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HomeMy WebLinkAbout2006-09-19 Ordinance ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00022) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 49.05 ACRES OF PROPERTY LOCATED SOUTH OF LOWER WEST BRANCH ROAD, NORTH OF COURT STREET AND WEST OF HUNTINGTON DRIVE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5) ZONE. (REZ06-00022) WHEREAS, Arlington Development, LLC has applied for a rezoning of approximately 49.05 acres of property from Low Density Single-Family Residential (RS-5) Zone to Planned Development Overlay/Low Density Single-Family Residential (OPD-5) Zone along with a 138-lot residential subdivision; and WHEREAS, the Northeast District Plan identifies the area as appropriate for low density single-family residential type development; and WHEREAS, the property contains environmentally sensitive areas and the proposed development activity will result in the disturbance of regulated critical slopes which requires Planned Development Overlay rezoning for the overall subdivision; and WHEREAS, the critical slopes to be disturbed are not natural slopes but appear to have been created to allow terrace farming; and WHEREAS, the Conditional Zoning Agreement required at the time of previous rezoning approvals, addressing the design of proposed subdivision and open space, and the funding of the future improvements to Lower West Branch Road will continue to be in effect; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Low Density Single- Family Residential (RS-5) to Planned Development Overlay/Low Density Single-Family Residential Zone (OPD-5) and the associated Preliminary Sensitive Areas Development Plan is approved: The following legal description has been compiled from deeds and plats of record. Beginning at the Southeast Corner of Windsor Ridge - Part Fifteen, also being the Southwest Corner of Auditor's Parcel 99087, in accordance with the Recorded Plats thereof; Thence NOoo29'10'W along the East Line of said Windsor Ridge - Part Fifteen, 691.97 feet to the Southwest Corner of Stone Bridge Estates - Part One, in accordance with the Recorded Plat thereof; Thence Northwesterly 293.62 feet along the Southerly Line of said Stone Bridge Estates - Part One, also being the arc of a 370.00 foot radius curve, concave Northwesterly, whose chord bears N54039'08"E, 285.97 feet; Thence S58004'53"E along said Southerly Line, 125.00 feet to a point on the West Line of Stone Bridge Estates - Part Three, in accordance with the Recorded Plat thereof; Thence S4300T03'W along said West Line, 27.89 feet to the Southwest Corner of said Stone Bridge Estates - Part Three, Thence S54052'57"E along the South Line of said Stone Bridge Estates - Part Three, 179.65 feet; thence Northeasterly, 30.02 feet along said South Line, also being the arc of a 670.00 foot radius curve, concave Northwesterly, whose chord bears N330S0'02"E, 30.01 feet; Thence SS7"26'58"E along said South Line, 125.00 feet; Thence N27"21'32"E along the East Line of said Stone Bridge Ordinance No. Page 2 Estates. Part Three, 143.87 feet; Thence N16058'33"E along said East Line, 143.87 feet; thence N08031'10"E along said East line, 143.31 feet; thence N86005'38"E along said East Line, 49.95 feet; thence N16016'16"W along said East Line, 185.88 feet; thence Southwesterly 41.29 feet along said East Line, also being the arc of a 260.00 foot radius curve, concave Northwesterly, whose chord bears S78016'43"W, 41.25 feet; thence N07010'18"W along said East Line, 112.65 feet to a point on the South Line of Stone Bridge Estates - Part Four, in accordance with the Recorded Plats thereof; Thence N89030'50"E along said South Line, 29.30 feet; Thence N40054'52''E along the East Line of said Stone Bridge Estates. Part Four, 79.99 feet; Thence N01020'11"E along said East Line, 216.45 feet; Thence N70052'51'W along said East Line, 135.91 feet; Thence Northeasterly 111.65 feet along said East Line, also being the arc of a 326.30 foot radius curve, concave Northwesterly, whose chord bears N09018'59"E, 111.11 feet; Thence NOoo29'10'W along said East Line, 90.00 feet; Thence S89030'50'W along the North Line of said Stone Bridge Estates. Part Four, 50.00 feet; Thence Southwesterly 31.42 feet along said North Line, also being the arc of a 20.00 foot radius curve, concave Northwesterly, whose chord bears S44030'50"W, 28.28 feet; Thence S89030'50'W along said North Line, 94.34 feet; Thence NOoo29'10'W along said East Line, 116.07 feet; Thence N78047'27"W along said north line, 66.87 feet; Thence S87046'23'W, 3.25 feet to a point on the east line of Auditors Parcel No. 2001.015, in accordance with the Recorded Plat thereof; Thence NOoo01'04"E along said East line, 309.80 feet to a point on the North Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89058'56"E