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HomeMy WebLinkAbout1994-02-15 Ordinance ":~':~~Y'/"~~'" ~",,; . .....",'..~' '. ...,,\,.l.': " " '" '.,.::::;",':: ' ',..:,.t'\I'." ,'~ ':' ;:", '~.,:... " , ~'. ' I i~. ',/ "~,' : "j'," .:' , I " '....,..'.' ,':' '-if'. . . ';" ' . " \ ".. 4 ~ ,,,', , ' , , . . ".' , . ! '-..-~ 'i6~ .. ,,:, ..:._.._..~ ';;...~.~~~~,i.L,~;'i4~ ~:i,;~...'.;,..;~.......::.~~~J,~..~;':~,'. '". , ,;..' ' .' ' " .' ,",'.~'""'_:]",~~:;;";"""""'H:";'-~"J.~-"",;"':"ClJ:;:'"~l'~~('!-;\;'-;.J'-Z'';:'';'~'~';'':''~'''''~'CI;;'~'~"~,U,''.",....";,-",,.,,,~~,:......._..~...,_:..,_~...:.;... , , ,)\ , '.,', CONDITIONAL ZONING AGREEMENT DRt~Fr . .'H THIS AGREEMENT is made by and ~etween the City of Iowa City, Iowa, a Municipal Corporation (hereinafter/"City") and Sycamore F" rms Company, an Iowa Corporation (hereinafter "owne(( WHEREAS, owner'has requested the City to annex a d rezone an approximate 422 acres of land located south of Hlg~way 6, east of Sycamore S reet and west of Sioux Avenue legally described on Exhibit A frOm the County designation fRS, Suburban Residential and R3A, , Multi-Family Residential, to Rq~8, Medium Density S'ngle-Family Residential, RFBH, Factory Built Housing Residential, RM"12, Low Density M Iti-Family Residential, RM-20, Medium Density Multi-Family Residential~RR-1, RuralZ R~(dential and ID-RM, Interim Development Residential Multi-Family; and \ , \ \ WHEREAS, Iowa Code ~ 414.5 (19S3) pro~' es that the City of Iowa City may impose reasonable conditions, on granting OWer's rezoning request, over and above existing regulations, in order to satisfy public neeav rectly caused by the requested change; and WHEREAS, pursuant to the annexation poli~) of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agre/~ing \0 pay all of the costs associated with providing infrastructure for development of the su~ject tr~t, except for any oversized costs for an east- west arterial street if such an arterial ~treet is located through the development; and i " ' WHEREAS, the City wishes to ensure' the approprial allocation and suitability of neighborhood open space and the availability of a' public school si ; and , ...., ",( ~'('1 ,~" II' \).' . \1 I I ~ ' I. II I WHEREAS, the property contains wetlands, areas of ydric soils and other environmentally sensitive features; and ;' ! WHEREAS, pursuant to the c,6mprehensive Plan, it is the ity's policy to preserve and protect environmentally sensitive areas; and I I WHEREAS, a contractual agreement with the Iowa Departmen of Natural Resources (IDNR) obligates the City to protect environmentally sensitive areas in he vicinity of the Southeast Interceptor Sewer line fr9'm potential adverse effects of dev~lopm nt; and , WHEREAS, Owner ac~nowledges that certain conditions and restri ions are appropriate in order to ensure appropriate urban development on the southeastern ge of Iowa City. NOW, THEREFORE.! in consideration of the mutual promises contained erein, the Parties agree as follows: ! I 1. Sycamore F.arms Company is the owner and legal title holder of the pro~erty located south of ~lghway 6, east of Sycamore Street, and west of Sioux Avenue, legally described Ion Exhibit A, attached hereto and incorporated by this reference. I l I I I Jli' : i J l II . "'/ ' , ,,"./0 , ' -,.........-:... 311 , tF" 0 -'~~- ~ "', ~"-~". - : -.- ~,., ~ - , ':',(",'.,'::,0,"'1, ",\"'-:.",; ,)\~; i.".' , "~, I{ '~':: r:~r" ';::;','):':" I', r.:....' ~)t:' , ,,', "0,' /, "." ".:'," '~...' ,...-, "."-,,--,.,,,-", ~\:i~":i '.,:,1. .: - / ~ ." . ::.~r~l;\,"'.. ,.;" '.... "', "," , '! ,;".- ." .", ''';'' . " ".:, '., '. ".' . , ' ." ' . "... . , ,," ,,'," ,,',-,,,,.,.' . ,', ,'-, '. : '_.~.C:_-'-_~_r"~~"...C::.Il.!..,.1"'!::l.","",,..;1..,-~".l:.-'-l;>"<'::':'-.'\l...;",~:;.,~,'.,.,,;'~'~ :,\;,~:,,:,,,_,,,,;,,,,,,,,-,,,,,,-~,,,,",,,,~;,._,,,,,,_,,,_~_,:'___ : f'-.'~' ~-,'.~":.....:, _,L":"'__'C.4;":"c'~'","'...1...:.L.~",.j:~~~,~:.J';~_.;.....:.,;._~~.-",_. :' , T ! ~ \ \ .-'! ~:. , I , I I I ~ II .: I \} \,~ .J ~,',if If:~ l - 2- 2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract, except for any oversized costs f9r an east-west arterial street if such an arterial street is to be located through the development. 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space and the availability of a public school site and that it is the City's policy and obligation to preserve and protect environmentally sensitive areas. Therefore, Owner agrees to certain~ions~r and above City regulations in order to lessen the impact of the dev O'pment on the area. In consideration ofthe City's rez ning of the subject ~~perty from County RS and R3A, Owner agrees that dev~lopmen. and use of th~ subjEct .pro~erty will ~onfor~ to ~he requirements of the applicable zones: RS-8, Medium [)enslty Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Loi Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RK-1, Rural Residential and ID-RM, Interim Development Residential Mu\ti-Family. In ddition, the development and use of the subject property will conform to t~e followin additional conditions: . \ Owner will take adequate mea~ures 0 protect the area and natural features generally described as the "sny\der/ reek Bo~toms" from any adverse effects from development of adjacent are~s. These measures shall be specified in a mitigation plan to be submitted ~lh a preliminary plat for the area, prepared at the expense of the applicant, aJ~\ pproved by the City. The mitigation plan must incJ6de a concept plan for a trail or walkway system within the "Snyder creek~6ttoms." The subdivider shall construct the trail or walkway system when eit er 50% of the property in the RS-8 and RFBH zones has developed or Whey e ID-RM a a is rezoned, whichever occurs first. Preservation of t~!n Snyder Creek Bottoms" via the establishment of a conservation easeint approved by th~City. Owner will estab)ish a 100 foot no-buil buffer zone around all jurisdictional wetlands located outside of the conserva . on easement, except those for which mitigation is approved, as set forth in the onservation easement. I The applicaol shall inventory and docume t the jurisdictional wetlands, other conservatiqn values and the location of exisb g farming activities in the "Snyder Creek Botfoms". The City must approve sai inventory and documentation. / i Owner ~hall dedicate open ~pace to the City. T ~mount of open space owner must dedicate shall be based on the formula c n,tained in the neighborhood open/space plan. . , I .: O~rier shall grant a pedestrian access easement aveC the existing Southeast In)erceptor Sanitary Sewer easement or in an alternative location, approved by the City, to connect the trails within the Whispering Meadows Subdivision and lhe City-owned property to the south of the Sycamore Farms property. I 4. a. b. c. d. e. f. g. 317 :C ~ ~:~:~"._ .1 - "=-.1- Ii = r 0.'