15 Cease and the use must convert 10 a [oily ming Uu0' Pec 11q Br GI{reel„ Cq 9s. 0cer10tl al cae y ticcrcg laved, m:rldn br fs nl horn PL11W d7nkFpq,_ £sf¢ Tit 5 where: IScolg e9n PFOFertYzone; and W1ltt0?h.1 9 HI1tOrl0 tott is 211th Overlay, rhkkiritq�tto lisu9(121 IS in a buildingil" Ihdl hos remained Vacabl`]6r, 1ho'"pr0Y10U%IWa"(2) c49sec0ttVF.KOLr5,'_ b. There-are-d,asAeo to 011e -as@ 5u<h. 01101-the-urto no bnger _reels the definition al - 'drinking o'i0hllbra1'r TtteMM 005 1Cin a ci ohne ON1be05 ((01.1110010.1PC0900 2.An 2.AnY' "'alcohol alsnldl sates oriented retail u5a' Qs defined to lois Title, 01101 WO 1 t the c anCenformin9 with regard la lite SeporOli0n reQUirement between Said uses, as specified in this title. mm contirMe drfeamm ore or tot 01 tiq fgllowlnn ziwtian5 occur. It one Or bola O II --Se Conditions attur, then nonewNOrmin* rights cedes and the use must Convert to 0 ca$lorrnlm 050' 0. hC I40V 1CCdug loososs, Is ravelled or 14 dlselxltlnurd for a period of one year; or 9. There ore [nonce 00 the tug such 11101 the 05* 00 tenger meets I tit definition of alcohol soles oriented retail ase'. 3.For purposes of 1015 subsection, sidewalk cafes sholl not be Considered On exoonsion of 0 nonconforming o c ff7 rmino nue. Word, 094311, 4. Nonconforming drinking esI0WiShment4 may exnam! 09 o, tiredIo IocolCo 0 chef u sottsai 6x009ienipursuit) neon r 10 11N_ Criteria uses forth And 110d01ng5'.Aeof alt s Chapter; and 40rd. 15.4611. 051 hrlin 0 9 daor04lf92oigflI mco10 a exodnd4 me properly" cath a Hsl6ria PO Iri41 OVer I4'"(DHD] 19010 tl10t ifos remained vo*Onl for Ito provip s fw 24_.Conyceyttoo toads: Glide tl. ReP0 port All ormp nances ane pews 01 ordinances In it Od. with the hereby 05 of Mit OrdlnanCe 040 hereby repealed. Sed on 111. Se4OrObiil5Y• If env Cllon prOv3-lsrCn 4r nnr0 Bl tto rdlrrarlae shall be otliudged ffectivol eafa hereof 41 to rK invalid Or unConglitutiulal, Such 54,011 Odiudiadian shall not affect Me v1lfdity o1 the Ordinance a5 0 bole or env Section. provision 9r Part thereof mf naiad -dad Invalid f ocan-stdb ucn6l. SileeliOn 1V. EffecliVe Dale. This QrdinnnCe shaft FF.• in affed offer 1s final nossose, cogroV0l and publication. Posted and approved this Igifi day Of May. 2021, SU3ru0e TeOOUe, Mayor Clerk aOIa FrVcnling. City P%_ gigc a� (2.® mai cop 1 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA SS JOHNSON COUNTY I, Ashley Platz, 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. 21-4857 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18'h day of May 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 27, 2021. Dated at Iowa City, Iowa, this 20th day of June, 2021. Ashley Platz Deputy City Cle r to OR° zt-u$s"l C-PRl3 Ocd. CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia Pa o-,2 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004744671 5/27/21 05/27/2021 $204.04 Copy of Advertisement Exhibit"A" SubscHbecCand s n to before me by said affiant this 27 day of May, 2021 Notary Public 1 7 Commission expires Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. 21-4857 Ordinance amending Title 0, entitled "Police Regulations" Chapter 8, entitled Community Police Review Board," to lengthen the time period to file o complaint and to allow the complainant to respond to the Police Chief's report. Whereas, Resolution No. 20-159 entitled "Resolution of Initial Council Commitments addressing Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents" contained 17 actions items; the action item in Paragraph 8 was a request to the Community Police Review Board (CPRB) fora "report and recommendationregarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the ICPD.. "; Whereas, the CPRE submitted 0 list of recommendations to City Council in a memo dated December 22, 2020; Whereas, Council desires to enact two recommendations while others await 10901 review and further Council discussion; and Whereas, I1 is in the City's interest t0 lengthen the time period to file a complaint from 90 to 180 days after the alleged misconduct and to allow a complainant 10 respond to the Police Chief's or City Manager's report. Now, therefore, be it ordained by the City Council of the City of Iowa City, town: Section 1. Amendments. 1. Title 8, entitled "Police Regulations," Chapter 8, entitled Community Police Review Board," Section 3, entitled Definition of Complaint; Complaint Process in General," Subsection D is amended by adding the underscore text and deleting the strike -through text as follows: D. All complaints to the board must be filed with the City Clerk within One hundred eighty (180) b H..tY (98) de, of the alleged misconduct. 2. Title 8, entitled "Police Regulations," Chapter 8, entitled Community Police Review Board," Section 6, entitled "Police Chief's Report to Board; City Manager's Report 10 Board" Subsection Ds amended by adding the underscore text as follows: D. copy board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the board shall be given to the Police Chief, the complainant, and the City Council. Th- corn •lainont shall ha - w- i'dni to •a s • oo• taus s own. e cam • dingo 5 response shall be considered part of the complainand the Police Chiefs or Lily Manager's response to the complainant" - res ons s all b- considered •art 0 r anaaer s re•or as ase cans are used in Chapter 8. Section II. Repealer. All ordinances and parts of ordinances in conflict with the hrovision of this Ordinance ore ereby repealed. Section 111. Penalties for Violation. The violation of any provision of this ordinance is a municipal infraction ar 0 simple misdemeanor. Section IV Severability. If any section, provision Or part Of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole ar any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, a5 provided by law. Passed and approved this 18th day of May, 2021. s\Bruce Teague,Mayor Attests\Kell ie Fruehling, City Clerkerepored by: Kirk Lehmann Associate Planner, 410 P Washington St, Iowa City, IA 52240 (R EZ20-0015) Ordinance No. 21-4856 Ordinance to amend Title 14 Zoning to allow the continuance and expansion of nonconforming drinking establishments when Overlay oDistrict 101OD)azanet and where vacant for of least two years. (REZ20-0015) Whereas, studies show that the increase in the concentration of alcohol-related uses 15 correlated to the overconsumption of alcohol, is correlated to the prevalence of underage drinking. andcontributes to on increase in violence and crime; and Whereas, in 2009 the City established spacing requirements for drinking establishments throughout lowo City (Ordinance 09-4341) due to the negative externalities associated with a concentration of drinking establishments such as bars and Pubs; and Whereas, in 2013 the City discontinued spacing requirements or drinking establishments outside lie central city and University mpact Area (Ordinance 13-4544) because a concentration of drinking establishments was less likelyto Occur such that spacing equiremenls were not necessary and were unduly restricting economic development opportunities 0 Outlying commercial areas: and Whereas, drinking establishments that were legally established of the lime the spacing requirements were adopted were allowed to continue as legally nonconforming uses, subject to special standards for nonconforming drinking establishment uses; and Whereas, it i5 reasonable to allow Me continuance and expansion of such legal nonconforming uses where such properties have not been able to establish viable alternative business uses and have remained vacant for at least two years as o result; and Whereas, i1 is reasonable for the City to incentive historic preservation by requiring the use of such provisions to be an property in o Historic District Overlay zone; and Whereas, the City's comprehensive plan seeks to preserve the historic main street character of the downtown. to encourage the retention and expansion of existing businesses, to attract businesses that hove growth potential and are compatible with Iowa City's economy, and to encourage new business development in existing care or neighborhood commercial areas; and Whereas, the Planning and Zoning Commission hos reviewed the zoning code amendment set forth below and recommends approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, lowo: Section I. Amendments. The Cade of Ordinances of the City of Iowa City, Iowa is hereby amended a5 follows: A. Amend 14-4C-2AA-2 by adding the following underlined language: Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria far special exceptions set forth in section 14-4B-3 of this chapter, the oapproRAscritearnid staabove onaar approval criteria listed below: o. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means efosynoteterhedMkingonfloors in t establishment and the accessary RSA. b. There shall be no horizontal expansion of the licensed drinking establishment, except as allowed per 14 -4E -5G; c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements ar condition Of the special exception, or except as allowed per 14 -4E -5G. B. Amend 14 -4E -5F by adding the following underlined language: Discontinuance Of Nonconforming Use: Except as allowed in subsection E and G of this section, a nonconforming use that is discontinued for a period of one year must revert to a conforming use or, in qualifying situations, o special exception may be applied for according to the provisions of subsection B of this section C. Amend 14 -4E -5G by adding the following underlined language and deleting the following stricken language: Nonconforming Drinking Establishments And Alcohol Soles Oriented Retail Uses: In addition to the other provisions in this section, the following provisions odor 10 nonconforming drinking establishments and nonconforming alcohol sales oriented retain uses: Any drinking establishment', as defined in this title, that was legally established prior to the effective dote hereof and that Is nonconforming with regard to the separation requirement between said uses, as specified in this title, may continue unless one or both of the situations occur. If one or both of these conditions occur, then nonconforming rights cease and the use must convert t0 a conforming 050: a. The liquor license lapses, is revoked or j5 discontinued, or the drinking establishment ceases operation, for a period of one year, except where: (1) The drinking establishment is located on property with a Historic District Overlay (OHD) zone; and Z) The drinking establishment is in a building that hos remained vacant for the previous two (2) consecutive years. There are changes to the use such that the use no longer meets the definition of drinking establishment". There hos been a change of use as defined in Section 14-40-50. 