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HomeMy WebLinkAbout1994-08-02 Ordinance ._;;..,::.:,": -;""1 :__ ;1\. '.< ~ ~~~~~7;,::,: '?:.;':',"I;: .' '.: '...', ' , ': ',:,;. "r' ..' ~ '.,' 'I ,'., '-: .:~ ;'.: '. " J , , " . ". ..... "'. , ' 1-\ ~ m.\.q , '\ ORDINANCE NO. 94-3633 '-j ;J r AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO CHANGE THE DEFINITIONS OF "DEVELOPMENTALLY DISABLED:' "FAMILY CARE FACILITY/FAMILY HOME," AND "GROUP CARE FACILITY." I , .,,1 ~ , ~ 1 \ WHEREAS, persons with a broader range of disabilities are eligible to reside in group home settings; and WHEREAS, the current definitions of "developmentally disabled:' "family care facility/family home:' and "group care facility" are restrictive in terms of age limitation and program specificity; and WHEREAS, recent court cases, sections of the Iowa Code, and federal legislation, including the Americans with Disabilities Act, require that group residences, particularly those with five or fewer residents, not be discriminated against through the use of zoning regulation. , " \ . ;: :: :,'J,. "'.( ~, , l,;I" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT SECTION I. AMENDMENT. Chapter 36, Article I "GENERAL," Section 36-4 entitled "Definitions" of the Code of Ordinances of the City of Iowa City, Iowa, be hereby amended by: a) repealing Section 36-4(d)(4), and adding a new Section 36-4(d)(4) to read as follows: Subsection 36.4Id)(4). Disability. With respect to an individual person, a physical or mental impairment attributable to, but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; or a mental or nervous disorder which constitutes a substantial Impairment expected to be long-continued and of Indefinite duration. b) repealing Section 36-4If)(3), and adding a new Section 36-4If)(3) to reed as follows: Subsection 36-411113). Family care facility/family home. A community.based residential home, such as a residential care facility, a child foster care fecility, a community supervised apartment living errangement, or other small group residential arrangement that Is government licensed or approved, and " .: :" t, ,Ii ~ I j ! ," . .if 0 ':., Ilr;' -- \, ", ", \. .,;,.,j? J ':rr;;7'i(.~!....,~...."-r~'_"'\1'~'c:.,..~...,."1"~"-".'~~:-:::T."rr'I~'"~~'''':,' ',',', \',' ,-:-:-" :' ." 'I ' -, '\'~"f.,~t~I!.J';';):';'~'\\:';~'''i;''''''''~''I';':'\ :,:,;,~'''.''",:',:::...;: ',I\;,I::~ ,.!..'..:!~ ; n". .' ",'";\;.'<,):,9:,:,;L,,~1'/,i;i':,,i,;i"., ',' ',' '>~ $!';";:",,;.4:li:: \~\~ "", j 1 I I I ~':'f!f:: ~.'. ~;...':'::r ',:'..(;, '. .'1.,.....'. . ',' ': ;t\~'I} , 1,_. ,", , .;,~, . or . .'~ - ~ " ' . . Ordinance No. 94-3633 Page 2 ;.::. provides rDDm and bDard, persDnal care, rehabilitation services, and supervisiDn for not more than eight (8) persons with disabilities in a family environment by counselor(s) or a resident family, However, family care facility dDes nDt mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa. c) repealing Section 36-4Ig)(6), and adding a new Section 36-4(g)(6) to read as follDws: Subsection 36-4(g)(61. Group care facility. A government licensed or approved facility which provides resident services in a dwelling to more than eight (8) persons not including resident staff, but not exceeding 30 persons. These individuals are persons with one or more disabilities, are aged or undergoing rehabilitation; are in need Df adult supervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes, SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi. nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of August, 1994. - #!"ti;;'~ CITY CLERK r .t \' \. '~ " I' ,', I I I I it' ~ , ppdndmlnldlsabla,ord .~ i, '. i{ L ,_t~~_ "r,' ..,';""",',",." ,"",', '::.:-:,'}:'<,':, " ,I, " '. '" , '. ;.>:,',.- I~IB "1', r': .....', ;, ,;,1, \"'.'" ...,.......,., l""~").f"'~"""'" ""<'-J"'-"'''""'-'c-''.'~''-''-'''''', ,'''.-,' ",' ,'. ',1:" q'" '" ,,',",: 0/.)' , " \ii:":','/""" '<." ".'0>,' .'\!."~' ,:':;';}/ril,>, . elf ''','''' ,..': ...l/t", .".-..'te,,"''''',;,' .. .f'J'" .U,,r. , ,,' , ,.':/\":-:':"\:;':")':';",:,:' C,,;' ,', ," "'.-:"..:~~ '1";::.~':'''~Ji'''''f<.-'i: -- ~;t:f"';:';; ': "-", , . .".' .C,;: .:.. -_.._--~-...;---~_.....:~~.~;..":'-",":':--=:':~~:...:. It was moved by Pigott and seconded by Baker as read be adopted, and upon roll call there were: that the Ordinance Ordinance No. 94-3633 Page -3- , !:, AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton i,' First Consideration 7/19/94 Voteforpassage~YES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. '. Second Consideration Vote for passage: i'! ',1 , , , ! Date published 8/10/94 ',.I Moved by Pigott, seconded by Baker, that the rule requiring ordinances to be considered and voted on fot passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration be waived and the ordinance be voted on for final passage at this time. AYES: Novick, Pigott, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: Throgmorton. I , ,.'1 ..-, ,c,'l " "l i I , , ! .'; , ;n f,", , ~ ~ IT. I ' , i ~, ' " ~(j_/,i:, " '" , ~ '<'d 1'1' "",.,' ',' 1\ 'C~'_. ":',"1 "~,;,, , ",' ,,'-,,,.',-(0',_,,,. :: " : ,; " :\'.' '.', ',...~; ,-',',,, ( " ," , ' :.,~,', .;.r:,~;~:!I(;( ';j ;,~~.~;:,~,'"~~~'~~TC,~;\~....;,,:;)..\ti\'1?-,;7.'1.1~~',::':;~'(;,.~r~''''Tc:r"f'''~',',~~'' ~.., B.' "\,':(.,'! ;"<",>;:,',,,0;;,,2i\,):,I;:::;>:.;\ .' '.' '.'.,'," ,t5";:;UC]~; '.':,'" ~-:-,::f ',"J". ,::'~''',:::\ -, ~-" ,,~'; )~?;:';':::',;)_~"';';'r';;:::'''~>.;:i,'_'''", .' :' ;:',,' '".,.,:.,~ ':';:~'::~',;;,;.l'~'Q'!F~:). ,,"',',' ':'\',,:, " ",,', " " '>j.' ::',\ '.','; m'li'l' " ' :~~' . \' ( d I I I \ ~ '~ .\,'~ '", t, t, 'J( . '" j" ,. ~'-' T'l'" . ,.: " . ." ", ~t~" " ",\1,\ , . '~ . ,', '.'.,:1 ....,., .. -', '-'-'''-""~,,,~,,-,~",~,_. . , {. . ..'~ ,.:.. -. ' o .' .,'. , .- . . . , ' . . .. ,;, , ' ;'. , __,_.._..:....,. .~..'.., '...,......"'_'-lJ....."~.,.,....".'<''''-'.....,,.,~,''~....''-.....'-'-__._ _'_h . ORDINANCE NO. 94-3633, , AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO CHANGE THE DEFINITIONS OF "DEVELOPMENTALLY DISABLED," "FAMILY CARE FACILITY/FAMILY HOME," AND "GROUP CARE FACILITY." WHEREAS, persons with a broader range of disabilities are eligible to reside in group home settings; ,and WHEREAS, the current definitions of "developmentally disabled," "family care facility/family home," and "group care facility' are restrictive in terms of age limitation a d rogram specificity; and WHEREAS, recent court cases, secti s of the Iowa Code, and federal legi ation, inclu ing the Americans with Disabili es Act, requir that group residences, particu rly those with 've or fewer resident, not be discrimin ted against through the se of zoning regulation. NOW, THER ORE, BE IT 0 DAINED BY THE CITY COUNCIl: OF THE CI Y OF IOWA CITY, IOWA, THAT SECTION I. AME ME . Chapter 36, Article I "GENERAL," e tion 36-4 entitled "Definitions" of the de of Ordinances of the City of Iowa City, ow , be hereby amended by: a) repealing See on 36-4 )(4), and adding a new Section 3 .4Id)(4) to r d as follows: Subsectio 36-4Id)(41. sability. With respect to individual person a physical or mental im airment attributable 0, but not limited t mental retardation, cer ral palsy, epileps , autism or another similar n rological condit' n; or a mental or nervous isorder whi constitutes a substantial imp , ment ex cted to be long-continued and of inde 'nite d ration. ) repealing Section 36-4(f)(3 nd adding new Section 36-4(1)( ad as follows: Subsection 36 Id)(4) Family care facility/family home. A community.based residential home, such as a residential care facility, a child foster care facility, a community supervised apartment living arrangemant, or other small group residential arrangement that Is government licensed or approved, and .~, , . , " , . "'. _ _.__..r_'~_'k_"" ...' .'..'C"".......,'.." L '."'.'.^,'~' _......_.. , S\er\'''J' ~D~'J'~('$ ,,\ )',..,..,.....,'"v..", ,"I "_",',1";'" ,: 0'",;;:,," 'i,e', ~ i. " :.." ;,".' ;; """'" ::, ',"' .' ~I ,~:." __ '; l - ."'-" ~ 'l':\ ~ , ).j. I~/~ '. 1.....",:.~~'~.I\., '...';..,r..'."..~';--\ "~<.'r:,.'-' ,.:: ,,', 15 , . I.'" ""'I"");; y",'.' ,0"'., ",: /: ..,'.':I".--.~:..j,,',<.' . .... ,"', 'f,.' l.'l!1m', ",',:'" . 1.'.- Ii ~. -..-., ! , .) .( (-. \ '\ ~ I I I I ~ I \ ~ ~,~ , ',. ~( \' \"" ~;.., ~ C'~ " '.t', . .' ~ ,':..,:~ ~'\'l,~ . f' " ~.''''. ,'..-.. -':,". : '~.,. " ~': ORDINANCE NO. 94-3634 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 7360 SQUARE FEET OF LAND LOCATED AT 402 SOUTH LINN STREET, IOWA CITY, IOWA, FROM PRM, PLANNED HIGH DENSITY MULTI. FAMILY ZONE, TO CB.5, CENTRAL BUSINESS SUPPORT ZONE. WHEREAS, the applicant has requested a zone change from PRM, Planned High Density Multi-Family Zone to CB.5, Central Business Support Zone in order to preserve existing older structures; and WHEREAS, the subject property is located adjacent to an area currently zoned CB-5; and WHEREAS, the City of Iowa City wishes to preserve existing older structures; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning to CB-5 and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of PRM, Planned High Density Multi,Family Zone, to CB-5, Central Business Support Zone: The West 91.70 feet of Lot 1, in Block 19, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1 and Book 2, page 253, Deed Records of Johnson County, Iowa; 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 as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify e copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances In conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the ... ,- if"~ ..,," . ..-. ., , , "'. , .:,':ii,-".,o',:'~(d:;';;'j;..,.'.'" ~ , I i I ] ,I , ,'" A 0' , " I.!, ,......-:,"1., ,~,' :~:- ~':","> , ..'1," ....':.;..". - " , '~ \.. , .' " '~' :::,~~:,:~'~'.:,r:' ~ .;.: :- ,,' ,,. I.', ~~ \ .hiS r.;~ 1'i' i I I ~ I ! I I i I I ~, ~ ,"J "!:; , " ;,~l ~ <; N1 ~I " ( ',,' .:',';',' ",' \,' : ~;~ :~' ;;:;",.':.,;~~; ~ '~.~:;_:0~~'i:::;,if:d,;~~:~i/L.'?:.~:~;. ,.:';;j:.:,~~::~:~t,;:,:';':~::;ltL:~KlCL':;:j~r/\::i ~z,:.ti:i~-~ ~';(S~:;~::~1t.L:2~,~:;~:,~:::~.::::.~ ~.'~,:.~.:',.; ; ,..",,' o i,'...., ._~- , ,';' Ordinance No, 94-3634 Page 2 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 required by law. Passed and approved this 2nd day of ~~:~~ MAYOR '-' 0 ATTEST: 7JJt:JA;A-uJ~ ~) , CIT~RK pp ed 402slinn,ord I' ,'~~ ;.'''' ,\; 1::,'" ,~~, ., ", :'.; I~.. ~':Jr'f;, c::~: ',~;; , . '. _,:":~:U., ;':;.':';':;::"';::'_':;':""~\"~'!"_:;~'~";'I\' , " "'. I 1 ;.\ . " I " f':\' 0':.. '- , 'II , ".' '~H:"~,,}:.. '" lSWIIl!'J,' . ~' :' ..." ' '., ~ ',' " . .: '.,':, ,", ".\::/~t;.~:I.:' '-, ."~" . ',.' -,~,,/'.. . " ,I .', " , .1'. ',' "':" '.'r,' , .. ' ; ~~',:~.:. . :~- ,j, , " , ".,' .. , "'. , , ,c.,.. '..: ~.:.:~.____....:',~'.;_.~..:.'L~;';;'_~._~....:.... ',' , ' . . . ,_. .+..;......_,.,-~-_.~---,.-...._~_._--"- -.---. Ordinance No. 94-3634 Page 2.- I I It was moved by Pi gntt and seconded by as read be adopted, and upon roll call there were: Novick that the Ordinance AYES: NAYS: ABSENT: x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton "'-. x x x x x . ..~, x Second Consideration 7/19/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: Baker. ABSENT: None. Date published 8/10/94 First Consideration 7 '5'94 Vote for passage: AYES:' [ubby, Lehman, Novick, Pigott, Throgmorton, Horowitz. NAYS: Raker ABSENT: None. , '.-, ~ '~:;' ~'i ~ " iL' I ' ' " 0 . : ' '" . '1__.__ - "'" 91' ,'.,';' " '.' J , , ,::y J';'I"o""~""':Il'~'-'._'''-<:'''''.''''1;'.':i'''''''''.'~1\'''''''''':---""-'1'--'"11-""'''''''' \', I ,'- \,.,. ,.,'.",',..,<".).;,,;'1""",.,<': "",,,,,..,"'.;J!";:, '..'. 'fa)" """..,0""""" ,\"",'..,',,., , , , ,5;\. LJ" ,- ,'" ','.'-: " .~..I' ,T~;~':-~ ,:"',,,,'/":::'~':", ,::,,-, .- ' ' :; _" ", "'- .,1"..;',,:..:, (",,.,,,){. \.' ;,'", ,""- ,\ " ....:,:;},;. , "",',, ~ ........,... ' . ',. ,"" .'.','!" "\."::':'.:' B"..!l"" ',I '_.::',,"! ",,' ""~:""I' -, '<. , , , ~ J ~ .. , j: ~. " .' ~.I: 'r'. " I I " 1 ,.: I p, " I , 'I I I C i, ',',' ~ ,.'t, .. '''c. r',1 ., , :.'.' , , . ;.". ' ", ':;,: ':"-:~~:\~:ti: .' . , i ,.." '""-...,,.',," " .' . "..,..:."...., .. ........ d___' ~~'.: " !:": """;,', . ; ~ " , " 1 ' "'. . . ,.-.: ..'.':....':' ,', .' ..... ", .,,-,- .....:, .:. " "..__~.._......~.....n...""-,.,~_u..,_.~.._...._,:...___.,._ " ._...__.__---..._.._.___h__ . rAf-~ ORDINANCE NO. 94-3635 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 422 ACRE TRACT, LOCATED SOUTH OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS FROM COUNTY RS, SUBURBAN RESIDENTIAL, AND COUNTY R3A, MULTI.FAMILY RESIDENTIAL, TO RS.8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (62 ACRES); RM.12, LOW DENSITY MULTI.FAMILY RESIDENTIAL (10 ACRES); RM.20, MEDIUM DENSITY MULTI. FAMILY RESIDENTIAL 115 ACRESI; RFBH, FACTORY BUILT HOUSING RESIDENTIAL 184 ACRES); RR.1, RURAL RESIDENTIAL (191 ACRES) AND ID-RM, INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL 159 ACRES). WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Sycamore Farms Company, has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code ~368.7, annexation of the property must be approved by both the City and the city development board; and WHEREAS, pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, 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 oversized costs for an east-west arterial; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City wants to ensure appropriate allocation and suitability of neighborhood open space, the availability of a public school site, the protection of environmentally sensitive ereas and responsibility for construction of infrastructure; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban I,~o " I " ',I ,1 I , " , ; I 'I ,"j I, , , " I' I .!' ., . ~. ", '-'IS' " ...... ,.0_. ' _" .....~,0,{.\ 6 ']",.,--'''"..., " ......."'--,.- ..~..' '-I'. ',^"'O,w, " I', >. "<,".:".':1",',1.".',' '-:;,:!:-~'r,:i',:':'::"'< ~\':" ;-" :.:<' ",",/~"::":',;\::'':'- '0" :!:-\, ,;0",,"'''' ,"", "'15 ", '" '..~'.',.. ,,,~;,.,, .f.::f' .- ,', ."''''''.',"_,,:~'~L~,,~i';'\~i./il '-.:< " ",.,,'.' "-".,~::>"; '~'k!' f'. ',' ~,',i _'" '..,' I i " .i r (~'i' ',\ , lr ~. I [u ,,, . .\. ,"', . ",' . '.. ': ":_;~t:~._\:r:;.. : " ~. .' .... .;,' .', . :".;/',' "', " , .',-j' . .___.__.~"____,_,__._.,,...:._.._.u_~_ , "',,.,... ._":_.:._' ;,.,',:'.-".':_'.:~ o,::.:,',','~~, .,'._:.._"". _:,,' ,,' - . ---~ - ~ --- - '.;~.;:;:;..~,-'..:.--.-,._.......~"":..:,..~........'~-.:,....;....:..~......:,.~,,,.....:.~~..:.:--- Ordinance No. 94-3635 Page 2 ' development on the southeastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL'OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to' city development board approval of the requested annexation of the property and subject to Iowa , Code ~ 414. 5 (1993) and the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classifications of County RS, Suburban Residential and County R3A, Multi-Family Residential, to the following zoning classifications for the property thereafter described: RS-a, Medium Density Single-Family Residential: 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: Beginning at the northwest corner of Section ,25; thence N 88' 21 '05" E, 1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence S 0'09'02" E, 1618.31 feet along said west line; thence S 76' 51'50" W, 135.62 feet; thence S 50'55'36" W, 231.50 feet; thence S 41 '54'27" W, 388.36 feet; 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. RM-12, Low Density MUltl.Famlly Residential: A tract of land in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26; { · '" 0 ? ,.,,-, ,. ',",,'i~i,," ~,. '.. ,'.'" ,~'.',.,",', :'''.':,\,/::.\ ,.0;, >t'>J:,' '-':]:;'::i0""~"'\\ M"", !""I' ~_ ,\,-...:.-,1:.: 'I' '':' .:: ,;.'. .: ," I , ' . /, '... '0' , ", .: ~ \ , I ., " I I I "'" } .f' Iqao . ~ ',~ . ,..";j,,j-::: ",..".,...."..,....""'"."....T'"'."'...,, '," " I',' ,,'" '-';)'5'."'" 0', ':" " ..:' :<,~',,"', .,/.:',~.'..-L.r.i :}', -':''''~}'.~;:,; ," ;il<.""'J::..(i":, .,.... ""., . ".'