HomeMy WebLinkAbout2007-05-14 Ordinance
L:iJ
Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
ORDINANCE VACATING A PORTION OF HOllYWOOD BOULEVARD lOCATED SOUTH OF
HIGHWAY 6 AND EAST OF BROADWAY STREET. (VAC07-00001)
WHEREAS, the applicant, Southgate Development Services, LLC, has requested a vacation of a portion
of the Hollywood Boulevard public right-of-way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of Hollywood Boulevard in
question serves no public purpose and is not likely to do so in the future; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the requested
vacation provided necessary utility easements are retained; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The property described below is hereby vacated by the City of Iowa City:
A part of the Northwest Quarter of the Northwest Quarter of Section 23, Township 79 North, Range 6
West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are
described as follows:
BEGINNING at the Northeast corner of the land described in "Warranty Deed" Right-of-Way
Acquisition Plat, thereof recorded in Book 3299, at Page 412, of the records of the Johnson County
Recorder's Office; Thence N40000'0''E, 6.31 feet; Thence S67056'00"E, 159.36 feet; Thence
Southeasterly, 16.23 feet, along an arc of a 3009.00 foot radius curve, concave Northeasterly,
whose 16.23 foot chord bears S6So05'16"E; Thence S220Q4'00"W, 6.00 feet, to a point on the
Northerly Right-of-Way line of U.S. Highway No.6; Thence Northwesterly, 16.23 feet, along said
Northerly Right-of-Way line, and an arc of a 3015.00 foot radius curve, concave Northeasterly,
whose 16.23 foot chord bears N6S00S'1S"W; Thence N61'S6'00"W, along said Northerly Right-of-
Way line, 161.30 feet, to said POINT OF BEGINNING, containing 0.02 acre, (1,OS9 square feet),
and subject to easements and restrictions of record.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of ,20_.
MAYOR
ATTEST:
PpadminlordVAC07 -OO001.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES; NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 5/14/2007
Voteforpassage:AYES: Champion, Correia, Elliott,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
O'Donnell, Vanderhoef, Wilburn,
.
~
~
Prepared by: Sarah Walz, Associate Planner, PCD, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 14.5 ACRES FROM HEAVY INDUSTRIAL (1-2)
TO GENERAL INDUSTRIAL (1-1) AND REZONING APPROXIMATELY 36.65 ACRES TO
PLANNED DEVELOPMENT OVERLAY/GENERAL INDUSTRIAL (OPD/I-1) AND APPROVING A
SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK
WALTON ROAD EAST OF OAKCREST HILL ROAD. (REZ07-00004)
WHEREAS, the applicant, County Materials Corporation-West Lucas LLP, has requested a rezoning of
approximately 14.5 acres of property located north of Izaak Walton Road and east of Oak Crest Hill Road
from Heavy Industrial (1-2) to Generallndusmal (1-1); and
WHEREAS, the applicant is also requesting a rezoning of 36.5 acres (including the property above) from
General Industrial (1-1) to Planned Development Overlay/General Industrial (OPDII-l); and
WHEREAS, while the Comprehensive Plan indicates this area as open space due to the presence of
flood plain and wetlands as well as the limited ability to provide sewer, unless the property is purchased by
the City or another private entity to preserve it as open space, the owner has the right to develop the property
for uses permitted under the current zoning; and
WHEREAS, the property contains environmentally sensitive areas, for which the applicant has provided
a plan delineating the sensitive features for the protection and mitigation of those features; and
WHEREAS the proposed development activity will result in the filling of 1.96 acres of wetland, which
requires Planned Development Overlay rezoning and approval of a Sensitive Areas Development Plan for the
overall site; and
WHEREAS, the applicant's mitigation plan will construct 3.92 acres of new wetland on site; and
WHEREAS, the applicant has requested a 50-foot reduction in the required 100-foot wetland buffer; and
WHEREAS, based on information submitted by the applicant, staff supports a 50-foot reduction of the
buffer along the eastern edge of the wetland while retaining the required 100-foot buffer along the wetland's
northern perimeter; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
development plan and determined that it complies with the Comprehensive Plan provided that it meets
conditions addressing the need to protect and/or mitigate the wetlands on site; and
WHEREAS, Iowa Code ~414.5 (2007) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the conditions recommended by the Commission are related to protecting and ensuring the
function of the wetland area on site; and
WHEREAS, the owner/applicant has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein to ensure
appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the property described below is hereby reclassified from its current zoning designation of Heavy
Industrial (1-2) to General Industrial (1-1) :
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M.;
THENCE NORTH TO THE SOUTHWEST CORNER OF THE NORTH TEN (10) ACRES OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE EAST 815
FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTH LINE OF SAID SECTION 27; WHICH POINT
IS 440 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 27, THENCE WEST TO THE PLACE OF BEGINNING. ALL
OF SAID PROPERTY LYING IN IOWA CITY, JOHNSON COUNTY, IOWA. CONTAINING 14.5 ACRES.
Ordinance No.
Page 2
And
Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property
described below is hereby reclassified from its current zoning designation of General Industrial (1-1) to
Planned Development Overlay! General Industrial (OPD!I-1) :
A PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 28 AND A
PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION
27, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA
CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2006146
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE
N89'40'19"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
28, A DISTANCE OF 360.06 FEET TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF THE CRANDIC RAILROAD (FORMERLY C.R.I. & P. RAILWAY); THENCE N12'01'22"W,
ALONG SAID EASTERLY RIGHT OF WAY LINE, 1536.13 FEET; THENCE S89'35'12"E, 690.87 FEET
TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 28; THENCE
SOO'24'48"W, ALONG SAID EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE
NORTH 10 ACRES OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINICIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89'52'25"E, ALONG THE SOUTH LINE OF SAID NORTH 10
ACRE TRACT, 815.00 FEET; THENCE S03'56'18"E, 999.22 FEET TO A POINT ON THE SOUTH LINE
OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 27; THENCE N90'OO'00"W, ALONG SAID
SOUTH LINE, 890.81 FEET TO THE POINT OF BEGINNING, CONTAINING 37.595 ACRES AND IS
SUBJECT OT EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and the attached Conditional
Zoning Agreement for this property, and record the same in the Office of the County Recorder, Johnson
County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No.
Page 3
Passed and approved this _ day of
MAYOR
ATTEST:
CITY CLERK
Ppdadminlordlrez07-OO004 iw road.doc
.20_.
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted. and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 5/14/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239
(REZ07-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City"), and County Materials Corporation-West Lucas LLP (hereinafter
"Owner"); and
WHEREAS, Owner is the legal title holder of approximately 36.65 acres of property located east
of Oak Crest Hill Road and north of Izaak Walton Road; and
WHEREAS, the Owner has requested the rezoning of a portion of the property (14.5 acres) from
Heavy Industrial (1-2) to General Industrial (1-1), and a rezoning of the entire property, 36.65
acres, from General Industrial (1-1) to Planned Development Overlay/Generallndustrial
(OPD/I-1); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions for the protection and mitigation of wetlands, the zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
requirements for protecting and mitigating the wetlands on site; and'
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of the following Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County Materials Corporation-West Lucas LLP is the legal title holder of the property
legally described as follows:
A PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF
SECTION 28 AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 27, ALL IN TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2006146
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89'40'19"W, ALONG THE SOUTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS
ppdadmtagtlczs-rez07-lX1OO4 iz walton road.doc
1
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CRANDIC RAILROAD
(FORMERLY C.R.1. & P. RAILWAY); THENCE N12001'22"W, ALONG SAID EASTERLY RIGHT
OF WAY LINE, 1536.13 FEET; THENCE S89035'12"E, 690.87 FEET TO A POINT ON THE
EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 28; THENCE SOoo24'48"W,
ALONG SAID EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE NORTH 10
ACRES OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINICIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89052'25"E, ALONG THE SOUTH LINE OF SAID
NORTH 10 ACRE TRACT, 815.00 FEET; THENCE S03056'18"E, 999.22 FEET TO A POINT
ON THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 27;
THENCE N90000'00''W, ALONG SAID SOUTH LINE, 890.81 FEET TO THE POINT OF
BEGINNING, CONTAINING 37.595 ACRES AND IS SUBJECT OT EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan. Further, the
parties acknowledge that Iowa Code ~414.5 (2007) provides that the City of Iowa City
may impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs directly caused by the
requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following additional conditions:
a. That the phase I outdoor storage area be developed as a system of concrete paved
drives and sand storage beds in compliance with the finally approved site plan.
b. The Owner shall submit a landscape plan which must be approved by the City
Forester.
c. That no outdoor storage be allowed outside of those areas designated and
constructed for outdoor storage as per the finally approved site plan and the design of the
sand beds shall be approved by staff.
d. Prior to development, the phase II storage area must be delineated (area and
location) and a site plan must be submitted and approved by staff; the site plan must comply
with all code requirements and the phase II storage area must be paved with a dust-free
material such as concrete or asphalt or with alternative materials to be approved by the
Building Official.
e. Approval of the stormwater management and erosion control plans by City
Engineering Staff.
f. Wetland monitoring reports prepared by a wetland specialist shall be submitted to the
City on an annual basis for a period of ten years. I n the event that the reports recommend
additional maintenance or other action to address the health and function of the wetland, the
Applicant/Owner shall comply with recommendations contained in the report within a
reasonable time period.
ppdadmlagVcza-rez07-ClOOO4 iz walton road.doc
2
A 50-foot reduction in the required wetland buffer is approved for phase I of the site (that area
east of the wetlands) subject to:
g. The maximum paved area in the phase I outdoor storage shall be in compliance with
the finally approved site plan and pavement shall be designed to shed water into the sand beds,
and the design of the sand beds shall be approved by staff.
h. The bio-retention basins indicated in the mitigation plan shall be designed to comply
with the Iowa Stormwater Management Manual through the use of an engineered soil subgrade
as approved by staff.
i. An additional berm shall be built to an elevation that will force water to flow into the
wetland area.
j. The Owner shall substantially comply with all other aspects of the finally approved
mitigation and development plan.
k. The mitigation and development plan shall be approved by the Army Corps of
Engineers and the U.S. Fish and Wildlife Service.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code 9414.5 (2007), and that said
conditions satisfy public needs directly caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
ppdadmlagVcza-rez07-00004 iz walton road.doc
3
Dated this
day of
CITY OF IOWA CITY
Ross Wilburn, Mayor
Attest:
Marian K. Karr, City Clerk
ApprgYeQ by:
('
"
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
,20_.
