HomeMy WebLinkAbout2007-06-05 Ordinance
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Prepared by: Drew E. Westberg, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4262
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'O''E, 6.31 feet; Thence S67056'OO"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 S22004'OO"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 N6So05'15"W; Thence N67056'OO"W, along said Northerly Right-of-
Way line, 161.30 feet, to said POINT OF BEGINNING, containing 0.02 acre, (1,059 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Ordinance are hereby repealed.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.
@aL!ro~h~daYm
ATTEST: ~ f(. ~
C Y C RK
l
June
, 2Clll.-.
Ap
Ordinance No. 07-4262
Page -L
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Champion
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
x
X
X
X
X
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
6/13/2007
Moved by Vanderhoef, seconded by Champion, that the rule requ1r1ng 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: Bailey, Champion, Correia,
Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Hollywood Blvd property vacation
~
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Marian Karr
From: Sarah Holecek
Sent: Monday, May 14, 2007 9:13 AM
To: Marian Karr
Cc: Karin Franklin
Subject: FW: Hollywood Blvd property vacation
Per your request, Nordstrom Oil Company's request for expedited consideration of the
vacation ordinance. Thanks.
Sarah
From: David V. Nordstrom [mailto:nordy@iowadriveins.com]
Sent: Monday, May 07,20072:48 PM
To: Sarah Holecek
Subject: Hollywood Blvd property vacation
Sarah, if possible we would like the vacation to be processed with "expedited consideration".
Thank-you.
Dave Nordstrom
dnordstrom@iowadriveins.com
319-365-8664
Fax 319-297-6098
5/1412007
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Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO. 07-4263
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 OVERLA Y/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 General Industrial (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 (OPD/I-1); 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. 07-4261
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 STH 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
N89040'19"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.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 N89052'2S"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.
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. 07-4263
Page 3
Passed and approved this --5.1h day of
~J~
MAY R -
ATTEST: ~ 7f/. ~.-uJ
CITY CLERK
Ppdadmin/ordIrez07 -00004 iw road.doc
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Ordinance No. 07-4263
Page ~
It was moved by Bailey and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
X
X
1<
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
Champion
that the Ordinance
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
6/13/2007
Moved by Bailey, seconded by O'Donnell, 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
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion, Correia. NAYS: None. ABSENT: None.
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 N89040'19"W, ALONG THE SOUTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 360.06 FEET TO ITS
ppdadm/agVcza-rez07-00004 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 N90000'00''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 9414.5 (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.
ppdadmlagVcza-rez07 -QOOO4 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 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 ~414.5 (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.
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Dated this .s
--../
day of "-J LA tJ ~
, 20 Dc .
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Ross Wilburn, Mayor By:
Attest:
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Marian- K. Karr, City Clerk
By:
Appr9Y~c;j by:
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this S day of ~JJt=: , 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.
~ SONORAE FORT
o ~ Commission Number 159791
. . My Commission ires
ow .$702
's'a-.-d 11 rJI ~-V
Notary Public in and for the State of Iowa
My commission expires: 3/7/.2.007
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Dated this K day of lh,~
COUNTY MATERIALS CORPQRA TION
,20~.
COUNTY MATERIALS RPORATION-WEST LUCAS LLP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
, A.D. 20~, before me, the undersigned, a Notary
State of Iowa, personally appeared
, to me personally known, who being by me duly sworn,
e 11 e ('; I t<:J~ (title) of
, and that said inst ment was signed on behalf of the
by authority of its managers and the said
~~ ~. ~vJ
Notary Public in and for the State of Iowa
My commission expires: '/-;1.3 -oCf
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MMS CONSULTANTS, INC.
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IOWA CITY IOWA
OFFICE: 319-351-8282
CEDAR RAPIDS IOWA
OFFICE: 319-841-5188
May 15,2007
Marianne Karr
City Clerk's Office
City ofIowa City
410 East Washington Street
Iowa City, IA 52240
Re: County Materials - Request for Expedited Consideration for Rezoning and Sensitive Areas
Development Plan Approval
Dear Ms. Karr:
County Materials Corporation has asked that we request expedited consideration for approval of
their rezoning and Sensitive Areas Development Plan. The 1 st Public Hearing for the approval of
the rezoning and Sensitive Areas Development Plan was held at last night's City Council
meeting and was approved on a vote of 7 -0. On behalf of County Materials Corp., we are
requesting that the two subsequent public hearings and considerations be condensed into one
public hearing and consideration, at the Council's June 5th meeting.