along said North Line, 713.20 feet; Thence S03017'33"E, 362.35 feet; Thence S11042'27"E, 104.62 feet; Thence N60023'10''E, 85.89 feet; Thence S47"25'02"E, 184.92 feet; Thence S18009'37"E, 315.27 feet; Thence S07021'53"E, 190.04 feet; Thence SOoo09'52"E, 528.71 feet; Thence S38028'20'W, 234.34 feet to the Northwest Corner of Windsor Ridge. Part Twenty.One; Thence SOooOO'OO'W along the West Line of said Windsor Ridge - Part Twenty.One, 53.37 feet; Thence S31048'04'W along said West Line, 572.39 feet; Thence S09005'14'W along said West Line, 141.13 feet to the Southeast Corner of said Auditors Parcel No.99087; Thence Northwesterly 139.59 feet along the southerly line of said Auditors Parcel No. 99087, also being the arc of a 1950.00 foot radius curve, concave Northwesterly, whose chord bears N78051'45'W, 139.56 feet; Thence N76048'42"W along said South Line, 293.93 feet; Thence Northwesterly 601.06 feet along said south line, also being the arc of a 2926.05 foot radius curve, concave Southwesterly, whose chord bears N82041'47"W, 600.01 feet to the Point of Beginning. Said Tract of land contains 49.05 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary Sensitive Areas Development Plan, and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK ~I' f. JJ5l ~/t,lp" Approved by: ~ \l ~ City ttorney's Office PCDlStaff Reports\ORDlORD REZ06-00022 Stone Bridge OPO,doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef .Wilbum First Consideration 9/17/06 Vote for passage: AYES: Champion, CQtreia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published To: Planning & Zoning Commission Item: REZ06-00022 and SUB06-00013 Stone Bridge Estates Part Five-Nine and Re-subdivision of Outlot C of Part Four GENERAL INFORMATION: Applicant Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: c:::: ~Ja, STAFF REPORT Prepared by: Sunil Terdalkar Date: August 17, 2006 ApplicantArlington Development, Inc. 1486 S 1st Ave, Unit A, Iowa City, IA 52240 (319) 338-8058 Duane Musser MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 (319) 338-8282 Planned Development Overlay Rezoning and Subdivision Preliminary Plat Development of a 139-lot residential subdivision South of Lower West Branch Road, north of Court Street and west of Huntington Drive Approximately 49.05 acres RS-5 North: Undeveloped, County residential - R South: Residential - RS-5, OPD-8 East Undeveloped and Multi-family Residential - ID-RS and RM-12 West Residential- RS-5, OPD/RM-12 Low Density Residential Lower West Branch August4,2006 September 8, 2006 Sanitary Sewer can be extended from neighboring Iowa City subdivisions on the west and south. 2 Public Services: The City will provide Police and Fire protection, and refuse and recycling collection services. The transit route Eastside Loop serves this area but currently there is no bus stop that can serve the proposed subdivision. With the proposed transit route Eastside Express new bus stops will be created. BACKGROUND INFORMATION: The applicant, Arlington Development, Inc., is requesting approval for a 139-lot, single-family residential subdivision with four outlots, on approximately 49.05 acres of land located south of Lower West Branch Road, north of Court Street, and west of Huntington Drive. Because the development will result in the disturbance more than 35% of the critical slopes on the property, rezoning of the property from Low Density Single-Family Residential (RS-5) zone to Planned Development Overlay-Low Density Single-Family Residential (OPD-5) zone is also required. The City Council recently approved the rezoning of approximately 20.79-acre land from Interim Development (ID-RS) to Low Density Single-Family Residential (RS-5) zone, which is part of this subdivision development. ANALYSIS: Compliance with Comprehensive Plan: The property is located within the Lindemann Hills Neighborhood of the Northeast Planning District. The Northeast District Plan adopted in 1999 identifies this area as suitable for low density residential development. The plan envisions a compact neighborhood with interconnected streets and sidewalks that provides efficient vehicular traffic and safe and pleasant pedestrian movement. The plan outlines Neighborhood Planning Principles to achieve such development and emphasizes the importance of preserving the natural features, pedestrian/bicyclist connections, neighborhood parks, open spaces and diverse housing. The plan calls for green open spaces between the development and environmentally sensitive features, treating such features as amenities, providing public access to the preserved natural features; incorporating green elements such as small neighborhood greens, planting medians, landscaping along streets; and providing single-loaded streets to open up scenic vistas. A portion of this land