~-' ',' " //::',:~i\"\,;..~:., " .d......".. ....,. . .,'-' , :.. . . '~__;'~~"'~'_~'_~"~'1~:~~:~',~3~~:~~~.~,~.,-,,~ \ " '-..;. '- '1'. l' . I , , ,; .'i i ,,,~,~ /', , J! ~} .{ r~'\ I ~ I I I I i I i I i i' L"" ([- ,:}:_o ._~. . .,,,,' "",,-:. . ,- ~, ~' '. .\'~"_.:L.i_':.;._........;2'~:,;;;,;.....-",,,,.,~,~~_~,,,,,,,,,,,~,:,,,,;':":""::-_ __,. Ordinance No. 94- 3635 Page 3 thence N 0 '1 0'51" W, 16.50 feet; thence N 89' 21 '53" E, 660.00 feet parallel to and 16.50 feet north 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 feet to a point on the west line of said Quarter Quarter; thence N 0 '1 0'51" W, 660.02 feet to the Point of Beginning. Said tract contains 10.250 Acres, more or less. RM.20, Medium Density Multi-Family Residential: 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 southeasterly 330.76 feet along a 5789.58 foot radius curve, concave northeasterly, with a central angle of 3 '16'24" to a point that lies S 58'45'25" E, 330.72 feet from the last described point; thence following said right-of-way S 61'02'56" E, 465.18 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.S 0'08'32" W, 987.08 feet to a point on the west line of said East 660.05 feet; thence N 89'51'28" W, 343.80 feet; thence N 0'08'32" E, 461.22 feet; thence S 89' 56' 44" W, 343.82 feet to a point on the west line of said East 25 feet of the Southwest Quarter; thence N 0'03'16" W, 922.03 feet to the Point of Beginning. Said tract contains 15.000 Acres, more or less. ',' ":, :~ ' "' '. . ".. .J.~'; ,.' :'" ., ,"":. '" . "".", ,'" ' ..--..------'".,"--...--,....--..---~.." r ' I "~o ,", , ,':. '.. '0 1",; , ,", i ::,. /,(:.,ll(j;';~U"'~ ,.,,0,,\. ." ,'..,,,, ",,:,..' ,'.\' ,.....,' " ,~!:~'~'~.'.~";':';',' ;'1,:: :~ ~ ',::" ~,....'.;/: \,...: .... .,..,"'l.~"t.~...,...........~.."'....."/GJ.""l-~~''''..,........ -" -' B".. 'j r >';\ ,.' ,','.:. ":)5",.,",.0) ,\'_'"" ,. r, '.." .,,' .""(' , ,.', , ,.' , ..... ."..... II', ..0, ,.,," ~ _. .., I': :i."" '. ',', ~~\ .. '" ',,'"'' '''',:",.- . --.',..;-::.'",. '''''';:'.. " ~>n~\' -'1\' "i: ',>' ,:::.:,.,A, . .. >-.: ,~ ' . ....;: .-_1 r, ~, ~ . ..r" " \..: , 'I " .. -<,,:,'.~t~<,:: "" , . -, -. ,~f,.. .., '''-;....., :; , . -- :-, ''f' ,'. , " ~'. , , "'. . ~ .' ....'.." ....,..'.-.. ". ' . ,. *-'--'-~-----'---~'---"""""""."''''',,"-,~._-,--...., Ordinance No. 94-3635 Page 4 RFBH, Factory Built Housing Residential: A tract of land in the Northwest Quarter of Section 25; the west one-half of the Northeast Quarter of Section 25, except the East 660.05 feet; 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, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the southeast 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 is on the west line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section 24; thence NO' 03' 16" W, 709.17 feet along said west line; thence N 89' 56' 44': E, 343.82 feet; thence S 0'08'32" 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 SO '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 point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence N 0'09'02" W, 1618.31 feet along said west line to a point on the north line of Section 25; thence N 88' 21 '05" E, 75.03 feet along said north section line to the southwest corner of said Bon-Aire Mobile Home Park; thence N 88' 36' 12" E, 1290.05 feet to the Point of Beginning. Said tract contains 84.331 Acres, more or less. RR-1, Rurel Resldentlel: A tract of land in the Southwest Quarter of the Northeast Quarter of Section 25 except the I' ';() I , .<:1 . , I i i , >.,1 , ,I,' c~ .) ....... 0 .... ~'..'-" ~- "'{,', . _.'"' .......:L...)!. "" "'" ,,': ":-::\';",.Q~,'::';f.2:!?-\.',:)F;;':;..:..;:,.'~ . "~'-""N"\M "r,,, "~05'::;, rEf:, ~'. .,I\"..,.~...,\""",J..,...\ -. :".:,-,~.+ " ".-,,',",- 2i'!J'lallllI' ',.' .<;.. .-', ~... . ',I " '.1 I ..,..1 " , , ~ ! . , . 1 I j "",.: ;'J I'..J (\f I i: , ~ I I ....i"., If:~'.'. . ,l", o 1\' ..', ., " ,:".":: '.,::> " . ", . :..(.~t\"I;' . ; ;" ~,\ . ~ , .~. '.,' '. ','....., .'1 ' t' 1 :..,,;,., ",' ":, ',' . .' ' .' . . .. ,__''-'__h~'''''';'''''''~'''''"'''''''''~_'''' ...........,__.:.__.:,:.; ,.... .' .: ......- .'.'-:' . ."..... . ..,:.:-'-...,.,_.._____..._...0.......'_""...1>-'....,_._.."""-..__ , Ordinance No. Page 5 94-3635 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; thence S 0'08'41. W, 1339.94 feet to the southeast corner of the North Half of the Southwest Quarter of Section 25; thence S 88' 50'25. W, 1320.88 feet to the northeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 1'09'35" E, 1320.00 feet to the southeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 88'50'23" W, 1319.12 feet to the southwest corner of Section 25; thence S 89'09'38" W, 765.80 feet along the south line of Section 26 to a point on the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence N 25' 23'09" E, 1380.95 feet along said west line to the south line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence NO' 59'39" W, 584.99 feet to the north line of said property; thence N 89'00'21" E, 290.14 feet along the north line of said property to the west line of the above mentioned sanitary sewer easement; thence N 25' 23'09" E, 607.16 feet along said west line; thence N 9'25'49" E, 276.74 feet along said west line; thence N 38 '18'20" E, 26.90 feet along said west line to the north line of the North Half of the Southwest Quarter of Section 25; (this point is S 88' 50'25" W, 2181.24 feet from the Point of Beginning and N 88'50'25. E, 432.77 feet from the West Quarter Corner of Section 251 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; '" ',:}D--;' .7..:..0',:.,::IJJ'i~~~.;'~""--:\: . ',,',., ,'t'''''' ,).,,, '."'" . ':",' . .,~.' tt,!/:~I'i:':,~~>'.J,':,",!:'::.,'.~.';; , ,.-, , 1-'. . ::,':'; ,"':1,1:':' I ..'-. ',',. I' ."':: .. ... . \ " j , , , ' , ., "~ .1--.'.' ';1 ",~,.:.;::j' ,',- '''''-'''"''''"'1''''. '~. ,.~ '~-'I i'" ......, . . '",.'," '.0'" , . '/5 ",,' . ,'. . "'.' ,- ." '.. ",. . ." :'. . ,','" .:' ~.'\':::.'\',:i~,~i,r.,.,!,:/;',' '.' ':,~,' ,....,.,'"... . '.-~' t.mm!l .._....' .i ....t,:r.':i;)':\,. , " \ ';' : . ";r,'_._ ___ ..;, ""'.~"k":_:~""~;' .;.~'" ","-,.:.~,;,:,~-~L,;;~~.'~~,:,.__ ~.~.~~. 'i',., " i I , <\ '! i 'I i .. ......, ~ i il ._~j c--- ,:,.' . _0." .;. . : "'. ',' '.',;:--. :' - ',-.' ':", ...' .' __ .. ________,_..:... _ ......,""-'~~~_~""'^UL'--...~__--..:~._.....:., ,.. Ordinance No. 94-3635 Page 6 thence S 68'32'17" E, 374.14 feet; thence N 67' 52'28" E, 712.44 feet to a point on the west line of the East 660.05 feet of the Southwest Quarter of the Northeast Quarter of Section 25; thence S 0'08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet; thence S 88'50'25" W, 667.08 feet to the Point of Beginning, Said tract contains 191.409 Acres, more or less. and ID-RM, Interim Development Multi-Family Residential: A tract of land in the East Half of the Southeast Quarter of Section 26 and the . Northwest Quarter of the Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the East Quarter Corner of Section 26; thence N 88'50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence S 38 '18'20" W, 26.90 feet along said west line; thence S 9'25'49" W, 276.74 feet along said west line; thence S 25' 23'09" W, 607.16 feet along said west line to the north line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence S 89'00'21" W, 290.14 feet along the north line of said property; thence SO' 59'39" E, 584.99 feet to a point on the south line of said property and the west line of the above mentioned easement; thence S 25' 23'09" W, 1380.95 feet along the west line of said easement to a point on the south line of Section 26; 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 0'10'51" W, 2004.84 feet along the west line of said East Half; thence N 89'21'53" E, 660.00 feet; -,'. . , ~, ' i ... . "\,:' .-.~._-"'..,.._,._..._:_,._~;..--~- r.... '. . .~ <~ .' '-:: .. ,'.,," "''', J""""''-'''''' "~,I:"~ '. .' -,__,"~.i'". ',~';::~~::\':\"'" .. .01" " ~-":I:"S>'l,':':'i,:,~~>'- _:}V:~':':: :" -- . I i I 'i", I." " J'~ '\ . .''':-~''':.'"'''!'''r:'~H'''''~' '1'.',"'0"'[.;'" ,.' '/').'5'.\ .,' , ',.r&.... ,,," ~;' " . "". ", '- '.: "..',...~~;~,,",.."l .....",,; "_"<,n.'" 'I,; ',"1'" """""", "'~~~. r P- I \ \ ~ ([-~ " , , ., ,'~ I,.. :,.:. , " ,~... ' " , ~",..~.'~.._.,_.~-:.::~'~.~~~~' U'-~H"\ .... ..., ~ : 'It '" :",\\1,; , ",:::'/'" . I' .' '1 ;i, , I , ".. . . , . . .._-_."..~-'- ....~.'.,' ,,,-_.._~~--..,~~,-_._~,~--'.,-_.,-,_... . , . ' , ' ' , ',.- , ;. . . n_.;__ ____.~~'~.~dl""'".........~.....,i..."..""''_'n..''"'',.......'_U.L..l:,''~_~,_:.__._. Ordinance No. 94~ 3635 Page 7 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 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; thence S 0' 38'16" E, 296.24 feet to the southwest corner of said property; thence N 89' 21 '53" E, 170.00 feet to the southeast corner of said property; thence N 0' 38'16" W, 296.24 feet to the northeast corner of said property; thence N 89'21'53" E, 281.26 feet parallel to and 16.50' north of the north line of said East Half; thence S 0'08'49" E, 16.50 feet to the Point of Beginning. Said tract contains 59.589 Acres, more or less. SECTION II. ZONING MAP. The Building I nspector 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 and notification from the city development board that the annexation is completed. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following. passage and approval, and notification from the city development board that the annexation is complete. 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. ,.-:- -...," , , ',' : .,~~', " < ~"::::'-".":,; "0,.,,, II,;,.,. """"".,'."'" ";, 'j":fiI::'>" ",~ ' ,w--~- - I I I 1 I I Q) I . ,',,\ ,!:), i ., --\1 ' Iy~o :-, " , , , ,', . ~ ,. '~'. ..,.' '-,C' "h.~t '........." '".."""". '....-.. """,......,.."..\',. . I ", '. .\....,.. "......:... ... '.0, ., ',., " .')5 I . , "",,', < ' '~, ':'-':""'.'l,,,,,:,,\.,,,/L ,": , :.;;. ~. _'~.,f:.:," , '. ' ";"'J',::"','if,:'::'::";" . t~~/;-.:~':?',I " .,:....:. ~ ' . , . " ... ,'<~,~:;~~,~:~:_2~..:...;:;...,L0~__,..:..,;.~~i"..'"'-...2;,,:..-.....:.~~.:'...;. ,,--~,,~,,~,_"~I"'~_"_-~-"--"'~-,,~_-:,,'...,-_._. Ordinance No, 94-3635 Page 8 1 '. j i 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 2nd day of August, 1994. --- I " I I , 'i I 'I I I , ~ i " " '~ _ ""} :J .; , . ~ , ,~ " ~'!h.~~ ~AYOR '- U ATTEST:~A~AA/) 7f ~ CITY CL K . " Approved by vf)~ $ iJl--- City Attorney's Offi~ I _ ;)J' _ 9Y " ppdadmln\sycamore,ord " ~.. , , " :, , . :~ h, " ~, I,~o I, ': ':j b~_~__,,( , .,,,' ";,;i;"'-; "",:'i'-.... " .\' ',;;^>4~J;; -"'-....""",.......... "'""''''"-'''"''-'~'''~'r-'-''' ., .' '''' " ".' "0:' /i:',,:~;i(:?'r/,;\ ...'........,.'. ........ .... ,Ys" )\~;'H~ ., ,," , ,"i,,' ~ ~:;~'''',;'':' ;::;;;,l}(~:,;.".\ ;::';"/';'<I,~"""::~:':;;( . >. ' , '" L., . :/-:" "::";;:,'~~:,-..,.i,-,~:<; .,'.,,";" ""'/,,":: :i::, ~"'::::;:-::l:~::":' :l1l31il'h" " , I :,'y,. '.' ' ,':' ,':' .. , . ',','" " .'" ,,- ", ,- ,',',',- '. '. .:. .____._.__.:.._~__.........:.__'.._ _...;...;.~_;_._~ M' It was moved by KlIhhy and seconded by as read be adopted, and upon roll call there were: I I I :,i Nnvi "L that the Ordinance AYES: NAYS: ABSENT: i . ! j 1 .. I """I I ,I , , " J( x x x x x Baker Horowitz Kubby Lehman Novick Pigott v Throgmorton . First Consideration ? 11 r:, Iqb. , Vote for passage:AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. .'... '" ~~ Second Consideration Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pi~ott, Throgmorton, Baker. Date published 8/10/94 3/1/94 I " ,\-, -'-f, h , ..,. . ,~' " ,,,-~ . 0":" \.......;. ' , -,1 j,J . \ ~ .l , \ , , I,~o '1' ,"J ;':'j '..,\,' , .' . ':":".-.,..',,,-,\',,,,,' ~" ,': . ,~'~. .'r'.'/.:;,''-"o'',:})'. ..,,'~i<''';:r,::', ._".... ,,, "">"""\""""""""""'1 . '.,' '"." ~ '" ':' 'M'~ ,,~:::,:'~''':.'.':'/:,l:/,::'';,\J:;,::', ,,,;..~~',;'i-': ,; I '~"'-"'~''''''''''!~:''''-'M'';''''''''I_"''_'I\~'''' 'I' ,-,', ;iT: .. . ." ." ." ,', 'CJ"1 :'" "',:'5'" ."",;! . '. ,. ., '\" ..' /" '. .. ': ',-'-:",:>.,..:. "';~:'~;:~';);"~':II~"'I,.~:;,:j{ , ,:tt__~ ~..,-'" " :"':"''':,,, , """ .'" ' " .~"i " " ,.~ (~ \ " , ~' " '-"...~ , , ' , ' : I ~ I : 1 , ! i~ II ~\~ J ;'~' ~!i t; [1', l." '{C.' 0 "~ . ...."..". """"r'''''' 25 " j'l :~t:.,\'J,-:' , ,~, ' & , . ,." , ", "'Of . :~ ,', ._ ."_...____4..._',..."'.,<-,_'_ ,.; ..'__".'1"'-'... ,~~......'... k..__ ........-,_.......___..~ _ ~........,_,..,A CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Sycamore Farms Company, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 422 acres of land located south of Highway 6, east of Sycamore Street and west of Sioux Avenue, legally described on Exhibit A, from the County designation of RS, Suburban Residential and R3A, Multi-Family Residential, to RS-a, Medium Density Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development Residential Multi-Family; and WHEREAS, Iowa Code ~ 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of 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 located through the development; and WHEREAS, the City wishes to ensure the appropriate allocation and suitability of neighborhood open space and the availability of a public school site; and WHEREAS, the property contains wetlands, areas of hydric soils and other environmentally sensitive features; and WHEREAS, pursuant to the Comprehensive Plan, it is the City's policy to preserve and protect environmentally sensitive areas; and WHEREAS, a contractual agreement with the Iowa Department of Natural Resources (IDNR) obligates the City to protect environmentally sensitive areas in the vicinity of the Southeast Interceptor Sewer line from potential adverse effects of development; and WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate in order to ensure appropriate urban development on the southeastern edge of Iowa City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Sycamore Farms Company is the owner and legal title holder of the property located south of Highway 6, east of Sycamore Street, and west of Sioux 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. '"f .- ", ,I)...,;.....". ',:.,,; ".).1:,." ,',' ' \ , ,0. . . ~ J ~. t iA !v ,I,!. ~ .10,: " .'....,"",..,." . ,\ " i b'~ill:'j' ", .. . .',' otW.. ':.' ~ , , ~. , . '-". ..- ~.' - - ~. - - 2 - 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 conditions over and above City regulations in order to lessen the impact of the development on the area. 4, ( ,>: ,.! ~ , ~.~" ~ :co In consideration of the City's rezoning the subject property from County RS and R3A, Owner agrees that development and use of the subject property will conform to the requirements of the applicable zones: RS-S, Medium Density Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development Residential Multi-Family. In addition, the development and use of the subject property will conform to the following additional conditions: ~ ! a. Owner will take adequate measures to protect the area and natural features generally described as the "Snyder Creek Bottoms" from any adverse effects from development of adjacent areas. Owner shall specify the protection measures in mitigation plans as required in subsections band c below. Owner must prepare the mitigation plans at its sole expense and the plans must receive City approval. b, Owner will initially submit a general concept plan for the entire subject property entitled 'Wetlands Mitigation Report for Sycamore Farms Development". This mitigation plan will provide a general outline of the Owner's protection measures including but not limited to storm water management. The general mitigation plan must also include a concept plan for a trail or walkway system within the "Snyder Creek Bottoms". A \Y c, With each preliminary plat, Owner will submit a specific mitigation plan for the platted area, This specific mitigation plan must contain the engineering details for the mitigation and protection measures for the platted area, including but not limited to design details, specifications, and materials. The specific details regarding the location and construction of the trail system must be included in the mitigation plan for each platted area, ) .f d. Owner shall construct the trail or walkway system when either 50% of the property in the RS-S and RFBH zones has developed or when the ID-RM area is rezoned, whichever occurs first. e. Preservation of the "Snyder Creek Bottoms" via the establishment of a conservation easement approved by the City. f. Owner will establish a 100 foot no-build buffer zone around all jurisdictional wetlands located outside of the conservation easement, except those for which mitigation is approved, as set forth in the conservation easement. Owner will also establish a 100 foot no-build buffer zone around all jurisdictional wetlands located within the conservation easement and within 100 feet of the conservation easement boundary. g. Owner shall inventory and document the jurisdictional wetlands, other conservation values and the location of existing farming activities in the "Snyder Creek Bottoms". The City must approve said inventory and documentation, "~O w. '~ -.'0:)......', - ,..