With the construction season already upon us, County Materials desires to expedite this process
in order that they might begin construction as soon as possible. Thank you for your assistance
and consideration in this matter.
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1917 SOUTH GILBERT STREET . IOWA CITY . IOWA 52240
WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMs@MMsCONSULTANTS.NET
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Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5232
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 1, CHAPTER 9-3B OF THE CODE OF ORDINANCES OF IOWA
CITY, IOWA AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY
TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY.
WHEREAS, boundary changes to the corporate limits of Iowa City have rendered the codified voting
precincts inaccurate; and
WHEREAS, much of the land involved in the boundary changes is currently undeveloped; and
WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precinct 8 and 16 to
reflect boundary changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 1, Chapter 9-3B (8) of the Code of Ordinances of Iowa City is
hereby amended by deleting said section and adopting in lieu thereof the following:
8. Precinct 8: Beginning at the intersection of Westwinds Drive and Mormon Trek Boulevard;
south on Mormon Trek Boulevard to the north right-of-way line of Highway 1; west on the
north right-of-way line of Highway 1 to the west right-of-way line of Naples Avenue; south on
the west right-of-way line of Naples Avenue to the south right-of-way line of Highway 1; west
on the south right-of-way line of Highway 1 to Kitty Lee Road and the corporate limits of Iowa
City; then northwesterly following the Iowa City corporate limits to Melrose Avenue; east on
Melrose Avenue to Westwinds Drive; south and east on Westwinds Drive to the point of
beginning.
Title 1, Chapter 9-3B (16) of the Code of Ordinances of Iowa City is hereby amended by deleting said
section and adopting in lieu thereof the following:
16. Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on
Dover Street to Perry Court; west on Perry Court to Meadow Street; north on Meadow Street
to Friendship Street; east on Friendship Street to Kenwood; north on Kenwood to Court
Street; east on Court Street to a point which is 261.42 feet along a bearing NOO 29'01" W from
the Southwest corner of the Southeast Quarter of Section 7, Township 79 North, Range 5
West of the 5th P.M. of Iowa City, Johnson County, Iowa; thence north along said bearing and
section line to Lower West Branch Road; east along Lower West Branch Road and the
corporate limits of Iowa City to Taft Avenue; south along Taft Avenue and the corporate limits
of Iowa City to American Legion Road; west along American Legion Road and the corporate
limits of Iowa City to Muscatine Avenue and the point of beginning.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
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 after its final passage, approval
and publication, as provided by law.
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 6/5/2007
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
LLJ
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., 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 CB5 ZONES.
WHEREAS, sidewalk cafes are a use of public sidewalks in the CB2, CB5, and
require a temporary easement; and
WHEREA except in City Plaza, the City Code presently requires eight (8) eet of unobstructed
space adjacent t the front of sidewalk cafes to ensure a sufficient way for pedestr" n travel;
WHEREAS, th adjacency requirement creates complications for businesse outside of the CB1 0
zone because the si walks are generally less than eight (8) feet in wi h;
WHEREAS, to acco odate sidewalk cafes where existing sidew s ar less than eight (8) feet wide,
the adjacency requiremen hould be reduced outside of the CB10 ne t he width of the existing
sidewalk; and
WHEREAS, it is in the City' 'nterest adopt this amendment.
NOW, THEREFORE, BE IT a DAINED BY THE CITY C N OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 10, entitled "Use of Public Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Si alk Cafes," ubsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended by deleting Parag Its entirety and by substituting in its place the
following new Paragraph 1:
1. a. Except in city plaza and in the CB2 a CB ones, a sidewalk cafe area may not extend onto
the sidewalk in a manner that will not ow a mi . um of eight (8) feet of unobstructed sidewalk
for pedestrian use on the three side of the cafe th don't abut the building. However, adjacent
sidewalk cafes may abut each oth .
b. City Plaza. In city plaza, the must be a minimum eight (8) feet of unobstructed sidewalk
between the three sides of th sidewalk cafe that don't ab the building and any public elevated
planter. If a sidewalk cafe tends into Zone 2 there must I:j a straight unobstructed pedestrian
walkway, which is at Ie 5 feet wide, through the cafe in one 1. Said walkway shall be
included within the si ewalk cafe area and as such, shal be under the control of the
establishment and su ect to the annual fee. The walkway must I:j delineated in such a manner
that the entire ca remains contiguous to the building. In e event that an adjacent
establishment se s to locate an abutting sidewalk cafe entirely in Zon 1 such that said walkway
would end at th abutting cafe, within 30 days of written notice from th City said walkway must
be relocated tone 2.
c. CB2 an CB5 Zones. In the CB2 and CB10 zones, the minimum f eight (8) feet of
unobstruct (j sidewalk is not required if the existing sidewalk is less than eight ) feet in width. If
the side alk is less than eight (8) feet in width, a sidewalk cafe may no extend into or
encom ss in any manner the existing sidewalk and may not impede pedestrian tr fico
SECTIO II. REPEALER. All ordinances and parts of ordinances in conflict with the prov ion of this
Ordinance re hereby repealed.