.' '"',1 '" ',.'-- "::, .,. ~ I' , 1),'...':'/ '::," \,:::" ., "),"" " '. :~~"". ."1"~' 1 I ".. . I i I I i o " r' 'i t.. L ~1 . 10" ,.", , ,';' ...:....." .... ;". 1\.,.:'.' ,.., ~""","' """.'" I" .. ,", i '." ': , :'.'1". . "h~t... ,. .. 4 . ,~, :" "', .. " l," , . , ., " ' ','" . ;, ':',. "';':,,:...,;:;:,~ ~,..;.,; :" .i.~,~ ,,::,;;,;:':~.: ':'.-~~,:'j':':':":,:, :.:,.~",~:r:;,~~'~~:.:......_~,,,~, ~___ ._ .. , , \ ,... r.~ I I ~ I I I , I \1. ':'1 !~;,' ;. i:' [, ( 1- _.'\, 0 5. 6. 7. .' " . . . n. _._.;.~_...",.,.......-"",:" ..,....1::.,... ,..'...';.,.,~~ :...:;':"':;.l;'~'~'''}:'':.i:~~;,,' _';'.'" ;", , " '_':'; :':',"C,"~ '.'. ,,. :' ': .,.,;;.,; <',,~'r;';," ~L,..;.<,.'I,,,,,,,_' ",'-'-~,,~ . 311 ~I' 5 .1 tJ ""''''11';'.'', 'I. - 3 - h. Owner shall covenant with the City to reserve fifteen acres to be used for construction of a public school. Owner, the City and the Iowa City Community School District shall negotiate the location of the parcel for the potential school site. Owner will retain possession of the parcel until the parcel may be conveyed to the Iowa City Community School District as described herein, The covenant will run with the title to that parcel which shall be designated a "potential school site" on. the Final Plat. This covenant shall remain in effect until released of record by the City as set forth herein. If the Iowa City Community School District decides to use the site and applies for a Building Permit to build a school on the designated parcel within fifteen (15) years from the date the parties execute this Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within fifteen (15) years from the date the parties execute this Conditional zoni' Agreement, the covenant will expire and the use of the parcel shall revert to he Owner. At that time, the City will execute a release of the covenant so th \ the covenant will not constitute a lien and cloud on the title to the parcel. That ~elease will be recorded in the Johnson County Recorder's Office at Owner's ex~ense. If during the time period the cove~nt is in effect, the City enacts an Ordinance requiring the payment of a School Impact Fee as part of the Final Plat approval process, Owner will pay the reqUired\~fees for those subdivision parts which have not yet received Final Plat approval. No impact fees shall be paid for those subdivision parts which have aiready eceived Final Plat approval at the time of the enactment of the impact fee ordina~ce. However, if the School District uses the site to construct a school and accep\s conveyance of the site, the City andlor the School District will rebate to the OW,nar all fees previously paid and Owner shall not be required to pay any addjtlenal impact fees for subdivision parts which may subsequently be submiued~or final plat approval. If at any time during the fifteen (15) years following rxecution of this Conditional Zoning Agreement, the School District d.etermines\that the reserved site will not be used for a public school, the Schooi'District will notify the City and Owner, and the City will execute a release ,of the covena~t upon receipt of written notice that Owner has paid the requi.red impact fees, I any. i. Owner shall pay all' costs associated jth providing infrastructure for development of the/subject tract, including oversized costs, except for the oversized costs fo~ an east-west arterial street if such an arterial street is located through the development. The Owner acknowledges that the conditions con ained herein are reasonable , conditions to impose on the land under Iowa Code 414.5 (1993), and that said conditions satisfy ,public needs which are directly cau ed by the requested zoning change. ./ The Owner aCkioWledgeS that in the event the subject pr perty is transferred, sold, redeveloped, or subdivided, all redevelopment will confor with the terms of this Agreement. The Parties that this Agreement shall be deemed to be a covenan unning with the land and with title to the land, and shall remain in full force and effect as a covenant running \ , - _.~- , -~ ~',-',',','C""" '.' ", ".',,', :'"0,,, ,:: "',.-., ,,""' .- ,', ,,-' ',"";' 0' ,'. .": . I I i ... . " " r I t. . o , '! _::..".;::\.t..:\~;! '~~~""/ c-> . ~ 1 . , .....",. .. "<<;'.~~~,~{\':;.~', ,,-, " ,~" ",,',.. ". I 'I .1~; , , " .'" .- ." '::": i' ! ~ " 1_, ".I- . . ",."'1 , ".. , ,,'.. "':',' .' ',.':' ',~'L. '"" .'" " ,., " '" " .., ,'-'" . ,:....,,.', ' ."'." ' '. '_:::r:.t:..L.;;::.,).,:;,.;,~...~.;..,.::.:;:;;;.:;;t';~,~i.'r,'l;;:;.:;.;;;.;.~.':..:u,i,!:..-,.- ,~..;" ",......:~~~~~.;..;.;.;.::_.....: ., . ' " . . .' ,_:~,~:.'~~:..:'~~;~'~:S~~.....;\l:;'~;;!X_'C:,;:.~,/~~:,;::,i""',:,~~~~,., ;,'~; :~,:;,:"~;:;.::;:,L,.~.;,~;..~'..;"'a'""..........."',;,,~~_~.:.;:..-.:-~ , .' . :, '( -4- with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. \ ," . : ! 