immediately north of Court Street was previously reserved for the Iowa City School District. As the school district has decided not to pursue the plan to develop a school, the right to develop this land has reverted back to the applicant. Zoning and Subdivision Design: The property contains sensitive areas including a drainage-way-south branch of the Ralston Creek, hydric soils, areas with steep and critical slopes, and remnants of an old stone railway bridge. As part of the development the applicant proposes to re-grade most of the critical and steep slopes. As per the Sensitive Areas Ordinance (SAO) a Level II Sensitive Areas Review is required if more than 35% of the critical slopes on a property are disturbed. The Level II review is considered as a planned development and therefore a Planned Development Overlay is required for the property. The applicant has submitted a Sensitive Areas Development Plan delineating the sensitive areas and a Grading and Erosion Control Plan. The applicant reports that the areas steep and critical slopes are man-made slopes that were created to allow terrace farming. The applicant is not proposing to disturb any other sensitive areas and is providing erosion control measures and drainage for the areas with hydric soils as per requirements. The Grading Plan is being reviewed by the City Engineer for compliance with the Grading Ordinance. The existing Low Density Single-Family Residential (RS-5) Zone allows for a development with PCDI$taff Reports\subOS-QOO13 stonebrldgepart5-9-prelim 3 a maximum density of five dwelling units per acre and a minimum lot area of 8,000 square feet. The applicant is proposing a subdivision with lot areas ranging from approximately 8,000 square feet to 29,686 square feet. All the lots in the proposed subdivision meet the minimum standards for lot size and lot frontage. The street and sidewalk network design proposed (discussed below in following sections of the report) is generally consistent with the subdivision regulations. The subdivision development is compatible with the zoning and development pattern of the land adjacent to this property and in staff's view, is consistent with the Comprehensive Plan vision. The proposed subdivision includes four outlots, primarily along the creek. Outlot B is to be dedicated to the City to fulfill the neighborhood oprn space requirement. Outlots A, C and 0 have been set aside as open spaces to be controlled by a homeowner's association. These open spaces protect the sensitive areas-stream corridor and its associated buffers, the old stone bridge-and if designed and developed with appropriate landscaping elements will provide the neighborhood with passive and active recreational spaces. A Conditional Zoning Agreement (CZA) was signed at the time of annexation and rezoning for this property. The CZA requires that development of the property is planned in accordance with the neighborhood design policies of the Northeast District Plan and retention of the stone bridge is ensured in a manner that the provides public access to the feature. The Northeast District Plan encourages providing recreational trails for recreational purposes and also to provide an alterative to automobile travel and neighborhood connections. To fulfill the CZA conditions, and district plan goals, an 8-foot wide trail extending from Court Street in the south up to the proposed neighborhood open space in the north is shown along the creek. Eventually when the adjacent property on the east is developed the trail will be extended up to Lower West Branch Road. If it is structurally feasible, the old stone bridge can be used as a pedestrian bridge over the creek. With the proposed trial the exiting Windsor Ridge Trails can be extended up to Lower West Branch Road. The trail is to be built by the applicant/owner with an easement to allow public access. The neighborhood street and sidewalk network of the proposed subdivision is connected to the trail at Thames Drive. Staff recommends that a second connection between the trail and the neighborhood streets and sidewalks should be built from the easement area between lots 59 and 60. As part of this development proposal the applicant is responsible for installing a sidewalk along the Court Street (north side). As a continuation of the trail network and to facilitate convenient pedestrian crossing staff recommends that a portion of this sidewalk between Arlington Street and Huntington Drive should be 8 feet wide. The City is responsible for the expense incurred to install the additional width of the sidewalk. Some of the lots along Court Street (lots 9 to 16) and Lower West Branch Road (lots 131 to 136) are double fronting lots. Such lots are discouraged by the Comprehensive Plan and the subdivision regulations. If the lots can not be