By:
By:
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmlagVcza-rez07-OOOO4 iz wallon road.doc
4
Dated this L day of Ih,~
COUNTY MATERIALS CORPQRATION
,20.Q..L.
COUNTY MATERIALS RPORATION-WEST LUCAS LLP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of Y"l1~ ' A.D. 20~, before me, the undersigned, a Notary
Public in ard for 0 the State of Iowa, personally appeared
m~rle. J./e4.dt (\~.J , to me personally known, who being by me duly sworn,
di s y that the erson is el'ler: I ~ (title) of
l.UI I , and that said inst ment was signed on behalf of the
said Ii ited lia~iI'ty com ny by authority of its managers and the said
il\t>..-Ie. flelkd;n' acknowledged the execution of said instrument to be the voluntary
act and deed of sai limited liability company by it voluntarily executed.
~~ *". ~.u)
Notary Public in and for the State of Iowa
My commission expires: q-:;l.:?,-oCf
ppdadmfagllcza-rez07.oo004 iz walton road.doc
5
5L..-
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: REZ07-00004
County Materials
(CMC-West Lucas LLP)
GENERAL INFORMATION:
Date: April 19, 2007
Applicant:
CMC-West Lucas LLP
3705 1st Ave. SW
Cedar Rapids, IA 52405
Contact Person:
Merle Headington
County Materials Corporation
3705 1st Ave. SW
Cedar Rapids, IA 52405
Phone:
(319) 350-0325
Requested Action:
Rezoning from 1-2 and 1-1 to OPDII-1 and a
Sensitive Areas Development Plan to allow the filling
and mitigation of a wetland and the reduction of a
required 1 OO-foot wetland buffer.
Purpose:
To allow for the construction of a concrete pipe
manufacturing plant that will impact protected
wetlands.
Location:
270 Izaak Walton Road
Size:
36.645 acres
Existing Land Use and Zoning:
1-1& 1-2
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Undeveloped - County Agricultural
Undeveloped - County Agricultural
Recreational - County Agricultural
Residential - County Residential
File Date:
Open Space
March 13th, 2007
April 27th, 2007
Comprehensive Plan:
45 Day Limitation Period:
BACKGROUND INFORMATION:
The subject property is located at the far southern boundary of Iowa City's corporate city limits,
east of Old Highway 218 and north of Izaak Walton Road. The site is surrounded on three sides
by Johnson County land, which is zoned agricultural and residential, and the Izaak Walton League
2
Clubhouse and recreation area are located on the adjacent property to the east. The property was
previously owned by S&G Materials Company, and the eastern 15 acres of the site was mined for
sand and gravel for the past 15-20 years. More recently, the eastern portion of the site has been
used for gravel and fill material storage.
The eastern portion of the applicant's property (approximately 14.5 acres) is currently zoned
Heavy Industrial (1-2), and the western portion (approximately 22.5 acres) is zoned General
Industrial (1-1). The applicant plans to build a concrete pipe manufacturing plant with outdoor
storage within the area currently zoned 1-2, and locate a second outdoor storage yard in the area
zoned 1-1. The pipe manufacturing would be considered a principle use; the outdoor storage yards
would be considered an accessory use. A wetland survey conducted for the applicant indicates a
total of 3.24 acres of jurisdictional wetlands on the western portion of the site. The U.S. Army Corp
of Engineers requires compensatory mitigation to offset any proposed impacts to wetlands.
The applicant is requesting to rezone the 1-2 area to 1-1 to bring the property into a single zoning
classification in order to conform to the zoning code requirement that accessory uses be located
on the same lot as the principle use, and that a property not be divided by a zoning boundary.
The applicant seeks a rezoning for a Planned Development Overlay/General Industrial (OPD/I-1)
zone and a Sensitive Areas Development Plan to allow the filling and mitigation of a wetland and
the reduction of the required 100 foot wetland buffer to 50 feet.
As stated above, the proposed concrete pipe manufacturing facility will include indoor
manufacturing and outdoor product storage. Development of site would take place in two phases:
Phase I includes the grading and construction of the manufacturing/curing plant on the
eastern portion of the property (the area currently zoned 1-2) as well as construction of the
outdoor pipe storage yard. The storage area would consist of paved drives, interspersed with
an extensive series of linear sand beds on which the concrete pipe product would be stacked.
Access to the manufacturing plant and employee parking would be provided from Izaak
Walton Road. There is very little wetland on this portion of the property (see the southwest
corner of the 1-2 zone) and no mitigation will take place in this area.
Phase 1\ includes the creation of additional storage area and associated drives as well as the
access road from Oak Crest Hill Road. Development of this area requires filling of 1.96 acres
of wetland. To mitigate the proposed filling of wetland, phase II would include the creation of
3.92 acres of new wetlands within the 1-1 area as weill as establishment of the buffer area and
bio-retention basins.
The applicant has indicated that the phase II storage area will be used to store product such as
manhole sections, box culvert sections, intakes and similar product that can be placed on a
relative flat surface without danger of rolling or otherwise moving out of place. The applicant
has proposed to seed this area with native vegetation, which would stay in place until additional
outdoor storage is needed. The applicant has not indicated the maximum extent of the future
storage yard, nor the material for surfacing the storage area.
A revised site plan for the proposed development was submitted to staff on Thursday, April 12.
Some elements of the plan are still being reviewed.
ANALYSIS:
Comprehensive Plan: The subject property is included in the South Central District of the
Comprehensive Plan. Because it is located within the 1 DO-year flood plain, includes jurisdictional
wetlands, and is difficult to service with City sanitary sewer, the future land use scenario for the
South Central District indicates this property as open space. The South Central District Plan also
3
states that "industrial zoning is most suitable for those properties in this area that have direct
access to the railways and Riverside Drive." Unless the property is purchased by the City or
another private entity that would set it aside as open space, the property owner has the right to
develop the property for uses permitted under the current zoning. However, the requested
wetland filling and buffer reduction are discretionary, and the policies of the Comprehensive Plan
should be considered when developing the Sensitive Areas Development Plan.
The Comprehensive Plan also raises aesthetic concerns with regard to development of industrial
type uses along the entrance way to the City. As discussed below, screening requirements in the
code are intended to mitigate the appearance of the proposed manufacturing use and storage
yard from adjacent right-of-ways.
Current Zoning: The 1-1 zone allows for most industrial uses and is regulated to protect
surrounding developments. The 1-2 zone is intended for intense industrial uses such as
manufacturing or fabrication facilities, particularly those uses whose daily operations create
significant negative externalities, especially noise and dust. Because the production process for
the proposed manufacturing operation is entirely indoors, and because the outdoor storage areas
will be designed and constructed to minimize dust, the use may be classified in the General
Manufacturing use category. The proposed outdoor product storage area is an accessory use to
the manufacturing component and must be located in the same zone as the manufacturing use.
Thus the applicant is requesting that the entire property be zoned 1-1.
Sensitive Areas Ordinance: The purpose of the Sensitive Areas Ordinance (SAO) is to
implement the environmental policies of the Comprehensive Plan; permit and define the
reasonable use of properties that contain environmentally sensitive features and natural resources
while recognizing the importance of environmental resources and protecting such resources from
destruction; and provide for the mitigation of disturbances of environmentally sensitive features
and natural resources by requiring and implementing mitigation plans, as needed.
The SAO requires a rezoning to a Planned Development Overlay zone, a process which requires
the approval and recording of a Sensitive Areas Development Plan (SADP) prior to development
activity that disturb a wetland or associated buffer or for requests for modifications of the
standards. Any SADP containing a regulated wetland is required to submit a Wetland Mitigation
Plan that clearly delineates the extent to which existing wetlands are impacted. Additionally,the
Plan must address several issues pertaining to the quality, type, and diversity of the wetlands
being impacted as well as those being created.