9. Owner acknowledges that nothing in this Agreement shall be construed to r2liev the applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be inc2r rated by reference into the Ordinance rezoning the subjecj.prbperty; and that upon ~option and pUblication of the Ordinance, this Agreeme ~all be recorded 7in the J nson County Recorder's Office. Dated this day of ,1994. ' / ,CITY OF IOWA CITY \ //1 By / lusan M. Horowitz, Mayor /\ /Attest: II Marian K. Karr, City Clerk I / / / / I ) / i ) ss: I JOHNSON COUNTY) / On this day of / , 1994 before me, , a Notary Public in and for the State of Iowa, ersonally appeared Susan M. Horowitz and Marian K. Kafr, to me personally known, and, wh ,being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the C ty of Iowa City, Iowa; that the seal affixed to the foregding instrument is the corporate seal of he corporation, and that the instrument was signed ~nd sealed on behalf ofthe corporation, b authority of its City Council, as contained in Ordin~hce No. passed by the City ouncil on the day of , 19 , and that and Marian K. Karr acknowledged the xecution of the instrument to be their volunta act and deed and the voluntary act and cjeed of the corporation, by it voluntarily executed. SYCAMORE FARMS COMPANY 8. "j 'I By By o Approved by: City Attorney's Office ,{ C'~. STATE OF IOWA \ \ ~ ~4'(" ! r ~ , I I I , I ~: ! I' : I Ii 1 Notary Public in and for the S ate of Iowa \ \ '. .';' h ,/ tl, ~f V-:, 3?? (0 ~- ! ',~' ~I : , -~ : , ';, ..'~ -, . : ':)'~';'; " ' " " " ," :..." ' '.::' '-:', ':;.' ~ . ""."q.,:.." ' "/: ~I ,'"' 'l',',,'~' ",.,~,,, ,'... . ,\ , ", s; ,,1[5, .;,..""",\""",'11''-' ' STATE OF IOWA JOHNSON COUNTY ) )SS: ) On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who being by me duly swam did say that they are the and , respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was sigQed,on'behalf of the corporation by authority of its Board of Directors; and that //' 't and as officers acknowledged the execu i n of the foregoing instrument to be the voluntary act and deed of tile corporation, by it nd by them voluntarily executed. I,'" ,::, I' ppdadmlnlsycamore,cza Nrary Public . \ \ and for the State of Iowa , " ! ."1 ! J~ .1.' ~.J;") \ '-' \ ~ " I / I I ! I / ... i / I I , I I I I I ,I , " " ,c.. /. " '" ~ ~l 1 I / I' I' .,,; '.,1.' it ~; ':1' ~ " '. ') . r~._~~ I' ,I ',' ,-,;:';,,}V' ,',,' ,7* 377 ",' :",:":~;:;~\,o.:,)"\':0-'~;;'~'t':.:,,,,:\,;.. '''',' ~"'-"-; :"-""I~'5':""" fO."if; j~'/':L,_' ""....,.';,4:,:.-,," , '" -:~.,:,:J:,,,::} ('. .."' .:::~, ,. j;, . '. . , . I , ' . '::,":;.\:.'" '~t\\l; , ','I 'I', . ,'i'" ~ " ,.:.,\. , " '" '. :-"; , ,j,:,' ': . , ,',:, " " ',~:' , . EXHIBIT A SYCAMORE FARMS COMPANY ZONING RM-20 A tract of land in the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County Recorder's records, said point being located on the southerly right-of-way of Highway 6 and the west line of the East 25 feet of the Southwest Quarter of Section 24; thence following said right-of-way southeas~erIY33-0:76 feet along a 5789.58 foot rad~s curve, concave northeasterly, with a central arg1e of 3 '16'24" to a point that lies S 58' '5'25" E, 330.72 feet from the last described Par; thence following said right-of-way S 61 . 02 56" E, 465.18 feet to a point on the est line of the East 660.05 feet of the west half of the sout~east Quarter of Section 24; thence SO' 08'32" W, 987.08 feet to a point ,n the west line of said E 660.05 feet; thence N 89' 51'28" W, 343.80 feet; thence NO' 08'32" E, 461.22 feet; thence S 89' 56'44" W, 343.82 feet to a point on t e west ne of said East 25 feet of the Southwest Quarter; thence NO' 03'16" W, 922.03 feet to the Point of B C \ Said tract contains 15.000 Acres, more or less. r-'; if , I I I I I I I . ~ ] i I ::;}. \~1 ~ " '., A tract of land In the Northwest Quarte~of Section 25; the west one-half of the Northeast Quarter of Section 25, except the East 660.05 feet; the west one-h If of the Southeast Quarter of Section I 24, except the East 660.05 feet ther9of, lying south of High ay 6; and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6, II In Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the southeast corler of Bon-Alre Mobile Home P rk according to the survey recorded In Plat Book 2, Page 127/ of the Johnson County Recorder records, said point Is on the west line of the East 25 feet of the Southwest Quarter of Section 4 and on the north line of Section 24; / Page 1 , , ~'i \" ~\ o , 1"\ ,",'",0 :', " .,,'., .' ,. ,.,<! " ,'" ~'l7 '...'.,,' "\,, I ';", , ".. ~ , ,,',' r i, i r I I I, , 10 w' '~ls.ld, " '~: ',', . :-~r:::.\:::'~':'f ~" ....'..,.. \," .~, " thence N 0 '03'16" W, 709.17 feet along said west line; thence N 89' 56'44" E, 343.82 feet; thence SO' 08'32" W, 461.22 feet; thence S 89' 51 '28" E, 343.80 feet to a point on the west line of the East 660,05 feet of the west half of the Southeast Quarter of Section 24; thence SO' 08'32" W, 242.42 feet to the northwest corner of the East 660.05 feet of the west half of the Northeast Quarter of Section 25; thence S 0'08'32" W, 1545.16 feet along the west line of said East 660.05 feet; thence S 67' 52'28" W, 712.44 feet; thence N 68 '32'17" W, 374.14 feet; thence N 75' 02'01" W, 539.39 feet; \ thence S 76' 51 '50" W, 526.28 feet to a pOin~n the west line of the sanitary se er easement recorded In Book 1053, Page 40, of the Jo\nson County Recorder's reJ> as; thence N 0'09'02" W, 1618.31 feet along said w~t line to a point on ~~orth line of Section 25; thence N 88' 21 '05" E, 75.03 feet along said nortH section IIn7to t ~outhwest corner of said Bon.Alre Mobile Home Park; thence N 88' 36'12" E, 1290.05 feet to the Point of eginn~ . Said tract contains 84.331 Acres, more or less. / ~' I , ,- \ I A tract of land in the west half of the Northwest'Quarter of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: ' K , I ,. I Beginning at the northwest corner of Se~tion 25; / , thence N 88' 21 '05" E, 1244.42 feet along the north line of ectlon 25 to a point on the west line of the sanitary sewer easement recorded In Book 1053, P ge 40, of the Johnson. County Recorder's records; I I thence SO' 09'02" E, 1618.31 feet along said west line; , I I I ~ \. thence S 76' 51'50" W, 135.62 feet; I I thence S 50' 55'36" W, 231.50 feet; I I i thence S 41 . 54'27" W, 388.36 feet; I I I L." Page 2 \ \ \ \ ~ ( I,'C 0- - ;)',,"""""""""""" , ;"" '," ' ,"" ,,;':' "':',"''-',','' . .\"" " ,,':/!Q,/~ j} " " ,., ",:,', ." ", _' .'. --r '. ,;: - < - , :.,' ,. '11 ".' . , I I j ,] CD , '"': . 317 :,."':.,r:,:",;''',';,!:,;':, . :---[', ' "', ,":,:,,'" IS \; 10" ",:/,." "."r"1 "'..'--,-,," ~.'