2. Any "alcohol sales oriented retail use', as defined in this title, that was legally established prior to the effective dote hereof that j5 nonconforming with regard to the separation requirement between said uses, 05 specified in this title, may continue unless one or both of the following situations occur. If ane or both of these conditions occur, then nonconforming rights cense and the useuse must convert to a conforming : a. The liquor license lapses, is revoked or is tliscanlinued far a period at one year; ar b. There are changesto the use such that the use no longer meets the definition of "alcohol re sales oriented recoil use". 3. For purpaes of this subsection, sidewalk cafes shall not be considered an expansion at a toaa66a nonconforming use. (Ord. 09-4341, 6-2-2009) 4. Nonconforming drinking establishments may expand as follows: a. Tto include a rooftop service area upon approval of a Special exception pursuant to the criteria set forth in article C, Accessory Uses And Buildings", of this chapter; and. (Ord. 15-4641, 9-15-2015) b. Where 0 nonconforming drinking establishment meeting the standards of 14 -4E -5G -la expands into property with a Historic District Overlay (01-1D) zone that hos remained vacant far the previous two (2) consecutive years. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance ore hereby repealed. Section proviSeverability.it 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 ar part thereof not adjudged IOValid ar unconstitutional. Section IV. Effective Dote. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 181h day of May, 2021. s\Bruce Teague, Mayor Attest:s\Kellie Fruehling, City Clerk STATE OF IOWA JOHNSON COUNTY ) )SS 1 w-r®A CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4858 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of June 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 10, 2021. Dated at Iowa City, Iowa, this 13th day of July 2021. r shley Platz Deputy City Clerk Ofd 2.1-41% Sin \a Fa.m;1%Silt. CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 edia ('5 .43 3 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavitsl 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 tha 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: 0004765657 6/10/21 06/10/2021 $113.97 Copy of Advertisement Exhibit "A" Subscribed an orn to before me by said affiant this 10 day of June 2021 Notary Public Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin iolim .04420091 to asil '41).40 0)051 0410 40 -04940 AO 1.6/ tftet 500005 a 611!x0000 1611144060, won W 1505445 oq 4404s pvo Dans O 410 (140'0144 1104)100 .641415 114311 11'4403144 4041 6040 50040 00503 401/000100 'Pun 0911405p 0 01 550100 0104040 1041 64100 uoplsapad 10 104:4,7x3 041 VIrMF A snv'1xw1 10 40.0 `l0auo^W050100950 4020 $704465 0041184P 10611301411 400.41 141 10 M0S4 100)/00 6444 11001 55.1 404 000440141 4000044 0441013.9 00013104 0000 0144 ul P°4001 tou 5044 4: 0!914 6015100 0900045100 44/00502 0 00 0300105 004140.49 4044754410 Iv404 411 44 9. 4 13.4010 O 1 bnw ds 02174010 00410034 044 40 (11 0174 1001044404 dnu16 PUo 6044 A10.061-131nS 5110.1.0001.10 050 104 0/ P3J0/004 30 00/4 •00/0 4)005 4.300 to 1;4/ 10010001 14031 10 A0 41510 Jo 4.0)006 Cu94.4u0- nutum.65 9041"453000005 00 14OUS00444 0310 1100404 0a0444134) 4045)0(40 444014 0414 10 -(55061 1003100 .6444 -44,100x. 100 A1w 15040--PanOa-1a53q!pP0 11.44.4 610004P 01-4403344 0014010 0 1041'64:00 011460000 10 oO41ds4/6 0441 114110. 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Wills lite escoplion c1 peOesltion Patin Thal provide 000015 t0 0 dwelling gall, Oddl?IonOl Ponied groatRl0 netexceed . filly NFCant Miro) of the Irani pnrincipal dwelling Sellfock area and Shell t* seoorOled 100tH COnfOrming Parking 500025 or aisles by at loast,n111C toot (P) of 0400 Para area tree el in:parvic- s surface, section 11. Repealer. All Ordi000005 and Parts Of ardinpn{es In conflict with the Provision of this Ordlnnnca oro hereby repealed. Section III. Severability. If any section. MOyisiOf Or pert ofthe InrdinOnCe a5rt1,_chvaf d or U4nFalpn0lel vd udication shalt t affect the alidity of the Ordinance as a whale Or onY seOtibn. provision or port therepof no ad1l000d involid or unconstitutional. Section IV. Effective Dote. This minaace Shall be in effect after publicalbnaos prrovincd by taw. Posted and approved This 1st day of June, 2021, staruce T0000e, Moyer Cltaorkt:51kcltto Fruohlino. Cie: =2..:.®m, III _ N CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. o rg STATE OF IOWA SS JOHNSON COUNTY I, Ashley Platz, 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. 21-4859 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the lst day of June 2021, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 10, 2021. Dated at Iowa City, Iowa, this 13th day of July 2021. Ashley Pia Deputy City erk 1 Ord 21-555 Pax \--\o-yr CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 P% es -'(c3 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004765666 6/10/21 06/10/2021 $73.82 Copy of Advertisement Exhibit "A" SubsClibed an.r'orn to before me by said affiant this 10 day of June 2021 Notary Public Commission expires i KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington 51., Iowa City, IA 52240 (3191 3565030 Ordinance No. 21.4959 Ordinance amending Title 10 entitled "Public Ways and Property." Chapter 9 entitled Parks and Recreation Regulations." to make pork closure hours uniform. Whereas, park closure hours vary depending On the pork' Whereas, the pork,' Recreation CammissIon recommends having uniform park hours: Whereas, because Blockhowk Mini Park. Chauncey Swan Park, and College Green Parkre lit all night and are part of the downtown fabric, they should remain open at all times; Whereas, other exceptions t0 the park closure requirement are the trails if being used as transportation and If the City grants authorization to remain open for an event, such o5 a softball tournament; and Whereas, it is In the City's Interest to adopt the ordinance. Now, therefore. be itrdolned by the City Council of the City of lowo City. Iowa: Section 1. Amendments Title 10, entitled 'Public Ways and Property.' Chapter 9, entitled ' Parks and Recreal on Regulations,' Section 2, entitled ▪ Prohibited Actions in Parks,' Subsection I i5 amended by add ng the underscore text and deleting the strike -through text as follows: 1.Except as provided far specified parks herein, occupy any park, N whether on foot or In a vehicle, or Permit--any---vehicle -to- remain harked--in-env.-pork-between-the ours-of-ten-thir'y o'clock -00;30# P.M. and -six-o'clock -(6:00) A.M. unless - granted special author -401k' by -the -City - 2 From ArnIho-hours shobe-(roam-ab eve h -- n 0-'CIMk-(1-14-00)-P. M. -to -Six -o'clock 1640)--A,M. in -City -Rork -and Mercer-Park,- 3.- ercer-Park3.- -0ecuoy,-whether on foot, on o non -motorized vehicle, or In a vehicle. or permit any vehicle to remain parked from dusk to down OI the ---following any parks: Waterworks- Prairie- Park Peninsula -Pork, Hickory H 11 Po"DDusk°means hrty (30)dminutes atter the time designated each calendar day as "sunset' and "dawn" means thirty (30) minutes before the time designated each calendar day as 'sunrise' by the United States Naval Observatory for Iowa City, Johnson County. Iowa. Said designations can be accessed on the City wobsite. via the ',Vernet at http://ao.usno novy.mil. 2. Exceptions: a) Blockhowk Mini Park, Chauncey Swan Pork, and College Green Park remain open of all times and are not sublect to the closure hours; b) persons may use trails a5 a mode a1 transportation from dusk to dawn; and c) the Director or designee may authorize persons to occupy a pork after closure hours for a specific event. Section II. Repealer. All ordinances and parts of ordinances in conflict with Rio provision at this Ordinance are hereby repealed. Section 111. Penalties for Violation. The violation of any provision of This ordinance Is a municipal Infraction or a SImPIC misdemeanor. Section IV. Severability. It any section. provl'slon or part of the Ordinance shall adjudged to unconstitutional, such adjudication shall not affect the validity of the Ordinance a5 a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect after 115 final passage, approval and publication. as provided by law. Passed and approved this 1st day of June, 2021. s\Bruce Teague. Mayor Attests\Kellie Fruehling, City Clerk A�a � r ®4S Arm 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, Ashley Platz, 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. 