reconfigured to eliminate double frontage, the Comprehensive Plan states that dense landscape buffer or earthen berm should be provided rather than installing a privacy fence. Outlot C extends along Court Street creating a buffer for lots 10 through 16. Additionally, a landscaped buffer with a mix of evergreen trees is shown on the plat along Court Street and Lower West Branch Road. The trees are to be planted by the applicant/owner prior to the issuance of any building permits for these lots. If any fences are installed along the streets, they should be installed to the north side of the landscape buffer along Court Street and to the south side along Lower West Branch Road. The final plat and legal papers should specify the requirement regarding the fences and the landscape buffer. Traffic implications: Staff estimates that with 139 dwelling units this subdivision would generate approximately 1000 vehicle trips per day. The proposed subdivision can be accessed from Lower West Branch Road, Court Street, and neighborhood streets-Ghadwick Lane and Eversull Lane-from the PCO\Staff Reports\sub06-QOO13 stooebridgepar15-9-prelim 4 adjacent subdivision Stone Bridge Estates Part 3 and Part 4 on the west. The property has close proximity to Taft Avenue, an arterial street on the east. The proposed subdivision will also be served by Arlington Drive, Colchester Drive, Liverpool Lane, Norfolk Road, Thames Drive and Whitechapel Drive. Lower West Branch Road is currently a narrow chip-seal road and needs to be improved to City Standards. Improvements to Lower West Branch Road are part of the Capital Improvement Plan for the financial year 2007. The applicant/owner is required to dedicate land to the City as public right-of-way for Lower West Branch Road and provide necessary utility and construction easements as specified by the City Engineer. The applicant/owner will also be required to share the proportional cost of improvement to Lower West Branch Road. Recently, when a portion of the land (approximately 20.79 acres) along Lower West Road was rezoned it was agreed that the applicant/owner will pay a total of $133,564.00. Neighborhood Open Space: Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 1.15 acres of open space or pay fees in lieu of dedication. At the time of approval for the final plat of Windsor Ridge Part 21, it was agreed that the neighborhood open space dedication requirement for Windsor Ridge Part 21 (0.60 acres) would be fulfilled upon the development of the land currently under consideration for subdivision. Including both dedication requirements approximately 1.75 acres in area is required to be dedicated as neighborhood open space. In the north-east section of the subdivision Outlot B is reserved as open space to be dedicated to fulfill the neighborhood open space requirement. This land is adjacent to the remnant of the stone bridge and facilitates adequate public access to this historic structure. Storm water management: The applicant is providing onsite storm water sewer infrastructure to convey the storm water to the creek which carries the 100-year detention to the public storm water management facility-Scott Park Detention Areas on the south branch of the Ralston Creek. No separate storm water management facility on the property is required. Infrastructure fees: The applicant/owner is required to pay a water main extension fee at a rate of $395 per acre for this development. As noted above, fees will also be collected for the improvement of Lower West Branch Road. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon the resolution of the deficiencies and discrepancies, staff recommends approval for REl06-00022, rezoning of approximately 49.05 acres of land located south of Lower West Branch Road, north of Court Street, from Low Density Single-Family Residential (RS-5) zone to Planned Development Overlay-Low Density Single-Family Residential (OPD -5) zone and SUB06-00013, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Re-subdivision of Outlot C of Part Four, a 139-lot, approximately 49.05- acre residential subdivision. DEFICIENCIES AND DISCREPANCIES: 1) Revised subdivision boundaries, acreage and legal description including the area for Outlot C of Part Four 2) Lot frontage on lots with curvilinear front lot line should appear on the plat PCD\Staff Reports\sub06-00013 stonebridgepart5-9-prelim 5 3) The plat should illustrate an 8-foot wide sidewalk on the north side of Court Street between Arlington Drive and Huntington Drive and on the south side of the Thames Drive up to the east boundary of lot 67 4) Trail Connection between lot 59 and 60 5) Adjust southeast boundaries for lots 17 and 18 to exclude the stream corridor buffer ATTACHMENTS: 1. Location Map 2. Preliminary Plat and Sensitive Areas Development Plan Approved by: ~~" Robert Miklo, Senior Planner, Department of Planning and Community Development PCD\Staff Reports\sub06-00013 stonebridgeparts..9-prelim CITY OF IOWA CITY ~ I I I I _ _ ~I ~ ~ Igl" ~ ~"IDI.. . ~. ~ 1 : ~~' J( .. \ I '01 ~ :i,: fr:lJr (\81 ~ .. 