.., . ,wJ!t:!f: "i':. ^ ' ,.," I' f ....~ \ \ ~ , r Ii I I I l , i ! I :"',, \~~ ",,~" !' ~\ \' E~ ,', '- " '" . , ", ~.~h ."' H ',1,\, /' ',1 ','i/ ; ~ . " ... ,... ..... "",' '.q'.il '", , , , ,;.... . ~',:>;:,.:,.,"':..:,:,,:,' ":".\c',;_il,,,.,....; '"""'__'_A_ thence S 32' 46'33" W, 698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S 88' 50'25" W, 292.04 feet to the West Quarter Corner of Section 25; thence NO' 08'49" W, 2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres, more or less. RR-I A tract of land in the Southwest Quarter of the Northeast Quarfer of Section 25 except the East 660.05 / feet thereof; the South Half of the Northwest Quarter of,Section 25; the North Half of the Southwest Quarter of Section 25; the Southwest Quarter of the ,Southwest Quarter of Section 25; and the East Half of the Southeast Quarter of Section 26, all in Township 79 North, Range 6 West of ,the Fifth Principal Meridian, described as: / / Beginning at the Center of Section 25; I // I / thence SO' 08'41" W, 1339.94 feet to the southeast corner of the North'Half of the Southwest Quarter of Section 25; I / I / thence S 88' 50'25" W, 1320.88 leet to thelnortheast corner of tie Southwest Quarter of the Southwest Quarter of Section 25; I Southwest Quarter of Section 25; \ thence S 88' 50'23" W, 1319.12 feet to the sout~ est corner of Section 25; thence S 89' 09'38" W, 765.80 feet along th\~uth line of Section 26 to a point on the west line of the sanitary sewer easement describelin Book 1049, Page 346, of the Johnson County Recorder's records; / \ thence N 25' 23'09" E, 1380.95 feet prong salp west line to the south line of the property described in Book 1164, Page 148, of il Johnson \ounty Recorder's records; thence NO' 59'39" W, 584.99 feet to the north \ne of said property; thence N 89' 00'21" E, 290.1fteet along the north line of said property to the west line of the above mentioned sanitary selV'er easement; / thence N 25 '23'09" E, 607.16 feet along said wes line; 1 J thence N 9'25'49" E(276.74 feet along said west II e; thence N 38 '18'2/ E, 26.90 feet along said west IIn~',o the north line of the North Half of the Southwest Qvarter of Section 25; (this point is S 88' 50'25" W, 2181.24 feet Irom the Point of Beginning 1d N 88' 50'25" E, 432.77 feet from the ~\\st Quarter Corner of Section 25) C Page 3 ' o , ' ,/8,,' ".. ~ ',' . 10 'I ~,)1 ( I, ; , .' t,: I ' ' 10, HUT ' ~)t.t " z.) , '-':"::::", 1.... ~" )~ '," ~. , " :'., ':',.," :- ,:~.; ':' : , .'.:....t\ r : " " ',\ '~"' .. , . "', ' " ',' .....,,',-.....,:':., " , '~.,. ,,' '. , . ,:'.'.V''''''''''';~:'''"'~'~'''~':''':''''''_''__'_'h.'' '. -a'77 !.' C' ,..,.,"'.?5"lo" .. ,.,'(" , "! '., ' , . .'~.:.'; ..-:.",:;.:.:.:.:.:..:, ..:.:.:..::...:~ ~(---,:;:;:';':':. .;.:..;.;;:'.:.:.:..~;('l~:'....~i.'~~,;::":( .....~... ....:.;.------:.._,__,__.:...__....-.:...w~~..'..,,;,:.;;li.:J',~:'U,..~'S:_U"".:~l,;"..:i~.:.., ~;.i:,:i'.~::~;~',:,::,;;~ ,;; , _ :'~, ..,',' ...,~;, ,.f~-:'.;'~:,' ,... thence S 88' 50'25" W, 140.73 feet along said north line; thence N 32' 46'33" E, 698.64 feet; thence N 41 . 54'27" E, 388.36 feet; thence N 50' 55'36" E, 231.50 feet; thence N 76' 51 '50" E, 661.90 feet; thence S 75' 02'01" E, 539.39 feet; "1 ""I , thence S 68' 32'17" E, 374.14 feet; thence N 67' 52'28" E, 712.44 feet to a polnyolfihe west line of the East 660.05 feet of the Southwest Quarter of the Northeast Qu~rter of Section 25; / thence SO' 08'32" W, 1104.43 feet to the s uthwest corner of said East ,s'ieet; thence S 88' 50'25" W, 667.08 feet to the Po nt of Beginning. /' Said tract contains 191.409 Acres, more or le~i' // ~D-RM A tract of land In the East Half of the Southeast ~uart.e!o'f Section 26 and the Northwest Quarter of the Southwest Quarter of Section 25, and the Southea9t/Quarter of the Northwest Quarter of Section 26, all In Township 79 North, Range 6 West of the rylf Principal Meridian, described as: Beginning at the East Quarter Corner of Sect" 26; thence N 88' 50'25" E, 432.77 feet aIOng.~ north ~pe of the Northwest Quarter of the Southwest Quarter of Section 25 to the wes~lIhe of the sanItary sewer easement described In Book 1049, Page 346, of the Johnson Cou~ty Recorder's re ords; I I thence S 38 '18'20" W, 26.90 fee( along said west IIn ; thence S 9' 25'49" W, 276.7~~et along said west line, / ;' thence S 25 '23'09" W,lj07.16 feet along said west line to the north line of the property described In Book 1164, Pag~'148, of the Johnson County Re order's records; I I thence S 89'OO'21'>W, 290.14 feet along the north line 0 said properly; , .:~; ~, ,,~~ \ " ~ , . : ~ , I ! I i ~~ : :'" , , , I I' : I ~ , '--~ , thence SO' 59'3,9'" E, 584.99 feet to a point on the south II e of said property and the west line of the above mentioned easement; , , I thence S 25723'09" W, 1380.95 feet along the west line of sal, easement to a point on the south line ofl-ection 26; \ Page 4 ,;ro/ -:', ),:", ) <.< ,-,' \' '. ':.\, . \ : - '. - -- "'.0 . , "",0 I, "'" -".',,1',,,1,,, I , , ".. " ." .' , I I j , I , I , I .1 I j thence S 89' 09'38" W, 550.00 feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; thence N 89' 21'53" E, 208.79 feet parallel to the north line of said East Half to the northwest corner of the property described in Book 992, Page 820, of the Johnson County Recorder's records; 'I':'; thence N O'10'51"W, 2004.84 feet along the west line of said East Half; I i : t i .l ',I '."i , " I thence N 89' 21'53" E, 660.00 feet; I r thence N 0 '10'51" W, 660.02 feet to a point on the north line of said East Half; thence N 0'10'51" W, 16.50 feet; '" " ") thence SO' 38'16" E, 296.24 feet to the southwest corner of said property; j ) " thence N 89' 21 '53" E, 170.00 feet to the southeast corner ,said property; .' . .;: " thence N 0'38'16" W, 296.24 feet to the northeast corne of said property; ; thence N 89' 21'53" E, 281.26 feet parallel to and 16.50' n rth of the north line of said East Half; / thenceS 0'08'49" E, 16.50 feet to the Point of Beginning. '\ / / Said tract contains 59.589 Acres, more or less. / I , RM-I2 \ / I / / A tract of land in the Northeast Quarter of the