The Wetland Mitiaation Plan: The Wetland Mitigation Plan, submitted by Transition Ecology,
L.L.C. provides a clear delineation of the existing wetlands, including those that will be impacted
by development activity during Phase II of the project, which would require the disturbance or
elimination of approximately 1.96 acres of jurisdictional wetlands (1.50 acres of emergent wetland
+ 0.46 acres of wooded wetlands). The zoning code requires the replacement of wooded
wetlands at a ratio of at least two-to-one and emergent wetlands at a rate of one-to-one. The
applicant proposes to replace the 1.96 acres of filled wetland with 3.92 acres of new wetland.
These new wetland basins would contain 0.92 acres of wooded wetlands (meeting the 2:1 code
requirement) and 3.00 acres of emergent wetland (twice what is required by code).
The plan also proposes to surround both the 3.92 acres of new wetlands as well as the remaining
existing wetlands with a 50-foot buffer zone (2.77 acres). (A reduction is being requested from the
normally required 100 foot buffer as discussed below.) The proposed buffer area will be seeded
with native plant species as required by code. A portion of the proposed buffer is indicated by the
consultant as a bio-retention area and is intended to capture and filter storm water run-off from
average storms (5-year event storms) before flowing into the mitigated wetland area. The plan
4
indicates that the mitigated wetlands would store 100-year storm events. In addition, the mitigation
plan indicates that 1.02 acres of retained (existing) emergent wetland will be enhanced-invasive
reed canary grass will be removed and the required native seeding will take place.
As currently planned, it appears water is being impounded by the berm structure rather than
being infiltrated and "treated". The Iowa Stormwater Management Manual chapter defines a
bioretention system as "shallow landscaped stormwater basin with an engineered soil
subgrade. The stormwater runoff collected in the upper layer of the system is filtered through
the surface vegetation, mulch layer, pervious soil layer, and then stored temporarily in a stone
aggregate base layer." From a water quality standpoint and for the health of the wetland this
type of "treatment," staff recommends that the bio-retention basins be designed in this manner.
Based on the plans submitted, if water were to reach the elevation of 637.5, it appears as if it
would back up during average storm events and be directed into the swale located at the south
of the site and leave the site via the culvert at elevation 632.7 rather than spilling into the
mitigated wetlands. If this observation is correct, much of the stormwater would leave the site
and not enter the wetland. Therefore, staff recommends that an additional berm be built up to
the 639 elevation to force the water to flow into the wetland area.
Buffer Reduction: The zoning code requires a 1 aO-foot buffer separating development activity
from a regulated wetland. However, the code also permits a buffer reduction of up to 50 feet if it
can be demonstrated by a wetland specialist that the wetland is:
1. less than five acres in total area; and
2. does not contain species listed by the Federal or State government as endangered or
threatened, or critical or outstanding natural habitat for those species '; and
3. does not contain diverse plant associations of infrequent occurrence or of regional
significance; and
4. is not located within a regulated stream corridor.
While the wetland survey submitted by the applicant indicates that each of these criteria has been
met, the City must also consider the following factors when determining whether or not to reduce
the required buffer:
1. The proposed land use of the property and its potential impact on the wetland; and
2. The design and layout of the proposed development in relation to the wetland; and
3. The physical characteristics of the site and wetland; and
4. Any other factor related to the short- or long-term environmental stability and health of
the wetland.
As explained above, the buffer areas appear to function as stormwater detention basins rather
than their identified use as bio-rention. The staff recommendations regarding infiltration and the
berm structure would create a more functional system that would help to justify the 50-foot
reduction in the buffer.
The current site shows the phase I outdoor storage areas as a combination of concrete paved
1 While the wetland area contains suitable habitat for the Indiana Bat (an endangered species), the consulting wetland
specialist has indicated that the habttat in this area is neither "critical nor outstanding" for the species. The report is
being review by the Fish and Wildlife Service to verify the quality of habitat.
5
surfaces, on which equipment and vehicles move around, interspersed with an extensive series of
sand beds for storage of the concrete pipes. The site plan indicates the maximum extent of paving
in the area (impermeable surface), although the sand beds may be rearranged depending on the
needs of the storage facility. The sand beds are intended to control for rolling or damage to the
pipe product but also have the potential benefit of reducing the amount of impermeable surface on
site and potentially allow infiltration of stormwater that is shed from the paved area. That is, rather
than draining all stormwater onto the detention basins, some water should have the opportunity to
infiltrate the soil on site via the sand beds. Staff recommends that the paved areas be designed to
shed water into the sand beds and that the applicant indicate a depth of sand adequate to absorb
water from an average rainfall.
Phase II of the site development indicates proposed product storage space access drives and a
drive connection to Oak Crest Hill Road. The applicant proposes to fill and grade the northern half
(approximate) of the phase II site and to seed the entire area (excluding areas for paved drives)
until additional storage space is needed. The applicant's site plan shows the drives paved with
gravel, however the zoning code stipulates that all drives must be paved with a durable surface.
The City will require that the drives be paved in asphalt or concrete. The applicant has not
indicated the extent (maximum) area to be used for outdoor storage on this portion of the site, nor
how the storage area would be surfaced.
The design and surfacing materials used for the outdoor storage are important in assessing the
potential impacts to the wetland. Without basic information on how the phase II outdoor storage
areas will be developed it is not possible for staff to accurately assess the impacts on the
wetlands. Therefore staff recommends that any rezoning be granted based on the following
conditions: No outdoor storage would be allowed on the phase II site until a paved surface is
developed, and the extent (area and location) of said paving and paving material be approved by
staff. Staff has advised the applicant that a dust-free surface such as asphalt or concrete paving
will be acceptable in the storage area for phase II but will consider other dust-free altemative
materials proposed by the applicant. Without at a plan showing the extent of development in this
area it is not possible to determine the affects of reducing the wetland buffer. Staff recommends
that the required 100-foot buffer be retained until a proposal for the development of this area is
submitted.
At the time of this report, engineering staff have not completed their review of stormwater
management plan for the site, and thorough review of the erosion control plan is also not
complete, therefore Staff recommends that approval of the rezoning be subject to the approval of
the stormwater management and erosion control plans by the staff.
Woodlands: The property appears to contain woodland areas. The Sensitive Areas
Ordinance allows up to 90% of woodlands to be removed for development in industrial zones.
The Sensitive Areas plan should show the extent of the woodland areas to be removed.
Traffic/Access: The applicant proposes two points of access. The first access is the existing
drive from Izaak Walton Road, which lies south of the subject property this would be the main
entrance for all employee traffic as well as shipping and receiving of materials. Phase II proposes
to use the existing access from Oak Crest Hill Road, which would provide an additional access to
the site from the north, including fire and emergency access. The access drive will need to be
paved.
Izaak Walton Road is a gravel secondary road with a seal coat surface, which is under Johnson
County jurisdiction. As a requirement of a Conditional Use permit granted to S&G Materials,
which operates a quarry to the south and east of the subject property, the County has a
maintenance agreement with S&G to maintain the road.
6
Screening: Outdoor storage is allowed in the 1-1 zone as a provisional or accessory use.
However, the code requires screening standards in order to protect surrounding properties. The
code stipulates that outdoor storage be screened from public view to the extent possible. If not
screened by buildings, storage areas must be set back at least 20 feet from any public right-of-
way and screened from view to the S3 standard. If a fence is built around the storage area,
required screening must be provided between the fence and the right-of-way. The Building Official
may waive this requirement if the outdoor storage facilities would be blocked from view either due
to topography or existing vegetation.
The applicant has indicated that S3 landscape screening will provided along the entire 50-foot
easement adjacent to the Izaak Walton League property. Along the western portion of the
property, the applicant has indicated that a 40-foot wide by gOO-foot long undisturbed area will be
left between the outdoor storage area and the railroad right-of-way. The next 350 feet, adjacent to
the right-of-way will be part of the wetland mitigation area being created as part of the project and
will be planted in accordance with the mitigation plan and does not require screening. The
remaining 250 feet adjacent to the railroad right-of-way is part of an existing wooded wetland area
that will be left undisturbed and will provide screening. The southern portion of the site, between
Izaak Walton Road and the phase I outdoor storage area does not show the appropriate S3
screening. Improved screening, which includes the use of evergreen species will be required in
this area. The northern portion of the site abuts land zoned for agricultural use, and thus no
screening is required in this area. Because the development is in the floodplain and because the
code includes a requirement that plant materials Ul.ed on the site be species that do not pose the
potential to invade the wetland area, staff recommends that the landscape screening be approved
by the City Forester.
Parking: The applicant has applied for and was granted special exception to reduce the required
parking provided from 76 spaces to 38 spaces. Based on information provided by the applicant
regarding the automation of the factory and the limited number of staff required to run the plant,
staff has recommended approval of the special exception subject to compliance with all parking
design and screening standards for the industrial zone.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until the deficiencies and discrepancies
noted below are resolved.