1>' I~I 13 ) OJ 0 ~ ~ I - 161 Ij'l I-- I-- -- ~ i ANNA~ - 113 _....,1"'1 = 1---r'J ..,.... ,I I - 1\1)I-II~f~1 - I- fl lil: 1'1 'I ~ z: 0: ~ 1'1 _ _ _ _ _ _ ) ) :: == ~ CHA ICK LN ~ ~ -Ii T:::: / I I I - ~ :3 1 ~ 'v U .J...J I I / /:~I --- =1 - CAM / / ----..,--OJ . 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I' ",jlll;! -L .~i}" =.....l 'i!')fo \ .\'" lii[it \ L~I,;l "~""..'...n:\'rJ . :\,jl,; ! ~i 1'\ s.~~.::' T.~~l J.!l:,r iHi i,lj),j 'I't , !;I'II:~ i,III:.l '(I \1 1--'1 ;:~ ""_....""'-.--,, "".........,. "..-~""~,."."""- TRAIL DET AL ,,[If! I ,-c' 1 , K-"<'i I ....lk ~J'I . I - ! i~~ =-r---<::~-::" =.-i'-'----:~=~_ ~.=:.:.:. ~~~~.:=~::: "'" m.~-- e:::::::a.~--- (Q2I.~--- ~.._-- .> I~~>o~ ilIUm I';:'.' I -J ,t-~ Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ06-00015) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 1.12 ACRES OF PROPERTY LOCATED AT 314 AND 328 S. CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO CENTRAL BUSINESS (CB-10) ZONE. WHEREAS, the applicant Hieronymus Square Associates has requested that the property located at 314 and 328 S. Clinton Street be rezoned from Central Business Support (CB-5) Zone to Central Business (CB- 10) Zone; and WHEREAS, the Planning and Zoning Commission has found merit in providing additional areas zoned for CB-10 development south of Burlington Street provided concerns regarding a mix of commercial and residential land uses, the provision of adequate parking, a mix of residential units, building bulk, building setback, vehicular circulation routes, landscaping and building design are addressed; and WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are reasonable to ensure that development of this property within the CB-10 zone complies with the Comprehensive Plan's vision for the Near Southside Neighborhood, and is compatible with the downtown, provides sufficient parking, and pays a portion of the parking impact fee that would have been required in the CB-5 zone, provides open space in the form of a landscaped court yard, provides a setback from Burlington Street and contains a mix of uses and housing types. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. SUbject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from CB-5 to CB-10: Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block 102, Original Town, Iowa City, Iowa. The South six1y (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Original Town, Iowa City, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement attached hereto and incorporated by reference herein. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repeaied. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this _ day of MAYOR ATTEST: CITY CLERK Approved by ~~ B/z..",>I&tp City Attorney's Ice Ppdadmlord/rez06..Q0015. doc ,20_. Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9 / 5 /06 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT:None. Second Consideration 9/19/06 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Date published Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-00015) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Alfreda Investments L.L.C. (hereinafter "Owner") and Hieronymus Square Associates, L.L.C. (hereinafter "Developer"); and WHEREAS, Owner is the legal title holder of approximately 1.12 acres of property located south of Burlington Street west of Clinton Street; and WHEREAS, the Owner and Developer have requested the rezoning of said property from Central Business Support (CB-5) zone to Central Business (CB-10) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the mix of uses, residential dwelling density and type, the provision of parking spaces and payment of parking facility impact fees, building setback, bulk and design, and landscaping requirements, the requested CB-10 zoning is appropriate in this location to allow the extension of downtown; and WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property conforms with the Comprehensive Plans vision for the development of the Near Souths ide Neighborhood; and WHEREAS, the Owner and Developer agree to develop this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block 102, Original Town, Iowa City, Iowa. The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Original Town, Iowa City, Iowa. 2. The Owner and Developer acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including conditions regarding the mix of uses, residential dwelling density and type, the provision of parking spaces and payment of parking facility impact fees, building setback, bulk and