Southeast Quatler and/the Southeast Quarter of the Northeast Quarter of Section 26, Township 79 North, Range 61\ Wf3st of the Fifth Principal Meridian, described as: / // Beginning at the northwest corner of the Northeast Qu~~er of re Southeast Quarter of Section 26; thenceNO'10'51"W, 16.50 feet; 1/ \ thence N 89' 21'53" E, 660.00 feet parallel to "t 16.50 feet no h of the north line of said Quarter Quarter; / thence S 0 '10'51" E, 676.52 feet; , thence S 89' 21 '53" W, 660.00 leet l a point on the west line of aid Quarter Quarter; I thence N 0 '1 0'51" W, 660.02 f9/to the Point of Beginning, / , I Said tract contains 10.250 Acres, more or less. / / I ;' / , I ;/ ~ I ~, : I". : I I II . "~' ~~~! ',. , ~~" \ \ . , Page 5 " ,.. , .. :,:;,:,,--,,; .. , ':; ',; ~.: .',""), ',:"q,.' ",i!')',",:;;;'?;'.' ,"":,',;,'\:, :' ,,:, "~.. .' '., '," .' :.".' . ' ." , ,. .r':,' : ':.;\,,:.,~.:,,:::,: ~?? ,'i' ""':;:"":"';"1:"";::';"""",'1"'0"','';,:".,' . ,")5",;" " I, ,'",.. , \00.: ~,,,: ~:' .. ,., I .,' , ' : \" ,-:" ~ ;:' ':'!: " ;.', '.' i " , . C~~___"_- ,: , - '. .~, ".... ,.-,,'j ;~a ~% , , t: i I ~ \~ ),11, " ~, "",...... , I 377 "I ;t. " ~) " .!': ~": i ': , . . '.'\'. . '..t'I" , .' ',', '~ ".. , , "', , '. ~' 'I , .., "',' '.'.:',,\, '......: , ..." . :_..,;~:~ ,'; ..4 ._ .;"~,'_""r';'''''';'.',,,,,,:.:.:..,:::.;,'..~..:o,:CJ.',.< -.:'....~;.;...,.;,.;;;.,...;:~:"""-"".'~;>.,'......,,:.:.,...;,.....;.:,_.. _. '. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (herei er "City") and Sycamore Farms Company, an Iowa Corporation (hereinafter "Owner"). WHEREAS, Owner has equested the City to annex nd rezone approximately 422 acres of land located south of Hig ay 6, east of Sycamore treet and west of Sioux Avenue, legally described on Exhibit A, fro the County designa~ion of RS, Suburban Residential and R3A, Multi-Family Residential, to S-8, Medium Den~i(y Single-Family Residential, RFBH, Factory Built Housing Residential, R -12, Low Den~ny Multi-Family Residential, RM-20, Medium Density Multi-Family Residenti I, RR-1, zur I Residential and ID-RM, Interim Development Residential Multi-Family; and WHEREAS, Iowa Code ~ 414.5 1 9 provides that the City of Iowa City may impose reasonable conditions on grantin ner's rezoning request, over and above existing regulations, in order to satisfy public ~eds directly caused by the requested change; and WHEREAS, pursuant to the annex tion Iicy of the City's Comprehensive Plan, the proposed rezoning is subject to the develo er agr~ 'ng to pay all of the costs associated with providing infrastructure for development the subja t tract, except for any oversized costs for an east- west arterial street if such an rterial stree 's located through the development; and ' WHEREAS, the City wishes ensure the app l'1 priate allocation and suitability of neighborhood open space and the availa i1ity of a public scn, 01 site; and WHEREAS, the propert~ contains wetlands, al, s of hydric soils and other e~vironmentallY sensitive features; and " WHEREAS, pursuant 0 the Comprehensive Plan, it's the City's policy to preserve and protect environmentally sen tive areas; and WHEREAS, a con actual agreement with the Iowa De artment of Natural Resources (IDNR) obligates the City to protect environmentally sensitive reas in the vicinity of the Southeast Interceptor Sewe line from potential adverse effects of velopment; and WHEREAS, 0 ner acknowledges that certain conditions ~'restrictions are appropriate in order to ensur appropriate urban development on the south astern edge of Iowa City. NOW, THER FORE, in consideration of the mutual promises ontained herein, the Parties agree as fall ws: 1. Syca ore Farms Company is the owner and legal title holde of the property located south of Highway 6, east of Sycamore Street, and west of iq,ux Avenue, legally described on Exhibit A, attached hereto and incorporated by this reference. 2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract, except for any oversized costs for an east.west arterial street if such an arterial street is to be located through the development. o 0" /' to,'" ,1,,<', ,'; ".. . "' " I . 11\ \;) '. Id, I '. .4. 1 , I 1 l i I ':1 ! 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code ~ 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. p"\ ,", '" " 7. The Parties that this 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 running with the title to the land u less or until released of reco d by the City. The Parties further acknowledge that t is Agreement shall inure the benefit of and bind all successors, representatives nd assigns of the Partie . ".i " "I .". 1 . .:1 "-<:,'\ - 1 , I ,:/ 'j ','.i " ":,t , .; , '!,' 9. Owner acknowledges that no hing in this Agreeme t shall be construed to relieve the applicant from complying with II applicable loc~ state and federal regulations. The Parties agree that this Co ditional zon'~ Agreement shall be incorporated by reference into the Ordinance rezo ing the s ject property; and that upon adoption and publication of the Ordinance, this greem nt shall be recorded in the Johnson County Recorder's Office. 8. j~ r '" i Dated this day of , 1994. ',,1' SYCAMORE FARMS COMPANY CITY OF IOWA CITY By I : I , ~ I AUes! 'Marian K. Karr, City Clerk \ \ \ \ \ I , I I 1~1 I I lL) It'; ',.,1 ",,. ...~~ o 'f ',""" ",( 'I,'," '(,I,'"'" -.;:',' ,", ",,:':.,::'~,'~'~,:,:. ~}.~:\R,< :';j:~:'.-;;: ,,: 317 ,,', ,,,,.,,,,, p" '<""'" ","' ."" '1'....---" '."""""" jiif:.'," \':" ","" ; 'f' ,,') 5-< U 0:, . . ./ -- '" I"': '" ,~::. :'.".^",~' j ;,,' ;:-, ~ ;B,i;.~:"i:'~' . 