Upon resolution of these items staff recommends that REZ07 -00004, an application submitted
by County Materials for a rezoning from Heavy Industrial (1-2) zone (14.5-acres) to General
Industrial (1-1) zone and Planned Development Overlay I General Industrial (OPD/I-1) zone for
a Sensitive Areas Development Plan to allow the filling and mitigation of wetlands and the
reduction of a wetland buffer on approximately 36.65 acres of property located north of Izaak
Walton Road, east of Oakcrest Hill Road be approved conditioned upon:
1. That the phase I outdoor storage area be developed as a system of concrete paved drives
and sand storage beds in general compliance with the site plan submitted.
2. The site plan will comply with all landscape and screening requirements in the code and
the final landscape plan will be approved by the City Forester.
3. That no outdoor storage be allowed outside of those areas designated and constructed for
outdoor storage as per the site plan submitted.
4. Prior to development, the phase II storage area must be delineated (area and location)
and submitted to staff and must be paved with a dust-free material such as concrete or
asphalt or with alternative materials to be approved by staff.
5. Approval of the stormwater management and erosion control plans by City Engineering
7
staff.
6. Wetland monitoring reports shall be submitted to the City on an annual basis for a period
of 10 years.
Staff recommends that the 50-foot reduction in the required wetland buffer be approved for phase
I of the site subject to:
1. The maximum paved area in the phase I outdoor storage be in compliance with the site
plan submitted and pavement be designed to shed water into the sand beds.
2. The bio-retention basins indicated in the mitigation plan be designed to comply with the
Iowa Stormwater Management Manual through the use of an engineered soil subgrade
to be approved by staff.
3. An additional berm be built up to the 639 elevation to force the water to flow into the
wetland area.
4. Substantial compliance with all other aspects of the mitigation and development plan as
submitted.
5. Subject to approval by the Army Corps of Engineers and the U.S. Fish and Wildlife
Service.
DEFICIENCIES AND DISCREPANCIES:
1. S3 screening of the outdoor storage areas from Izaak Walton Road
2. The sensitive areas plan should include information about woodland retention.
3. The proposed driveways in phase II should be paved.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Development Plan
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
CITY OF IOWA CITY ~
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SITE LOCATION: Izaak Walton Road SW REZ07 -00004
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CIVIL ENGINEERS
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LAND SURVEYORS
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ENVIRONMENTAL SPECIAUSTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.net
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CEDAR RAPIDS, IOWA 52404
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7820001 ~,
Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239
(REZ07-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City"), and County Materials Corporation-West Lucas LLP (hereinafter
"Owner"); and
WHEREAS, Owner is the legal title holder of approximately 36.65 acres of property located east
of Oak Crest Hill Road and north of Izaak Walton Road; and
WHEREAS, the Owner has requested the rezoning of a portion of the property (14.5 acres) from
Heavy Industrial (1-2) to General Industrial (1-1), and a rezoning of the entire property, 36.65
acres, from General Industrial (1-1) to Planned Development Overlay/Generallndustrial
(OPD/I-1); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions for the protection and mitigation of wetlands, the zoning is in conformance with the
Comprehensive Plan; and
WHEREAS, Iowa Code ~414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
requirements for protecting and mitigating the wetlands on site; and'
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of the following Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. County Materials Corporation-West Lucas LLP is the legal title holder of the property
legally described as follows:
A PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF
SECTION 28 AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 27, ALL IN TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2006146
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89'40'19"W, ALONG THE SOUTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS
ppdadmlagVcza-rez07-D0004 iz walton road.doc
1
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CRANDIC RAILROAD
(FORMERLY C.R.I. & P. RAILWAY); THENCE N12001'22''W, ALONG SAID EASTERLY RIGHT
OF WAY LINE, 1536.13 FEET; THENCE S89035'12"E, 690.87 FEET TO A POINT ON THE
EAST LINE OF SAID SOUTHEAST ONE-QUARTER OF SECTION 28; THENCE SOoo24'48'W,
ALONG SAID EAST LINE, 504.46 FEET TO THE SOUTHWEST CORNER OF THE NORTH 10
ACRES OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINICIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89052'25'E, ALONG THE SOUTH LINE OF SAID
NORTH 10 ACRE TRACT, 815.00 FEET; THENCE S03056'18'E, 999.22 FEET TO A POINT
ON THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 27;
THENCE N90000'OO'W, ALONG SAID SOUTH LINE, 890.81 FEET TO THE POINT OF
BEGINNING, CONTAINING 37.595 ACRES AND IS SUBJECT OT EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan. Further, the
parties acknowledge that Iowa Code ~414.5 (2007) provides that the City of Iowa City
may impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy pUblic needs directly caused by the
requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following additional conditions:
a. That the phase I outdoor storage area be developed as a system of concrete paved
drives and sand storage beds in compliance with the finally approved site plan.
b. The Owner shall submit a landscape plan which must be approved by the City
Forester.
c. That no outdoor storage be allowed outside of those areas designated and
constructed for outdoor storage as per the finally approved site plan and the design of the
sand beds shall be approved by staff.
d. Prior to development, the phase II storage area must be delineated (area and
location) and a site plan must be submitted and approved by staff; the site plan must comply
with all code requirements and the phase II storage area must be paved with a dust-free
material such as concrete or asphalt or with alternative materials to be approved by the
Building Official.
e. Approval of the stormwater management and erosion control plans by City
Engineering Staff.
f. Wetland monitoring reports prepared by a wetland specialist shall be submitted to the
City on an annual basis for a period of ten years. In the event that the reports recommend
additional maintenance or other action to address the health and function of the wetland, the
ApplicanUOwner shall comply with recommendations contained in the report within a
reasonable time period.
ppdadmlagt/cza-rez07-Q0004 iz waltan road.doc
2
A 50-foot reduction in the required wetland buffer is approved for phase I of the site (that area
east of the wetlands) subject to:
g. The maximum paved area in the phase I outdoor storage shall be in compliance with
the finally approved site plan and pavement shall be designed to shed water into the sand beds,
and the design of the sand beds shall be approved by staff.
h. The bio-retention basins indicated in the mitigation plan shall be designed to comply
with the Iowa Stormwater Management Manual through the use of an engineered soil subgrade
as approved by staff.
i. An additional berm shall be built to an elevation that will force water to flow into the
wetland area.
j. The Owner shall substantially comply with all other aspects of the finally approved
mitigation and development plan.
k. The mitigation and development plan shall be approved by the Army Corps of
Engineers and the U.S. Fish and Wildlife Service.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~14.5 (2007), and that said
conditions satisfy public needs directly caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
ppdadmlagUcza-rez07..()()0()4 iz watton road,doc
3
Dated this _ day of
CITY OF IOWA CITY
,20_,
Ross Wilburn, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
APppvec:!,bY:
"
,
ity A~rney's
-...".,-
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D, 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K, Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmlagt/cza-rez07-00004 iz warton road.doc
4
Dated this L day of 1Yt~
COUNTY MATERIALS CORPQRATION
,2007 .
Merl
COUNTY MATERIALS RPORATION-WEST LUCAS LLP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
, A.D. 20QL, before me, the undersigned, a Notary
State of Iowa, personally appeared
, to me personally known, who being by me duly sworn,
ener: I k2<V (title) of
, and that said inst ment was signed on behalf of the
by authority of its managers and the said
~ -k!. ~-l.A)
Notary Public in and for the State of Iowa
My commission expires: 't-;l.:?,-oCf
ppdadm/agtlcza.rez07.000041z wallon road.doc
5
5?&
Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239
EZ07-00004)
CONOI IONAl ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City"), and\County Materials Corporation-West Lucas llP (hereinafter
"Owner"); and \ /
\
WHEREAS, Owner is the legal title hider of approximately 36.65 acr, s of property located east
of Oak Crest Hill Road and north of Iz ak Walton Road; and
WHEREAS, the Owner has requested he rezoning of a portion the property (14.5 acres) from
Heavy Industrial (1-2) to General Indu trial (1-1), and a rezo . g of the entire property, 36.65
acres, from General Industrial (1-1) to P nned Development verlay/Generallndustrial
(OPDII-1); and
WHEREAS, the Planning and Zoning Commission
conditions for the protection and mitigati n of wellan
Comprehensive Plan; and
s determined that, with appropriate
, the zoning is in conformance with the
WHEREAS, Iowa Code ~414.5 (2007) provid s that the City of Iowa City may impose
reasonable conditions on granting an ap Iica 's rezoning request, over and above existing
regulations, in order to satisfy public needs ir ctly caused by the requested change; and
WHEREAS, the Owner acknowledges tha ertain conditions and restrictions are reasonable to
ensure the development of the pro pert is consistent with the Comprehensive Plan and the
requirements for protecting and mitigati th wetlands on site; and'
WHEREAS, the Owner agrees to evelop his property in accordance with the temns and
conditions of the following Conditio al Zoning greement.