~..:''-" "''''j 5' to, ,-~ , ,",," '! . "', ,\ ~ ': rj ... , 'It',,- . , .'\\1.',' . , ,', . ",,' 1 ",,.,. . " , ..' ,"'('.-;,'..--..,,"'...._,~.- --_..._.._,.~,~, ,.-~ ~ l: (-"::, \ \ ~ I r I , " , I ; I , I , , I! ik- 1'" il , ~ L.; {C~~~~~ ',,__. ...........;.,.,'".~, ".,,,.,_,..".,M_,,.'.'.>.;;...:.:_"",..'.-'~.'_...,'...'__...... ".,......,..,.._.."'.......,,..,_A_.. - 3- h. Owner shall dedicate neighborhood open space to the City or pay fees in lieu of dedication. The amount of open space Owner must dedicate shall be based on the formula contained in the neighborhood open space plan. i. Owner shall grant a pedestrian access easement over the existing Southeast Interceptor Sanitary Sewer easement or in an altemative location, approved by the City, to connect the trails within the Whispering Meadows Subdivision and the City-owned property to the south of the Sycamore Farms property. j, 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 '0 execute this Conditional Zoning Agreement, the covenant will expire and the use of the parcel shall revert to the Owner. At that time, the City will execute a release of the covenant so that the covenant will not constitute a lien and cloud on the title to the parcel. That release will be recorded in the Johnson County Recorder's Office at Owner's expense. If during the time period the covenant 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 already received Final Plat approval at the time of the enactment of the impact fee ordinance. However, if the School District uses the site to construct a school and accepts conveyance of the site, the City and/or the School District will rebate to the Owner all fees previously paid and Owner shall not be required to pay any additional impact fees for subdivision parts which may subsequently be submitted for final plat approval. If at any time during the fifteen (15) years following execution of this Conditional Zoning Agreement, the School District determines that the reserved site will not be used for a public school, the School District will notify the City and Owner, and the City will execute a release of the covenant upon receipt of written notice that Owner has paid the required impact fees, if any. Owner shall pay all costs associated with providing infrastructure for development of the subject tract, including oversized costs, except for the oversized costs for an east-west arterial street if such an arterial street is located through the development. "~O T'''. 25.. k. MI. 2")'.~.i'.." ... .' '\, 0....... ... ,... ""'-:..;.,' ,,';'.":' .- .:'-~-~~~' -. t:- - - l.j "\', 0" .,..,'."..,,", "':':::."'" ,.,.';:'; if.Ni!i!:, ~ii' . ..:.,.....':;.:', ". ' ,", .,.~ ': -'. , ',.',', , '.'. .':1,\( .. ',~--: . "'<' , ~. ,:,.. ," :,~. ",", "', 'j .',: \'1 ';"i , , ' , , "., , ,--", '. --.-,' , ," " ,I' ~..~ -.... ! .1 .l.;~'.-.; (-' \ ) >:J- I . 1 I ~ ;" " . . , . .....:.-,._~~_~_'_~~___,,_~~:._,A___.;,.-,_.~ N .- _ ';;,'_",~.'~_'.'__~....; ~_....~,;,...."":...~,_,.......'"...:..,.....:.~...."-,,-,,,,,..v,__....,....~._._ " .4- I 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. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform wiih the terms of this Agreement. : \ . I 6. , . 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 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. 'I 8. Owner acknowledges that nothing in this Agreement shall be construed to relieve the applicant from complying with all applicable local, state and federal regulations. 9. 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. Dated this \ S day of (=c.{, ~......'..'.." i ".' , . , 1994. By SYCAMORE FARMS COMPANY mA'(S,V Stephen F. Brtg'ht, General Partner CITY OF IOWA CITY By Attest: ~.,f ~~ Marian K. Karr, City Clerk i.l. . , ' Approved by: vr7~ City Attorney's Office I I '. \' ',' .':1 ,c"'o " . ',~ 1'1\0 ,," , "', ;',; .., J,'.""'.\.; .; .1.--.....::: ,:-".:, ',"':.- -".:, ~,; ,...-, ), ',":, , , ''''''.1 '....,....,.)/;. j...,',."....... ."":"",~:""-"c,,,,,,,,o:':"''''I'''''/,'''"'''.1 ' ,': .- :,,':",",' - ' .. :'.:.i'::' , ,- '~'I~"~':': ",;/;~.-'.-~'::;/",:':'.'" '. ",,\,'. "'."".' ,'" ",; ,"'l~:' :,,' .",'," ,:-:',,' '[J"'" "t,~~:': ....' , ..0, ',. '\'.,. '. . . .. ."J r,i' I" , . .. , ',' ,,-: ' ,::>,.. ""11:;)'- ,:' r ;~\~~;,; ,~)',';,'".' ~.,,>::;::;:i,i:'(,:':'.::,' .:, ,:: i:' f.~ ~,<,:';: >::~,., :~:P"':"".:\~\": \~- ;;~:""f:'}', ': : ". /'....""",:,.,-, . ~~" ' ' " . ~, ,', I ".,: " ~,:. "t" ,', I. ;;- ,'.~t' "," ,\ , J., ;'f . ' ~'. , \',", , ", "'~"t, ,,' . :: ,..~~,~_:,._.,.,.:"::":,.t",J,.U~,,:'.tl:';~ ~~,L:.::,~_ ,~,,~~,j~l: 'i, .~~,.'~...:. .'" ' , ,."" -' ..___.-""'..~,-.,___a..~_~,~__._..~.~,_,,. . . 5. , ' , STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2. ~ day of A~d , 1994, before me, ~oryojro..e.... ~..-I- , a Notary Public in nd for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. 174- 3b3S passed by the City Council on the l. >d.. day of Au~u.~ ,19 '1-1 ,and that .s....s<:n. JIL1+or~;end Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed,' , ',) S,..,.A.". 'F~ Notary Public in and for the State of Iowa ":1 .,:.! , , , i i STATE OF IOWA ) )5S JOHNSON COUNTY ) 'On this 12 day of IihV'ltMVl , 1994, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen F. Bright who being by me duly sworn did say that he is a partner of Sycamore Farms Company, an Iowa General Partnership, and that the instrum.!lnt was signed on behalf of said partnership by authority of its partners; and that Stephen F; Bright acknowledges the execution of the instrument to be the voluntary act and deed of Sycamore Farms Company and by said partnership to be voluntarily executed. '.. ' , . .1 , 1 ..._'l I , , ! ,~.~ (',1 (~'~ \J , " ~&.i. ! ' I ~ I I : m~t, mdJJ~ ' Notary P blic in and for the St e of Iowa ppdadmlnlsycamore,cza . " ~ , ~',; I,ao ,'. I ":,' "'. .' ~ "'-1 I i I 1 l"\' .," , ...,'-",. . ,,;,,;' . .' , ,~; , , I 71:-':'" I' ',0 .,"),' ..;;, , , ,." .\" " " \,' ."" ".. ." .. ":) , '.','!I , .. ..-,1(, :'...~.~A'.....'''"I..f<'~;11',\:~_I.,H,''.1 ~bl!'fi'?i 'f' 10" \ (' . -"A 5 , ' .r.,... ' , , ',.' ", I' ';'" ,"'1'<','-,1"",,: ,J .. ;~~, r~ ;-- :" ~ 4, - -~ .. , .,", , , ',: " --"'::'._:~,";( i~:~':..' ,1' " ., " .,' "....~t; \'" , ',.'-.' ~ .... "' . "',.-" , " . .'~ -,"---.". .--', ,,,;~,,'. ",'~'.-,', .;......,-.,..'......'-'-:--"',:.:.;.\.':'~..~.... , ,... . ' , . . , , ." _ ~~_ ______.,..,...;",'.... ~...,.J.'"~.."L"'''',;..c.._,, _'....."B ..._.'_.:..., i ,/"'1 \" I , ' '1 \J ~' , ,; ....'... ,_A( 1,1 I i " I J I; "'~ , " f!,1!,1l f?il1 ..-...! f[", ,'--, ' n. " V 'I:, ., ~. . . 1,',',' ... ..... ,__. ..~__...,.._,.__...;..,_._'___A,..~u_:_._._, , 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-Alre 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 southeasterly 330.76 feet along a 5789.58 foot radius curve, concave northeasterly, w~h a central angle of 3 '1.6'24' to a point that lies S 58' 45'25' E, 330.72 feet from the last described point; thence following said right-of-way S 61 . 02'56' E, 465.18 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, 987.08 feet to a point on the west line of said East 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 the west line of said East 25 feet of the Southwest Quarter; thence N 0'03'16" W, 922.03 feet to the Point of Beginning. Said tract contains 15.000 Acres, more or less. RFBH A tract of land in the Northwest Quarter of Section 25; the west one-half of the Northeast Quarter of Section 25, except the East 660.05 feet; 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, all in Township 79.North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the southeast 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 Is on the west line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section 24; Page 1 ",,- ~,I1~(1l11M :~~)J;;;i:;'~"";"~::':"\;' .,' ...,..,.. -. , .~~ ;:0, j J I ! , , " , I' I~~O 'I"."~;"L !',: .0" ),;',;t"'\''-',7'/'~'''''.'-';.';rilt;':i?, \ . ")5" "" " ':, :'" ~ .'." "','".,' ",,;,,':'1""''- ",.....,,' . ,', ,< ' ,.", ~', " ., ,I I " 'i' ,,' , '"' , '~t ' " '::,,\4;, '-I .. '..' . , 'w,~ ' . . .'~__. ..... _',' ,', w.~,,__,.,L"_"'.":""':'" ,.:.~,_., ,..~:":"_~~:'~~~...;.:_... ' ,,... -1 I, \ \ " idf1 I,' , I I " I I I I ~~. ~ , ',I " (-~ 't,.. ___0 , .. , ' ' . ' . ' , .;....-... ,,'~~"""w'~"'~-'-'--">'''' ".......,;_,,_..'-"'...;, ':..;,"" _"~".'H_ .:. ._~. ,d.. .__, .',...~ ~_'._.~,~_,...~,..'~.~.~__ ,____.,... 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 (eet; 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 SO' 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 point on the west line of the santtary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; , thence N 0'09'02" W, 1618.31 feet along said west line to a point on the north line of Section 25; thence N 88' 21 '05' E, 75.03 feet along said north section line to the southwest corner of said Bon-Aire Mobile Home Park; thence N 88' 36'12" E, 1290.05 feet to the Point of Beginning. Said tract contains 84.331 Acres, more or less. RS-8 A tract of land In the west half of the Northwest Quarter of Section 25, Township 79 North, Range 6 West of the Fifth PrinclR?1 Meridian, described as: ' Beginning at the northwest corner of Section 25; thence N 88 . 21 '05" E, 1244.42 feet along the north line oi Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County , Recorder's records; thence S 0'09'02" E, 1618.31 feet along said west line; thence S 76' 51 '50' W, 135.62 feet; thence S 50' 55'36" W, 231.50 feet; thence S 41' 54'27' W, 388.36 feet; Page 2 I'~o _ j',,"',"""'-,'''',';''''''''''':'''':' i'()"",,;, ,;y{", '\ . ',"''''"'':''1''",;::, ',5": "" ".. " I 'A o " , ~ .j . '., , .. ""''h 10' .'..'''~;iJ..'.'. " , J~ " " ',\ ,,' i (, r' _,_~ .', 0 I' ., ;'1 ,0 -',..'" . ':~t ~ 'I ," '\" ~ ,... ,~. '.':' , '''''' . " :__..'..:;-,.~... , - . , , '_'_':. ~''-''-_~ ,,;";L.,; .: .;:' .'~ '; ..:".,:..,;,~ c'.. ".-.t_. ,:~,. .-,~.; ,...,; . ,_ '....- ',.c thence S 32' 46'33" W, 698.64 feet to a point on the south line of the Northwest Quarter of Seclion 25; thence S 88' 50'25" W, 292.04 feet to the West Quarter Corner of Seclion 25; tnence 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 Quarter of Section 25 except the East 660.05 feet thereof; the South Half of the Northwest Quarter of Seclion 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 Seclion 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the Ce,nter of Seclion 25; thence S 0'08'41" W, 1339,94 feet to the southeast corner of the North Half of the Southwest Quarter of Section 25; thence S 88' 50'25" W, 1320.88 feet to the northeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 1 . 09'35" E, 1320:00 feet to the southeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 88' 50'23" W, 1319.12 feet to the southwest corner of Section 25; thence S 89' 09'38" W, 765.80 feet along the south line of Section 26 to a point on the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence N 25' 23'09" E, 1380.95 feet along said west line to the south line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; . thence NO' 59'39" W, 584.99 feet to the north line of said property; thence N 89' 00'21" E, 290.14 feet along the north line of said property to the west line of the above menlioned sanitary sewer easement; thence N 25 '23'09" E, 607.16 feet along said west line; thence N 9'25'49" E, 276.74 feet along said west line; , thence N 38 '18'20" E, 26.90 feet along said west line to the north line of the North Half of the Southwest Quarter of Section 25; (this point Is S 88' 50'25" W, 2181.24 feet from the Point of Beginning and N 88' 50'25' E, 432.n feet from the West Quarter Corner of Section 25) Page 3 ,,, . I ! I'~ j, - . '..,. ',"..'. ')":"""'" .-,.,".. ,-,'".:'; ,.0,) _"!__,,t,.. .. '''-',. ...,..,'-., ..',' ':~', Vi' ~- "\""'" '", " -, ,"", IS' 1"'''; 00> "',":,,'/,:1,' ;. ....--, ,',\ , : ~tl, ;" ~ ~ ~ ( \ ~ ii' 'co / , . \,",' , '. "r '. , . '.\ l.'~ ". , "' , "\' '.'.',:' , , '~"f . .,., ..'.:.. '., ,.:,,,,.~.-.... . .,_~:.'., ,'h_" , ... '_ __.'__.__..~,,'..',,-",,-,-, '. "'~,."",-~,''-'',__'''_'',,,,'',_''_'''-.u. ,~~_... .__ 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; thence S 68' 32'17" E, 374.14 feet; thence N 67' 52'28' E, 712.44 feet to a point on the west line of the East 660.05 feet of the Southwest Quarter of the Northeast Quarter of Section 25; thence SO' 08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet; thence S 88' 50'25' W, 667.08 feet to the Point of Beginning. Said tract contains 191.409 Acres, more or less. ID-RM , ' A tract of land in the East HaH of the Southeast Quarter of Section 26 and the Northwest Quarter of the Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in Township 79 North, Range 6 West of the F'rfth Principal Meridian, described as: . Beginning at the East Quarter Corner of Section 26; thence N 88' 50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; , thence S 38 '18'20" W, 26.90 feet along said west line; thence S 9' 25'49" W, 276.74 feet along said west line; thence S 25 '23'09" W, 607.16 feet along said west line to the north line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence S 89'00'21" W, 290.14 feet along the north line of said property; thence SO' 59'39" E, 584,99 feet to a point on the south line of said property and the west line of the above mentioned easement; thence S 25' 23'09' W, 1380.95 feet along the west line of said easement to a point on the south line of Section 26; Page 4 -~:~- , 'Ju" , ' , , '" " ' ~ : ,0" ,. ,,', "', ,.-'-' .',' , I' , ,,,,,,,. ) ~"i' ;;, " " \ -~ . I'~ .,.. " I- t CD 1,1 ')5 ,10':. ,.., ,-".....1'" """-...-,,-',-,' ,'''' ' , " " ^: .,' , ,i~:",.. " : J""""'j .r, ! ('),.\' \ \' m\~), r~l~ : , ' I 'i , ~ 1 ! II II II. I " , -'" \ (['~~ , ,:,1:""" 0 ',) ., "' '. . "".~ ". ,.,,".tw...-' , " ~ , .,~', ,'.. \'.:.' " , , , , ,'-~', ;, .' ".. I 1 , , ! . . ,. .. _...-..,.',..'.~..,'-.-~....-_'..--',~-. 'E,"; " - .' .,_..-_.-,..._,~......~......~_..._-_._._-,~-..__...~.. .; " , , m_-'-'---_....."._..___~,.._.. 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 0 '10'51" W, 2004.84 feet along the west line of said East Half; thence N 89' 21 '53" E, 660.00 feet; 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 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; thence SO' 38'16" E, 296.24 feet to the southwest corner of said property; thence N 89' 21 '53" E, 170.00 feet to the southeast corner of said property; thence NO' 38'16" W, 296.24 feet to the northeast corner of said property; " thence N 89' 21 '53" E, 281.26 feet parallel to and 16,50' north of the north line of said East Half; thence SO' 08'49" E, 16.50 feet to the Point of Beginning. Said tract contains 59,589 Acres, more or less. RM-2 A tract of land in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26; ! .f thence N 0'10'51" W, 16.50 feet; thence N 89' 21'53" E, 660.00 feet parallel to and 16,50 feet north of the north line of said Quarter Quarter; thence SO' 10'51" E, 676.52 feet; thence S B9' 21 '53" W, 660.00 feet to a point on the west line of said Quarter Quarter; thence NO' 10'51" W, 660.02 feet to the Point of Beginning. Said tract contains 10.250 Acres, more or less. '" marshablsycamore,frm\ordlegal Page 5 - < ]""",O""',",W"'""'O""'" I ,,' ,",";',:"'J'" ", .'