5- I :1 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ~ t On this day of , 1994, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by e duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of low City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the co oration, and that the instrument was signed and sealed on behalf ofthe corporation, by au ority of its City Council, as contained in Ordinance No. ' passed by the City uncil on the day of , 19 , and that and Marian K. KaIT acknowledged the execution of the instru ent to be their voJ ntary act and deed and the voluntary act and deed of the corporation, b it voluntarily e ecuted. Nota P Iic in and for the State of Iowa o . i -"', jJ r '0' r- \ . \ STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this \5 day of WrlJ!tW ,1994, efore me, the undersigned, a Notary Public in and for the State of Iowa, &1 rsonal appeare Stephen F. Bright, to me personally known, who being by me duly sW9Tn did say that he is the President and Secretary of the corporation executing the within "nd foregoing instrument, that no seal has been procured by the5Q,rpora,~~on; that said instrurT)'mt was signed on behalf the corporation by authority of its B?a,r~ ~f:~i~~ctors; and that Slephen F. Bright as officer ac nowledge~ the ex7cution of t~e ifpregoing' Instl'!Jment to be t ~ voluntary act and deed of tli corporation, by It and by him ,,' yc>iu'ntarily executed. 'i " / ! , ;.1\,\ I , \ ',," o ~'~? f ! .' ", . ",' I ," ','; '.. ppdadmlnlsycamora,cza I , If I il ~1. ) I .' ili . " , I .. ':,~ , o ! 3'11 "":i.;~::::':'''','''''''::\''-''':'''''' ":",(" -;..'.' \. ':"", ", "1"0"" '.,; ',' '.", . : '1'.5','.' ' .. ',., ,'.... ,y\ ,". ", "",' ,I,',: ") , ", ';"""," :~,-,':" :,', ,:.,' . .~. ': . .~ --, /., ....'...' , , ".. , "", ' ..' '. ,', -- ,. ,._,~'.~.:.-_.':..;,;;;...:.:.......';O'.l..'.,..'..,.;'I"~'::a.J.a.....',"":.;.,,_;,;,.;~...,""""'.....~.~.:.:._'_'~~_.. :':'. ~\ ORDINANCE NO. , i , , AN ORDINANCE AMENDING THE ZONING ORDINANCE BY APPROVING THE REVISED PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN IPDHI FOR WALNUT RIDGE, PARTS 5.9, AN APPROXIMATE 85,32 ACRE TRACT OF LAND LOCATED NORTH OF MELROSE AVENUE ON KENNEDY PARKWAY, WHEREAS, the subject property, located north of Melrose A venue on Kennedy Parkway, is presently conditionally zoned OPDH.1! Rural Residential Planned Development Housing, to permit the development of the property for a large lot, residential planned housing development; and WHEREAS, Southgate Development Company has submitted a revised preliminary PDH plan for the subject property; and WHEREAS, the lot layout and street configuration of the revised preliminary PDH plan differ significantly from the approved preliminary PDH plan; and WHEREAS, Section 36.48(d) of the Code of Ordinances for the City of Iowa City, Iowa provides that material changes in an approved "prelimlnary PDH plan shall be subject to the approval procedures set forth in Section 36. 48(bl; and WHEREAS, it is the intent of the Council that the property remain subject to the terms and conditions of the Conditional Zoning Agreement, approved on January 8, 1991, by Ordinance No. 91-3485 and recorded in Book 1197, Page 107 of the Johnson Couilty Recorders Office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below shell retein its classification of OPDH.1, subject to the terms and conditions set forth in the Conditional Zoning Agreement approved on January 8, 1991, by Ordinance No. 91.3485, and the revised preliminary PDH plan submitted by Southgate Development Company for Walnut Ridge, Parts 5.9, Is hereby approved: Commencing at the Southwest Corner of the Southeast Quarter of the Southwest Fractional Quarter, of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence NOoo23'09"E, along the West Line of the East One.Half of the West Fractional One.Half of said , ' "";,,' ,. I. ".J;~ \ '\ \ ,..>!Ilt ~:~ ! ' ~. ! '~ I I l ~,' ,i i1~ R~ 'f !~ ~ "I (~ 0 -: i,-~.,'), ;j""'" ',' ''''." ":', ,', " ."..',:.,",'...:"".- ' '",::',;8.,':' ,,),i.. _! - - 31' .".','.'.' ['"' 25' ,." t Jif1; 'JIZ I I j , ~ I' i' (71 \J :! . .' " I , ' " ,', 'I', """.:,.,.'.," 0". '.""'~'\' ""., ' l'; ,):.'+ ".' ,} ! , , '~', { " ~f 1:: ,I,' " >- l''''~ r' ,~ "'~,'" C~j \1\ ,2 H"'~ ! .- '., ! I ' r I ii, ,I I I ~" ' ii' ; ~ 1'<',: t:,"",,' \1'~ ."" ".:.' L_...; o : ,,' , L Ordinance No. Page 2 Section 7, 2315.58 feet, to the Point of Beginning; Thence continuing NOoo23'09"E, along said West Line, 2987.83 feet, to the Northwest Corner, of the Northeest Quarter, of the Northwest Fractional Quarter, of said Section 7; Thence N88 0 30' 17" E, along the North Line of said Northeast Quarter of the Northwest Fractional Quarter, 1320.00 feet, to the Northeast Corner thereof; Thence SOoo22'54"W, along the East Line of said East One-Half of the West Fractional One- half of said Section 7, 2687.31 feet; Thence S73032'25"W, 239.51 feet; Thence S16027'35"E, 55.49 feet; Thence S73032'25"W, 161.46 feet; Thence N78015'03"W, 235.85 feet; Thence N04057'17"E, 89.48 feet; Thence S67017'52"W, 791.07 feet, to the Point of Beginning. Said Tract of Land contains 85.32 Acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS, The following variations from the requirements of the RR-1 zone have been approved as part of this revised preliminary PDH plan: A. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet. B. Modification of the City's street standards and specifications for collector streets to permit a pavement width of 28 feet, back of curb to back of curb, for the undivided portions of Kennedy Parkway. Where the two lanes of this street are separated by vegetative Islands, each of the divided lanes shall be a minimum of 22 feet back . of curb to back of curb. C, Reduction of the pavement width for all other streets from 28 feet to 25 feet, back of curb to back of curb. D. Reduction of the pavement width for all cul.de.sac loops to a minimum of 22 feet, back of curb to back of curb. E. Variation of the cul.de.sac street limit of 900 feet for Shagbark Court and Chestnut Court. F. No provision for public sidewalks adjacent to streets within the subdivision, except Kennedy Parkway. G. Kennedy Parkway shall have a four foot wide sidewalk, constructed by the developer, on only one side of the proposed right.of-way, This walk shall be continuous from a point on Melrose Avenue to t,he ,.,':?"';"t",9,1,/::... ~~, , , 1, I , I I I ). , , .' J 11 ", ....' . , "' ,'" ,''':'' ...".",.,1: "\"""''':'''''\':''''''')5'' 1"0.,' I" , : . :L . j. " ;'. " ~.'. :'~ ' "~ :' ~ ;:' ;:'; , 'j " I , i -I -1 ~ : t , t' , ~'. r ;., 1" '. i:,! ,. " ','.'i'. .! ; I (I ,I ("'~ \ ," rei r . I 'iL ~': ,~,- 0 ", '.,.J. '.,.'