i
NOW, THEREFORE, in consi~ration of the utual promises contained herein, the parties
agree as follows: I
I
1. County Materials C,6rporation-West Luc LLP is the legal title holder of the property
legally described at follows:
A PORTION QF THE EAST ONE-HALF F THE SOUTHEAST ONE-QUARTER OF
SECTION 28iAND A PORTION OF TH SOUTHWEST ONE-QUARTER OF THE
SOUTHWE~ ONE-QUARTER OF SECTI N 27, ALL IN TOWNSHIP 79 NORTH,
RANGE 6 \NEST OF THE 5TH PRINCIPAL M IDIAN, CITY OF IOWA CITY, JOHNSON
COUNTY,10WA, MORE PARTICULARLY DES RIBED AS FOLLOWS:
AUDITOR'S PARCEL 2006146
/
BEGINNING AT THE SOUTHEAST CORNER OF SEC N 28, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CI OF IOWA CITY, JOHNSON
COUNTY, IOWA; THENCE N89'40'19"W, ALONG THE SOUTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS
ppdadmlagVCZB-f8Z07..00004lz walton road.doc
1
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CRANDIC RAILROAD
(FORMERL Y CR.!. & P. RAILWAY); THENCE N12"01'22"W.ALONG SAID EASTERLY RIGHT
OF WAY LINE, 1536.13 FEET; THENCE S89"35'1 ' ;690.87 FEET.TO A POINT ON THE
EAST LINE OF SAID SOUTHEAST ONE-QUAR OF SECTION 28; T NCE SOoo24'48"W,
ALONG SAID EAST LINE, 504.46 FEET TO T SOUTHWEST CORNER F THE NORTH 10
ACRES OF THE SOUTHWEST ONE-QUART R OF THE SOUTHWEST NE-QUARTER OF
SECTION 27, TOWNSHIP 79 NORTH, RANG 6 WEST OF THE 5TH PRIN CIPAL MERIDIAN,
JOHNSON COUNTY, IOWA; THENCE N89 52'25"E, ALONG THE SOU H LINE OF SAID
NORTH 10 ACRE TRACT, 815.00 FEET; T ENCE S03056'18"E, 999.2 FEET TO A POINT
ON THE SOUTH LINE OF THE SOUTH EST ONE-QUARTER OF AID SECTION 27;
THENCE N90"00'00"W, ALONG SAID SO TH LINE, 890.81 FEET 0 THE POINT OF
BEGINNING, CONTAINING 37.595 ACRE AND IS SUBJECT EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the Cit wishes to ensure c formance to the principles
of the Comprehensive Plan and the nsitive Areas De elopment Plan. Further, the
parties acknowledge that Iowa Code ~ 14.5 (2007) pro des that the City of Iowa City
may impose reasonable conditions on gr nting an appli nt's rezoning request, over and
above the existing regulations, in order 0 satisfy p lie needs directly caused by the
requested change.
3. In consideration of the City's rezoning the bject property, Owner agrees that
development of the subject property will c nfor to all other requirements of the zoning
chapter, as well as the following additional 0 itions:
c. That no outdoor storage allowed 0 tside of those areas designated and
constructed for outdoor storage a per the finally pproved site plan and the design of the
sand beds shall be approved by s ff.
a. That the phase I outdoor storage area developed as a system of concrete paved
drives and sand storage beds in compliance it the finally approved site plan.
b. The Owner shall submit a
Forester.
d. Prior to development, e phase II storag area must be delineated (area and
location) and a site plan mus e submitted and appr ed by staff; the site plan must comply
with all code requirements "and the phase II storage rea must be paved with a dust-free
material such as concretey' or asphalt or with alternat lie materials to be approved by the
Building Official. /
I
e. Approval of t~ stormwater management an erosion control plans by City
Engineering Staff. ,r
I
f. Wetland moni oring reports prepared by a wetland sp cialist shall be submitted to the
City on an annual asis for a period of ten years. In the eve t that the reports recommend
additional mainte nee or other action to address the health a d function of the wetland, the
Applicant/Owner shall comply with recommendations contai ed in the report within a
reasonable time eriod. '.
ppdadmlagtlcza-rez07.()()()()4 iz walton road.doc
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A 50-foot reduction in the required wetland buffer is approved for phase I of the site (that area
east of the wetlands) subject to:
g. The maximum paved area in t phase I outdoor s orage shall be in compliance with
the finally approved site plan and pave ent shall be designe to shed water into the sand beds,
and the design of the sand beds sha be approved by staff.
h. The bio-retention basins Indicated in the mitigatio plan shall be designed to comply
with the Iowa Stormwater Manage ent Manual through th use of an engineered soil subgrade
as approved by staff.
i. An additional berm shall e built to an elevati n that will force water to flow into the
wetland area.
j. The Owner shall substan 'ally comply wit all other aspects of the finally approved
mitigation and development plan.
k. The mitigation and devel pment pia shall be approved by the Army Corps of
Engineers and the U.S. Fish and Wildl e Servic .
4. The Owner and City acknowle e th the conditions contained herein are reasonable
conditions to impose on the I nd nder Iowa Code ~414.5 (2007), and that said
conditions satisfy public needs di e y caused by the requested zoning change.
5. The Owner and City aCknowledg that in the event the subject property is transferred,
sold, redeveloped, or subdivide, II redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge tha this C nditional Zoning Agreement shall be deemed to be
a covenant running with th land an with title to the land, and shall remain in full force
and effect as a covenant ith title to he land, unless or until released of record by the
City of Iowa City.
The parties further ackl)llwledge that th agreement shall inure to the benefit of and bind
all successors, represrntatives, and ass ns of the parties.
I
7. The Owner acknowlpdge(s) that nothing 'n this Conditional Zoning Agreement shall be
construed to reliev~ the Owner or Appli nt from complying with all other applicable
local, state, and fe~eral regulations.
!
8. The parties agree that this Conditional Zo ing Agreement shall be incorporated by
reference into ttie ordinance rezoning the su 'ect property, and that upon adoption and
publication of tile ordinance, this agreement all be recorded in the Johnson County
Recorder's OffYce at the Owner's expense.
I
,
!
I
I
lo
ppdadmlagtlczB-rez07-00004 iz walton road.doc
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Dated this _ day of
CITY OF IOWA CITY
,20_.
Ross Wilburn, Mayor
Attest:
Marian K. Karr, City Clerk
Approy~c1 by:
( ,
'-
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
By:
ENT:
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for th St te of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, ho eing by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, said municipal corporation executing the within and
foregoing instrument; that the seal affi ed ther to is the seal of said municipal corporation; that
said instrument was signed and seal d on beh f of said municipal corporation by authority of its
City Council; and that the said M or and Cit Clerk as such officers acknowledged that the
execution of said instrument to b the voluntary ct and deed of said corporation, by it and by
them voluntarily executed.
/
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/
/
/
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ppdadmlagtlcza-rez07..()()004 iz walton road,dOc
Notary P blic in and for the State of Iowa
\
4
COUNTY MATERIALS CORPORATION.WESytUCAS LLfI. ACKNOWLEDGEMENT:
STATE OF IOWA) I '\
) ss:
JOHNSON COUNTY )
did say that the person is
, .D. 20_, before e, the undersigned, a Notary
State of low , personally appeared
, 0 me personally know , who being by me duly swom,
(title) of
,\ and that said instru ent was signed on behalf of the
said limited liability company by \ authority of it managers and the said
acknowledged ~he execution of s id instrument to be the voluntary
act and deed of said limited liability compan\ by it voluntarily e ecuted.
\ /
~otary purc in and for the State of Iowa
~ Co~ssion expires:
V'
I
/1
/
/1
/
/
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/
/
On this _ day of
Public in and
for
the
/
,
I
,
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,
/
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/
/
,I
,
(
ppdadmlagtlcza-raz07-OO004 iz walton road.doc
5
M'\'D\
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4261
AN ORDINANCE REZONING APPROXIMATELY 0.77 ACRES OF PROPERTY
LOCATED AT 828 E WASHINGTON STREET FROM NEIGHBORHOOD
STABILIZATION RESIDENTIAUCONSERVATION DISTRICT OVERLAY (RNS-
20/0CD) ZONE TO PLANNED DEVELOPMENT OVERLAY/NEIGHBORHOOD
STABILIZATION RESIDENTIAUCONSERVATION DISTRICT OVERLAY (OPD/RNS-
20/0CD) lONE (REl07- 00003)
WHEREAS, the applicant, Alpha Chi Omega House Corporation, has requested a rezoning to
rebuild the structure demolished by a tornado on property located at 828 E Washington Street;
and
WHEREAS, the property is currently zoned Neighborhood Stabilization Residential/Overlay
Conservation District; and
WHEREAS, the Sensitive Areas Ordinance requires a rezoning and approval of a Sensitive
Areas Development Plan as the proposed development impacts critical and altered protected
slopes; and
WHEREAS, an Engineer has provided signed documentation attesting to the stability and
safety of post construction slopes; and
WHEREAS, the Comprehensive Plan includes goals to preserve the integrity of existing
neighborhoods, the historic nature of older neighborhoods, and balance housing types within older
parts of the City; and
WHEREAS, the proposed development meets and abides by all applicable regulations of Title
14 of the Iowa City City Code; and
WHEREAS, after public hearing and due consideration, the Iowa City Plan and Zoning
Commission has recommended approval of the proposed rezoning.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current
zoning classification of Neighborhood Stabilization Residential/Conservation District Overlay(RNS-
20/0CD) to Planned Development Overlay/ Neighborhood Stabilization Residential/Conservation
District Overlay(OPD/RNS-20/0CD):
The East 65 feet of the North 62 Y. feet of Lot Six (6), and the East 59.51 feet of the South 87 Y.
feet of Lot Six (6), in Block Three (3), in Iowa City, Iowa, according to the recorded plat thereof,
and including Lots Seven (7) and Eight (8) in Block Three (3), in Iowa City, Iowa, according to the
Recorded plat thereof.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and
directed to certify a copy of this ordinance, and record the same in the Office of the County
Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Ordinance No. 07-4?hl
Page 2
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
d and approved this ---1.Ul1day of Mav , 20....o.L-.