. ',<?i'~,: Ii:}"" " J,~ '"'''''''''''''',1''''''''' ',&""'" ','", ',25 ' "0, I . "".-."""...",','.1,:,:', .~ " '.---'-, . "i . l~ ~''''"l' .-;;,,'; ," .' '",' . ','". .. ':~:~t'~\'t' '.- . "',,--,.. .,~. ',' , (', " " ,'.,., .' '; ".. . :f' ", , , .' , " ,.', -', ',' :'" '" , . . ' . ._'_~:..._~...l~..":......"....,_.''':',-..'-'-~,''--'W.'';'' \.t'.'.4:'~''-I:'.:;'. \,,~'::;'; ",:.;; ,~-~,.::~:'-__~;~'.'_'.-,' ~".' ,,'.... "'.-. .,.,.,.-',.",...." ..'''d:o~'"'.i;;;;;.". r ,.., ! J1tr1l 1:1=: a \ , , , .~ 2 t (21 City Plaza. Projects designated as requiring design review by Chapter 9.1, City Plaza Ordinance, Iowa City Code of Ordinances and public improvements to City Plaza. Ordinary maintenance or repair that does not involve changes in architecture and general design, arrangements, texture, material, or color are exempted. :i, I, (b) The City Council may request advice and recommendations from the Design Review Committee on projects located outside of designated areas, ~c) Property owners in the CB-10, CB-5 and CB-2 zones may request advice from the Design Review Committee, but such advice shall be purely advisory. ,', Sec. 27-93. Procedures '; (a) Initiatinq review. Prior to issuance of a sign permit for an exterior sign or of a building permit to alter the exterior of an existing structure subject to the design review process or to construct a new building that is subject to the design review process, the project shall require the review of the Design Review Committee and the approval of the City Council. (bl Desiqn quidelines for review of applications. Design guidelines adopted by the Design Review Committee and the City Council, and found in Sec. 27-95 of this Article shall apply. " (cl Review process: (11 Preliminary review. Prior to application for a permit, the applicant may request preliminary review by the Design Review Committee to discuss basic intentions and plans before investing time in detailed designs. This step is optional but recommended for large or complex projects. The applicant is encouraged, but not required, to submit the application materials listed in Sec. 27-94 of this Article '....~ I , r1 \l ~ ," , '1"1 I (2) Final application and review. "_,I,! 10'11 .1 a. Aoolication submission. Prior to or upon submittal of an application for a sign permit for an exterior sign or for a building permit to alter the exterior of an existing structure or to construct a neW building, any of which require design review approval as designated in Sec. 27-92 of this Article, a design review application shall be submitted to the De- partment of Housing and Inspection Services for design review approv- al. The Department will forward the application to the Design Review Committee staff person within two (21 working days after the Depart- ment receives the completed application. I , i I , I .! ..'f_ Within thirty days (301 of submission of the application materials, the Design Review Committee shall make a recommendation to the City Council, or the application shall be deemed as receiving a recommenda- tion of approval from the Design Review Committee; provided, however, that the applicant may agree to an extension of time, \~U,~ ':, " ,"; 4r~ ,. I ", ~- .'..' ."...,' . ""l!..:;:,::"":~.,:.\:",.,,,.,r;ir~~'i;:"":r<,,::::' ";"0""1,. , ',0.,; " 0",., ' ')5 '," " "':_',:i,(" i'::':-::;'~\:"f:~)';'<"-: ,,': ", ''-"" ,of.." """:"'~"';::j,.~,_,.,Ji, ,>'i' ~",i' " .. 'J\ , , ; " ('~( \ \' \ ,~ T ), I r' (I . :~ ~I(;:i 'I" p' ~\l~; l_" ('- o~ j""j'; . , . ~ '", : . ':,,'~,;, 'j, ",,,,h. .. , ,', , . '~ . I': " - " ~ . .' ' , '-. ".. " . . , ' , .. , .," '.. ,~ .- -'" ' , , " ,..: ,,\...' '::',~:",J,'", 3 majority of votes cast at any meeting at which . quorum is present shall be decisive of any recommendation. The Com ittee shall then forward its recommendation to the City Council. c. Citv Council review. The City Council sha , after receipt of the recom- mendation of the Committee, or after the ime of any extension thereof has passed for the Committee to file t ir recommendation, make ap- proval or rejection of the application. the City Council votes contrary to the Committee's recommendation t shall require the affirmative vote of five (5) members of the City Co ncil to constitute City Council ap- proval. The City Council's finding on each application shall be set forth in a written resolution, to be file In the office of the City Clerk as public record. (3) Revision to Approved Design Plan . If the build in application deviate from approved design plans, the Department of Housing an Inspection Serv' es shall inform the Design Review Committee staff person w shall then de ermine if the proposed changes are substantive. Substantive cha ges to ap roved design plans require submittal of those changes to the D sign Re ew Committee and the steps of this section fol- lowed. Sec. 27-94. , I (a) Preliminar review submitt re uirements. Preliminary submittals may contain any elements called for in th final pplication submittal section, at the option of the applicant. (b) Final a lication and r. view submi al re uirements. The following are submittal requirements for all pr. jects subject t design review. Ten copies of all drawings and written materials mu t be submitted al g with the design review application. These drawings may be d sign drawings, tho h construction (working) drawings may be substituted for de ign drawings. All su ittal documents should follow accepted conventions of dr. wing namely all drawing should be clearly labeled, scales shown, north arrow on ans, clear and readable line ork, and should be as clear as possible. In addition to t e following submittal requirem nts, each application shall contain the name and ad esS of the applicant, address of e project, name and address of the property ow er, a project description, and a proje time schedule. Proposals shall not be presente open-ended, and neither staff nor Desl n Review Committee shall design the project ,i' ,~. . (1) S' e analysis & site plan. The following informatio more drawings, accompanied by photographs or e needed. must be presented on one 'tten description as may Existing site condition information. Site boundaries with dimensions; building setback lines and easements; existing streets, sidewalks and public rights-of-way; existing structures and other significant built im- provements. b. Site and neighboring environment. Provide photographs of the existing site and site conditions on adjacent properties within 100 feet of pro- '" \C\4S- -', ~. , ' ')"..':;:;':,".,,"" " , ..,0'; ::t,,':,H\ "1""'''';' > ,0'.' . " ,~ , ""'}",,"i""."';' >":\~>\ ; ,:;::.,:"';j'\\';,',::' :{;:';',"'7~";,':,T:~:'r:' , '?5 ..' .~".,.,.,. ',,, /)" S' lE,!t,t;:!j, .-: .' \ \ I~ " J (~. \ I ;4 ;' r , I" I , I , , i I I i ~'; 'I ~ \~ :~'I': I~.,' :\;i\ ~'~ ~I;! " I L. ~.~(= O'~ .. r: I ... . ,'. ' , ,':~t, ~j , ,..'. . , " , .',,', 1 . , . .~.. \... , ".. . . '..;"" y~ ... '-,.,'.... _...:: , ORDINANCE NO. I N ORDINANCE TO AMEND CHAPTER 27, IOWA CITY CODE OF ' RDINANCES, 'PLANNING' B ADDING ARTICLE VI, DESIGN REVIEW. WHEREAS, the City of Iowa City continues to carr out an urban renewal project known s Iowa R-14, and EREAS, the City of Iowa City established a desi n review process when evaluating projects 'thin the urban renewal area, and WH EAS, the City of Iowa City deems it ne essary and appropriate to establish formal desig review procedures and guidelines to us when evaluating projects within the urban renewal area and to assist the City of low City with other urban design related projects. NOW, TH EFORE, BE IT ORDAINED BY T E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. A ENDMENT. That Chapte 27 of the Iowa City Code of Ordinances is amended by the adopt n of the following new article: Sec. 27-91. t;\ ~ ARTICLE VI. The purpose of this article is to: (a) Promote the public health, s fe and general welfare of the citizens of the City. (b) Promote orderly community gr th, protect and enhance property values, and encour- age both harmonious and inn va ~e design. Protect and enhance the cial, c~ tural, economic, environmental, and aesthetic development of the comm nity. (c) (d) Recognize environmenta and aesthetic . esign as an integral part of the planning process. : ,~ (e) Recognize that land us regulations aimed at t se objectives provide not only for the health, safety and ge eral welfare of the citiz ns, but also for their comfort and prosperity, and for th beauty and balance of the ommunity. These objectives are, therefore, the proper and necessary concerns of 10 I government. Sec. 27-92. Applicability fa) The City Council s all designate, by ordinance, areas of t City as areas subject to design review. Pr jects located in the following areas and ich include any exterior alterations or ne construction visible from a public right-of- ay shall be subject to the design revie process: ( 1) Urban Re ewal Project, Iowa R-14. Exterior alterations or ew construction occurring on all parcels that were acquired and/or disposed 0 by the City of Iowa City as part of the urban renewal project known as low ~-14. Also, public right-of-way improvements occurring within and adjacent tb.the urban renewal area designated as Urban Renewal Project, Iowa R-14. - - J'LJ~ ~\ . ....,.."''''',....,,''',,..,..,,'\'',,' 1"'1' "", "',0,'.,' ,,'.' 0'.' " ," ")' 5'" " , , , - ,) ',i.. ,'-' ", "" .,.0 """" .",', "~...,,, ,:,:"'. ..' ~. ',' " . '\ " --- .. '...-'" ',.;" : "'j ',,~ ,~,"'" " , -.::r,"\ I, \ \ ! ~I I j , I i I . I ! i I I ; I If; ! l[1 ~:d , f', ~._."'i:,:" '::';' ", ~r'" ~\: ::"~i' ':/ , " -,...... (' - :," 0 , (2) City Plaza. Projects designated as requiring design review by Chapter 9.1, City Plaza Ordinance, Iowa City Code of Ordinances and public improvements to City Plaza.. / Ordinary maintenance or repair that does not involve changes in arc.p~re and g~eral design, arrangements, texture, material, or color are exempt do (b) Pro~i~ions of this section do not prohibit the City Council from r uesting advice and reCOrTI:!ndations from the Design Review Committee on proj ts located outside of designa ,ed areas. Sec. 27-93. Proc dures ,'I I, ' " " """" (al (b) (c) " .;. , " '.' ~l~,\'j . ,,'I , , . '>: ',' " , ".. . . , " " ,~ n; 2 'I I Initiatin revie . Prior to issuance of a sign permi~f an exterior sign or of a building permit to alter t~ exterior of an existing structure s ject to the design review process or to construct a ~~w building that is subject to t design review process, the project shall require the re~S'ew of the Design Review mmittee and the approval of the City Council. Desi n uidelines for re 'ew of a Iicatio . Design guidelines adopted by the Design Review Committee and t e City Council and found in Sec. 27-95 of this Article shall apply. : , I I Review orocesS: (1) Preliminary review. Prio 0 application for a permit, the applicant may request preliminary review by t esign Review Committee to discuss basic intentions and plans before inve ting ime in detailed designs. This step is optional but recommended for lar. e or co plex projects. The applicant is encouraged, but not required, to su mit the a Iication materials listed in Sec. 27-94 of this Article (21 , !',\. a. A Ii ation submission. Prior 0 or upon submittal of an application for a si permit for an exterior s n or for a building permit to alter the ex rior of an existing structure r to construct a neW building, any of w ich require design review app val as designated in Sec. 27-92 of t is Article, a design review applic tion shall be submitted to the De- artment of Housing and Inspection {lrvices for design review approv- al. The Department will forward the ~ plication to the Design Review Committee staff person within two (2) orking days after the Depart- ment receives the completed application. b. Within thirty days (30) of submission of th application materials, the Design Review Committee shall make a rec mendation to the City Council, or the application shall be deemed as r eiving a recommenda- tion of approval from the Design Review Committ ~. provided, however, that the applicant may agree to an extension of ti e. Committee review. The Committee's findings on eac \application shall be set forth in a formal motion either recommending a~proval, recom- mending approval with conditions, or recommending disapproval. A' , JqQS ,~ """"',.,""'".. ,,! ' ' :;' ;:'~,\',\: "'" ,O,o',),,(j.,., ',,'.....' ,.-".,,; '. '''0'':1,1 " '..:: . J " ',' ,"l'r,:",,')j ,,-, : ::' ,li\:-:''.~::: ';;,: ~";','i~ -, :',~: ':;:;,;~ ',:'::';:~':~r-:p;'- :~:"7:' . . 'J r;. , 't:J }: , ',,,: ~": ..:,1..' ': '" "' . 'It', ' , ....~ \~ t.'. '. ,:.. " ,i," ,~. . , ~ " ' '-"l" ,,;' , ".. i,',',. ' " ~~:'l~'- 3 majority of votes cast at any meeting at which a quorum is present shall be decisive of any recommendation. The Committee shall t en forward its recommendation to the City Council. Citv Council review. The City Council shall, after r ceipt of the recom- mendation of the Committee, or after the time of ny extension thereof has passed for the Committee to file their re mmendation, make ap- roval or rejection of the application. City C ncil approval of the plans all require a majority of votes cast at an meeting at which a quorum is ~ esent. The City Council's findings each application shall be set fort in a written resolution, to be file m the office of the City Clerk as public ecord. If the building applic tion deviates fr approved design plans, the Department of Housing and Inspe lion Services hall inform the Design Review Committee staff person who shall ~n deter ne if the proposed changes are substantive. Substantive changes to appro d design plans require submittal of those changes to the Design R vie Committee and the steps of this section fol. lowed. , (3) Revisions to Ap oved Design Plans. (a) Preliminar review submittal r uireme s. Preliminary submittals may contain any elements called for in the fi I applicatl n submittal section, at the option of the applicant. I Sec. 27-94. Submittal requirements A," ' \;I' j (~ \ , (b) Final a Iication and revi w submittal re UI ments. The following are submittal requirements for all proje ts subject to design r view. Ten copies of all drawings and written materials must e submitted along with e design review application. These drawings may be desi n drawings, though const ~ction lworking) drawings may be substituted for de~i drawings. All submittal d~ uments should follow accepted conventions of dra mg namely all drawings should e clearly labeled, scales shown, north arrow on pia s, clear and readable linework, an should be as clear as possible. In addition to the / ollowing submittal requirements, eac application shall contain the name and address of the applicant, address of the proje t, name and address of the property owne , a project description, and a project time sc edule. Proposals shall not be presented 'pen-ended, and neither staff nor Design Revie Committee shall design the project. ! .! ~ I' I ! ! (1) Sit analysis & site plan. The following information must e presented on one or. more drawings, accompanied by photographs or written e needed. I , ! I \ l 4 9 Existing site condition information. Site boundaries wit dimensions; building setback lines and easements; existing streets, si~alks and public rights-of-way; existing structures and other significan built im- provements. \ ./ b. Site and neighboring environment. Provide photographs of the existing site and site conditions on adjacent properties within 100 feet of pro- \,' ~; l,: Iii ~ if - '-,' J,AI( '!i :~, "', <:, "...' ....!: )' ,''''1'.'','''''.'''''',C' ".."