<<" ,i--. ,'.'. .. ','u_ __,\.. . Ordinance No, Page 3 "j point where Kennedy Parkway intersects the west boundary of the subdivision. H. Reduction of the minimum lot width for Lot 68 from 80 feet to 40 feet. SECTION III. CONDITIONAL ZONING AGREEMENT. The Conditional Zoning Agreement for the subject property dated March 19, 1990, approved by Ordinance No. 91-34B7 on January B, 1991, and recorded on January 10, 1991, in Book 1197,Page 107 shall remain in full force and effect. SECTION IV. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest and to certify the Ordinance for recordation in the Johnson County Recorder's Office. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this I @ MAYOR :.:: ATTEST: CITY CLERK Approved by y'/7a.~ W J:~ City Attorney's Office t 0?7 - 9'1 - ppd.dmlnlw.lnI5.9,,,d 311 .'.. .",', ... ". i '.' "':i,:..,i's!.',(:;'),9,'",':.:/;,'-,f{:::'1l'i:;:"r'"""\,':1""''','' ... ""15.'5 .,___~~_________~_'__'''''__~______'',______ 'N. ""~:,::~" " "'.:'., "...' "::': '"\ .: \ "'..""1".:,","';',::,',.,' '. "D':' , " ' , '1,\' ,,' " .," ",< , < ..t:!~~.:;J~L: '.". ,"', .: .:. .~,_, ,,_''-'..:,..l._.,:~'__'.,,; ,;". It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAys: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ,\ :'j ,-I , , .1 , . ;, .! First Consideration Vote for passage: ~: Second Consideration Vote for passage: . ~,\ Date published 'I " . i, ~i"".,""" ..... ,- \ ' \. .- , , ;;.,.[' \ I' , i ' i ' i\ I!"; I( ~ ~'I,"',':,',",,', ... ~~ !~ " .- .t. 0 . '--u.._~q':~.':,:--,:,., -_ T '" J _"c:~"":"",,,"'ii"";",',"i'"''~n',''-':''_''' .' ..'.,. ..,'.. ::,":":;'2,:}:"Q".,';., ):,:"""\., ",..'.'. \ " " ,L~" 'lI~'''''''''''.'l~:~~',~'.,'' '~," ;"..,.",l' ::~i::', .' ,'". ,',.' , ~. ,< "!;:' , ,,'I ',.,-'. . .' "\11 .. '" \J ',' . ,",', 1,':-'~""'la: "IS)'",,8w; ,.:~ ' ~.:,:"(':':"'.'{~!"I': ',:'1'1 , ~;;:":..: . .,:"":',::' ..,~':,:. ~.lfJXJ.UHi," .,""-- :~\. ",<,ir;'\;'l' ," " ',.... ,I " C~OOOOC"",~"",,,.;",,,,;,,,"-,,,,,,,,~,,,,",,=,",,,,,,,,~;,"-=:,,", ;",,', ,;"",,,,,,",",~-~.""-;: ~ ~, , ".. , ; ORDINANCE NO. ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION II ENTITLED "PRIVATE PESTICIDE APPLICATION," WHICH ARTICLE SHALL PROVIDE FOR REGULATING PRIVATE APPLICATION OF PESTICIDES AND PROVIDE FOR THE ENFORCEMENT THEREOF. SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adopting the following: Section 34-77 Scooe and Puroose State and federal law permit a city to exercise any powers or perform any functions under home rule which the city deems necessary, in order to protect the health, safety and welfare of its citizens; and said home rule extends to the exercise of powers also undertaken by the state or federal government where, as here, not pre-empted by state or federal law , The City Council for the City of Iowa City therefore adopts this ordinance concerning private application of pesticides to outdoor vegetation, in order to protect the Section 34-78 Definitions t health, safety and welfare of the citizens of Iowa City, Iowa, a. "Private Application" means all broadcast application of pesticides to outdoor property, i:'-: ,\! (~:\ \~ " excluding commercial application and also excluding application by a certified applicator who uses or supervises the use of any pesticide classified for restricted use for producing an agricultural commodity and as governed by federal law. "Broadcast >:;...:.. application" is not intended to include spot applications, i, ~ b. "Farm" shall have the same meaning as that set forth in the Iowa City Zoning Ordinance, Chapter 36, Iowa City Code of Ordinances, namely "an area of not less than 10 acres for which the principal use is the growing for sale of farm products such I F' : .' , : ,. I . ,I : ~ .. ,":, as vegetables, fruits, and grain and their storage on the land. The term 'farm' includes "h- the necessary accessory uses and buildings for treating and storing the food produced. " 383 '.iCO - :"',','~~, . , n )'''''''''''''''' " ' , :"'.'~;/,:.~"O'':'I.'":''' ,;/'::: ' ',. " ''-'', ;/.'," i . ..(:", ~,:. ,I" ,.-',,\":'.' -~ ..'" .~\<:.',:'..:.;i..".',;.:..:,I..i' ,',~ .,"'[,'" ,S "'I" ,,',,:,' :",.0.' .. , /. ",' """,r,'. ',:-.' '. 'I,"~,:'. ._L " . . ~, . '. .... '. .' .. - . ,.' . -' - . . ,", I " I,'" ',' , ' , " . . . .' ....;. I', ',' , . ',t" ~ '\'. . ' " .....;;~:..!.._..., , I ,'."~.' . I , .;.\ I \ \ \ , I . " :i \ :\ ~' :. , .~ , , . . ":L.' i':' I I' I , , , I , I I ! r,.! I ., ", i~ - 84 " ... ,~, '.,'1 ";' " ..~ , ' . : '. ~,.:,;.,... :~,! ~' .' . 0 ," , :..')r,\\i:'\' :.:'f':' " .. , , ,I I ;'.'"t: I ,',' ,', , , .'.,:,...,...,'. "~ J, .-; " "; '- , ',";,','.';1..'" ;.' , , ".. . . ,j.,~;",'~'':':' hO., :~';~':'\; :uL:"::E;'~:~~l~ ',~,"i~~}X~~:";~~'::-!::.'.:;:"' ~;,.~~ ;~~ '-~t.:t:l:ci'J'2~j~i;Xt:J!;iii~>~~"2:~~;;,; ~:il::,~I~~'~~~~~;:::2~:,:~L;;L~',~, t1J , ,\ , :, '-"~ to J " [I I II) I II I I ,k I i ! : I , :\.L~ \"". f . '/' ~~,-,',:,""',; i, . ;;t. , W. 1.'.- ".' "-_-""\.- '.""',, : ,,'.': !:'. . :;:,~' ..,;. . ',..'t-.., ;;~.' ~;"; .- ~ .'l :.;.:__. '". '",,',,...... _,_.__.:-.-:....., ORDINANCE NO. ~ ~. ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION II ENTITLED "PRIVATE PESTICIDE APPLICATION," WHICH ARTICLE SHALL PROVIDE FOR REGULATING PRIVATE APPLICATION OF PESTICIDES AND PROVIDE FOR THE ENFORCEMENT THEREOF, SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adopting the following: Section 34-77 Scope and Puroose State and federal law permit a city to exercise any powers or perform any functions under home rule which the city deems necessary, in order to protect the health, safety and welfare of its citizens; and said home rule extends to the exercise of powers also undertaken by the state or federal government where, as here, not pre-empted by state or federal law . The City Council for the City of Iowa City therefore adopts this ordinance ~ concerning private application of pesticides to outdoor vegetation, in order to protect the ~ health, safety and welfare of the citizens of Iowa City, Iowa. Section 34-78 Definitions I a, "Private Application" means all broadcast application of pesticides to outdoor property, excluding commercial application and also excluding application by a certified applicator who uses or supervises the use of any pesticide classified for restricted use for producing an agricultural commodity and as governed by federal law. "Broadcast application" is not intended to include spot applications, b. "Farm" shall have the same meaning as that set forth in the Iowa City Zoning Ordinance, Chapter 36, Iowa City Code of Ordinances, namely "an area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land, The term 'farm' includes " the necessary accessory uses and buildings for treating and storing the food produced. " 383 o t'",' ..l....:~ ~~- 'u- J,....:",..,' ',:./q"" ".'