MAYOR
ATTEST: }~~/A~"r ~-J
CI CLERK
ppcladm'Ordlrez07-QOOO3 AXO E Wash.doc
Ordinance No. 07-4261
Page ~
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
O'Donnell
that the Ordinance
AYES: NAYS: ABSENT:
ABSTAIN:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
First Consideration 5/1/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, WHburn, Bailey,
NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef
Second Consideration ------------------
Vote for passage:
Date published May 23, 2007
Moyed by Bailey, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and .the ordinance
be voted upon for final passage at this time. AYES: O'Donnell, Wilburn, Bailey, Champion,
Correia, Elliott. NAYS: None. ABSENT: None. ABSTAIN: Vanderhoef.
~
Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3,
ENTITLED "USE FOR SIDEWALK CAFES," TO PROVIDE AN EXCEPTION TO THE EIGHT (8) FOOT
UNOBSTRUCTED WALKWAY REQUIREMENT IN THE CB2 AND CBS ZONES.
WHEREAS, sidewalk cafes are a use of public sidewalks in the CB2, CB5, and CB10 zones that
require a temporary easement; and
WHEREAS, except in City Plaza, the City Code presently requires eight (8) feet of unobstructed
space adjacent to the front of sidewalk cafes to ensure a sufficient way for pedestrian travel;
WHEREAS, the adjacency requirement creates complications for businesses outside of the CB10
zone because the sidewalks are generally less than eight (8) feet in width;
WHEREAS, to accommodate sidewalk cafes where existing sidewalks are less than eight (8) feet wide,
the adjacency requirement should be reduced outside of the CB10 zone to the width of the existing
sidewalk; and
WHEREAS, it is in the City's interest adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 10, entitled "Use of Public Ways and Properly," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended by deleting Paragraph 1 in its entirety and by substituting in its place the
following new Paragraph 1:
1. a. Except in city plaza and in the CB2 and CB5 zones, a sidewalk cafe area may not extend onto
the sidewalk in a manner that will not allow a minimum of eight (8) feet of unobstructed sidewalk
for pedestrian use on the three sides of the cafe that don't abut the building. However, adjacent
sidewalk cafes may abut each other.
b. City Plaza. In city plaza, there must be a minimum of eight (8) feet of unobstructed sidewalk
between the three sides of the sidewalk cafe that don't abut the building and any public elevated
planter. If a sidewalk cafe extends into Zone 2 there must be a straight unobstructed pedestrian
walkway, which is at least 5 feet wide, through the cafe in Zone 1. Said walkway shall be
included within the sidewalk cafe area and as such, shall be under the control of the
establishment and subject to the annual fee. The walkway must be delineated in such a manner
that the entire cafe remains contiguous to the building. In the event that an adjacent
establishment seeks to locale an abutting sidewalk cafe entirely in Zone 1 such that said walkway
would end at the abutting cafe, within 30 days of written notice from the City said walkway must
be relocated to Zone 2.
c. CB2 and CB5 Zones. In the CB2 and CB5 zones, the minimum of eight (8) feet of
unobstructed sidewalk is not required if the existing sidewalk is less than eight (8) feet in width. If
the sidewalk is less than eight (8) feet in width, a sidewalk cafe may not extend into or
encompass in any manner the existing sidewalk and may not impede pedestrian traffic.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this _ day of
,2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ c;-ff~C))
City Attorney's Office
suelordlS.W Cate CB1 0
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 5/14/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
--/7;-
ORDINANCE NO.
5
Prepared by Roger Jensen, Deputy Fire Chief and Tim Hennes, Sr. Building Inspector;
410 E. Washington St., Iowa City, IA 52240; (319) 356-5122
ORDINANCE AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND
PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH
FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING GROUP A-2
OCCUPANCIES.
WHEREAS, City Code Section 7-1-1 adopts the International Fire Code and City Code Section 17-1-
1 adopts the International Building Code; and
WHEREAS, City Code Section 7-1-2 amends sections of the International Fire Code and City Code
Section 17-1-3 amends sections of the International Building Code; and
WHEREAS, the City wishes to provide minimum thresholds for automatic fire sprinkler systems, fire
alarm systems, and exit width openings in Group A-2 occupancies; and
WHEREAS, it is in the best interest of the City to adopt the amendments.
NOW, THEREFORE, BE IT ORDAINGED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 7, entitled "FIRE PREVENTION AND PROTECTION", Chapter 1, entitled "Fire Code," is
hereby amended as follows:
Section 102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. Existing A-2 Occupancies with an occupant load of 300 or more with an Alcoholic Beverage
Division License (ABDL) shall comply with Sections 903.2.1.2, 907.3.1, and 907.3.1.9 by July 1,
2010.
Exemption: Single business occupancies in single story nonabutting buildings.
B. Existing A-2 Occupancies with an occupant load of 50 -299 located on a floor other than the
level of exit discharge and with an ABDL shall comply with Sections 903.2.1.2 and 907.3.1 by
July 1, 2010.
C. Existing B Occupancies where the fire area is located on a floor other than the level of exit
discharge and with an ABDL shall comply with Sections 903.2.1.2 and 907.3.1 by July 1, 2010.
D. Existing A-2 Occupancies with an occupant load of 50 - 299 with an ABDL shall comply with
Sections 903.2.1.2, 907.3.1, and 907.3.1.9, provided:
1. Cumulative pernnitted improvements are made that exceed $25,000; or
2. There is a change in business ownership, defined as the sale, transfer, or assignment of
any legal or equitable ownership interest, except that the owner may show to the building
official's satisfaction that said change in ownership is one of form and not substance.
Exemption: Single business occupancies in single story nonabutting buildings.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following:
903.2.1.2 A.New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of
the following conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existino Group A-2 Occupancies and Group B Occupancies. An automatic sprinkler system
shall be provided if one of the following conditions exist:
1) The A-2 flre area has an occupant load of 300 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 fire area has an occupant load of 50 -299 and is located on a floor other than
the level of exit discharge and has an ABDL; or
3) Group B Occupancies where the fire area is located on a floor other than the level of
exit discharge and which have an ABDL; or
4) The Group A-2 fire area has an occupant load of 100 to 299 and has an ABDL,
provided:
a. Cumulative permitted improvements are made that exceed $25,000; or
b. There is a change in business ownership, defined as the sale, transfer, or
assignment of any legal or equitable ownership interest, except that the
owner may show to the building official's satisfaction that said change in
ownership is one of fornn and not substance.
Exemption: Single business occupancies in single story non abutting buildings.
2
Section 903.2.1.6 Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as Group B occupancies located on a floor other than the level of exit discharge with an
ABDL. The automatic sprinkler system shall be provided throughout the floor area where the Group B
occupancy is located, and in all floors between the Group B occupancy and the level of exit discharge.
Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm
boxes are not required where the building is equipped throughout with an automatic sprinkler system
and the alarm notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual fire alarm system and an emergency voice/alarm
communication system shall be installed in Group A-2 occupancies with occupant loads of 200 or
more in accordance with Section 907.2.12.2 of the 2006 International Fire Code. Activation of the fire
alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the
room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 907.3 Delete the first sentence of section 907.3 and insert in lieu thereof the following:
An approved manual, automatic or manual and automatic fire alarm system shall be installed in
existing buildings and structures in accordance with sections 907.3.1 through 907.3.9.
Section 907.3.1 Delete section 907.3.1 and insert in lieu thereof the following:
907.3.1 Occupancy requirements. A fire alarm system shall be installed in accordance with Sections
907.3.1.1 through 907.3.1.9.
Section 907.3.1.9 Add a new section 907.3.1.9 to read as follows:
907.3.1.9 Group A-2. An automatic/manual fire alarm system and an emergency voice/alarm
communication system shall be installed in existing Group A-2 occupancies with occupant loads of 300 or
more in accordance with Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire
alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room
at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 1024.2 Delete the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where
multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the
building provided that the total width of egress is not less than 100 percent of the required width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
2. Titles 17, entitled "BUILDING AND HOUSING," Chapter 1 entitled "Building Code," is
hereby amended as follows:
Section 903.2.1.2 Delete section 903.2.1.2 and insert in lieu thereof the following:
903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of
the following conditions exist:
1) The fire area exceeds 5,000 square feet; or
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existinq Group A-2 Occupancies and Group B Occupancies. An automatic sprinkler
system shall be provided if one of the following conditions exist:
1) The A-2 fire area has an occupant load of 300 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 fire area has an occupant load of 50 -299 and is located on a floor other
than the level of exit discharge and has an ABDL; or
3) Group B Occupancies where the fire area is located on a floor other than the
level of exit discharge and which have an ABDL; or
4) The Group A-2 fire area has an occupant load of 100 to 299 and has an ABDL,
provided:
a. Cumulative permitted improvements are made that exceed $25,000; or
3
b. There is a change in business ownership, defined as the sale, transfer,
or assignment of any legal or equitable ownership interest, except that
the owner may show to the building official's satisfaction that said
change in ownership is one of form and not substance.