21-4860 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 26, 2021. Dated at Iowa City, Iowa, this 24th day of September 2021. twoirA Ashley Platz Deputy City Clerk 1 CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 State of Wisconsin County of Brown, ss.: ORO 2\-'lfsto O �e2ov+n \1D3a 1\'aS N.Ooo&z, Sk. CHyVee,) 8 P� \ °4 PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) AFFIDAVIT OF PUBLICATION 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 tha 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: 0004878970 8/26/21 08/26/2021 $202.84 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 26 day of August, 2021 Notary Public rrr Commission expires i KATHLEEN ALLEN Notary Public State of Wisconsin Ordinance No. 21-4860 An ordinance conditionally rezoning approximately 7.546 acres of land located at 1103 and 1125 N. Dodge Street from Community Commercial with a Planned Development Overlay (OPD/CC-2) to Community, Commercial with a Planned Development Overlay (OPD/CC-2) zone. (REZ21.0004) Whereas, Hv-Vee Inc. and LT Luis Associates, hove requested a rezoning o1 approximately 7.546 acres Of land located at 1103 and 1125 N. Dodge Street from Community Commercial with o Planned Development Overlay (OPD/CC-2) to Community Commercial with a Planned Development Overlay (OPD/CC-2) zone; and Whereas, the Comprehensive Plan calls for general commercial use in this area; and Whereas, the applicant wishes to construct permanent kiosk and conopy structures along the Property's north side; and Whereas, the subiect property abuts existing residential neighborhoods t0 the west and north; and Whereas. the Comprehensive Pion further calls for appropriate transitions between residential neighborhoods and higherI dntensity commercial evelopment: and Whereas, there Is a public need to maintain previously established buffering to the west; and Whereas, there is O public need to maintain previously established controls limiting the quantity and placement of signage along the west and north sides of the subiect property; and Whereas, there is a public need to ensure that buildings and structures ore of a quality design. Oppropriole far property abutting O residential neighborhood; and Whereas there is a public need to install landscaping th01 will provide a mare aesthetically pleasing transition between the residential structures to the north; and Whereas, the Planning and Zoning Commission hos determined that, with reasonable conditions regarding satisfaction of public needs through provision of o 35 ft. butter otong the property's west side, limitations 10 the quantity and plOceme0t Of signage heightened review of building and structure design, and additional landscaping, the requested zoning Cs consistent with the omprehensive Plan. Now. therefore, be it ordained by the City Council of the City of lowo City. Iowa 2110E Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and Incorporated herein, the property described below 15 hereby classified Community Commercial with a Planned Development Overlay (OPD/CC-2) zone: LOTS 1 AND 2, ROBERTS DAIRY ADDITION, IOWA CITY, JOHNSON TOTHE PL THEREOF RECORDED IN BOOK 58, PAGE 334, PLAT RECORDS OF JOHNSON COUNTY. IOWA. Section I1. Zoning MOP. The Building Inspectors hereby authorized and directed to change the zoning map of the City of IOWA City. Iowa. t0 conform 10 this amendment upon the final Passage, approval and publication of this ordinance by low. Section III. Conditionol Zoning Agreement. The mayor i5 hereby I 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 apprOvol of the Ordinance, the City Clerk i5 hereby authorized and directed 10 certify O COPY Of this ordinance and to record the same, of the office of the County Recorder of Johnson County Iowa, of the owner's expense, oil 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. Severobilify. If any section, provision or port Of the Ordinance shall be adiudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision Or port thereof not adjudged invalid ar unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after Rs final passage,approval and publication, as provided by low. Passed and approved this 17 111 day Of August, 2021. s/Bruce Teague, Mayor Attest:s/K ell le Fruehling, City Clerk Submitted for publication on 8/26/21 Conditional Zoning Agreement This agreement Is mode among the City of Iowa CliIowa, O municipal corporation hereinafter City'), Hy -Vee Inc. hereinafter referred to as "Owner" . Whereas, Owner is the legal title holder of approximately 7.546 acres o1 property located at 1103 and 1125 N. Dodge Street, legally described below; and Whereas, the Owner has requested the rezoning of said property t0 allow for development of an aisles online kiosk and canopy,with enhanced landscaping as swn in the attached Plan; Whereas, the Comprehensive Plan indicates that the subject area Is appropriate forgeneral commercial development; and Whereas, the Comprehensive Plan establishes goals to plan for appropriate transition between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhoods; and Whereas. this rezoning creates public needs to provide a buffer between the proposed commercial tlevelopmentane existing residential areas t0 the west, limit negative externalities that may occur from excessive signage along the property's periphery. ensure that structures ore of a quality design, and preserve existing trees and enhance landscoping t0 the north; and Whereas, the Planning and Zoning Commission hos determined that, with appropriate condition regarding a buffer along the properly 5 west side, limitations on the location Of signage requirement Of all buildings and structures, Including Canopies, to be approved by the Design Review Committee. x0eepreservation existing evergretrees and mature screening, and enhanced landscapi0g as shown i0 the updated OPD and Landscape Plan the requested zoning is consistent with the Comprehensive Plan- and Whereas, lowa Code 5414.5 (2021) 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 agrees to develop this property i0 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. Hy -Vee Inc. is the legal title holder of the property legally described Os: LOTS 1 AND 2, ROBERTS DAIRY ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA THEREOF RECORDEDEIN B00K T 58, PAGE 334, PLAT RECORDS OF JOHNSON COUNTY. IOWA. 2. Owner acknowledges 11101 the City wishes t0 ensure conformance t0 the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Cade 8414.5 (2021) 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. 3. In consideration of the City's rezo0ing the subject property. Owner agrees that development of the subject property will conform all other fegareis of the eswell at following conditions: a. A buffer area generally consistent with the attached plan shall bep established a ang the rezoned to OCC r2 Thiof bu the must be screened to the 53 tandard. Wherever the buffer area Is less than 35 feet a masonry wall shall be provided consistent with the attached plan. b. No signs shall be permitted within the 35 -foot buffer. or 0n the north and /or west sides of the convenience store facing the residential development, except for O monument sign at the Intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free Dodge g Streetpe frontad Otheer fascia and monument signs are permitted as per the code. C. Any building or structure including canopies shall be of o quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metol roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior t0 the City Issuing a building permit. d. Existing evergreen screening and mature trees will be fterroe9heOnorthwest side hpprtywrepossibe e. Development and landscaping shall be generally consistent with the attached plan, dated 06/08/2021. 4. The conditions cantalned herein are reasonable conditions to Impose an the land under Iowa Code 9414.5 (2021), and That said that 'area caused satisfy ,he (requested zoning change. 5. 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 os a covenant with title to the land, unless or until released by the City of Iowa City. Once 0 building permit is issued or certificate Of occupancy )s issued, as applicable. the conditions shall be deemed willsfibe providedf. urThe parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns Olfhe parties. In the event the subject property j5 transferred soltl redeveloped, ar subdivided, all developmentwill conform with the terms of this Conditional Zoning Agreement. 6. Nothing in this Conditional Zoning Agreement shall be IrOm r complyingd to li we hall thebwner other applicable local, state, and federal regulations. 7. This Conditional Zoning Agreement shall be incorporated by reference Into the ordinance rezoning the subject property. and that upon adoption and publication Of the ordjnonce, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Doted Ihis 17th day of August. 2021. City Of Iowa City 5/Bruce Teague. Mayor Attest:s/Kellie Fruehling, City Clerk Hy -Vee, Inc. s/Rischord Hurd, Manager p�a.