design, and landscaping requirements. Therefore Owner and Developer agree to certain conditions over and above City regulations as detailed below. ppdadmlagtJrez06-OOO15 hieronymus cza 9.1.06 final 1 3. In consideration of the City's rezoning the subject property, Owner and Developer agree that development of the subject property will conform to the requirements of the zoning chapter, as well as the following conditions: a. The building or buildings to be constructed on this property will be a mixed-use commercial and residential development with a minimum of one floor of commercial development above the ground floor. b. The property shall contain a maximum of 200 dwelling units with a mix of studio or 1 bedroom units, 2 and 3-bedroom units. c. No more than 30% of the dwelling units shall contain 3 bedrooms. There shall be no dwelling units with more than 3 bedrooms. d. A minimum of 80 parking spaces will be provided in a below grade parking facility to serve the residential occupants of the property. e. A parking requirement will be calculated for all dwelling units within the development based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5, Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards. Prior to issuance of an occupancy permit for the building or buildings to be constructed on the property, payment of parking facility impact fees will be made to the City for dwelling units for which on-site parking is not provided. The amount of the fee for each required parking space not provided on-site shall be computed in the manner set forth in sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment, deposit, use and refunds offees shall be governed by sections 14-7B-8, 14-7B-9 and 14-7B-10 of the City Code. f. The building shall be a minimum height of 7 stories. g. The building shall be set back a minimum of 10-foot from the Burlington Street right- of-way. This 10-foot setback applies to the upper floors of the building as well as the ground floor. h. The owner shall dedicate to the City right-of-way for an alley or a public access easement to provide vehicular circulation through Block 102 in lieu of the alley right-of- way which is being vacated to allow development of this property. The location of the alley or public access easement shall be identified prior to the issuance of a building permit and established and open to the public prior to an occupancy permit. i. The property shall include a landscaped court yard which includes a central feature such as a fountain, reflecting pool or a public art element, public seating areas, landscaping beds or large planters. A minimum of 50 percent of the paving surface of the court yard shall consist of decorative materials such as clay, concrete or stone pavers. The court yard shall be screened from service areas. A plan for landscaping of the court yard area demonstrating compliance with these requirements will be prepared by the applicant and approved by the Design Review Committee prior to issuance of a building permit. j. The design of the development must be approved by the Design Review Committee. The owner and Developer must demonstrate to the satisfaction of ppdadmlagtJrezOS-00015 hieronymus cza 9.1.06 final 2 the Design Review Committee how the proposed street-level fa9ade will meet the following standards: . The plane of the building at the street-level must be broken into vertical modules that give the appearance of smaller, individual storefronts reflective of the pattern and character found in downtown Iowa City. Each module must be no greater than 50 feet and no less than 20 feet in width and must be distinguished from the abutting module(s) by a significant and visible change in building materials and a variation in the wall plane of at least 16 inches. Changes in material colors and textures and other architectural detailing should be used to enhance this effect. . To create a human-scaled environment that is comfortable and attractive to pedestrians, awnings and/or canopies must be used to enhance the storefront modules. . Pedestrian entrances must be attractive and inviting features along the street-level and must be architecturally emphasized in a manner that is reflective of the pattern and character found in downtown Iowa City. 4. The Owner, Developer and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~414.5 (2005), and that said conditions satisfy pUblic needs that are caused by the requested zoning change. 5. The Owner, Developer and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. Owner and Developer acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Developer from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppdadmlagVrez06-00015 hieronymus CUI 9.1 ,06 final 3 Dated this _ day of CITY OF IOWA CITY Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk ALFREDA INVESTMENTS LL.C. c= ~ [~,~]~ ~ Name) (Title) (Name) (Title) HEIRONYUMUS QUARE ASSOCIATES, L.L.C. \ . \ C~ohn ~^-- Mike Hodge, M;:rer 11::')/1. ~ City Attorney's Office 1- ~--of, ppdadmlagtlrez06-OOO15 hieronymus cza 9.1.06 final ,20 . - 4 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ...!fz!:... day of ~/e...J.e'" , A.D. 