....".'''.,.,...:''..-'...-.''.\.'..' '.' i ','" .. ",{"i,i.I\'1""'("-~;' ,', ~'\ '.', , ' ',' '. -.'.. ":." \' '\ ' '" i"', ",.' ',' -'I"" '. ,', 0',: ":~:; '''I '...' ,"""i. ,J,.;;\ . 0' ','-"'"..," ,>,J::"':' ,""~ " '.. ,:rl,.~,',';:.,.'<,.."',,.',,'.\. o !'" '. ."., ,',' ,"; '"", I~,..,. .-., "~',,.. .' . -,'.' """,), ,: L r' '\ , ,,~ ,,~ it I, I ~ if \1 ~ III ~~:' l' I, ~\ /,'1",.." ; :~-- ., 'j'.. .. ,""'t' ': '. "~\!.~ t" .. '.;> ,','. ,.",., . I' ~"', , '" ;:.", , '~~ .'..'h~, I ,~, , , ' "'. . . .. .', , ,:':.\',:',;;:c:.~X~:~~.;~".;:,''',_'.-),,:,:~'.'. 4 posed changes. Include photos of views to and outlooks from the site. Clearly label each photograph. Proposed boundaries and public improvements. Show ite boundaries, building setback lines, public streets and sidewal ,other proposed public improvements (curbs, gutters, curb cuts), i cluding dimensions. I' I,. d. Proposed streets, driveways, sidewalks and arking areas within the ite. Include dimensions of parking areas d width of streets, drive- {lYs, and sidewalks. Show location an label materials of areas for spe~al paving such as walkways, court ards, patios, and arcades. For p~ ing areas show layout of sp es, areas of landscaping, dimen- sions of aces and aisles, arrows i (licating direction of flow and num- bers for p king spaces. e. Proposed str tures. Show 10 tion and dimensions with respect to lot lines, including ences, walls d accessory buildings proposed and also including height of fences nd walls. f. (2) Landscaping plan Show at same scale as Sit Pia This may be combined with the Site Plan in Subsection (1) above, as ong as all site plan elements and landscaping ele- ments are easily discerni Ie. a. b. (3) a. b. c. d. e. f. l':I.' \;J, Existing trees f' e (5) inches disposition, i. ., to be retaine diameter of e ch. more in diameter with their proposed or removed. Give species and trunk Location, s ecies names, including ommon and Latin names and size of all neW plant materials at plantin allon or box size. Use symbols and a Ie nd as necessary. Ground c ver may be indicated in mass. .. ,1.1 , ' Sho all project elevations visible from publ right-of-way or sidewalk. No all finish materials on drawings and pro '~color samples. Di ens ions of building heights from finish grad imensions of all exterior walls and fences, inclu i g heights. Location, type and size of signs. Location of mechanical equipment, roof equipment, elec ical transform- ers and solar panels, including means of screening roof i S ctions / Provide at least one sectional drawing at a suitable scale to show relati Qship of buildings to the site, public street and parking area. ' (4) - . I , '-IS" .~ )''''''''1'''''''''''''''-'''''''' ,'.",," ~o/,::\(,;;"t,'\', '. ""-',;~"-,, :,~~~" ,I:?-'(" .. ',""" "','''. ~', " .0"; , ' " , " ,'" ::::"'e::l ;:~~:;,;,:(: :': .;:,~::~~ FX;:;,., " '" ."/5\; I '" ': ,',..'" ~ ',,-;,: , ',i ., " ~, , ;r-~!d~ .I , (: r, (J1 , , \ f " I~ I II I! I f\ ~ 'I' * ~'. ' t;I,' lo't:r: ',,",:.. ." rr ,~ :\, - 0 ., " ~ , , '.~. -1\\'1:; ". ,"" " .~.. , , ,'..'.,.".'.' ":l""":":"'~';""'.'; ~;,.;;:..:.4.:.:'_'.; :~,:,":, 5 (5) Signs \ .~. , . .-",: ,;,:,~ ~'~ , .','--..."...,...>,'-,'.-,'..'. , '. Provide a scaled drawing of each proposed ign with exterior dimensions and mounting height. Give total area of each Ign. a. Draw or provide sample of lett s and logos, and the full message to appear on the sign. Describe materials and colors of background and letters. Give means and magnitude f illumination. Provide site lighting plan, w ch can be combined with other required docu- ments, in 'cating location, t pe, fixture height, power rating and shielding methods. ow elevation awing or manufacturer's photo of each fixture, including its terial and c lor. (6) (71 Additional informatio drawings or other materials necessary to describe the project may be reque ed by the Design Review Committee staff person or Design Review Com Itt depending on the nature of the project or site. The applicant may inclu e ad 'tional information or materials such as sketches, videos, models or otos if ey help explain the proposal. The Design Revie Committee aft person may, in the staff's discretion, waive any of the submi tal requirement if the nature of the project warrants. Sec. 27-95. Guidelines When reviewing a project s bject to design review, tli Design Review Committee and City Council shall adhere to the ollowing guidelines. In no c e may these guidelines be used to attempt to replace or over ide the requirements of the 10 City Zoning Ordinance. Compati llity: Harmony in the appearance of two or ore buildings, structures, and lai: cape developments along the same streets pe. Harmo y: An aesthetically pleasing image resulting fro an arrangement of vario architectural and landscape elements. (al (11 (2) (3) Lan scape: Elements of nature, topography, buildings, and 0 obj cts viewed in relation to one another. S ale: The relationship of the size of elements to one another a uman figure. Streetscape: The scene of a public street or way composed of natural .;nd man-made elements, including buildings, paving, plantings, streetfurniture, and'...., miscellaneous structures. ' (4) (5) JI ~ - '- - "IIS' o a""....."",,.,,' ,,;': ' ' (~".;:: .., . .' '::"., ' _;:~:'"r" ' .",. :c""" , ", ': ,:." '." :,~':(-' ,. .... ':: < ,,: ;,',';"1",..,:" IS I I,,'. ,.. , , i', , , , I b ',i .j .,101, "',."'",,,' .,.-.'..., ~~~~i:',~~" i', ". . ..,1.-' .. .' .,1 ,~ . :::',\",:: ,';-t,\" " ' .-', ,.~ I ,"' ',:,. , .~. ,." \:, , ,,' "": '~..,.< ", " . ".. ~ ' ~~ \ , " ORDINANCE NO. AN ORDINANCE REESTABLISHING THE HIS- TORIC PRESERVATION COMMISSION AND SPECIFYING THAT APPEALS OF DECISIONS OF THE COMMISSION SHALL BE MADE TO THE CITY COUNCIL. " WHEREAS, the Code of Iowa requires that m nicipal historic preservation commissions be es blished by ordinance; and EREAS, the Code of the State of Iowa requi es that appeals of decisions of the histor. ic pre ervation commissions be made to the governi g body; and WHER AS, the recently adopted Code of Ordinance of the City of Iowa City is inconsis tent with t e Code of Iowa in this regard. NOW, TH EFORE, BE IT ORDAINED BY HE CITY COUN ~F THE CITY OF lOW ITY, IOWA: SECTION I. . ENDMENTS. Titl 14, The Unified Develop ent Code, Chap r 4, entitled "Land Control a Developme," Article C, entitled "Historic fservation egulations," of the Code of Ordi a~ces of he City of Iowa City, Iowa, be and ,1\ sa is hereby amended by adopting the fol i Article C, "Historic Preservation Regula s" which supersedes the previously adopt ticle C, "Historic Pres. ervation Regulatio ": \ HAP R 4 ORIC P SERVATION REGU- \ , ' ~ ft' I ! .. i ' I ARTICLE C. HI LATIONS Section: 14.4C-l: 14.4C-2: 14.4C. : 14-4 4: 14- -5: 14~C-6: , \ urpose and Intent \ Definitions ' Historic Preservation bmmission Rules of the Commissio \, \ Powers of the Commissi ' Procedures for the Design lion of \ Historic Districts' Applications for Certificates Appropriateness 14-4C-8: Remedy of Dangerous Condition 14-4C-9: Compliance with Zoning Regulatio s 14-4C-l0: Penalties Sec. 14.4C-1: PURPOSE AND INTENT: Tho purpose of this article is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetua. ,I:,!, I I i.. I r', .. I . \ I .. ~ .<" (......? ,~ ."'.. I.. " "',,,;-, c" '~ .- " .-..,. '" ^ -. ~ . ,,.,, ,;...:,-::;:/: ;',: ]""""i""".'"r"-'''''~'''-c''''-'-'''-r;r:.", "'I ' !, ,0"', .,i(,.',"""S..',"" "',:'(1)'5'",/::'" ,0,:: ", ", ),,' , '. " " ~) ,f.. " "I':'I'~"'''''' )}':",:. ,:' __ ";":;rf,':">,.',-"~:;.,t".-,,,.A!, 19"', , -~ ':"; '. '~:::':.'~' , -~.' ,~" ; ~,\ rOo " " 1\',' , "/')t~,~'t~ ': ' ,'. "',1"" ~ . '. " ,~ " , 1 , , . i i , , ,......~... l"'" )':i C""}), \ .' ',' , ,.' .... j .: ' " . f" " ~, .: Ordinance No. Page 2 tion of districts and historic and cultural significance located in the city, B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts and properties of historical, architectural, and cultural significance, C. Stabilize and improve property values by conserving historic properties, D. Foster civic pride in the legacy of beauty and achievements of the past, E. Protect and enhance the City's attractions to ourists and visitors and thereby sUPP9 t and timulate business thereby provid d', F. Stren then the economy of the city nd G. Promo the use of districts of hi oric and cultural ignificance as sites for he educa- tion, plea ure and welfare of e people of the city. ( 978 Code ~27- ; 1994 Code) Sec. 14.4C- : DEFINITIO S: As used in t 's article, e following defini- tions shall apply: Applicant: The art making application for a certificate of ap riateness from the Iowa City Historic Prese[ ation Commission. Application: A rI ten request by a property owner or other arty 0 the Iowa City Historic Preservation ommiss n for a certificate of appropriate ss. Certific e of appropr teness: The docu- ment, idencing appro al by the historic preser tion commission 0 proposal to make a ch ge in appearance, ich must be ob- tain d before a regulated per it may be used. ertificate of no material e ct: The docu. ent, issued in lieu of a certific te of appropri- ateness, which signifies that the ork contem- plated in the application will have no effect on any significant architectural feat res of the building or on the historic district. he certifi- cate of no material effect evidences approval by the Historic Preservation Commls ion and the Department of Planning and Co unity Development of a proposal to make a ch ge in appearance. Change in appearance: Any change or a ter- ation of the exterior features of a building or change or alteration of the appearance of property within a historic district. This definl tion shall pertain only to changes In appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated ',-.' ~, J~LJ.1 ,,", ' 1('" "".i,., 0 ',~.,I , "~ . ;' ",--",,, ,":. ',.',,' ,:,-":- ~ "'" '. i' , " ", 1:'::'!~"',';'?")";;';'\ii--:":-';;":':?"i;;'::~i7:r'i1'S~':'0::" ',.".CJ'~'~,.~\\'>. """'0 ,', i". "~ii"~, " . ")5.'.. . " >~'~.,"::~.:,"",: ,..::::t,~:;:'i\; "y~l~':':;":,' . '"..': " :" .'".{,' .,",r,'.,:'."..:',~;,,",,~.,;~~:: _..-,,:~;::::~!; "':}~'!""r,> " ' ~I.~ '~' . . ; ',,: ',', , '. ~.: ';\''':.'; :,';' " . ',<,:r:t~~1.:. "'-",1.,:;..' ,;.,( '.' ' , . Ordinance No. Page 3 , , permit is required for compliance with applica- ble city codes.' Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance for which no regulated permit is required which do not involve alterations or changes in the exterior features of a building. For the purposes of this Chapter, changes made in t 'e color of the exterior surfaces of a building a e not considered a change in appear- ance, but eemed to be ordinary maintenance and repair. /1 Change or Iteration: The erection of a build- / ing on a site, he movement of a building from / or to a site, t e demolition of a building, the / reconstruction r restoration of a building, or any action to ange, modify, reconstru6t, remove or demoli any exterior featuZ:e f an existing building. Commission: The Iowa City Hist09 Preser- vation Commission, as establi:h a by this ordinance in accord wl\h this ado ted article. Exterior features: The arc i ectural style, general design and arran'geme t of the exterior of a building, including th nd and texture of the building material and pe and style of all windows, doors, light fi ur s, signs and other appurtenant fixtures. Historic district: An are that contains contiguous pieces f propert under diverse ownership which' A. Are signific t to American History, archi- I tecture, ar aeology and culture or Iowa City hist y, architecture, archaeology and culture; r \ B. Posse s integrity of location, des'ign, set- ting, ate rials and workmanship; or C. Ar associated with events that have made a ignificant contribution to the broad 'pat- rns of our history; or Are associated with the lives of perso s significant In our past; or . Embody the distinctive characteristics of a type, period, method of construction; repre- sent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or ; '-.,;1 I I , I i i I , , '-." : , ':', -,.- .', " ! ! " , , :! i~ L' ,< r~J. " 1 See Chapter 5, Article G of this Title for moving buildings, L,,': -~. ..' \~, " , ,I ~r. .'" ',I , ... '..-. , .1 I " " I , , ,I '.1"> , , , , , " "1 J~~l , . (C~',,~. , . ,11 ''''', , -2 , = ' " , ' ". , ' "",'.:',:.. ',':" ..,. ,--., "I".. _,,', ~ ~ )' '"'Y:...,:'''',.,."',''''.".....:.''''~,..".''''''.''f~'l'''""...." 'I' 'I" I, " ' I ,', ',' ,,!t'f",.~~',AI'''' ,",0.:.. ":(;,,,,,,,,,_.'.1,,'.,,;,.;1 1\'.-"'..,':",' li"\'I',.-.,I.",.- [J ',' '::'.",0, .>S'-., W:.. :', ,.1 " .' ..', "." .;jc.';I:".~.,j, ','.'J 'J.- \" ",':," ',' ;,.......' '\I":"-'i: 0\ ":_'\',','" '",' ~'.',,\,.),: ,t'I" " r :,1,;':'\'" ::',;i~..;,:":;~"," ',:, "...':, """;)';~'.":::"lf~'-1:;-:'i, ,'q" i{;' " ,', ',' ".,',.., ~-' ':;;\:~ -' . 1_lilb ,,_, ,'I, .,;,~:." ' '~ , ',' ,l ~. i " ~ , ,r t, ~1 \ ': ,. . 1/ I I ~ I I I [I. " \ ~ , "~,'I:',C,..', Ii ,. iI' " ',", .',1 l::. (( _~T~-- , .' ., '~f;\'i.~i'. ' l J ,. '""I.' ;," , 1,-'. ',I: ~ ,.. Ordinance No. Page 4 F. Have yielded, or may be likely to yield, Information important in prehistory or histo- ry. Property owner: An individual or group of individuals, corporation, partnership, associa- tion, or in any entity, . c10dlng state and local governments a gencies, which is the owner of real estate. Regulated p (mit: A permit issued by the building offici a , or other official of the city, according to t e provisions of the Uniform Building Code 1 sign regulations? house movers' ordina\ce,3 or Fire Code.4 (192 Code ~27-82; 1 94 Code) Sec. 14.4C-. HISTORIC PRESERV ION COMMISSION: A. An Iowa Cit H~toric Preservatio Commis- sion is hereby r established an the current members ther p are hereby thorized and directed to fUllj~' \ their exi ing terms and directives consi tent wit this Article. The commission shal ~\ onsi of seven m mem- bers who shall b re cents of the City of Iowa City. B. Members of the mmission shall be ap' pointed by the t Council. At least one resident of eac des nated historic district shall be ap inted 0 the Commission. Other mem ers shall be chosen at large from any art of the ,ity and shall have some e ertise in histo ,urban planning, archite ure, archaeology! law, sociology, or other losely related field. or shall demon- , stra interest in the area 0 historic preser. \ va on. At least three (3) 0 the members s all hold appointments at la ge. Should le number of officially desi nated city historic districts exceed four (4) number, a new member shall be added to he com- mission for each new district in 'e cess of four (4) districts. C. The members appointed from desi ated historic districts shall serve three year terms. , , ~ , :,' " ", , \ ': ," '.!. lSee Chapter 5, Article A of this Title. 2See Chapter 6, Article 0 of this Title. 3See Chapter 5, Article G of this Title. 4See Title 7, Chapter 1 of the City Code. ",;,:.--::,:-~,( ;,:;,' ;' "', " 11Li:l " ','...,~1"1l",_.:C'-<-.,....~"rl'" ""~""''''''''''~'''T'''T<r:'.,....,..... "",,,.,,",,_, " ,1:'''''":,,;1'<;\;'\-':' ,-, ..,'. 0" ':'l"""~;::'(~'t""':"; ,\'7,':;"',""k:r,~\,;,o;;/.,.I:V,/:l'-';"'.I' [],. '", " , " ...;""',,,,:, ',1,''''',,,',,,,,, " ')5""" . ",,' ,',', 'l";' ,\"'-"::~.:' )~,'J;>\,>"',:;",'.'_::':;/~,:>"';;'<',<"",, "~,:. ", ",;~";{,, 'l "':';':':<~'~;">"'."-'l",F " . , ' ,:",," "';":',-,'Y: /...: ~",I ,:..j:'" , > " i '" I I I .. , , '; " " :1 'J , I ! I Il~ , "J. .~ ; l,I,"'- 0 ,,'~~. .,',' " ;'""..,., "., ~f' ./ "I' ,~. , .