-t;a STATE OF IOWA )SS JOHNSON COUNTY I ®rte t _III avigulaW CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4861 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17'h day of August 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 26, 2021. Dated at Iowa City, Iowa, this 2401 day of September 021. shley Platz Deputy City Cle ORb z\- 4,b1 50\'t a W �skc F -c S CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 p€Pnedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004875436 8/26/21 08/26/2021 $55.04 Copy of Advertisement Exhibit "A" JinJ Ltd 1r ✓✓vt Subscribed and sworn to before me by said affiant this 26 day of August, 2021 Notary Public Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Ronald Knoche, Public Works Director, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5138 ORDINANCE NO. 21-4061 Ordinance amending Title 3. entitled "Finances, Taxation & Fees", Chapter 4, "Schedule of Fess, Rates, Charges, Bonds, Fines and Penalties", Section 5, solid Waste Disposal" Whereas, the Resource Management Division has transitioned to carts for trash and recycling, and now yard waste 10 improve operational efficiencies and staff safety; and Whereas, beginning July L 2021, curbside crews will no longer pick up containers provided by residents; and Whereas, the City will offer additional Optional yard waste collection carts for customers' convenience; and Whereas, the additional carts will incur additional costs for the City to keep a supply available; and Whereas, the City will provide additional vord waste carts to customers for additional fees; and Whereas, the Landfill no longer charges customers for wood chip mulch in order 10 keep the SUPplY moving: Now, therefore, be It ordained by the City Council of the City of Iowa City. Iowa: Section I. Amendment. Title 3, Chapter 4, Section 5 entitled "Solid Waste DiSpos01" IS amended by adding the underlined text as follows: Description Of Fee, Charge, Bond, Fine Or Penalty Charge Yard waste collection fees: Per dwelling unit, per month 32.00 Low income discount 75 percent of monthly charge Untreated wood waste Free Additional yard waste carts over 1, per month $200 Section II. Amendment. Title 3, Chapter 4, Section 5 entitled "Solid Waste Disposal" is amended by remOVing the 510.00 per ton and 32.00 minimum charge for Wood chip Mulch and adding the underlined text as follows: Description Of Fee, Charge, Bond, Fine Or Penalty Charge Wood chip mulch No charge Section III. Repealer. All ordinances and parts at ordinances in conflict with the hvisions of this Ordinance ore ereby repealed, Section IV. Severability. If any section. provision Or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such validity liotn the Ordinanceecf as whole or any section, provision or part thereof pot adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect upon publication. Passed and approved this IJIh day of August, 2021. 5/Bruce Teague, Mayor Atlest:s/Kellie Fruehling, City Clerk Ir 1 �__ _III con ainir 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, Ashley Platz, 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. 21-4862 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of August 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 26, 2021. Dated at Iowa City,.lovva, this 24th day of September 2021. shley Pla Deputy City C ORO .21- 4Sb2 17i a\cam-1_Q.,WeA,� eters Pe-wu+-r i CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 Pevaq Ha —6a PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits) 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 tha 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: 0004875189 8/26/21 08/26/2021 $53.43 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 26 day of August, 2021 Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, lowo City, IA 52140; 319-356-5030 ORDINANCE NO. 21-4062 Ordinance Amending Title 5. Entitled "Business and License Regulations.' Chapter 2, Entitled "Taxicabs/ to allow tor flexibility in the requirements tor pedlcab lettering. Whereas, pedlcobs and taxicabs Ihot ore motor vehicles have some of the same Code requirements: and Whereas. the lettering boquirements are the same for th, but because pedicabs ore smaller than motor vehicles and vary in design, the lettering requirements for Pedicobs should be flexible; 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 Iowa CItY. Iowa: Section 1. Amendments. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "Vehicle Requirements," Subsection C2 is amended by adding the underlined text as hollows Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one -holt inches (4112'1 in height. Removable signs and peel 011 Tetters shall not be allowed. 11 a phone number is provided, the that �appears� one sthee eoiicab business application and rate card. All other letters and three of inches n13') greater eight Lettering may be allowed on a window, i1 approved by the City Equipment Superintendent or designee. Notwithstanding any provision herein, the lettering requirements for Pedicobs shall be set by administrative rule. Section II. Repealer. All ordinances and Parts of ordinances in conflict with the hrovision of this Ordinance are ereby repealed. Section 111. Severability. If any section, provision at part of the Ordinance shall be odiudged to be invalid or unconstitutional, such adjudication shall not affect Inc validity of the Ordinance as a whole er ony section, provision or part thereof not adiudged invalid or unconstitutional. Section IV. Effective Dote. This Ordinance shall be in efiecl after Its final p05509e, approval and publication. as provided by low. Passed and approved this 12th cloy of August. 2021. s/Bruce Teague, Mayor Attest :s/Kellie Freehling, City Clerk Submitted for publication 8126/21 STATE OF IOWA SS JOHNSON COUNTY 41:14;2117; tt %-efierate ma I liar CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Ashley Platz, 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. 21-4863 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the Th day of September 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 16, 2021. Dated at Iowa City, Iowa, this 15th day of October 2021. Ashley Pla Deputy City CITY OF IOWA CITY 410 EWAHSINGTON ST IOWA CITY, IA 52240-1825 ORO z1-Lwe3 JoLui.dk i n ces R(3\b3 C-Ille0-1.A 0,7_)4 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: Pte'° -6z PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK 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 the Iowa City Press Citizen on the following dates: Ad No. Start Date: Run Dates: Cost: 6000066167 9/16/2021 9/16/2021 $278.29 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 11th of October 2021 Notary Public Notary commission expires 1_7 J� KATHLEEN ALLEN Notary Public State of Wisconsin Prepared by: Ray Neither, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 6/AC20-0003) Ordinance No. 21-4863 Ordinance vacating approximately 6,098 square feet of public right-of-way running north from Lafayette Street east of S. Dubuque Street and authorizing conveyance to Gilbane Development Company (VAC20-0003) Whereas. Gilbane Development Company the buyer of 700, 710, 720, and 730 S. Dubuque Street and 220 Lafayette Street, has requested that the City vacate and convey to the it approximately 6,098 square feet portion of right-of-way running north from Lafayette Street east of 5. Dubuque Street to facilitate redevelopment of said right-of-way and adjacent properties; and Whereas, this right-of-way currently contains sanitary sewer and private utilities, and provides fire department access to said adjacent properties; and Whereas, this right-of-way currently contains sanitary sewer and private utilities, and provides fire department access to said adjacent properties; and Whereas, upon redevelopment, however, these uses will no longer be necessary; and Whereas, staff recommends vacation of the right-of-way, contingent upon the retention of an access easement, private utility easement, and sanitary sewer easement for so long as the adjacent properties ere occupied, and a new sanitary sewer has been built in a location accepted by the City; and Whereas, at its meeting on July 1, 2021, the Planning and Zoning Commission recommended approval of the vacation. subject to the retention of said easements. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1 Vacation. The City of Iowa City hereby vacates that portion of public right-of-way shown on the attached Vacation Exhibit and described as follows: A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT5 THRU LOT 8 IN BLOCK 18, IN THAT PART OF IOWA CITY, IOWA, LAID OFF BY THE COMMISSIONERS OF JOHNSON COUNTY, IOWA. AS THE COUNTY SEAT OF JOHNSON COUNTY, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 Si 2. PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA, AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT. Section II Conveyance. The Mayor and City Clerk are authorized to execute all documents necessary. in forms approved by the City Attorney, to convey any interest In the above-described property to Gilbane Development Company via warranty deed for 5121,960.00, subject to the terms and conditions of the purchase agreement executed by the City Manager on July 1, 2021, which is hereby ratified. This authorization includes the authority to execute any necessary easement agreements or releases thereof upon approval of the City Attorney. Section II Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. It 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 se 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. Pa sed and approved this 7th day of September 2021. s/ ruce Teague, Mayor Attest:s/Kellie Fruehling, City Clerk Su milled to publish an 9/16/21 Vacation Exhibit SOS ,1"x'SO e� IOWA INTERSTATE RAILROAD 22' 53'E 150.00' NOV SD 07"W 1684' 89' 09' 536E 19.84' 58]33'44-E 11689' h -A \ \ p C / Dui / Cr ' f isc 7 PP m il /2^ 1116 0 m%m a — ,o,w V o ;:aa' P1;ot551p O/N `Ott Zi afOf 10 '/� 48* r- o z ROW VACATION // — 0.14 ACRES - / .,,,. __ _ 1 / 2 -Lo 0 r, 585'21'34"W 148.59' 589'21'34"W�' LAFAYETTE STREET 20.01' N00' 52' 18.W_/ SST 21' 34°W 91.10' 40.00' CRANDIC RAILROAD 1 as — 1 j 214 —I SAW etiovE s. a WITCH 11 LEGAL DESCRIPTION A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT 5 TIIRU LOT 01N B OCK 18, IN THAT PMT OF IOWA OlY, IOWA, LAID OFF BY THE COMMISSIONERS OF JOHNSON COUNTY, IOWA AS TIIE COUNTY SEAT OF JOHNSON COUNTY, ACCORDING TO THE PIAT TH RIOT RECORDED IN HOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA, A5 SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT. XIOM COSSL;TANTS 10w.vecAnos Eno BIT rmvl 0 30 60 I OF 1 P 2 =--to 2 I r 1 !r ..®� tsa; Il ,t .. amemiiiir 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, Ashley Platz, 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. 