>! 'r' '....',,' .','..,' , I' ""i: " ' 0, , '.-", _'~ J - .;"."'".,, :'""'\" '1".' ,) c. ~ ~? \ ',' ',' " :-"'i,. '.'" ""'.'1,:'" , ",I . ~..' ",' " ',\ " , " '. : I , I , I I '.' ".. :i .:'t .. '~ .! , , Ordinance No. Page 2 I , '" ;"; .'1 c. "Pest" means (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living , ) animals) which the Administrator declares to be a pest under section 136w(c)(1) of i I , I 7USC~ 136 (FIFRA). ), d. "Pesticide" means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of , ',,', substances intended for use as a plant regulator, defoliant, or desiccant, except that the term "pesticide" shall not include any article that is a "new animal drug" or that is an animal feed bearing or containing a new animal drug as defined by federal law , e. "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, ,....'-.--. I" ( r~) iT'll . I~ I I ' I . I I I . i , I I , I if'; iI', i I I~ ~L./ trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, the term "plant regulator" shall not be required to include any of those nutrient mixtures or soil amendments are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration, f. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. g. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; ~~3 G' "..:. ':, 0 , -:-, ",--- - , ".'" ')";,.:"" ,,'1,0, ,;:' "'J'~'" ," ,.i' " - ----,".-,:'." ", .,'-,..:...".',...', , .\ "I"" I ~) r. ',' " ~ .) 0,:: ,'i.', ',',_ ",'". I Ordinance No. Page 3 h, "Private applicator" means any person or entity who applies or causes broadcast I 1 I .1 ( . ~ application of pesticides to outdoor property whether by spraying 1 misting, fogging, defined by state or federal law, and also excluding certified applicators who use or dusting, drqgging, spreading or other means, excluding commercial applicators as , , , , supervise the use of pesticides classified for restricted use for purposes of producing ..". ;: an agricultural commodity, as governed by federal law. .," i. "Property" shall mean any lot, lots, tract or parcel of land within the jurisdictional limits of the City of Iowa City, Iowa, excluding farms. ~ notification signs on each such property. Said signs shall be City-provided signs, with a fee to be established by Resolution, the signs to be of a material that is rain-resistant \ '\ I i Section 34-79 Notification Siqn Requirements " " " a. Prior to the private application of pesticides to property, private applicators shall place for at least twenty-four (24) hours, shall be a minimum size of 8.5 inches x 11 inches; ~::,' ~ shall have bold black lettering on a bright yellow background; shall be easily readable; ,~ \'" , 'i ..',' 'I c\\ shall include the date of application; and shall contain cautionary warnings to the public to keep off the treated ,area using the following language and logo: ~ CH&MICALLY TRE reD KeEP OFF ~:7~ . I ;(" '''0 .. (.- "'-..7, ~L '" :' ,-, ~. " ":.,." )" ""_,.",..,""_,..",_,,,.,,, ,'W ;,.':':':O":lif"'/'-\ ,.."" \, .C'''' ~:':':t:":"l;"~~, ,1,,\\<::,\ "~ . F?":';":>' ':,' : ' ' 3r3 . , " i'fO'''''T I. 5);l · '0: " DO HGI flMOVI fOR t4 Hila ,:,,' " ..',,", ~(\'l"> : ,.l. " , ,,' ;~, .,.'., , ',' ~ ' ':',:' . . . , '.' ' , .",{ ir;' :::'i;'~_,;",~"=_.":_","".,'"'..2.,:c~.",,..{L"'~:'~~':";~.c..";;",~g;'b:1.;;li.:b,~:J~,~:::,,.Lth;,,'''~:,''b:~':"d;;;;;~'',,;c;, ':i,.;,;,."..;,.,;', '.',",0'" , ' (.'." Ii , .: l ".. . " " ..., ' :,,~l'':'': l;:,~':.';;~";"''''~'.'''.,,-__..'':'_._,__ Ordinance No. Page 4 b, After private application of pesticides to a property, a private applicator shall leave the notification signs in place for at least twenty-four (24) hours. c. Location and spacing of said notification signs for private application shall be posted on a lawn or yard between two (2) feet and five (5) feet from the sidewalk or street. When landscaping or other obstructions prohibit compliance with the minimum distances, the notification signs shall be placed in a manner reasonably intended to give public notit:e. d. State rules otherwise established by the Iowa Code and the Iowa Administrative Code -" governing golf courses, public rights-of-way, and parks, playgrounds and athletic fields are not intended to be altered or affected by these notification requirements. Section 34-81 Penalties I)' Violation of this ordinance shall be deemed a simple misdemeanor, or a municipal infraction, Said enforcement provisions shall be deemed cumulative in nature, and the r---j (, ,.,.\ ' ,..~,\ \ \ \\ ~ ~r';l I " City's election of one enforcement provision shall not preclude the City from pursuing another. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any of the provisions of this Ordinance are for any reason " declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION V. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and ~ after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,1994. ~i3 o , " " ~. '.',', ,-., :. '.' '...~,.' .. ,"', ".' . ..' ..'.; , "\ ' \ , 'j's ,[tt ..'.. ,\,.,\1,"" , Ordinance No, Page 5 MAYOR ATTEST: CITY CLERK '"''-..j Approved by C;?tl-L,~-c City Attorney's Office ?'Vifr; n:\lega~lng\vegacom4,ord r .t, (-'j \ '~ <::7':'\ I, ,~ .:CMo '~', , ;', -,-- ~ ,:';i~J;~':l"~"',):::,~':: ;'," i " ,[ , ~ ' " . ' 1 '\ ',. - ~~3 ..:.... "I I I '"I .", I' " t " ":.<..~"\:T"": ";~I'F.': ') ',. ::" ;"',', I!,;:", T-:~"",::i:'" ,0, ','i~" ',t.. );' '... .. I"'.'o"i\ " " , ""'.!'."",';,,".