~' '~ . Ordinance No. Page 5 D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Me bers may serve for more than one term each member shall serve until the ap- ment of a successor. F. Me bers shall serve without compensatio . G. A si ply majority of the commission all const ute a quorum for the transac' n of busine s. (Ord. No. 84-3204, ~3, 25.84; 1994 ode) Sec. 14-4 -4. RULES OF THE CO MISSION: A. The His oric Preservation Co ission shall elect fro its membership a airperson and vice-chai erson whose t m of office shall be one y ar, The ch 'rperson and vice- chairpers may serv for more than one term. Th chairper on shall preside over the Commi sion a have the right to vote. The vice-c airp son shall, in cases of absence or di bility of the chairperson, perform the ties of the chairperson. B. The City M ger shall designate a person to serve s cretary to the Commission. The se etary shall keep a record of all applic ions for certificates of appropriate- ness resolution proceedings, and actions of e Historic Pr servation Commission. C, T e Commission hall recommend rules or y-Iaws for the t nsaction of its regular business to the Cit Council for adoption: The Commission sh I have the authority to adopt rules of proce re in connection with the approval or disapp oval of certificates of appropriateness subje to approval of the City Council. D, The Commission shall ke p a record, which shall be open to public VI w, of its resolu- tions, proceedings and acti ns. The vote or failure to vote of each m~mber shall be recorded. The concurring a~firmative vote of a majority of those members present shall be sufficient for a certlfldate of appro- \ priateness to be granted, or for \he adoption of any resolution, motion or oth~r action of the Commission. The Commis,sion shall submit a report on its activities to the Coun- cil and may make such recommendations to the Council as it deems necessary t() carry out the principles of this article. lOrd. No. , 84-3204, ~4, 9-25.841 \ , \ I, - ~jL;"::,O'i~:J::~,;:ii"." . . '-,,\: , 1" . Iq~1 "'1 .'",' ,,'.... 1 I I I ''', .'! + I , , , " ~::'::,;~:l,'i:':/;,:~t'~~':;"i0"'~:-[ ',"J'f''''',,~...\,. < -j,~~~, !I~i': """',"'''''''''''''' '0" . ,",. '.' '.., "',jc;.',,; '. "',. ......., , '. ,~;~':,., ~ " .-' ' J,.'.'.." """1';"":'" ,\'.'""',',, ',: :~i 1.l~\AFr;'.: :,. ' " ,~ 'J" / !,\ " ~'~ ;,.-' " " , '. ~ " "-,J -i '~ , , i '.- 1 ", ,j ,-,I " , -~7f : ;'1 :-! , <,'-, . (,_: - , -... ,~, , , ;~ , i '\! i ,'j '....-.. l:-',' ~ , " (" ~- ". 0 ,~',', . '\!. ", , , ~._. "'1"." ' ~i' .I , , .-,'" "", :,'~. Ordinance No. Page 6 Sec. 14-4C-5. POWERS OF THE COMMIS- SION: A. The Commission shall be authorized to con- duct studies for the identification and desig- nation f historic districts meeting the definition established by this article. The commissi may proceed at its own initia- tive or up n a petition from any person, group or as ociation. B. The Commis ion shall make a recommen -; tion to the ffice of the State Hist Ical Society of 10 a for the listing of a hi orical district or site in the National Re Ister of , Historic Places and shall condu .a public hearing thereon, I C. The Commission shall revie and act upon all applications f certific ~6 of appropri- ateness, pursuant to se oil 7 of this Arti- ! cle. / D. The Commission sh I cooperate with prop- erty owners and ci ,agencies pursuant to the provisions of . Ctl n 8 of this Article. E. The Commissio .shall rther the efforts of historic preser ation in e city by making recommenda ons to the City Council and city commi sions and bo ~ds on preserva. tion issue when appropriat~, by encourag- ing the protection and erl~ncement of structu es with historical, a hitectural or cultur'j value, and by encour ing persons and/ rganizations to become involved in p[~ ervatlon activities. F. n e Commission shall not obliga e itself or e City of Iowa City in any finan 'al under- aking unless authorized to do s by the City Council. lOrd. No. 84-3204, ~ ,9-25- 84; Ord. No. 85-3268, ~1, 12-17-8 ) ec. 14-4C-6. PROCEDURES FOR THE ~IG- NATION OF HISTORIC DISTRICTS: A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission recorT\- mending that an area be designated II historic district. Before any report or recommendation is submitted, the Com- mission shall hold a public hearing on any proposal to designate an area as a historic district, The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed \ \ \ \, \ \ ! " I,':," ',"" "'. . , , ' 'Ll .."', . J'~7 , "_'J, )': '\,~- ":",<,,, , '; :'\"," , , " . -~.- _:,'> 0<, ''-''1', '''' ,. '; , ,,'," i' ,,',_' ",:.'.' ,', .:" __ .,',~ ~...;.""...j: " 1-".c...,._.,"",.,""""""""';""....,"""",IO,.,"""1'"''1''''''''''''''''' '1'1' " " ,,,.'!,,,,!,",,,,,\ ' , ,,""<"";/'>'''''''''~ """""'''''''''r::-f' !l,;\,\ii,o.)iK;',' ,,)0S"'ii\J>',;(>".."" .'i ,...,..,.,'...,. " .:?'~"/;:.,,".Q,': ,,- ~,~-"," ',.""." ':'1\" , .~: ~: " ".' , .. , . , , , ;; , , ",\ 'I I ,,_, I i .-.,) ....~... j', ' ,.\J"'::",'; (- .' \ I ~'.;.- { I \ ! ~ 'I ! , -:,'! -'~ ,:it ,~" -~ "., , ':'-'. , ,~It' " : _:~ "\1' ; .:,', '~, ,:/,' , ~. Ordinance No. Page 7 district at the owner's last known ad- dress. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting fo th the date of mailing and the names an addresses of all property owners notl ied pursuant to this Section. After this p blic hearing the Commission shall submit 'ts report to the Plan and Zoning Commis i n and shall include proposed rdinance establishing su district and describing the boun ary thereof. 2. A copy of the port shall also e sub- mitted to the Sta e ~'storical ociety of Iowa or its succ ~s r for eview and recommendations c er ng the pro- posed area. Comme t rom the State Historical Society re ding the pro- posed area shall be r ccii ed by the City prior to the date of any ~ tion taken by the Plan and Zon' g Com ission. B. Plan and Zoning Co mission R 'commenda- tions: Within six (60l days 0 the receipt of the report a d the propose ordinance from the Com ission and recomm ndations from the St e Historical Society 0 Iowa or its succes or, the Plan and Zonin ' Com- mission s all submit its recommendatl ns to the City. ouncil with respect to the rei tion of su designation to the Comprehens\'e Plan, Zoning Ordinance', proposed publ , imR ovements and other plans for the re-', n al of the area involved. The Plan and oning Commission shall recommend ap- proval, disapproval or modification of the proposed historic district. The Historic Preservation Commission shall be advised of any modifications to the proposed historic district which are recommended to the City Council by the Plan and Zoning Commission. C. City Council Review: If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition 1 See Chapter 6 of this Title. , .. ..> ,0' ,;,:. ,'" ':;:i"".-:".-, 7.".... -,'" " I >'. ',I ,~. '~ .- , ~ ,. . :,> \ " j , , . ','0 I !:,I' , ~ J'41 ',' 1'"-''' ",,' , I'''''''''' .. "., ""',"7..1"':'" ~.~' ,l;"~~,~,,,:!~~..,,~,,-;,.-,,_'~ff"-:""::+""'~"T':"''''''''.''';' . '\'.. .- " " ,:~. "I(!S.('."'\'.. """.,..\',.,...,."':~.5;:~';;O'.",. "'~', ,J~r'" _,.', ..', ' ,J:'!; ,', '.' ' t:.,', .-' '. " 'I, J ;,'" , ",.',_: ;,',,':', '""',,, " ' ",.' ":'-.;.-""..',."",;./.-:') ., ._:;:' , .'''j' ~,,' , ,~ , ~~ r'" [,: (~'\ ,\ ~ r{~x' I' \ , , I 1<1 ! If:; ~, 111ft '1i,',"I,",',!) ~: ; \i I ~ l':.~t': " ."- (~!!' "; , "..-H.,. .,t" "' '.-' . ':,','".-.. . "t. . , -:,.\~t.;. '",', .. ',' , " i: ".. l I I I ORDINANCE NO, AN ORDINANCE REESTABLISHING THE HIS- TORIC PRESERVATION COMMISSION AND SPECIFYING THAT APPEALS OF DECISIONS OF THE COMMISSION SHAll BE MADE TO THE CITY COUNCIl. WHEREAS, the Code of Iowa requires that m nicipal historic preservation commissions be es blished by ordinance; and EREAS, the Code of the State of Iowa requi es that appeals of decisions of the histor- ic pre ervation commissions be made to the governi g body; and WHER AS, the recently adopted Code of Ordinance of the City of Iowa City is inconsis tent with t e Code of Iowa in this regard. NOW, TH EFORE, BE IT ORDAINED BY HE CITY CO UN ~F THE CITY OF lOW ITY, IOWA: SECTION I. ,ENDMENTS. Titl 14, The Unified Develop ent Code, Chap r 4, entitled "land Control a Developme ," Article C, entitled "Historic ,eservation egulations," of the Code of Ordi ~ ces of he City of Iowa City, Iowa, be and sam is hereby amended by adopting the fol i Article C, "Historic Preservation Regula s" which supersedes the previously adopt ticle C, "Historic Pres- ervation Regulatio ": \ HAP ~ 4 ARTICLE C. HI ORIC P SERVATION REGU- , lATIONS \ , Section: \ , 14-4C-l : urpose and Intent '. 14-4C-2: Definitions . 14-4C- : Historic Preservation ommisslon 14-4 4: Rules of the Commissio I, , 14. -5: Powers of the Commissi 14 ~C-6: Procedures for the Design lion of Historic Districts 4-4C-7: Applications for Certificates Appropriateness 14-4C-8: Remedy of Dangerous Condition 14-4C-9: Compliance with Zoning Regulatio s 14-4C-l0: Penalties Sec. 14-4C-1: PURPOSE AND INTENT: The purpose of this article is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetua- 'iw,' ~ ,i.!. ~ I 19Lt1 )' '"....''''....''1...' ....", ''''''...........~--''-'''''-.....r-'- " " ' '0,\;\ .;1:,,\IK:;':"~I;\i' ""'\"/:"... '0"','1; ",' ,...\,' 25 ' --,,, ' rj":,:";''-',:,-/ "',::, 'J' ,.:' .',. t ,.-',;'"',:.:.,, "('-'~ '",.', .. """'.::..;:~,",:'.: 'j( ~\" ....:, ':~,: ~I,: ~," . I , , ",,' ........,~ l'; __ I ~'~ (~1 ," /....- ~ I I i i lrl \'~ lr "1".",,',:;1 f, ''', /j\ :M' ' . " :"\' < ~" L ,", ."" C- ;', 0' ,\ ' t' "~., ., , .' : :,::c,'::',::;'~~~,~<t;i. . 01> . .. ,- . " , ," , 1~ 'O"'IW- ".. "", , "",.' ~', , Ordinance No. Page 2 tion of districts and historic and cultural significance located in the city, B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts and properties of historical, architectural, and cultural significance, C. Stabilize and improve property values by conserving historic properties, D. Foster civic pride in the legacy of beauty and achievements of the past, E. Protect and enhance the City's attractions to ourists and visitors and thereby sUPP9 t and timulate business thereby provid cf, F. Stren then the economy of the city nd G. Promo the use of districts of hi oric and cultural ignificance as sites for he educa- tion, plea ure and welfare of e people of the city. ( 978 Code ~ 27. ; 1994 Code) Sec. 14-4C- : DEFINITIO S: As used in t 's article, e following defini- tions shall apply: Applicant: The art making application for a certificate of ap riateness from the Iowa City Historic Prese[ ation Commission, Application: A rI ten request by a property owner or other arty 0 the Iowa City Historic Preservation om miss n for a certificate of appropriate ss. Certific e of appropr teness: The docu- ment, idencing appro I by the historic preser lion commission 0 a proposal to make a ch ge in appearance, ich must be ob- tain d before a regulated per it may be used. ertificate of no material e ct: The docu- ent, issued in lieu of a certific te of appropri- ateness, which signifies that the ork contem- plated in the application will have no effect on any significant architectural feat res of the building or on the historic district. he certifi- cate of no material effect evidences approval by the Historic Preservation Commis ion and the Department of Planning and Co unity Development of a proposal to make a ch ge in appearance. Change in appearance: Any change or a ter- ation of the exterior features of a building or change or alteration of the appearance of property within a historic district. This defini tion shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated ~ , ,.. . , i' I '\: D ,I,j, J1~1 , '. " I;' :;- .- , .~~~ ;)""-'"'~''''''''''''''''''''''';''''W-'-''';''''''-'''-''''-'I'~'"'-I ", "I'" Ii:,' ': ",-,";''-'','',,-,, ,.' :,_,~.""I'I""'!"I'''\:'"",;,!"""("",,,,,.I,,..., '0'" . """>,,:.,"'''~,tO',;::~,~',f::.:, :i',;( ,':':';'~, ''''.'' \. ,', :,,:.. ,,':," '-~:j'5:I",-, ,:'!~':,<,', "', ,,~::;; . ,~,' ': ::",:..,"1'" ~:?,:<',,\:'>:.:,-,/:. ", '. ':' "{,' ..','::','::,:"I':."L",,:;Al ,":;"".' .~~--~ ./ , '~ "'I' , '.. ' ' ~,'; -' " .:,.' ,":, , . " ; ..'..~ "..' , '. , :-1'1'1' " -; '. ',~ ,"... \.' ' ',", , ,.: i.: '" C: ~~ \ ~,'" ':7'1 ~ ',([, "",l1"IITw-",,-,,.: ,. 0 ' '. " 'I, " - , ' ~--- permit is required for compliance with applica. ble city codes.' Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance for which no regulated permit is required which do not involve alterations or changes in the exterior features of a building, For the purposes of this Chapter, changes made in t 'e color of the exterior surfaces of a building a e not considered a change in appear- ance, but eemed to be ordinary maintenance and repair. I Change or Iteration: The erection of a bUild!,! ing on a site, he movement of a building from or to a site, t e demolition of a building, the reconstruction r restoration of a building, 0 any action to ~ange, modify, reconstru6t, remove or demOIi~~nY exterior featur0 an existing building. / Commission: The Iowa City Hist09c Preser- vation Commission, as establi~h a by this ordinance in accord wilh this ado ted article. Exterior features: T~e arc i ectural style, general design and arrangeme t of the exterior of a building, including th nd and texture of the building materiai and pe and style of all windows, doors, light fi ur s, signs and other appurtenant fixtures. Historic district: An are that contains contiguous pieces f propert under diverse ownership which' A. Are significa t to American history, archi- I tecture, ar aeology and culture or Iowa City hist y, architecture, archa~ology and culture; r '- B. Posse s integrity of location, design, set- ting, aterials and workmanship; or, C. Ar associated with events that have' made a ignificant contribution to the broadlpat- rns of our history; or Are associated with the lives of perso s significant in our past; or . Embody the distinctive characteristics of a type, period, method of construction; repre- sent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack Individual distinction; or J~~, )'''''''''" .."..1'" """",,"" """"'''''''''''''''''''-'''''''''''T'''''''''''' "I'" ";''''i'', ", "'0>",.::""',:':'" '-.; ."..,''',..':'';'\'''',...;'1;,1'5.':''''..., :0\ .'.',~:,)/;i':~<';,_. "..),YXr . " :', ", .' " ,.\:,','-,~' ,:',:'~:.",:;,..;,;:,"'..."I-~"~\ Ordinance No. Page 3 'See Chapter 5, Article G of this Title for moving buildings. , ','''.',.,i-~~7.'..2~ I',' i' ':., - . '>,', ..'" , 't" ~ I, ;' , , ,', 'A' 0" , !:'( "' I , ( ;'~f:~{':":""'~'~';'~'" ....::',~j', ~ . :',~"; '\ ' ,'.,: ':::'?:"'~~~'~'~i,'~' " . ',- ',' .'..'.. '1 ~' . ',I> , ':~; ,,' ,1_::. 1 ",-" . ,..' ....', ,-.~, . . "'. ,"" , Ordinance No. Page 4 F. Have yielded, or may be likely to yield, information important in prehistory or histo- ry. Property owner: An individual or group of individuals, corporation, paJJnership, associa. tion, or in any entity .jJIclOding state and local governments a .agencies, which is the owner of real estate. Regulated p rmit: A permit issued by the building officia, or other official of the city, according to t e provisions of the Uniform Building Code 1 sign regulations,! house movers' ordina~ce,3 or Fire Code.4 (192 Code ~27-82; 1 94 Code) Sec. 14-4C-. HISTORIC PRESERV ION COMMISSION: A. An Iowa Cit H~'toric Preservatio Commis- sion is hereby r established an the current members ther p are hereby thorized and directed to full!ll their exi ing terms and directives consi~tent wit this Article. The commission shal~honsi of seven (7) mem- bers who shall b \ re cents of the City of Iowa City. \\ B. Members of the ~mmission shall be ap. pointed by the t Council. At least one resident of eac des nated historic district shall be ap inted 0 the Commission. Other mem ers shall be chosen at large from any art of the ' ity and shall have some e ertise in histo, , urban planning, archite ure, archaeology1law, sociology, or other losely related field, or shall demon- , stra interest in the area 0, historic preser- , va on. At least three (3) 0 the members s all hold appointments at la ge. Should e number of officially desl nated city historic districts exceed four (41 number, a new member shall be added to he com- mission for each new district in 'e cess of four (4) districts. C, The members appointed from desi ated historic districts shall serve three year terms. " 'J' -j " " " , " - ~ .;', , ' ,- V ,~ r \ ~ ! I ~ I I I I 1[" l ~ , " 'See Chapter 5, Article A of this Title. ~ 2See Chapter 6, Article 0 of this Title. 