21-4864 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of September 2021, all as the same appears of record in my office and published in the Iowa City Press -Citizen on September 29, 2021. Dated at Iowa City, Iowa, this 15th day of October 2021. q Tashi PIS Deputy City Clerk CITY CLERK CITY OF IOWACITY ICPD 410 E WASHINGTON ST IOWA CITY IA 522401825 State of Wisconsin County of Brown, ss.: ORP 1\ -‘49)L°1-\ S}orAP`t ��0---k, 2_ PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK This is not an invoice # of Affidavits: 1 AFFIDAVIT OF PUBLICATION 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 the Iowa City Press Citizen on the issues dated: Ad No. Start Date: Editions Dated: Cost: 0004930120 9/29/21 09/29/2021 $266.00 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 4th day of October 2021 Commission expires KATHLEEN ALLEN Notary Public State of Wiscorsin Ordinance No. 21-4864 Ordinance amending Title 14, Zoning Code to allow self-service storage uses by special exception 1n CC -2 zoning districts. (REZ21-0007)) Whereos, self-service storage uses are considered an industrial land use and have historically only been appropriate for zones Intended t0 accommodate more land -intensive commercial operations, uses with significant amounts of outdoor storage, and light industrial uses; and Whereas, the Title 14. Zoning currently allows self-service storage uses in Intensive Commercial (CI -11, General Industr,ol (I-1), and Heavy Industrial (I-2) zones; and Whereas a recent trend towards indoor, cllmote-controlled self-service storage uses produces a different facility that mitigates the historic negative externalities of such a use; and Whereas, the retail landscape hos changed significantly in recent years with reduced demand for large -Scale retail spaces, increased demand for smaller retail footprints, and businesses co -locating with other uses not Traditionally associated with retail areas; and Whereas, these trends con lead to large, vacant retail spaces and eventually blight; and Whereas, the purpose 0f the Community Commercial (CC -2) zone is to provide for molar business districts to serve 0 significant segment of the total community population with 0 variety Of retail goods and services, and a number of land uses, including residential, commercial, institutional/civic, and limited industrial uses; and Whereas, t0 facilitate the adaptive reuse of vacant large-scale retail spaces, this zoning code text amendment would allow se t -service storage uses in CC -2 zones by special exception; and Whereas. by a lowing this type of use only as a special exception, the Board of Adlustment can ensure that such uses can inue Io meet the intent of the CC -2 zone by requiring accommodation of other allowable commercial uses along the front facade and by applying enhanced design standards; and Whereas, the Planning and Zoning Commission hos reviewed the zoning code amendment set forth below on September 7, 2021 and recommends approval. Now, therefore, be it ordained by Me City Council of the City of Iowa City, Iowa: Section 1. Amendments. The Code of Ordinances of the City of lowo City, lowa is hereby amended by adding the following underlined language: A. Amend Table 2C-1 in 14-2C-2 as follows: Table 2C-1: Principal Uses Allowed in Commercial Zones Use Categories Subgroups CC -2 Industrial uses: Industrial service uses Manufacturing and production uses General manufacturing PR Heavy manufacturing Technical/light manufacturing PR Salvage operations Self-service storage uses 5 Warehouse and Ireight movement uses Waste related uses Wholesale sales uses B. Amend 14 -4B -4C by adding the following thereto: 10. Self -Service Storage in CC -2 Zones. a. All self-service storage units or areas shall be completely within conditioned space, as defined in the Building Code. No outdoor storage is allowed. b. Self-service storage units shall not be individually accessible from the outside. and no more than 2 garage or overhead doors shall provide access into the building. Said doors shall only be provided at the rear of the building. C. A substantial portion of the front building facade must accommodate other allowable commercial uses. Self-service storage uses are not allowed within the first thirty feet (00) of the front building depth as measured from the overhang of the roof, except for the primary entrance to the self-service storage areas. This primary entrance shall not exceed thirty percent (30%) of the width of the self-service storage use's building facade and may consist of a hallway, lobby. and/or retail storefront. Individual self-service storage units shall not be allowed within this primary entrance area. d. Buildings containing self-service storage uses shall be considered O large retail Use a5 it relates t0 the site development standards set forth in Section 14 -2C -6K. Section 11. Repealer. All ordinances and parts of ordinances in conflict with the provisions Of this Ordinance are hereby repealed. Section III Severability. If any section, provision or part of the Ordinance shall be adjudged 10 be invalid or unconstitutional, such adiudication shall not affect the validity of the Ordinance as a whole or any section, provision or port thereof not adjudged invalid or unconstitutional. Section IV. Effective Dote. This Ordinance shall be in effect after its final pass0ge, approval and publication. PosSed and approved this 21st day of September, 2021. s/Bruce Teague, Moyar Attest:s/Kellle Freehling, City Clerk ®aI Crop Alt Aso inkir 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, Ashley Platz, 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. 21-4865 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 10th day of October 2021, all as the same appears of record in my office and published in the Iowa City Press-Citizen on October 28, 2021. Dated at Iowa City, Iowa, this 15th day of November 2021. -- . , � � A _ 'i < ' Ashley Platz `f ,': Deputy City C - Y la °RD 2\- 4bta5 --k2 i PRESS-CITIZEN MEDIA Rot�.eske� PART OF TH E USA TODAY NETWORK Sneed l ivn }s CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affidavits) 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 tha an advertisement, a printed copy of which is attached as Exhibit"A" and made part of this affidavit, was printed and published in the Iowa City Press Citizen on the issues dated: Ad No. Start Date: Editions Dated: Cost: 0004968247 10/28/21 10/28/2021 $135.65 Copy of Advertisement Exhibit"A" -41 Subscribed 01 sworn to before me by said affiant this 28 day of October. 2021 /$ /) fie—___ Notary Public 213 Commission expires KATHLEENALLEN Notary Public State of Wisconsin Wa hinefon S1ree]Iowa City 1/%4. a;319-3565]9ng. Planner, 410 E. pOV D. Ordinance No.21-4865 1 d Ordinance amending Title 9, entitled 'Motor Vehicles and Troll lc,' Chapter 3, entitled -Rules of the Road,' Section 6. entitled 'Speed Restrictions,' Subsection B,entitled 'Exceptions," to modify the 35 MPH speed zone for Rochester Avenue. Whereas, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways: Whereas, the current 35 MPH zone ends al the east leg of the intersection of 1st Avenue and Rochester Avenue;and Whereas, the existing 20 MPH School Speed Zone begins at the west leg of the intersection of lsl Avenue and Rochester Avenue;and Whereas.on the basis of a traffic observation it hos been determined that relocating the terminus of the 35 MPH zone to a point further east of the intersection of 1st Avenue and Rochester Avenue will providemore visible transition in advance of the intersection and the existing 20 MPH School Speed Zone;and Now, therefore, be it ordained by the City Council of the City of Iowa City,Iowa: Section I.Amendment 1. Title 9, entitled "Motor Vehicles and Traffic,' Chapter 3, entitled "Rules of the Road," Section 6,entitled 'Speed Restrictions," Sub-Section B,entitled'Exceptions'is hereby amended as follows: Name of Stree Where Limit Applies Rochester Avenue From the intersection with First Avenue a point 100 feet west al Post Road east to the City limits Section II.Repealer. All ordinances and Ports of ordinances In conflict with the provision of this Ordinance are hereby repealed. section III. Severability. If any section. provision or Port of the Ordinance shall be adjudged to oe invalid ar unconstitutional such adtudicaltan shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adiudeed invalid ar unconstitutional. Section IV. Effective Date. This Ordinance shall be effective upon publication. Passed and approved this 19th day of October,2021. s/Bruce Teague,Mayor Attest:s/Kellie Fruehling,City Clerk Submitted to publish on 10/28/2021 w^fir®ya earmagr 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, Ashley Platz, 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. 21-4866 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of November 2021, all as the same appears of record in my office and published in the Iowa City Press-Citizen on November 24, 2021. Dated at Iowa City, Iowa, this 28th day of December 2021. r' shley Platz Deputy City Clerk • ieif-: ,'U i:••.....•(S •` p4rl N.'.114aoerea^ ORO 2\ 111010 . tediaFbrm-thase,a. 2ov�e5al t Sa- kay.dcvr 5 <...., _. (D 10 3 e-a0LA-A Olskr,Lk PRESS-CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affdavitsl 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 tha an advertisement, a printed copy of which is attached as Exhibit"A" and made part of this affidavit, was printed and published in the Iowa City Press Citizen on the issues dated: Ad No. Start Date: Editions Dated: Cost: 0005009446 11/24/21 11/24/2021 $101.69 Copy of Advertisement Exhibit"A" r Subscribed and sworn to before me by said affiant this 24 day of November, 2021 Notary Public 17 Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Ordinance ito.21-4866 Ordinance) amending Title 14, SWdivvision a ono then Iorm.bbseed P .2 '-(, 3 zones and standards corsislenl with the South District Plan (REZ21-0]051 On November 16. 2021. the city caned passed and adapted Iha above titled Ordinance. The following is a summery of said Ordinance.n 1P OrdinanceOn The City Clerk, P9 0. 