Exemption: Single business occupancies in single story nonabutting
buildings.
Section 903.2.1.6 Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as Group B occupancies located on a floor other than the level of exit discharge and that
with an ABDL. The automatic sprinkler system shall be provided throughout the floor area where the
Group B occupancy is located, and in all floors between the Group B occupancy and the level of exit
discharge.
Section 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual flre alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system and the
alarm notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual flre alarm system and an emergency voice/alarm
communication system shall be installed in Group A-2 occupancies with occupant loads of 200 or more in
accordance with Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire alarm shall
additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room
at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 1024.2 Delete the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the
fOllowing exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupancies where there is no well-deflned main exit or where
multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the
building provided that the total width of egress is not less than 100 percent of the required width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2007.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
APproved by
'\~~ 1)_)-01-
City Attorney's Office
HisbldglordlHfe safety a.2 occ.doc
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CITY OF IOWA CITY~
MEMORANDUM
Date:
May 8, 2007
City Council
To:
From:
Doug Boothroy,
Changes to the A2 Occ ancies with AB L Ordinance
Re:
The Council at its May 1, 2007 meeting suggested several changes to the proposed A2
occupancies with ABDL ordinance that requires life-safety upgrades in eating and drinking
establishments. Included in Council's packet is a more detailed description of the proposed
changes, as well as a revised ordinance that incorporates the changes.
In summary, the changes to the proposed ordinance are as follows:
1. New A2 occupancies with ABDL must comply with the life-safety upgrades. No
change in this requirement.
2. Existina A2 occupancies with ABDL with an occupant load of 300 or more. Change
the compliance time period from five years to three and exempt sinole businesses in
sinole-storv. stand-alone buildinas.
3. Existina A2 occupancies with ABDL and an occupant load of 100-299. Sino Ie
businesses in sinole-storv. stand-alone buildinos are exempt. Compliance with life-
safety upgrades would be required at such time as cumulative permitted interior
improvements exceed $25,000 or there is a change in business ownership.
'\
4. New and Existina A2 and B occupancies with an ABDL located above or below the
around floor. Compliance required within three years. No exemption for this category.
Council also directed that grants no longer be offered as a financial incentive to businesses for
life-safety upgrades. Council did indicate support for a loan program. Included in your packet for
discussion is a summary of several life-safety upgrade loan program options. In general, the
loan program could provide loans up to 100% of the life-safety improvement costs, low interest
rates based on the City's cost to borrow money, an option to subsidized interest by a point, up
to 10 or 20 year terms, and an enrollment period of five years from the effective date of the
adoption of the life-safety ordinance.
Hopefully, these changes will meet with your approval. We appreciate your consideration in this
matter.
.,.c.
hisadmfmem/A2.ABDL.doc
International Fire and Building Code
Proposed Life-Safety Amendments for
Existine: A-2 Occupancies with
State ofIowa Alcoholic Beverage Division License (ABDL)
The following requirements for existinl!: A-2 Occupancies with an ABDL are based
on the Council's May 1, 2007 meeting.
Requirements
1. A-2 Occupancies with an ABDL and an occupant load of 300 or more.
These occupancies shall be retrofitted with an automatic sprinkler system and
automatic/manual fire alarm systems with emergency voice/alarm
communications systems. In addition, upon activation ofthe alarm system,
illumination of the premises to 10 foot candles at a height 30 inches above the
floor would occur, and all conflicting or confusing sounds and visual distractions
automatically stopped.
The life-safety upgrades are required within 3 vears.
Exemption: Single business occupancies in single stOry nonabutting buildings.
Comment:
This life-safety criteria applies to 18 existing occupancies (seven occupancies
require a sprinkler and voice alarm system, seven require an alarm system only,
and four would qualify for the exemption).
Sprinklers and Voice Alarms Required:
1. Joe's Place 5. Quality Inn & Suites
2. Old Capitol Brew Works 6. The Que
3. One-Eyed Jakes 7. The Union
4. The Picador
Voice Alarm Required:
1. First Avenue Club
2. Brothers Bar & Grill
3. The Speak Easy
4. Sports Column
5. The Summit
6. Third Base Fieldhouse
7. Vito's
Exempt
1. Eagles
2. LaCasa
3. TheMill
4. Moose Lodge
2. A-2 Occupancies with an ABDL located above or below the ground floor
with an occupant load of 50 - 299.
These occupancies shall be retrofitted with an automatic sprinkler system within 1
vears.
Comment:
This life-safety criteria applies to nine existing occupancies located above or
below the ground floor. These occupancies require a sprinkler system and do not
require a voice alarm system.
Sprinklers Required
1. The Airliner
2. Atlas World Grill
3. Givanni's
4. Iowa City Yacht Club
5. One Twenty Six
6. Quinton's
7. Restaurant Verde
8. Dublin Underground
9. Panchero's
3. B Occupancies with an ABDL located above or below the ground floor.
These occupancies shall be retrofitted with an automatic sprinkler system within 1
vears.
Comment:
This life-safety criteria applies to one existing occupancy located above the
ground floor. This occupancy requires a sprinkler system and does not require the
voice alarm system.
Sprinklers Required
1. The Sky Box
4. A-2 Occupancies with an ABDL and an occupant load of 100 - 299.
These occupancies shall be retrofitted with an automatic sprinkler system if one of
the following occurs:
. Cumulative permitted improvements are made to the interior of the
business that exceed $25,000; or
. There is a change in business ownership, defined as the sale, transfer, or
assignment of any legal or equitable ownership interest after July 1,2007.
Exemption: Single business occupancies in single stOry nonabutting buildings.
Comment:
This life-safety criteria applies to 26 existing occupancies. Fourteen existing
occupancies would be required to provide the life-safety upgrade only ifthere are
cumulative permitted improvements that exceed $25,000 or there is a change in
2
the business ownership. Twelve existing occupancies would be exempt from
having to provide the life-safety upgrades.
Sprinklers required if $25.000 in improvements or change of ownership:
1. 808 RestaurantlNightc1ub 8. Pagliai' s Pizza
2. Bob's Your Uncle (W) 9. Rick's Grill & Spirits
3. The Deadwood 10. Sanctuary Restaurant
4. ETC 11. Studio 13
5. Farras 12. The Vine
6. India Cafe 13. VFW Post
7. Micky's 14. Aoeshe
Exempt from life-safety upgrades:
1. American Legion
2. Carlos O'Kelly's
3. El Ranchero Mexican
Restaurant
4. Elks Club
5. Fitzpatrick's
6. Godfather's Pizza
7. Grizzly's Pub & Grill
8. The Ground Round
9. KandyLand
10. Los Portales
11. Pizza Hut
12. Wig & Pen
5/3/20072:12 PM
Hisadmin/A-2 amendments.doc
3
International Fire and Building Code
Proposed Life-Safety Amendments for
New A-2 Occupancies (Eating/Drinking Establishments)
Recommendations: New A-2 Occupancies
1. 2006 Code Requirement:
An automatic sprinkler system shall be provided for occupant loads of 100 or more in lieu
of 300 or more as required in the 2003 code.
2. Proposed amendments to the 2006 Codes that would affect A-2 Occupancies for new
construction:
a. Require automatic/manual fire alarm systems with emergency voice/alarm
communications systems when an occupant load is 200 or more. In addition, upon
activation of the alarm system, illumination of the premises to 10 foot candles at a
height 30 inches above the floor and all conflicting or confusing sounds and visual
distractions automatically stopped.
Change Summary:
The requirement for a manual fire alarm system is exempt in the 2006 Code when the
building is equipped with an automatic sprinkler system. The amendment would
require it for A-2 occupancies regardless of the exemption. Also, the requirement for
the system to be automatic, premises to be illuminated and the requirement for
sounds and visual distractions to cease are new requirements.
b. Require the main entrance/exit to accommodate 2/3 (66%) of the total occupant load.
Change Summary:
The amendment would require the main exit width be calculated using 2/3 (66%) of the
occupant load in lieu of Y. (50%), effectively requiring exits to be wider than what the
2003 code requires.
c. Require sprinkler system in all B Occupancies located above or below the ground floor
if the B Occupancy has an Alcoholic Beverage Division License.
Change Summary:
The amendment would require Eating and Drinking Establishments with an occupant
load less than 50, and therefore classified as a B Occupancy, to have a fire sprinkler
system if the establishment is located above or below the ground floor.