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared S"h", H;"ClfI'f"'''; , to me personally known, who being by me duly sworn, did say that the person is /I1ti~" ql ~ (title) of A- I f-.-ed. ~ 1J....,f...."./.., L L c.. , and that said instrument was signed on behalf of the said limited liability' company by authority of its managers and the said IYI." ".<' ./ acknowledged the execution of said instrument to be the voluntary act and aeed of said limited liability company by it voluntaril cuted. ...- Not e State of Iowa My commission expires: i 1- 01.> - 011 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: ppdadmlagVrez06-OOO15 hieronymus cza 9. 1 ,06 final 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of Sef/e~b/ , A.D. 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared /h .'/t€ I-/o-IJ.<' ".,J.- J21J,~ rI,fr"""h<"> , to me personally known, who being by me duly sworn, did say that the persons ...jsq.-( flt ",.t(( "'" ore (title) of He"ro"I("''''~ .S'l",wt A-ss"'c<<<ts,t...L.c.- , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said I"'~" "~v 5 acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. < Notary e State of Iowa My commission expires: / ~ - aiR - off' ppdadmlagUrez06-QOO15I1ieronymu$ aa 9.1 ,{)6 final 6 .__.L_.______~_____ (- J C^ Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC06-0005) ORDINANCE NO. AN ORDINANCE VACATING THE EAST.WEST ALLEY IN BLOCK 102 WHEREAS, the applicant, Hieronymus Square Associates, is proposing the redevelopment of Block 102 located south of Burlington Street and west of Clinton Street; and WHEREAS, the proposed redevelopment of this property, known as Hieronymus Square, requires the relocation of the east-west alley within this block; and WHEREAS, the applicant has agreed to replace the east-west alley in an appropriate location to connect to the existing north-south alley to provide for continuous alley circulation within this block; and WHEREAS, the Planning and Zoning Commission have reviewed this requested alley vacation and have recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The east-west alley located in Block 102 west of Clinton Street is hereby vacated subject to dedication of an alley right-of-way or a public access easement in a location satisfactory to the City. SECTION II. 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 to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of , 20_. MAYOR ATTEST; CITY CLERK k/~~/4P ppdadmlordlvac06-0005.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted. and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9/5/06 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Second Consideration 9/19 /06 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Date published t;..-- t ~.J ("\ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5243 (REZ06-00010) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 9,53 ACRES OF LAND, LOCATED EAST OF GILBERT STREET AND WEST OF SANDUSKY DRIVE FROM. INTERIM DEVELOPMENT- RESIDENTIAUHISTORIC DISTRICT OVERLAY (ID-RS/OHD) ZONE TO LOW DENSITY SINGLE- FAMfL Y RESIDENTIAUHISTORIC DISTRICT OVERLAY (RS-5/0HD) ZONE WHEREAS, Don Cochran has applied for a rezoning of approximately 9.53 acres of property from Interim Development-Single-Family ResidentiaVHistoric District Overlay (ID-RS/OHD) zone to Low Density Single-Family ResidentiaVHistoric District Overlay (RS-5/0HD) zone; and WHEREAS, said property is located east of South Gilbert Street and west of Sandusky Drive; and WHEREAS, said property is a local landmark and is commonly know as the McCollister Farmstead; and WHEREAS, the South District Plan recognizes the historic significance of the property and identifies the area as appropriate for low density single-family residential type development; and WHEREAS, the property contains environmentally sensitive areas and the applicant has provided a plan delineating the sensitive features and protection measures; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Interim Development-Single-Family Residential/Historic District Overlay (ID-RS/OHD) zone to Low Density Single-Family Residential/Historic District Overlay (RS-5/0HD) zone: BEGINNING at the Southeast comer of Auditor's Parcel 2004120, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence S88037'18"W, along the Southerly line of said Auditor's Parcel 2004120, a distance of 647.55 feet, to the Southwest comer thereof; Thence Northwesterly, 3.40 feet, along the Westerly