4yashinaNen ettre e� Iowa City, where bininess hours are 8 O.m:5 Mtn-. Monday-Friday. This ordinance becomes el leetiva unit pupil CoionC In Iaccordance wit 260. This ordinance amends Chapter le-2 �r��) by adding Article H whirls creates form ,l zoning designations and standards, as sortunarized below. This ordinance also includes other amendments dm one) loTitle15 +,Land bCetweeeenl She new form.b sed longs OM existing Cade regulations. Section 14-211-1: Introduction. The Intent at the now lorm-bosod regulations 's la development that reinforces est highly valued character and scale of lawO City's urban centers. notapborhopoodds ocorridors with o mix of hmisowlag, civic, retail and service uses in a compact. vnelkable, and transit-friendly environment. The introduction covers the Intent of theode. summarizes the zoning districts , covers applicability, and outlines rezoning approval criteria and reouireftlents related 10 submissIOn 01 a nelgnborn000 plan Section 16251-1: Zones. This section creates live zoning districts: T8 Neighborhood Edge ZonneeAITZNE). TJ Neighborhood Neighborhood Smalll TZEoneeIrf4Nsi' Ti( Neighborhood Medium Zane (TAMS). arid T4 Main Street Zone to building types. height. building placement, encroochmenl Into setbacks, parking frontages, and signs are included in this section. Thi section2 createse the various land uses that ere permitted, allowed with provisions, or allowed by special exception for each form-based zone.The section Ouu aident a oswhore accessory Seeilan 1 2T d; Site Standards. This section creates standards far anda5l�anldIingal Withiinln!Oren-Cased stmdardss also be adjusted. 'nC0 standards 144H-S: Civic Space Type Standards.This section establishes standards applicable to land)In the ownned)redl or cilvic - galhering purpases, including civic spaces and civic buildings. It describes fed mmfollowing civic space types: Porr✓Pioza,Green. Plaza,lgrounC Community nd142Gorden, 6: Build'ingQs:aTyne SStanndard3s. TOsis Section sets forth Individual Ibu4Idr lna iwytlpaonl at achieve the intended ohnlcoP Character Of each form-bused zoness;and provide battling choices witihinnlwalkable einhbseamenities. section creates standards for the following /wading type's: Carriane House,House Large House Smell, Fuplex Side-by-Side. Duplex locked. Collate Court Multiplex mall, multiplex Large, Townhouse, Courtyard Building Smog. Courtyard Building Large, and Main Street Building. EletlontSfceanzrds. 1nIh119rWlont sub lements the zone standards to further refine the intended building form and physical character. Section soInYY esancerds.Thisstelinabli standards for all building frontages to provide the transition and Interface betwee(n Meulic realm (street and sidewalk) and the private ealayard and buildingee:a Sets standarrds fore the Setd fattening !rootage types: Porch PrOlectIng. porch Engaged Oooryord, toop. Forecourt, Maker Shopworn. SIsceIront. Terrace, Gallery, and Arcade. Section Thoroughfare Sto�Hds. con creates oare al street thoroughfare types to support the iantended Physical charade/ of odVf m tof -based zones, provides mini-modalandares Interconnected in a network that disperses vehicular traffic with multiple routes 10 designations. and ensures moat streets serve the needs el all users. Section 10.214.10: Affordable Housing Incenlives. This section creates incentives for affordable housing through density bcnuse'y and waivers from standards. Suc11 as height. The following teclions were also emended to ensure Consistency wish the new form!ffised zones and 1rOndards:n tcOLRUIt ua USrHUOP w PaO!w'2 AMD 'OUIWan,d O!ilaan450141% Waj Old I0A01q•U'0S J!UOZO'N6 'L UZ ,3QWaAOl4 IC ADp'09!s!UI ;anoxic!'"pub Nand =Iua 0�dwl Pv noon PUO sO,PAUb1S rtUOImC CCSL ,.IPUP .sa,+P000ld ::upind P00 slold 'ASI al0laQtD ..IIDII!U!PO .I bxS ..0 IIUIIaO -sJUOWDJinbba! usfluo YPIIUDI0H PUOIPOO)/r •i-'g a 00j '54)1)1510 LpaW UOJ!AU3 6U lub,l 'OS�i-rt 'S5OUsalj l4e'1 ,c 1 JD,1Ub) IDD!segd r-9ge1 2 AO panlwfld :U IS `L S--vs '11.1151-1 [:pmcual5 Upub UO!IUO ! DIDOJIIVO) q01-a P� p,om 10 salad 1-01-PL tnvrvw,d .71 1 MIIMIM:IMPAMOZZa54 at caij ti .81 ra.ar__ 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, Ashley Platz, 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. 21-4867 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 30th day of November 2021, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 9, 2021. Dated at Iowa City, Iowa, this 28th day of December 2021. \ Ashley Platz�� • �` - "`..i Deputy City CI- ie;A Cif t tnn la be 21 - kb6-1 i. .f Pa -10a AYv1C&An R,\ PRESS-CITIZEN MEDIA 11 PART OF THE USA TODAY NETWORK Sf,Q➢ /> 1 M; T CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affidavits) 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 tha an advertisement, a printed copy of which is attached as Exhibit"A" and made part of this affidavit, was printed and published in the Iowa City Press Citizen on the issues dated: Ad No. Start Date: Editions Dated: Cost: 0005028464 12/9/21 12/09/2021 $31.77 Copy of Advertisement n Exhibit"A" /tuti1, Lc Subscribed and sworn to before me by said affiant this 9 day of December, 2021 Lary Public r7—ac Commission expires KATHLEEN ALLEN Notary Public State of Wisconsin Ordinance No.21-4867 Ordinance amending Title 9 entitled 'Motor Vehicles and D A� entitled' Chaptertor3, entitled ff. Rules of the Road.' Section 6, entitled 'Speed Restrictions," Subsection B, entitled Exceptions' to modify the 35 MPH speed zone for American Legion Road and Muscatine Avenue. Whereas, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways;and Whereas the current 35 MPH Speed Ione extends tram a point 100 feet east of Juniper Drive On Muscatine Avenue and continues o east American Legion Road, from Scott Boulevard la Taft Avenue;and Whereas, in conioncfmnTh the reconstruction of the portion of American LegiOn Road, between Scott Boulevard and Buckingham Lane, and upon the basis of an engineering and trail is investigation and the engineered design speed of the new rood segment, the speed limit west of uckintam Lane should be reduced to 25 MPH. Now, therefore, be it ordained by the City Council of the City of Iowa City,Iowa: Section I.Amendment I.Title 9,entitled 'Motor Vehicles and Traffic' Chapter 3, entitled 'Rules of the Road; Section 6, entitled 'Speed Restrictions.' Sub-Section B. entitled •Exceptions' is hereby amended as follows: Name of Street Where 35 MPH Limit Applies American Legion Road Between the Intersection of Scott Boulevard Buckingham Lane and the Intersection of Taft Avenue, except as set fourth in subsection C of this section. Muscatine Avenue Frshnt 100 feet east the inteect ray i 1Twith—Juniper—Orlvlve-to th Section II.Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance Ore hereby repealed. Section III. Severability. If any section. provision ar part of the Ordinance Shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Odinance os o whole or any section, provision or part thereof net adjudged invalid ar unconstitutional. OrdinancIV. e shall be effective upon publication, and approved this 30th day of November,2021. s/Bruce Teague,Mnyar Attest:s/Kellie Freehling, City Clerk Submitted to publish on 12/09/2021 r eiMlimma • At el MeEMIT 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, Ashley Platz, 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. 21-4868 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of December 2021, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 23, 2021. Dated at Iowa City, Iowa, this 13th day of January 2021. / r `.YSnf4 \ /.A_O A YF - Ashley Pla r (k Y,;. ::/ ' .. Deputy City • { (t , 0 f ' • t' JN3iedia ORO 21-4108c� 1 PRESS-CITIZEN MEDIA �LZprfL LCC1,IST4"f PART OF THE USA TODAY NETWORK 4- CITY CLERK �YCXS�de, Pc v•-e- CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affidavits: 1 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 the Iowa City Press Citizen on the issues dated: Ad No. Start Date: Editions Dated: Cost: 0005049218 12/23/21 12/23/2021 $188.93 Copy of Advertisement Exhibit"A" Subscribed and s cin t. before me by said affiant this lth day of Fe ruarv. 2022 Notary Public Commission expires SARAH BERTELSEN Notary Public State of Wisconsin Q. --8a Ordinance No.31486! the tems and conditions of the municipal Corporation(hereinafter An orinanc9C cdMnlanelty Conditional canine Agreement City-1. Colep] ation(ynerei LLC. Owner acknowledges that the rezoning approximately 5.81 acres a prop i ndovept to ensure hereinafter referred le °s us wishes to ensure conformance pU OrppalY located oust of S. apOrppri010 oevClOpmenl In 'Ns SOwner'and as'APP Icanl to the principles of the Riv f MO DL and north of area o1111C C11Y. Whereas, owner Is the legal title I Comprehensive Plan. Further. MC O Iisler Blvd. from HI9h' °w.City,..;,....be t ordained br holder°f approximately 5.91 acres Wet acknowlCUgbs I al lama densityppsingle-family resident qqpe Ouncll o the Ito of 01 property lathed east of S Code.44145 (2021 pr°vpdes Iha; $ 1] Po high with a Iowa CilIC. C I Riverside Dr. !and north of the City p( Iowa�Ity may Imapse 41@nglC-1)amlly fCSIhigh den a ecilan Approval. Subject to the Mccollisier BIW.. legally reasonab a condit ons on granting dcv I ¢el overlay `°"d t10n01 zoning µere0menl described below;andi a retailing request, OVCr and plannedpgaM attached hereto and Incorporate Whereas, the OO[[ p0 Whereas, the Applicant hes ab°v1e Intl ie need regulations, to Whereas. Inc apillsC eq Cole's Is ti r, property deern n n niftybelow rropertyd the rezoning of solo ellsty Duthie OCetls caused by the Community.LLC,has requested a s lea ty resid Ilial with 0 property to allow for the requested change. a. S.lRi er yr0pCf1Y 10Ca1Cd Cas SIIpIP1Or 12 rMI°C1111a1 w ° manufI0t1 of r existing 3. In consideration of the City's °t S. Riverside Dr. ant "vein °I pt°"m dCve°OmMI overlay maansion d loos n9 park. as rezoning the soblat proper? McCollister Blvd. Ilam 1119 Port ((OP'^"S-1])� snOwT In the attached plml'and Owner agrees that development of density sin le•lamresidential Part 1 Lot 3 in POUmI'6 Y/tMreas. Ino Compr hen AVB Plml the subleci property will Conform g