3See Chapter 5, Article G of this Title. 4See Title 7, Chapter 1 of the City Code. ,:I( - .'.."./ -: 0 " " ; , ' , , . , ..."". ,,''-' - - 111.f1 ',""'r--n:T-'!~"',I~,"'''''\''' ,~.... ", "...,.....,..~.~~~ ~~...-.-.', "'~";:'I:""":.J'~'~1 i~', '1 \''''''W\''I\",,-;I', I"'" ,', ,~,~",i'~"!'"i''ir'i''' ',,",,' " '[]',' /-,,,:; '0": >,~~ "'::1 'iJi:;'{":", .';::,' :",:, \.,: ,,', '''''.: ,'~',,':' '\~?"':'i"":"i"''-''\5'.'':)<\''::':::' ',,',' ,. ',\ , , ," 'I " -', ~ I ,,,.. , I " . \ \ " I" '''.-' ,,,, '" :,' ' ," ",'1'" - ," \,1..\',:, /-:~:,;,...t.:.",.,,: I<'~:":'):':i:':~';"r:~):"'::',,' ,: ',' , ',' ',' ,,';'-.:-,: ,~>.'. """::":':'~""I,.ii.,,:.!, X;". ..' ,,. ,....,~-.l ;"o'j '.m;:m , '..\ , : , . ~ " '1; ,<; J.....7"\' 1',';; \) \~ m" r~ I ~ I , , I I I ! I.: f' ~ .;,.:<< :(' " o ,,.,J'_"I :-...., " . , ,:,.' ~ '. ' . , ,,~'-:~h\'!', :~ ,,' :',.'. ',~ ;'. ,',', ,'.' , " .~; ." ' , . Ordinance No. Page 5 D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Me bers may serve for more than one term an each member shall serve until the ap- poi tment of a successor. F. Me bers shall serve without compensatio . G. A si ply majority of the commission all const ute a quorum for the transac' n of busine s. lOrd. No. 84-3204, ~3, 25-84; 1994 odel Sec. 14-4 -4. RULES OF THE CO MISSION: A. The His oric Preservation Co ission shall elect fro its membership a airperson and vice-chai erson whose t m of office shall be one y ar. The ch 'rperson and vice- chairpers may serv for more than one term. Th chairper on shall preside over the Commi sion a have the right to vote. The vice-c airp son shall, in cases of absence or di bility of the chairperson, perform the ties of the chairperson. B. The City M ger shall designate a person to serve s cretary to the Commission. The se etary shall keep a record of all applic ions for certificates of appropriate- ness resolution proceedings, and actions of e Historic Pr servation Commission. C, T e Commission hall recommend rules or y-Iaws for the t nsaction of its regular business to the Cit Council for adoption; The Commission sh I have the authority to adopt rules of proce re in connection with the approval or disapp oval of certificates of appropriateness subje to approval of the City Council. D, The Commission shall ke p a record, which shall be open to public VI w, of its resolu- tions, proceedings and acti ns. The vote or failure to vote of each m~mber shall be recorded. The concurring aVirmative vote of a majority of those members present shall be sufficient for a certifldate of appro- priateness to be granted, or for \he adoption of any resolution, motion or other action of the Commission. The Commls.sion shall submit a report on its activities to the Coun- cil and may make such recommendations to. the Council as it deems necessary to carry out the principles of this article. lOrd, No. , 84-3204, ~4, 9-25-84) \ \ , \ ..."1 ,,,..,,--.,, '.."! " " ".. . '~Lfl I I , ," .~ .'--.' !1 j I , " ~'. ' ~ ' '. ~.,.~" )""""-'''''''''''''''' R~2:i.i ,J:;"::;,;' \ . '. , , .. .,:' """"l'~'" """, ",'..''', --''', ''',''~'''',' 'I", "''''I', I, "", ""ll,"~ :;",.I",!;'f"';}\';,\t,\. '[]"\: . '. ',. ".<'.15"" " .'..:'" ,', " " ',vl... .','" ,f, . . ", .. ."1' \' ~;,.~ j-.";\'-'l,i,' J 'I\';i, : '-",-.,'.'"",-',: " ., ",: ')':':i';}l'~'\~;';:'," ' ;,:;t , " \., '"'. , , ;-: I ..,~.~ :',:! ,- ~!, ::'., ~,""i" :.-.l,;' ,.,' ;'. , I "'0,". . ," " ," ' ".,,.-: , ' ;'...,', . . ~. . '." ,', " Ordinance No. Page 6 ') \:1 'I',' ~, .:) , Sec. 14-4C-5. POWERS OF THE COMMIS- SION: A. The Commission shall be authorized to con- duct studies for the identification and desig" nation f historic districts meeting the definition established by this article. The commissio may proceed at its own initia" tive or up n a petition from any person, group or as ociation. B. The Commis ion shall make a recommen -, tion to the ffice of the State Hist Ical Society of 10 a for the listing of a hi orital district or site in the National Rister of . Historic Places and shall condu a public hearing thereon. i C. The Commission shall revie and act upon all applications f certific ~6 of appropri- ateness, pursuant to se Ion 7 of this Arti- I cle. / D. The Commission sh I cooperate with prop- erty owners and ci ,agencies pursuant to the provisions of ctl n 8 of this Article. E. The Commissio shall rther the efforts of historic preser ation in e city by making recommenda ons to the City Council and city commi sions and bo ~ds on preserva- tion issue when appropriat~, by encourag- ing the protection and erl~ncement of structu es with historical, a hitectural or cultur'l value, and by encour ing persons and/ rganizations to become involved in I , ", pre ervatlon activities. 11 e Commission shall not obliga e itself or e City of Iowa City in any finan 'al under- aking unless authorized to do s by the City Council. lOrd. No. 84-3204, ~ ,9-25- 84; Ord. No. 85-3268, ~1, 12-17-8 I ec. 14-4C-6. PROCEDURES FOR THE SIG- NATION OF HISTORIC DISTRICTS: A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission reco .- mending that an area be designated historic district. Before any report or recommendation is submitted, the Com- mission shall hold a public hearing on any proposal to designate an area as a historic district. The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mall addressed to each property owner of land included within such proposed !, ~, ! i ',,' ,:. :1~ , '1' ,,""', ,.'1 i i '..j , ".-_~ .t I i-I \': "!', \ \ \ \ \ ',', 'I": ....",.,'."... "1.17 ' .'1 - ,'::", oi,:.;;i\:,\C;'f,:;;'~;"'-:\'\';,..:,.o'r"'''i';'''''T?5'~::, "n" '" ",,~I""';,jf4::;-':;~->. "",I,' ,'" ~"_"""~'''~:\:~/:~:~' , tl''''' 0 ";L, ---v ',',' '., :' '-:1'''' ~, '," .," ~'-,'r:!,.. ;' :....-~. L': (:;'\ \t 1M I ~, II i I I L. \,t.,~, 'cvf ~I"";.' ~\ ~_:: 'C,' ,'-vv-v- " 0 '~ , '~.... .' ,"' . ',.",. " ,:,- .':,~r \ '\<~ : " '. ;',1 "' 'i', ',' '"~I ".'. " . Ordinance No. Page 7 district at the owner's last known ad- dress. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting fo th the date of mailing and the names an addresses of all property owners notl ied pursuant to this Section. After this p blic hearing the Commission shall submit 'ts report to the Plan and Zoning Commis i n and shall include proposed rdinance establishing su district and describing the boun ary thereof, 2. A copy of the ~ort shall also e sub- mitted to the Sta e ~Istorical ociety of Iowa or its succ ~s r for eview and recommendations c er ng the pro- posed area. Comme t rom the State Historical Society re ding the pro- posed area shall be r c~i\ ed by the City prior to the date of any a tion taken by the Plan and Zon' g Com ission. B, Plan and Zoning Co mission R commenda- tions: Within six (601 days 0 the receipt of the report a d the propose ordinance from the Com ission and recomm ndations from the St e Historical Society 0 iowa or its succes or, the Plan and Zonin 'Com- mission s all submit its recommendatl ns to the City. ouncil with respect to the rei tlon of su designation to the Comprehens'~e Plan, Zoning Ordinance " proposed publ , imR ovements and other plans for the re-', n al of the area involved. The Plan and oning Commission shall recommend ap- proval, disapproval or modification of the proposed historic district. The Historic Preservation Commission shall be advised of any modifications to the proposed historic district which are recommended to the City Council by the Plan and Zoning Commission. C. City Council Review: If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition 1 See Chapter 6 of this Title. '.' " f" . " , <'; .;,;.' ,'..,",;,_' .:.";::.-"_::'/ ";';'\';,:',,',;~,,;c~; I, ' D '-,I,f J'41 " ,',' ]'" ,.,'..-..'.. ..,~,..,-_...."..,..,..__...._"-"...I---"'I" -"", "".0' ,";;;:":'''''''';>; ",",i."i....,i'5\,'.. '0.' ,.."j ~", ;,:,""..:~i'" ,,;~;:."<::', ." '~, \...,,,':: ;", """"':"I'''~: ,,,,,- >',-"u " ~ ~ 7-~ : _P .,,;.;:.::.\" .",,":' ~.~' ~(' l".-r.: ,.' ".,~;; '. ..- '. , , 'i,' ; i . i I , . , ; : J i [ I I , ~ \ I . , I, [ ! I I I , I' j l~ (,,' ."', " ., .' '~' ::: .\':}t~,~'~;" :,:"'~ ' '. '(, , .~ ',-" .' Ordinance No. Page B describing the area, to the State Historical Society of Iowa or its successor for review and recommendations concerning the al- tered proposed area. D. State Recommendations: The recommenda- tions from the State Historical Society of Iowa concerning the proposed area or al- tered proposed area shall be received by the City prior to setting a public hearing con- ducted b~ the City Council on an ordinance establishi~ a historic district. Any recom- mendations made by the State Historical Society of 10 a shall be made available by the City to tli public for viewing during normal working ours at a City government place of public ac ess. E. Public Hearing: Af r receiving the recom- mendations of the S ate Historical Socie of Iowa on the propos area and/or alt ed proposed area, the Cit Council sh pro- law, and conduct a pubh hear' g on the ordinance establishing a ist ic district. The Council may adopt or Ject the ordi- nance or may refer the I toric district designation to the His oric Preservation Commission for modif ation. If the City Council refers the hi oric distri t designa- tion to the Historic eservation C mmission for modification, he procedures . escribed in subsections through 0 of thi section shall be folio ed, with the followin excep- tions: 1. Unles substantial modifications ar pro- pos ,the public hearing require ant de cribed in subsection A may be aived. nly property owners affected by t e Council's proposed modification shall b notified by mail of the modification prio to action by the Historic Preservation Commission. (1978 Code ~27-86; 1994 Codel Sec. 14-4C-7. APPLICATIONS FOR CERTIFI- CATES OF APPROPRIATENESS: A. Certificate Required: No individual or corpo- ration shall undertake a change in appear- ance of a building or site within a desig- nated historic district for which a regulated permit is required, nor shall the BUilding Official issue a regulated permit for a change in appearance of a building or site In a designated historic district, unless a certif- '.'" , I ," I'. , , :'" 'I , .., " "., '~ ',::C;_;;::'c',L..:: : 1.2 r:.Z.~~;:;_;'i,l';J:'.'::l:"::" ,:.;\::,'; ~i~'_ r 1 I ": I I I l' -~:. ,1..,. , \ , " '. ! .. '17 7'" _ .,...' .,..",,- 'Q : '," '\' ,'1..",,'''\'''', ","I"",,,"" 0' ,'" " ,,0 ",,"'J ,I;' " ")5' , " " ".,' 'f" 't.., r ' . ,{,' /. , ,f.' "i " , '. .-,',1\, 1, o -, .~ :?:'.:;:,.",<f' ~',>;" ",..J:,;.,..,'. .--, . , I r ) 1 ,A,'", ,~:al ! , i I I, i r" \ ~ ii' 1,,,1 ., ~I' " W c' 0 ~.- ;,"" " , " ',"" " ',-', .'"_~:~.~~,~\'l';';" :,;\ . ", .",.., '.:,~, "'~'" " ,,', ""';"" , '. -,'.'.,:. Ordinance No. Page 9 icate of appropriateness or a certificate of no material effect has been granted. B, Conditions of Certificate Issuance: The chair of the Historic Preservation Commis- sion and the secretary of the Historic Pres- ervation Commission, or their designees, may issue a certificate of no material effect if the work contemplated in the application will have no effect on any significant archi- tect al features of the building or on the histo c district. C. Applic tion for Certificate; Review: 1. App 'cation for a certificate of appropri- atene s shall be made to the Building Officia, The application should include., drawin s, photographs, sketches and other ex ibits portraying the work to'he accompli ed which will assist the' His- toric Pres rvation commiSsi(~,lin the considerati n of the applicafon. 2. Upon the fill g of such ap, ication, the Building OffiCI I shall im ediately notify the Historic Pr ~ervatip Commission of the receipt of su~h \lpplication and shall transmit it, toget~ (with accompanying plans and other i mation, to the Com- mission. 3. All applicatio s receiv d before the clos- ing date, t be establis ed by the Com- mission, shall be cons'~red by the Commi sion at its next re ularly sched- uled eeting. The Com ~ssion shall revi the application, accor~'ng to the dies and powers specified h rein. In r viewing the application, the mmis- sion may confer with the applic nt or the applicant's authorized repres ~a- tive. In acting upon an application, e Commission shall consider whether t change in appearance to a building 0 site proposed by the application con- forms to standards set forth in the Janu- ary, 1979 edition of the Secretary of the Interior's "Standards for Rehabilitation" or subsequent revisions thereof. The Commission may use the Secretary of the Interior's "Guidelines for Rehabilitat- ing Historic Buildings" or subsequent revisions thereof or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or .'.';.."',.' ..',...".. I ;~. , , 'I .~.. , i::.,' " '. ,t-' .' ':,.' ' ;,', , I ,I I I @ i .1 ,',~ <,L'" ;r "~1,: , "",,\'::1;,,:;;,(<;;,,,/;:;1;;;i;"::;::i;li:;;':"~::i'-;'-:7:qi:':' ';",,) f"I''-, '..', "',i'\O:i':;I;';I":rC'i:.<,',, ..., ". '...:,.. ',. '.',i?5<.:tgJ , " ~ "~';',.".,:.'^ -i';' ,: is!~:~f;.'>_:' iO' " " " . ' .\,:'",;;,~~~.:~,~.~, '" ',~ ',' , .. "1','. , ' '..'.'...,. '..: - , ,- r~ \, , I~ I; ; I , " , " '~ c ~- .",' 0 ',' ''''Ii.: , , ' " '. ' , "..,- ' ------- I ~~. .,' I '. . , . ':;',' .. ". . Y' ,.. , ,.1 ~ .',.',-,' . ;',': ~,\~';:'20:',_LJ: \>.'J~::-:: ,."'~-.:';. ';.';' ;,;;:~ Ordinance No. Page 10 1 J ,I , I site conforms to the Secretary of the Interior's "Standards for Rehabilitation." D. Approval or Disapproval of Certificate: The Commission shall approve, modify, or disap- prove the application. The findings of the Commission, on each application shall be contained~n a written resolution setting forth the f II reason for its decision and the vote of e ch member participating therein. Such reso ution shall be placed on file for public insp ction in the office of the City Clerk withi five (51 business days alter the meeting at hich the application was acted upon. There Iter, a copy of the resolutio shall be sent to the applicant by ordin ry mail. If the a plication is approved ap- proved with mo ifications acceptabl to the applicant, a cer ificate of appro iateness will be issued, SI ned by the 9 airperson, and immediately tr nsmi~ted (ong with the application to the uilding fficial. If the application is disap ove " the application will be immediately tr mitted, along with the written resolutio f the Commission's findings, to the Buil In Official. E. Appeal to the Cit Coun i1: Any applicant aggrieved by a decisio of the Commis- sion may apv al the act n to the City Council. Su ft an appeal m t be in writing and must e filed with the City Clerk no later tha ten (10) business ys alter the filing 0 the above-mentione resolution. The . y Council shall, within a easonable time hold a public hearing on t e appeal, giv public notice as required by ate law, a well as provide written notice to the pplicant and to the appellant, if d ferent from the applicant, and decide the epeal within a reasonable time. In deciding ~uch appeal, the City Council shall consider whether the Commission has exercised'its powers and follow the guidelines estab- lished by law and this Article, and whethJ, the Commission's action was patently arbi-' trary or capricious. In exercising the above- mentioned powers the City Council may, in conformity with the provisions of this Arti. cle, reverse or affirm, wholly or partly, or may modify the order, requirement, deci- sion, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and '-- " o "I.... \ \ .,...;, , ", ,'. .l'..~' ~. , , 'i 7 >: '. """:..11,-' l"-~"''''''''';'''''-''"''''''''''''''''''''''''''''''''''''-'''-I~''-'''''' "'I 'ii, .',.0',.,.;.;';, ,,\:'{':.':' '.',,""":;:' ',,"; "';fs'O:"." ,1""1.- ~";;''.I.;~'":'!:~I''' ,J)\"~"i;;'''' , ',,"':.', ,:ii', f,.' ,:";"~::.':::,...,l:.~~),: 'i'_:'-r":,:i"_:;:,:,~, ~ ~>"';,~';:';",': " ., I, .. ! ,,:-' (1 \ ~.. " r;. , i .. ! , I , it I... i " Li 1 (-~-~ '.., 'i' ;,"', I I': . " ' ,..', ,. 