line of said Auditor's Parcel 2004120, and an arc of a 5864.50 foot radius curve, concave Southwesterly, whose 3.40 foot chord bears N29019'27'W; Thence N30029'28'W, along said Westerly line, 90.43 feet, to the Northwest comer thereof; Thence N69030'32"E, along the Northerly line of said Auditor's Parcel 2004120, a distance of 40.62 feet, to its intersection with the Easterly Right-of-Way line of Gilbert Street; Thence N30029'28'W, along said Easterly Right-of-Way line, 518.18 feet, to a point on the Northerly line of Auditor's Parcel 2004121, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence N87"38'37"E, along said Northerly line, 246.44 feet, to the Northwest comer of the Southeast Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N88036'08"E, along said Northerly line, and the Northerly line of said Auditor's Parcel 2004120, a distance of 643.71 feet, to the Northeast comer of said Auditor's Parcel 2004120; Thence S02043'14"E, along the Easterly line of said Auditor's Parcel 2004120, 549.60 feet; Thence S53041'52"E, along said Easterly line 4.91 feet, to said POINT OF BEGINNING. Said Tract of land contains 9.53 acres, and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,2006. MAYOR Approved by ~~ ~-z; City Attorn s Office JSI~>/()~ ATTEST: CITY CLERK PCD\Staff Reports\ORD\ORD REZ06-00010 McCollisterFarmsted.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 9/5/06 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 9/19/06 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Date published M\0 t''Y Prepared by: Susan Dulek, Ass'!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 06-4234 ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TO ESTABLISH FINES FOR LIBRARY PARKING VIOLATIONS. WHEREAS, Ordinance No. 06-4199, which increased parking fees, inadvertently repealed the provision for the fines for library parking violations; and WHEREAS, it is in the best interest of the City to reinstate said fines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations," is hereby amended to add the following new fees for violation of the parking spaces designated as "library parking": Amount of Fee, Charge, Bond, Fine or Penalty $10.00 $10.00 first offense $20.00 second and subsequent offense SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Penalties for Library Parking Violations Library Patron Parking Library Outside Book Drop Off ned and approved this...l9J;hday of ~pprpmhpr ~( A J.:MlW'-- MAYOR ATTEST:I21- '~.--uJ k. ~ ~ERK Approved by ,2006. ~~ '6'-J<;-OIo City Attorney's Office Suelordreslpkglibordfines,doc Ordinance No. 06-4234 Page ~ It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x First Consideration 9/5/06 Vote for passage: AY~S: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration ___unn________ Vote for passage: Date published 9/27106 Moved by Vanderhoef, seconded by Correia, that the rule requ~r~ng ordinances to be considere and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vbte be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. (VIi5 11. q 'P\ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5030 ORDINANCE NO. 06-4235 ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTATION AND PROTECTION," CHAPTER 1, ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE PENALTIES FOR OVERCROWDING. WHEREAS, City Code section 7-1-1 adopts the International Fire Code; and WHEREAS, City Code section 7-1-4 sets violations of the chapter as municipal infractions punishable by penalties set forth in City Code section 1-4-2D; and WHEREAS, the City wishes to increase the penalties for overcrowding violations under Title 7 to $750 for a first offense and $1,000 for a second or subsequent offense; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 7, entitled "Fire Prevention and Protection", Chapter 1, entitled "Fire Code," Section 4, entitled "Penalties for Violation," is hereby amended by deleting it in its entirety and replacing it as follows: Violations of IFC 107.6, Overcrowding, as adopted in this title, shall be punishable as municipal infractions punishable by a civil penalty of $750 for a first offense and $1,000 for a second or subsequent offense. All other violations of this chapter shall be municipal infractions punishable by a penalty as provided in section 1-4-2D of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective February 1,2007. ~lPJ}9::: MAYOR ATTEST:7~1!. ~~ CITY LERK September ,2006. A~edbY ~ ./ ~~ 1/,;;(, City Attorney's Office Ordinance No. On-471'i Page -----L It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: r.orn:.; :=I that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X X X X First Consideration 8/22/0n Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration 9/5/06 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Date published 9/27/2006