Rharles lSlan OI L Is 1 ant 4 Of Q 9 ythe (RS-17 1° nigh density esubd 5 °°IVIS 01 In neverOgC}am KOf h0U41np Ovide to all other requirementswelof the sianel1))omlly r¢sltlCntlal with a y 9 n CII nel9hafnoeds l0 rayMv Zoning Cute °s well as the p0OPDIU aevelopmtnt evertor lowest W o suns sou 1w 0l optic is for nWseholds of a t types following condillons: (OPD/R9.131:oM Mtl°n ]2. TOwmznlP 79 North, and popple at°ll Incomes;and 0. Prior to ISSuaaC of any holder 9 Owner IS the legal title ang0 6 West of the 5th P.M.. Whereas, the bub eco properly is occupancy permit for the sublect When properly ca ted l5.61 $ Iowa City. Johnson COanIY. Iowa, directly OdlaCnl to exiSling properly, Owner 511°11 construct a 01 01eco Paled east of acres described as: manufacture°housing t0 the west storm shelter in general Mcvceoliltlp Dr. and le °( Beginning0l °t the Par el Csl earner and north;and conformance with the OpPrwW MCCribed BIW.. northh of re rad n'4 ParSel 98051 ori Whereas the Comprehensive Plan Preliminary planned development described below;and recur ed n Lek 2516,Pagd 729 o further notes the need to maintain Ayer aY°Ian: Whereas, the Applicant n Itu Johnson ceont RB order and Improve safety for all b. riot t° Issuance al any here requested le rezoning o1 sola Ilice, hence NtIoN1V00'W 217.69 hpusing;and bull in° permit for the Prpoorty Property to a11ow far the feel: !nonce 510'10'e7'W. 89.4$ Wneleas' this rezoning cr tpies q �(lscribed herein,Owner shall: expansion of cin existing eel; thence N1V•J9'S7 W. tg2.515act public need to ensure the solely of ` Obttln approval of a°nal plat of ((nnanulac'ured (lousing Pork, as 'cel; Pert" 513'I9'10'W. I tutUro residents From IMlemenl he sublttl property, which shall ganef in the atl¢he°plan;and eel: thence 5115'25'11"W. 106.26 weather with the construchen of Include the°tll01nln9 PropCrttC]10 Werf05. the Cpmp(('elnfd Plan eel thence 518']5'lline 6pp.79 community storm shelter. the west and north,combining the encourages a mix al noosing types feet Ip the North line of the sidewalk access to said shepar existing manufactured housing in all neighborhoods t provide gulf lion parcel sopor" for ontl existing Public sidewalks.and developments into one Par el: options ler households at trpes McCall ster outward Extension Cf Melva drainage controls to II. Said final plat application shall and people 01 all Incomes;and n condemnor on recorded In Bedk ' %meat° excessive onsite Encode a site grading and Wereas the comaroen5lW PIP" 4202. Page ]ld 01 t"° .ieMSec° m tloatoler rune';:and towage Plan;alio Wner rs,the Comprehensive t0 ive Plan ie so the RaOfdef'6 OISaid IM1CaC Whereas. the Com renensivo Plan H. The subdiv der's agreement hautnc°5eerl liana 5810 Nolh end g,and 6alety lot all yy 0150 encourages 1 C dwClopment executed al the time of sold lino) Whereas and II"° 991.02 ICCI ve ° 384.50 tai of adMNOte and appropriate open wt approval shall require Owner WhClCas. this rezoning Creates p' rbdlw WrVO Cancave span to serve new nelghbdlwas: ° make certain all-site public need to ensure the solely of aWVthvmstpCrlY (chord bearing arid mprOvemen'S. including future residents from inclement 79•34'39'E 991.99 I thence whereas, this rezoning creates ° pavement of 5 sldew01k ane weather with the construction 01' 16'32'54'n, 716.20 feet to the P UDI IC need le glen for develaoment of open aflame along sterna shelter, wet of Beginning. recreational amenities 10 serve the south side of the existing communitye ivedrer econtrolsshelter. DC3c tart are°Contains 5.81 acres residents on the subiect property: east-win private street to S. and accessClltttl10 said ro mid-is id is SUDIttI to easements a10 and RiV rSido Drive. The OP n Space mitigate excessive an-site Ule restrictions Zen pf MCOrd. Whereon,the Planning and Zoning Shalt be developed accords 10 on SC If II. mg Mao The Cp etl Sthereas.ef rua011 and t p11Commission has dClBrmc that, open spate wan approvedlamens the Whereas. the Sub eel property Is authorizildinged officio'dir a Marne with constUctI conditions sucCith fttyground equIpm Cs manufy rad eo ho l to existing the zoning and of iv of Iowa regarding C°nsir.ctlon o1 a spam sob as playground equ1Pmenl mMUfactur housing to the west City..OIIowa. t of Inf rlaws recrea alalwalk. and open space alsahe cocriti nnal Ileld4. and Marsh;OM amendment1°upon conform to Ina! developmentecreo(ianvl amenities. Wg a.The easonaglls contained herein Whereas,the C mens slvt Plan 'ap the 1tiwinal plan, 01 a site and grading are reon thele conditions 'a foPWfhn the elRelentuse of (artaby on the ordinance proal s approved publication pbn the requested zoning is Code on land ander Iowa n new development by of Ino or0lnmrc° °s by consistent with the Comprenmsiva Code 94143 (]IRI), and that sold Oaepyiopme9 at 'he L edge of WS law. Plan:and cendll ons satisfy public needs ancoor nbni of the of the ection lt.' Candido°°I Zoning Whereas, Tawe Cade 4414.5 (20211 !hot are caused Dy Phe requested City;and Agreement. The r11acle s hereby provides!hal the Lily of Iowa City rating9 change, Whereas. the applicant is tne authorized and dilated to sign, may Impose reasonaae conditions 5. Inn conditional Zoning Ower rofe part his ing end the City Clerk attest. the on granting a rezoning reguvSL Agreement shall be deemed tp be manufactured housing to the W252 bet dill°°°I 2prope Ag wner(st aver and above Cx141n9 a coveQnnant running with imp 1°rltl end north;and and to a00Cf1Y °wnM(al r ,uloIIans, In order 10 sallsly and wittl title to the land,ono shall 11114 r¢xoNng thenCreates a and the CIO?, Wp1lsOrd5t nce. o pyptic needs c°°s¢d by m° remain n lull force and effect es a Public nee a ISS01ve the north and approval of lilts Orditont9. requested c"o"op.ontl covenant with title Ip the land, prMClly line el 33Uble[t Section IV. Certification and Whereas. the Owner agrees to unless or untilre az by Inc City creaerly upon fdethesuct ecording. upon rdinage and develop this Property in of Iowa City. Once a building ther ca final Platting and 00pccrevCl °I me Ordinance. the accordance with the terms and permit Is Issued or certificate of legr scaled rezoning n99 will CIeY [Pak Is hereby Wtoorlzed rens of this Conditional occupancy is Issued,as appticablC add Whereas,new homes la the ing will on° directed w certify a copy of Zoning Agreement. the conditions snoil be deemed neighborhood;erthand this ordinance and any Now,terefore, n consideration of satisfied, and no further release Wheroothe es the develo Plan O9rcemCnls or other the mutual promises contained will be provided. The parties 0150 entourages IIIA tlCVebOmea' requir°"tpl(an enditt lni°° and herein, the parties agree as further acknowledge the' this of °°equate and aPOroniate°ten Ae eemcnl.the nndCrK ltl the Sonia 1 loll si agreement shall inure to the space to serve new neighborhoods; t• y 1. C o 5 Communlly. LLC Is I°e benefit of dna bind all successors, any In rib Office al the County lean line holder of me pfOPertY representatives,and assigns of me Wh gas. this rezoning creates a Recadtl. JOMSOn County. Iswa, legally described as: parties. n theves and the s or the h Ine OW(1CYa CxOCnaC. VpW ine Wb1 C need to plan for future pp and gCgqgg ° pall OI Lad In PodCn'y property Is transferred sole recreational amenities within the final paSSCgo. approval an ROz%aiwsian of Lois I oed 4 01 redevel°pert pr SUDdivl(fedall subtect properly;and pUbltca11W off this ordinance. as CCetlM Subdivision a the levo mcli XI collorm will the Whereas,the Plnning and Zoning provid by law. hams Charter (SW 74) o terms of this Conditional Zoning Commission has the reviewed lea SeeliOn V. Repealer. All SRRection 22 Township 79 North, Agreement. Eohas and reviewed he °f finances and mins el e ange 6 '}vest of the 5th P.M.. y Nothing In this Conch-nano' co n omll, lesan with Me ordinances In conflict with the low°City.Johnson County.town. Lenin° Agreement snail be Comprehensive Plan provided It°I pCray011$ of Ih 4 Ordinance are gag;"nillyg at the Northwest corner construed ICI relieve rhe Owner Ip ed fa conal Ives addressing Methe vrepealed.and Section VI. Se' erab1111y. If any recorded In gook 2576.Page 219 of apphcobte llacal.slate,and federal Soper Sidewalk private the Kellen, provisob Or pail 01 the the Johnson County Recorder's regulGtlpns. Riverside Sveeato In alio o shall be itutoned to be Office, thence I4eo'01910 W. 212.69 1, Thl5 CMtlill°POI ZOnln9 istint-west streetof adjudi Of Un,°nsntoll°nol• such I feat: thence 510'10'0?'W. 8245 Agreement ab11 he linter uulule° and tercel? C 14n else, durings submission a flirt vac U°cv!0/1 5"011 nal o11CCi IDC ICCL' Ittbfn N)9'49'Sl'W. Jll by reference into the ordinance °pd ng. plan bill ye MEW of me Ordinance as a feet; thence su•19'10*W. 10.21 rezoning the sublet'proper".an° plopelrptdissolving ma npwtm port t fir of vrnal, ged tnv Or reel; (hence N19-00•oe-W. 106.78 that upon adoption and Wblk°lion and sub Issi n a. n o planing. pari Ierfal el POIUd9ed Inv011a lata lencC 518']5'll'W, 606A9 of the ordinance. this agreement pia sfor lon of on opt" slKKe Or mance hell u. feet to Iha North Ilse a1 !e shell be mored Ill 'a JOM50n Plan (or the vacant area located SeCtlan VII. Effective Dote. This orayl9itlon W!ccl shown lar evenly Recorder's Ofllta at Inc south Of the Pork entrance and ordinance Shall e, In eeffectrova after MCC011ister BWICvord extenS P1 APPllcanl's e. nse 11] Incl innsaBe, approval and I Ctl West al the existing manul°Ctured ublit Ilan In OCCerOWICC with Il1 CenOCmel M recorded IA eldz DnI INs nal tlpy of December, housing pork:ant CQ 4]OT Po9e 714 01 le Johnson 2021. Whereas. Iowa Code 5414.5 (2021) owe We Ch°°ter SM. CONlly Recorder's OIIICC thence I City of Iowa City °C° Passed and appproved this 14th day 5 provides that the City of Iowa City of December,'oat Outheas)eriv along s Id Nerth SIBrut;Teagppe.Mppyar may Impose reasonable conditionsrad 292.02 Teel °n ° ]842.50 tat Attest; sIKellie Fruenling, City on granting a rCioning request, Attest' Tongue,Mayor radius curve concave Clerk aver and above existing CpCeprrrsl:SMa Fmenlln0. Cllr msap 'us CslCriv (C"Old peering Approved by: r lations. In order to sallsfy yyemltled for publication On s78'3<'39 E. 395.85 teet); (hence Sala Gre nwaod-Hektoen, City public nods CWSW by the trnaae71 Nlyy32' 4'E. 716.20 'eel t0 'he torgy's Ifnce requested change;and Conditional Point al d area Cole's Community,riCole LLC. whereas• '°e owner and applicant item Zoning Agreement among OC Abed ares h"eat"s 5.01 acres Br:aKncrl Cao pea agreed that the property shall Thal agreement is mode oanather IS sublet, 1° easements and oe developed in accordance with the City of Iowa CITY, lbw°, a Oter mslf icllans of record. I ®moi iThiiinilat 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, Ashley Platz, 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. 