'I." "', , ~. ", ,-:t ~ ...~, .;" Ordinance No. Page 11 1 j , to that end shall have the powers of the Commission from whom the appeal is taken. F. Judicial Appeal: If not satisfied with the decision of the City Council, the appellant may appeal to the Johnson County district court within thirty (30) days after the Council's decision. G. Compliance with Certificate Required: Certificates f appropriateness issued on the basis of a proved applications authorize only chang s in appearance set forth in such apPro; applications and no other changes in a earance. It shall be the duty of the Buildin Official or designee to ' - spect, from tif{le to time, any work er- formed pursuant to such a certifj te to ensure compliande with the requir ents of such certificate. ~f it is foun that such work is not being carried ou n accordance with the certificat~/ the uilding Official shall issue a stop-wor~ rder. Any change in appearance at vari . ce with that autho- , rized by the certifi te 'shall be deemed a violation of these egulations. (1978 Code ~27-87; 1994 ode) Sec. 14.4C-8. REMEDY 0 DANGEROUS CONDITIONS: A. Except f r emergencies as d ermined by the B 'ding Official pursuant ~ the ordi- nanc s of the City, City enforce ent agen- cie and departments shall give t ~ Historic p, eservation Commission at least h'lrty (30) . ' days' notice of any proposed rder for remedying conditions determine i~ be dangerous to life, health or propert w,hich may affect the exterior features f 'any , building. . B. The Commission shall have the pow to , require that changes or alterations ot adversely affect the exterior features 0 ~ building in cases where the danger to Iif health or property may be abated without. detracting from the exterior features of the building. In such cases, it shall be the responsibility of the Commission and the City enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on I i I : ~ ..' , ' I I I , :Q) t,;' lSee also Section 14-5F.3 of this Title. I I ,.:, - , Q LI ~ ' """": '1 ,'~",:,,:f . -. ,.. ,'''-' 'j:,.,~"," ')' ,""""",0,,0"1'1", """""'"?'''''.'f''^''''''' 'I' ,I:" ~",i ,..:','" ,"\ ':""""""''':,:':'','~ ;: '[0'" '.,,: " ':, ~""I;. f IV, ' ,(I, I 'rj 5" , ' " ,',,,, l' .. ,; " ' 'I(' "t, ,'~' , " , "', , ' ~ .. ":'''''';';'.!;'''''-'''' /.~!, 'il' ",' " '.,'.,....,:-.'.. - ,," ".'"", :'" '-, ','." ,,\", , ',-. ",' ' ~-_. , : ~ " ,~! .{, u,,'" "',.' " . I.,,' ','." "t'" " \\1,/ ~, .. ,\.' '.. ,I .. '~ ,f "l. ',' " , ,,. ,,( (~ \ '\ ~ I I I . I ~, , I I, , I ~i \ :l ,((' 0_____ , ','h' .~. J I I i I , I " , '" ' . ',',' , ,.. , ;' '. ,\. . ,~ " " .. ..', , , Ordinance No. Page 12 exterior features. Such plan shall be ap- proved by the Commission and shall be signed by the chair of the Commission, the ,)' property owner, and ~head of the City enforcement agel}l:y-or department. / C. If a solution ac {ptable to the Commission, / the City enfor ement agency or department,/ I. and the prop rty owner cannot be reach,eo within thirty 301 days or a period of/time acceptable t the City enforcemen;Alency or departme t, the agency or department shall proceed to issue and enforce its pro- posed order. (1978 CO~de ~17-88; 1994 Codel Sec. 14-4C-9. C MPLZA E WITH ZONING REGULATIONS: Any new building sh conform to all setback requirements of th one in which it is to be built or moved.' wever, if a building has been damaged or. oe troyed due to fire, explo- sion, act of G or her natural disasters, it may be plac upon i s original foundation or the site of e original undation regardless of the exte of damages provided it is recon- structe as near as p sible to the original exteri9 design.2 (1978 Code ~27-89; 1994 Cod f Se . 14-4C-10. PENALTI : Any violation of this Chap er shall be consid- red a simple misdemeanor 0 Municipallnfrac- tion or environmental infractio as provided for in Title 1, Chapter 4 of the Ci Code. (1994 Codel SECTION II. REPEALER. All 0 pinances and parts of ordinances in conflict wi't~ the provi- sions of this Ordinance are hereby repealed, SECTION III. SEVERABILITY. If ariv section, provision or part of the Ordinance \shall be adjudged to be invalid or unconstitution\l, such adjudication shall not affect the validity'of the Ordinance as a whole or any section, pro~i,sion or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi-, nance shall be in full force and effect after its \. final passage, approval and publication, in accordance with law, after September 1,1994. ., , ", 'l ,i'. .. 'See Section 14-6Q-4 of this Title. 2See Chapter 6, Article T of this Title for restoration of nonconforming structures. ,.-:"pq- ,,-- .... .. , ' 'Lf1 .",.:', , '-,....JI. l,n',""";",,,"""""'" ','," ~""~"''''-'''''''''--'''I- "', 1'1 ,", '!""':::"""",",i;',""""""':""':,' '''1>",,,''; '''0'' ',0,'<, ',;,,:,..'.. "~I ' " ,'" ' ,,', , ,.',...\,,', '. ..' rJ5 ,:':,c-l";':(':;'~"": ":,::/.';";,,,.'-\>'.',1:' : .'.,,',': ' " ' '< :(" ,'" .".,.,.. .:: ^. "~ ..",,;: e~::"_i,,;, ~ "-.' ~; ;.... ~:.', . . ~,~, ' . ,:'. , " . " ".. .. Ordinance No. Page 13 I Passed and approved this " " MAYOR ATTEST: CITY CLERK i , I ~ ,'.', , --! , ,1 , ',' , \ \ \ \ \ , :.,;.. r~ \ '} ~ I I: " \ \ \ \ " " . ~, "~;; , " "iE~' T___:, ." .'...~,-,',',;'.' 'y-'''' ~L . ~~;J, I ~~ 7 ~.." , ;"\\,:: '~,;;:T'"",:";"~""".",,:,,,,,'/l''';;;)'''N~:'';;71-;;T:' ii,".' 8:,[]"b -l<: .' ";i,,:,C}':.!il'.:IA';':',i,',i '.' \i, ':, '." . .,t$,~::,;:;':;",:,oi, ,.-' ., .' . r~", :' .. ' ~~", ;'.-. ',", rp ,/7 L r1 \ id~ ~ I i [I ~ ~ ":)j l<il':; I,~i <, ~j.l~ C'--;~ ,/'\' :' " ' .....,,': ., ',", ,I ';'. -'\t" :.,\~!:r . " ,-',.. " ," "~'~~2- / .~, " ".. . ~, ',' :", .. ... ". ..,' c"';; ;~',"..' :":\.':::",,-~,~.,.'_',:'.-.( ',:,:~__.- ,:'..': ,"' r.", DIES FOR LACK OF A SECOND , " ORDINANCE NO. ORDINANCE AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES OF IOWA CITY, IO- WA, BY AMENDING SECTION 32.1-63, SUB- SECTION 23-277, THEREIN TO ADD NEW HOURLY FEES FOR THE CAPITOL STREET (RAMP Al AND DUBUQUE STREET IRAMP B) PARKING RAMPS. I , ' " i' i .. ~ WHEREAS, in order to reflect increased operating costs of the Parking and Transit Department needed to properly administer City policies, it is in the pubiic interest to increase parking ramp fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 32.1, Article IV, subsec- tion 23-277, of the Iowa City Code of Ordi- nances should be and is hereby amended by repealing Section 32.1-63, subsection 23-277, in its entirety and enacting in lieu thereof a new Section 32.1-63, subsection 23-277, to be codified and to read as follows: Municipal Code Section Authorizing Fee, Charge, Fine or Penalty: 23-277 I I I. ' o Description of Fee, Charge, Fine or Penalty Charge Fees for parking in City parking lots and structures: Municipal parking lot (adja- cent to Ramp BI and Cen- tral Business District lots "I", Monthly all-day permits $45.00/mo. Monthly all-day permits $513.00/yr. (annual advanced payment) Monthly off-hours permits (after 5:00 PM, Monday- Friday, all day Saturday and Sunday) Lot permits, all other mu- nlclpallots Monthly all-day permits Monthly all-day permits (annual advance payment) $34,00/mo. ~ $35.00/mo. $399.00/yr. ", \'t\~ ' l""','l,'T,~,'~,',""; '..","". ""''''', ""...,.'..",,','''''' .''''''.''',1'-'''' ,. ""I'''''.';;: "" ,..0,,;<:/":">'."""\" '''.\ ,',. .)/5.". '...,: . 0' 4; "",w'",;;;"":',,',::' ..' ',' , ,~"','::,::"",,,L,,,:_,,j -'. ;, "'::' :;-:--: ~ '~.t~~' .' BID'", . ' '...:'-.).. rp ", .r" ry \~ ('~ ',~.----~ '.~ ii. . ' '.', ' "q". v" ., .. '''1 ',.',':.--', ""':"\.:"~ :' :'~'\\!,' ;'".,,\.,.... ,', ' ','." , "',;~_.,.,.". ,', . j" .,:' " /1' " " ~" .. . DIES FOR LACK OF A SECOND ORDINANCE NO. ORDINANCE AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES OF IOWA CITY, IO- WA, BY AMENDING SECTION 32.1-63, SUB- SECTION 23-277, THEREIN TO ADD NEW HOURL V FEES FOR THE CAPITOL STREET (RAMP A) AND DUBUQUE STREET (RAMP Bl PARKING RAMPS. ". WHEREAS, in order to reflect increased operating costs of the Parking and Transit Department needed to properly administer City policies, it is in the pubiic interest to increase parking ramp fees. NOW, THEREFORE, 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I, Chapter 32.1, Article IV, subsec- tion 23-277, of the Iowa City Code of Ordi. nances should be and is hereby amended by repealing Section 32.1-63, subsection 23-277, in its entirety and enacting in lieu thereof a new Section 32.1-63, subsection 23-277, to be codified and to read as follows: Municipal Code Section Authorizing Fee, Charge, Fine or Penalty: 23-277 , I' r ' Description of Fee, Charge, Fine or Penalty Charge Fees for parking in City parking lots and structures: Municipal parking lot (adja- 'J 1 cent to Ramp B) and Cen- tral Business District lots Monthly all-day permits $45.00/mo. Monthly all-day permits $513.00/yr. (annual advanced payment) Monthly off.hours permits $34.00/mo. (after 5:00 PM, Monday- Friday, all day Saturday and Sundayl Lot permits, all other mu- nicipallots Monthly all-day permits $35.00/mo. I , i' Monthly all-day permits $399.00/yr. (annual advance payment) . "......, " ," " "," ,,' \,~'\ Jl=....----.........'...... ,,"""~".." "-""fi'"--''' I'... \ , " . \ ..' 1'\1y~'T~..II"I)I' ~l\" i ,~1,' \' I J I, [J' ,,' 0, I' J ' ~':' " ~ >" , 'I. I. '.' i" ~~" ~"I, . "l ,\1>' .\i',i) , , ~J5\\ ';t' , I ";'''!: ,,\~{', J., \ r , , I .,{ . :" .' , I' ' , I, '".." \ ",.d.-,.,.:: "",,':, .,' ,.-,' ..,.<,.~...,' "k',::i,~. ~i., . ,".,.. i ',.; - .I I i '.,; \i'7 ':\' (~'\ ~ r1 I ' I ~, , , Wi ~ ~". ,"', " ri~' , ~. 1i: " ,<., " ~ ,(,' ':1 'i" --.:..~~ --v, o .~.,. , ", .. ,;I ;" ,,::.::.: ",', i",~fi~'j , . ","." ., ~,." ,", ,':,"', 7J1 :;' ,'. . ,(" l' '. .... ;., Ordinance No. Page 2 $17.50/mo. City employee lot permits Parking ramps: Hourly parker (Ramp A) Hourly parker (Ramp B) Maximum all-day {Ramp 81 Monthly all-day permits (Ramp A) Monthly all-day permits $627.00/yr. (annual advanced payment - Ramp Al $O.55/hr. $0. 50/hr. $4.00/day $55.00/mo. $45.00/mo. Monthly all-day permits (Ramp B) Monthly all-day permits $513,00/yr. (annual advanced payment - Ramp B) Monthly off-hours permits $34.00/mo. {Ramp Bl The above hourly parking rates for parking ramps will apply to both parking ramps, with the exception of cars exiting when a cashier is not on duty. A flat rate of $0.75 shall apply and be deposited at the exit gate. Ramp A, Capitol Street parking ramp, while Ramp B is the Dubuque Street parking ramp. Reissue of Ramp A and Ramp B Monthly permit exit card $25.00/ea. Reissue Reissue of all other $2.00/ea. lost/stolen permits SECTION II. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION III. REPEALER. All ordinances and parts of ordinances In conflict with the provi- sions of this Ordinance are hereby repealed. I,q, , . :_1', : ,,;,.,,',' 'j'\:i"Wi'~'."':';"'("\-\':" ",:,' ;;"';;'1.\' " :'"....'r;'.:'","""I.,O,,',ii: , ' ' o' ',-,' " :,0 ,:, ,i'::' ('j5' " ',', , . ,~, ",ll" ~ \':~:":"~"f"L;",,:;)~' ,,'.';'" .&I . ..', '. ,~' ':";,:j:: , JiilW.<!!" "i ."'.., ~ '.' .;' ',,'. "'.""'-, .- "", ',,/< . ",. " . ::; t ("'" \ , 1;&1 ~"'fl I I ~ I ! ,. I I I I I I ' I (k I ~ .,.'\::, ,_.1" .' ~.., ~! " "~,~:.\'t: "'\ .' :/ ,'~. ,.'. ' '. Ordinance No. Page 3 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect August 1, 1994. Passed and approved this MAYOR ATTEST: CITY CLERK City Attorney's Office o/~o1 flnpkg\hrlyfees.ord "", ".,' ~. ,.. , -;." . ,I .@ 1,1 "'r,: . , , I Jl ',',"."::;:"'''.,..,-".,..'''''..''''...>,,:,'~''''i.,..,;','C.;':':'1~"""'" ":",'''1, "0"''''''.' /,'> 0',:"0.':: ,'. '.\ ", . ',' '.".(J5'..."'..".., ' '..,...,. ."',.:;,,,,"'" ":.;:~,:;.,.',;',':'~,.;'..::;',i:'" ,:,rl\,~:\-'-':"':~, ,~,," ;~, "".fo::,., , .,( '. ,,: ~ ' " '~\ , " . .;:"..,., "," 1 "I '.~ ','r' -I.' .",.- '..,t.:.,,,.,, ~J[:'~~-' ,", 'r\ ~'," . ' , , ",...~' ~' ( ,:;, r" \ ~ :~',' l' -' !' r: L~'-' . '., ',- ,.~,;,. '".\'" .1:"\, , - ~ '. ,;> " ';-':'1'"-' , . .'\,\1,: .,',:' ORDINANCE NO. ORDINANCE AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES OF IOWA CITY, IO- WA, BY AMENDING SECTION 32.1-63, SUB- SEC ON 23-277, THEREIN TO ADD NEW HOU Y FEES FOR THE CAPITOL STREET (RAM A) AND DUBUQUE STREET (RAMP Bl PARKI G RAMPS. WHER S, in order to reflect increased operating costs of the Parking and Transit Departmen needed to properly administer City policies, it i in the public interest to increase parking ramp fees. NOW, THER FORE, BE IT ORDAINED BY E CITY COUNCIL OF THE CITY OF IOWA TY, IOWA: SECTION I. Ch ter 32.1, Article III., subsec- tion 23-277, of t ~ Iowa City Co of Ordi- nances should be a d is hereby mended by repealing Section 32. -63, subs ction 23-277, in its entirety and enac ing in Ii u thereof a new Section 32.1-63, sub ecti 23-277, to be codified and to read as I ws: Municipal Code See' n Authorizing Fee, Charge, Fine or Penalt. 3-277 Pees for par, ing in City parking 10 s and structures: Munlcip parking lot (adja. cent tRamp Bl and Cen- tral siness District lots onthly all-day permits lannual advanced paymentl Monthly off-hours permits (after 5:00 PM, Monday- Friday, all day Saturday and Sundayl Lot permits, all other rnu- nlclpallots Monthly all-day permits Monthly all-day permits (annual advance payment) '. -, M $4 OO/mo. $35.00/mo. $399.00/yr. , , ')''':''';;'v '" O'),.;){i . .'... l' ".. . ",' ",' , I 0. \!;/ ',I,! I~LJ' ";","'.\" ,"i,..,':T.:.;:..'i'...".',Te~.;5. ".: '10.""";', , ~. u. .~, ,,,,,.(,_',,J ,,', ..', "';"'" ~/~',f:,~: l' '...."1 , , "..'r .~ ,r I.': r\ \ \ " ~ I . I ! " , I, , ' I I I[ i i" II"" t (~,; ~~ C'" r ,; 0 " " ' " '\ -.:--.--,- ., ".':}t\'\':,i1' , ~: ',' "' \:.,;' - .' ;'..., " , , , ' City employee lot permits Parking ramps: Hourly parker (Ramp AI Hourly parker (Ramp B) Maximum all-day (Ramp Bl Monthly all-day permits (Ramp Al Monthl a -day permits (annual dvanced payment - Ramp I Monthly a I-day permits (Ramp Bl Monthly all- ay permits (annual ad va ced payment - Ramp Bl Monthly off-hou s permits (Ramp Bl The above hourly arking rates for parking ramps will apply to oth parking ramps, with the exception 0 cars exiting when a cashier is not on dut /A flat rate of $0.75 shall apply and be d~p sited at the exit gate. / Ramp A, capitollstreet rking ramp, while Ramp B is tzhe Dubuque S reet parking ramp. Reissue oy amp A and $25.00/ea. Ramp B onthly permit Reissue exit ca Ordinance No. Page 2 "'", '.'::,:,>~,., $17.50/mo. $.30/30 min. $.30/30 min. $4.20/day $55.00/mo. $627.00/yr. $45.00/mo. $513.0~ r. II $34.00/mo. / Reis e of all other los stolen permits CTION II. SEVERABILITY. If Qtsection, pr. vision or part of the Ordinance snail be djudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. -~ -v ~ "",'" .... )'....~..''''''''''''''w,..., i,\o..,,{,::, '":!;":i"".'.....',,... .. I,~, " I .,.. . , ',,' ,};,;'" , ~' ". \ ,I.!, " ',' '~""'" :-', ': ;"'~T;-5' "'''0'''';'',\' t4 ',U:, N ,,' '.',..'.".".>-...'1,..,\ "~:":':,'~r'::}' ;" , ~..' .y"-j " . . ;,:. .:.., ;~',;.. ,~...: ';2~';;_ '-, .,,;;~ ::! ~''; ,",,'~~ ;j..._.. :'... '0' ~;j""''''o'':';':::;~:/~oiL:'':~~:;''~,:;u~:{'';~;:'..':':'';;;~d}'.)~;:''':~.,~,>,J,;.:.;:..::;;:~':.Y:~'; ,:~<i:~~: , '-. ,.. l I I I , I ".. , " .' . "',,'~t';" ; :,' ,'jl'l ~...' " .. " .' '''to " 'c,,~,,'-,....J .,'..','.;",'.,'.. --".'""-. X'_--'../ .,",~'~.- .:.. ;'.:;.';,::::;i __';."I::A:o\'~,'~_'.';"o:.~,,,.....:. Ordinance No. Page 3 I ,,'.. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect August 1, 1994. Passed and approved this I MAYOR \',' ATTEST: I CITY CLERK .. " , , Ilnpkg\lulvfce2.ord i "> " , I I, ~ I \ \ Ii i I I ~; lL ,;(C-' 0 "~ "'-\- "~I ',0' "',':"'1';"; I,q, )'--~""'-"""':""""'''''!'i'''':''>''''''':'''''''''''''''''''1-''''''-'' '1"'''''''' .' ",,' "',, "",I /">,~ ~:i::~\,:,',:,", " \..'-'", i::,~ '" ''''\' .'1" ,I IJ ,~!~., ',." '.:' ' , '",' " , ' , " '"", " ; 1'0':"":" "''-, "', ,)~:. ".",,,",...,.,,,.,) "'",,,:,,,:,;J :,..'",,- '-:..., '-. \ \~ 1 t' .~- , ') I', '(" I : I.{'. : I ,I i : i } " \.." 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