Hisadm/06Iife-safetyamdsnew.doc
LIFE-SAFETY IMPROVEMENT LOAN PROGRAM OPTIONS
Existing A-2 Occupancies
with an Alcohol Beverage Division License (ABDL)
1. General Conditions
a. Eligible Businesses
Existing A-2 occupancies with an ABDL. Also, existing B occupancies with an ABDL
located above or below the ground floor. Approximately 24 businesses required to
upgrade within three years. Also, 14 additional businesses if they remodel ($25,000
permitted improvements) or change ownership.
b. Enrollment Period
. 60 months (five years) from the effective date of the ordinance
. Work and construction contracts to be approved by the City prior to the start of work
. Work started or signed contract within 60 months
c. Eligible Improvements
The cost of materials and labor to install: sprinkler systems, fire service line upgrades,
and alarms
d. Loan Security
. Lien required against a property prior to loan
. Cost of lien (e.g. origination fees, etc.) to be paid by the property owner
e. Total Eligible Financing
Up to 100% of the construction
f. Change of Ownership
Change of ownership would require loan to be due and paid in full
g. Distribution of Funds
"Pay As You Go" with City approval of Contractor's statement (AlA form)
2. Life-Safety Loan Program Options
The general conditions would apply to any of the following loan program options. The
Council will need to decide on whether or not to support any of the following options, or
develop different options. At the time of final consideration of the life-safety ordinance, the
resolution defining the parameters for the loan program would be provided to the Council for
consideration. The following three loan program options are provided for discussion:
Option 1: (20-year loan). The interest rate is based on the City's cost to borrow
money through the issue of taxable bonds based on a 20 year period. The interest rate
the City can offer will change due to current market conditions at the time of the bond
sale and therefore would affect the interest rate of the loan at the time of the loan. Under
this option the interest rate is not subsidized. The current interest rate the City can offer
is 5.25%.
Option 2: (10-year loan amortized over 20 years). The 10-year loan could be
amortized over 20 years. The 20-year amortization period reduces the monthly payment
amount and make the loan more affordable during the 1 O-year term. This loan would be
due at the end of 10 years with a balloon payment for the remaining portion of the loan.
The interest rate is based on the City's cost to borrow money through the issuance of
non-taxable bonds. This interest rate can change due to the current market rates at the
time of the bond sale and therefore would affect the interest rate of the loan at the time
of the loan. The interest rate for this option is not subsidized. The current interest rate
the City can offer is 3.75%.
Option 3: (10-year subsidized interest rate loan). Under this option, the interest rate
is subsidized by reducing it by one percentage point. Using Option 2 as an example, the
City could offer a subsidized interest rate of 2.75% instead of 3.75%. This one
percentage point subsidy would cost the City, based on $1 million in loans,
approximately $10,000 per year or $100,000 over ten years. The interest rate under this
option would be subsidized by the City.
May 9, 2007
Hisadmin/lifesafety-loan opts.doc
2
IJ
Prepared by Roger Jensen, Deputy Fire Chief and Tim Hennes, Sr. Building Inspector;
410 E. Washington St., Iowa City, IA 52240; (319) 356.5122
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE 7, ENTITLED FIRE PREVENTION AND
PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH
FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND EXISTING GROUl~ A-2
OCCUPANCIES.
WHER S, City code section 7-1-1 adopts the International Fire C de and City code section
17-1-1 adopts e International Building Code; and
WHEREAS, ity code section 7-1-2 amends sections of the Inter ational Fire Code and City
code section 17-1- amends sections of the International Building Co e; and
WHEREAS, the ity wishes to provide minimum thresholds for automatic fire sprinkler
systems, fire alarm sy ms, and exit width openings in Group A-2 ccupancies; and
WHEREAS, it is in th best interest of the City to adopt the am dments.
NOW, THEREFOR BE IT ORDAINED BY THE CITY C NCIL OF THE CITY OF IOWA
CITY,IOWA:
SECTION I. AMENDMENTS.
1. Title 7, entitled "FIRE PR VENTION AND PROTECTION", Chapter 1, entitled "Fire Code," is
hereby amended as follows:
Section 102.1 Modify by adding a h applicability requireme to the end as follows;
5. A. Existing A-2 Occupancies wi an occupant load of 00 or more shall comply with sections
903.2.1.2, 907.3.1, and 907.3.1.9 by July ,2012.
S. Existing A-2 Occupancies with a occupant ioad f 100 to 299 shall comply with sections
903.2.1.2 and 907.3.1 by July 1,2017.
Exception: Existing A-2 occupancies sha comply if e of the following occurs prior to the dates
specified above:
1. Cumulative permitted improvements are ade t at exceed $25,000; or
2. There is a change in business ownership, fi ed as the sale, transfer, or assignment of any
percentage of legal or equitable ownership interest after Iy 1, 2007.
Section 903.2.1.2 Delete section 903.2.1.2 and ins lieu thereof the following:
903.2.1.2 Group A-2. If one of the following condi ons xist, Existing Group A-2 occupancies with
ABDL and all new A-2 occupancies shall provide an au omatic rinkler system:
1) The fire area exceeds 5,000 square feet;
2) The fire area or the Group A-2 Occupan has an occ 'ant load of 100 or more; or
3) The fire area is located on a floor other an the level of it discharge.
Section 907.2.1 Delete the "exception" in Se ion 907.2.1 in its e tirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancie with occupant loads of 2 or more, manual fire alarm
boxes are not required where the build in is equipped throughout with a automatic sprinkler system
and the alarm notification appliances wil activate upon sprinkler water flo .
2) Group A-2. An automatic/m nual fire alarm system and an emergency voice/alarm
communication system shall be inst ed in Group A-2 occupancies with 0 upant loads of 200 or
more in accordance with Section 90 .2.12.2 of the 2006 International Fire Co . Activation of the fire
alarm shall additionally cause:
a. Illumination of the protect d premises to not less than 10 foot-candles 0 er the area of the
room at a height of 30 inches abo e the floor; and
b. All conflicting or confusi sounds and visual distraction to automatically stop.
Section 907.3 Delete the first s ntence of section 907.3 and insert in lieu thereof the f owing:
An approved manual, autom tic or manual and automatic fire alarm system shall b~ installed in
existing buildings and structures i accordance with sections 907.3.1 through 907.3.9. \.
Section 907.3.1 Delete sec n 907.3.1 and insert in lieu thereof the following:
907.3.1 Occupancy requir ents. A fire alarm system shall be installed in accordance with Sections
907.3.1.1 through 907.3.1.9.
Section 907.3.1.9 Add ew section 907.3.1.9 to read as follows:
907.3.1.9 Group A-2. I\n automatic/manual fire alarm system and an emergency voice/alarm
communication system sh II be installed in existing Group A-2 occupancies with occupant loads of 300 or
more in accordance with Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire
alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room
at a height of 30 inches above the floor; and
b. All conflicting ~onfUSing sounds and visual distraction to automatically stop.
Section 1024.2 De te the "exception" in Section 1024.2 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION: \
1) Except for Group A-~ in assembly occupancies where there Is no well-defined main exit or where
multiple main exits are provi,j~d, exits shall be permitted to be distributed aro d the perimeter of the
building provided that the total . th of egress is not less than 100 percent of the equired width.
2) The main entrance/exit 0 -2 occupancies shall be of a width that ac mmodates not less than
two-thirds of the total occupant loa .
2. Titles 17, entitled "BUILD G AND HOUSING," Chapter 1 en led "Building Code," is
hereby amended as follows:
Section 903.2.1.2 Delete section 9 ,2,1.2 and insert in lieu thereof th following:
903.2.1.2 Group A-2. If one of the lIowin9 conditions exist, Existin Group A-2 occupancies with
ABDL and all new A-2 occupancies shall p vide an automatic sprinkler s stem:
1) The fire area exceeds 5,000 square et;
2) The fire area or the Group A-2 Occup cy has an occupant loa of 100 or more; or
3) The fire area is located on a floor other an the level of exit d' charge.
Section 907.2.1 Delete the "exception" in ction 907.2.1 in its ntirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occ ant loads f 200 or more, manual fire alarm boxes
are not required where the building is equipped thro ghout w' h an automatic sprinkler system and the
alarm notification appliances will activate upon sprinkle water low.
2) Group A-2. An automatic/manual fire ala ystem and an emergency voice/alarm
communication system shall be installed in Group A-2 oc ancies with occupant loads of 200 or more in
accordance with Section 907.2.12.2. of the 2006 Internati al Fire Code. Activation of the fire alarm shall
additionally cause:
a, Illumination of the protected premises to not I s th 10 foot-candles over the area of the room
at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visu
Section 1024.2 Delete the "exception" in Sec'
fOllowing exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occ pancies where ther is no well-defined main exit or where
multiple main exits are provided, exits shall e permitted to be dis ibuted around the perimeter of the
building provided that the total width of egre is not less than 100 pe ent of the required width.
2) The main entrance/exit of A-2 occ ancies shall be of a widtH that accommodates not less than
two-thirds of the total occupant load.
SECTION II. REPEALER. All ordina ces and parts of ordinances in nflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR IOLATIONS. The violation of any p vision of this Ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY f any section, provision or part of the Ordin nce shall be adjudged to be
invalid or unconstitutional, such judication shall not affect the validity of the dinance as a whole or any
section, provision or part there not adjudged invalid or unconstitutional.
SECTION V. EFFECTIV DATE. This Ordinance shall be in effect July 1, 200
Passed and approved this day of , 2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
b~ '-'~ '-t -/ ~ ,C) i-
Cily Attorney's Office
sue/ordreslA-20ccOrd.doc