21-4869 which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 15th day of December 2021, all as the same appears of record in my office and published in the Iowa City Press-Citizen on December 23, 2021. Dated at Iowa City, Iowa, this 13th day of January 2021. # - yam' Ashley Platz . t,. C ' Deputy City CI- . -_c pc4i • oRo zt L( e"1 �a 2eZ:.O'‘ci � PRESS-CITIZEN MEDIA /� , PART OF THE USA TODAY NETWORK 14,i Ave ,ik b\vC CITY CLERK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST This is not an invoice IOWA CITY IA 522401825 #of Affidavits 1 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 the Iowa City Press Citizen on the issues dated. Ad No. Start Date: Editions Dated: Cost: 0005049227 12/23/21 12/23/2021 $166.42 Copy of Advertisement Exhibit"A" / Subsc ed and s o to before me by said affiant this 1th day of February, 2022 Notary Public BIZ -)/ZS- Commission expires AI-1 F.) i }.til' Notary Public State of Wisconsin c-3 - a 0 e, a An ordi p cxIrt conYNo. wtionally 587.54•07'W,E5 P01ggbEET OF BZEEEG N oEETALONO SAID SOUTH TTT(��I TOS5 requested WhCCoompras, ehensiveaPlan;a5 f2021)s cons:stent with Ineeds that wa�115caussegU�flby the revue fled acrC3 0'BOpry lwe ted leouulhlof Oe i5CAtC� F11 ANDAtsCeUBJ CT provides the reasonable City at cI�N0Cityns Agreement shall 1be deemed to Ave. (purling/prt1 pav�apmBnr Eg555Ery35ENT5 AND oTHEER On granting a reignlno request, a cov ant running wlm In Ida Single FamllV RCSIaerrl1tlo�(Io RS) aSTRICTIOfJ50F RECORD. over dna above Cine:AB Orn'°' lltfg tothe land,and shall O Low Density SIngie.Famliy ttI Gn II. roll ng Mop The regulations. In order to Satisfy remain n lull or and effect as a Residential with a Planned no officloi is here* public needs caused by the wvesuntil Ilea to the land, pevela cm n Overlay(OPWRA5). uuu nor red w directed to change requested hopge;andYntas3 or until released by trop pCIW (REZ2f l the zoning mopof t City 0f Iywa Whereas,the Owner and Applicant Of Iowam1 ISC�95YC(1O,n the atpal balding Whereas, Bison Development 1 City. Iowa 0 conarm to �hls agree to develop this property In Shall be s ISsu sWIs11CU and ns properly has reaueyyled a rezoning et amendment Upon the f nal accordance with the terms and releaseno BIW 8y lloocalldN 141 AVC,tela p (sage,a proval Mtl publicotlen conditions of this Conditional �will11ebe prided lhlSnCwr me�l¢l interim es elf N.1 5)I f the ordinonco as approved Dy Zoning Agreement. 1pugrcher ecknow'edpoT lna IniSS Famhn pROC YS.Wi l nl(ID•RS 11910 Sttllonnm�,Y1 III. Conditional Zerri pg the mutual promisesld consideration ained 1 rpegefgyft of ashalnd bind amore to Ihe il assignsofrine LLOpsldenUolnst wllh Single-Family I Plamily Agrefizedtt.andTe difhantedlstobesl191nn,, follows; the parties C agree as the veleg(OP SmS It wid Overlay Conditional11 YZoning attest, eemenl of AtthT e propertylMleggalllylltle described r redeve oiled, preIXGfervent lrie kl Sold haws.this Comprehensive Pion betweenthe property owner(s) s: rMeveloOCd Ur Subdivided I{ encourages the prcvISlon 01 trail and the City, 10110wing passage PART OF AMENDED development will nditOrm with ins connect het�yeen important nd PPraval of this ordinance. A111IFDITOR'S5 PARC 1,82W51111 pg terms at chis Conditional Zoning neighbor d aestlnot ons.Such as ,,eci an IV. Certification and RECORDED IN B OK 57, PAGE 6, othln% In this Conditional ppeprks;an Recording. Upon Passage and 1J OF THE JOH S COUNT Z Whereon.there s a public need to approval of Ino Ordinance, Inc gHE)CORDER'S O FI IN TNEEyy w n0 regiment shallbe Connect lila Sub,00f MOPoNy with glia' lerk IS hereby authorized 50 THEAST UA ER OFconstruedtCpf relieveInc Owner W leereas,the Fomlprehensive Planpis nd directed ianceCrlil aan7n COpYanOyl J35or other4,EE0 T55HON RANGE�6 WEST 7F applicablle locall,,Slg ate,arid federcall enceuraues CITY. regulolions. Connect with f�o ne ighborhood oG ks ciublic need pi fd[OCwe development of euiilreed b�documentarianauthorized Ceaulelccltr0 the Zoninnngsl SgO {1CNIHWBN$GQ ATH �SbU COUNIN TY, IER OWA T T p by referenceintoint 0 CHE rezoning Ihe settled onditional Wiseman,there Is a Implee�ente tt the g CRY'S 0 opted Recorder, e and Agreement. JohhCnsoni County.u� C Iowa.IoTA1U{EOITO EST PACRCEL, TH SAID Mat upon adoption and is Publication compCWhereissis.on has the reviewed IIMMng and ZOning providedterMined d CpuaE of l this approval ordis expense.nance, as E ET T HEETE 7�7.15'31 E . ty R.e K nt os e�tOffiicce Johnsonhe t �Ira 11 Coomalles With the the Seclllon V. Repeater. All T7N!1e1KNt4J[yEE{W PAH?" 67 F��E}61Er Dated alis ldlh day 01 December IlOn9 Beets cnon01110Plan ns address no the ordinnances In conflicte ,Owith Ile OEESAIID AUDITO EE PAq CEL; 1. City of lewoagClly CneedidCCCCfpr l0 HisMnnry f a Picchi{, Rfi'i¢b bnS of 1 IS Ordinance are TMENWIT]$es3 i VIGF OF AY Attest: Ts•Kellle MFreehling. City betwproveen Iiho s bled an el on Voverrsly u Section1n,lCpprsOVorn or-I. Port fool¢ TIIERVESO 101 50 VEOTT N RTNA RIUY I CI1 end MM suchen, I1 1Cpu 01 O Qp7 1, Apparoved by: sI¢k flutM1I3slOn of a IMdSCep0 Pial (nail or unconstllut tonal, such (CHARD BEARING S65•I.73 y]'E 1 City Attt[orney'slilceOOn, and final plat; Cdppdd0 4414.5 (MI) Vail diColty aln kiall Ordinance affect the iii 239. FEET);FEET); THE ECA Py;A5/CVpi¢t YWedlik mayllimpppepddes ert the iltpYp OI COOrcrcndpiliOns oppaarti arer al netttaani109digMall% 6$FEE1E�TT; THCE NCEE�N77'1'52'EE� By:dMlchaaelKNelsen,Manager nol. OOeOvBeiralliord O rtzOnlnO existing nip C5ur4tr O�aplon�VIance lI. ctall beInStreet affect SOUTH•ESpLf EB IFEpEOF OSSAIEg rrequeespattpeeydo the ccqhic ha1ngpe;andrCAQd[ds caused DTy the its lylalions, In order to in l�tC. IowtosfyO lade ClTinnp 'coter c000rIOOnice l wiithh A1LOE�OIRW PARC D]p2]9UFryEENHTpLINE andderlilc NW be ve O9tlev¢I'h5ot the offWce Nmorg p202ived this 1<tn day DESCRRIIBREEDOF AAREEGGAtNCONT.AII[N ' conditionsc0 Of 10 the the ConndillanOnoOI Attest: s/KMIW7AFreehling. City T075EASEMENTNS5O AND OTHER Zoning Agreementattached hereto Clerk ggE ST FICTIONS pF RECORD. a ensure opera r0le development submitted for publication On ]: Owner and AOpllconi �n this area el I city. 12/23/2021 acknowledge Mgt the CITY w1511Cs ow, her fore ordained by Conditional Zoning AerMment 10 ensure on.ormence to the ne GIB' pCOUOCII al the City of this reemenl IS made among principl of the Comprehensve F Ctlr'lOwol the City of Iowa Cit Iowa o Plan. principles_ the parties Secli I App vat.Subject to the municipal corporation 1(hereinafter knowledgeiha{Iowa Colo 4414. contlltlanal Zoning Agreement 'City 1. ACT, Inc Ihereinot ter 1227!1) aravde3 filet lila Cllr ase alteoCC�led herel0 and Incorporated r ferred to is Owner'). orj0 Iowa rCity mw impose reasono0W herein. properly descrIWO bele* Nelson Development I, LLconditions on granting a rezoning Is hereby Closslfl d Lor Density (hereinafter referred 10 es f t, Over and above the (Singllle--FFamSw with a planned Applicant). p5 Mgt rr�Daialtans. In order t0 Flygni OF AMEEON OIlay Wherein. Owner is the Epa holder resf of ooapprertyox COIOOateleted Spmut ode rsequested change. os 0u38d DYthe I'M y's AUDIT O�R'''SDE P,IARCCEEOK 5 PALL 120051(0 AS q�Np.t Scott Died. a west g01C N. isl rezoning the subiecctt propertos Owrwr end Applicant agree y. OUN? S5t SEd 8EICCI TTORpDES'a O18 FFU ICE'eE IN THEVEregenit&O liCgolirlvlra ring fDasid Property wiiillls t development (coonnform f the t oil NORTIx�H�qzN Ar.,,yy66jiCjCG� E��66OIIINpVL4ST[ OF lnnggl -Fal ivi fIFD'RS,YelgiOnnw cSondlla. �llops: as me following JOHN"ON AS UNIT. IOWA 1pI mined PDIR ,,,evveello�nt with P SubmlislOn of ar to Ce of a landocape building 0lpal BDDEGINNING AT O THeEep YlhNepi Inc C mpfMCn3lva Plan delagling the location O pr opo4W AU 1TOR' CORNER THENCE approo appropriate that the sOlcoonnservvat is 1. he laldevergreen rescareO plan shall Lot SO••Tp))HWy PARCEL. b a '4 shade thefret Torii LrE•'1401•4111.70-3W EC .yI1]0099564 nidenlloi deveto irrennt'endfiv I Ip CIIYOdCouunCUTF approval t e i nal 2occeyptancg 21a FEET;58tINOViWFUEE�T75E; OITFLENi..e 1ttheeO rrouumalM lima uses,te this pg rcocnr3 13 rtl ty o1can1torm 11M0Othe onIng THENCE I OR4 GFEETHT OFA Otti rackety npac swNhooford create to required thereby.y. lrwlll[�b nshot'i INE SOr CSpOTTF B BOULEVARD proyvid�e enhanced landscaping t.leasant vir InConstruction y of trail INIRVE CO CAVEONORTHERLY Where is rthe development;and asl3shownOon Itte OPD in dateC CHORD WARTIJ); 56.516-23'E,1mmisslpn has delefmCond ti ot. as shown e21{and 2]9.87 ee I THENCE with appropriate Conditions On II. Construction of an a'-pude FEET5T 1.4' W, 9 4.77 F ET' reglarding cOnstructi oC 0 gall sidewalk extending fram the THE NICE Ni7' 'Sh'E B widaallO sidewalkf betltweenf 19 pronely line 100151 Avenue. herein 649.6364FEET; THENCg pr posed Guide-sac and Isl 4, 1 he SOUTH •E.LII6NE FE EF TO SA AvenGate laanndscaperplan to beuapppproved MVO(° oan theelalado under Iowa AUDITOR'S PARCEL; THEN2E dy the Cay Forester. the Code 441LSS (20211, and that said