SECT N III. PENALTIES FOR VIOLATION. The violation of any provision of this ordina e is a
municip infraction or a simple misdemeanor.
SE TION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudg d to
be in\l lid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whol . or
any ection, provision or part thereof not adjudged invalid or unconstitutional. .
ECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
I
Passed and approved this _ day of
,2007.
MAYOR
City Attorney's Office
\
\
\
\
5-c\
\
ATTEST:
CITY CLERK
Approved by
~~~ ,-.-
sue/ord/S-W Cafe CB10
fV\\-~ I
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 07-47n4
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 CB5 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 CB1 0
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 Property," 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 locate 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 5th day of
June
,2007.
Ordinance No. 07-4264
Page 2
~(L~
MAYOR -
ATTEST: ~~ k~
CITY C RK
Approved by
Y:~~ C;-I\'O)
City Attorney's Office
sue/ord/S-W Cafe CB10
Ordinance No. 07-4264
Page ---3-
It was moved by Bailey and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 5/14/2007
VQteforpassage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration -------------------
Vote for passage:
Date published 6/13/2007
Moved by Bailey, seconded by Correia, 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: Champion, Correia, Blliott, O'Donnell,
Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.
r06~~471
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" TO DEFINE THE
MEANING OF VARIOUS PEDESTRIAN CROSSING SIGNALS.
WHEREAS, City Code section 9-6-3 pertains to pedestrians but does not define the meaning of
pedestrian crossing signals; and
WHEREAS, City Code section 9-2-2 defines traffic control signals but does not define the meaning of
pedestrian crossing signals;
WHEREAS, the City desires to define said signals to better inform pedestrians as to their meaning
and pedestrians' obligations in response to said signals; and
WHEREAS, it is in the best interest of the Public to provide definitions to pedestrian crossing signals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 6, entitled "Pedestrians,. Section 3, entitled
"Pedestrians Subject to Signals,. is hereby repealed in its entirety and amended to read:
Pedestrians traveling through intersections regulated by lighted pedestrian crossing signals, as defined
below, shall obey such signals. Pedestrians traveling through intersections where no pedestrian crossing
signals are present shall be subject to traffic control signals as otherwise declared in this title. At all other
places, pedestrians otherwise shall be accorded the privileges and shall be subject to the restrictions
stated in this title. Pedestrian crossing signals are defined as:
1. Steady Walking Person: A steady walking person signal represents "walk." A pedestrian
facing this signal indication is permitted to start to cross the roadway in the direction of the
signal indication, possibly in conflict with turning vehicles. The pedestrian shall yield the right-
of-way to vehicles lawfully within the intersection at the time that the Steady Walking Person
signal indication is first shown.
2. Flashing Upraised Hand: A flashing upraised hand signal represents "do not walk." A
pedestrian shall not start to cross the roadway in the direction of the signal indication, but any
pedestrian who has already started to cross on a Steady Walking Person signal indication
shall proceed out of the traveled way.
3. Steady Upraised Hand: A steady upraised hand signal represents "do not walk.. A pedestrian
shall not enter the roadway in the direction of the signal indication. Any pedestrian who has
already entered the roadway on a Steady Walking Person signal shall have completed
crossing through the traveled right-of-way prior to the symbol turning to a steady upraised
hand.
2. Title 9, entitled "Motor Vehicles and Traffic., Chapter 2, entitled "Traffic Control Signs, Signals
and Devices," Section 2, entitled "Traffic Control Signal Legend,. as the sections' introductory paragraph,
is hereby amended to read:
Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted
arrows, whether successively one at a time or in combination, only the colors green, red, and yellow shall
be used, except for special pedestrian signals as defined in 9-6-3. Such colored lights shall indicate and
apply to drives of vehicles and, where no other pedestrian signals are present, to pedestrians as follows:
Subsections A-E, and their subparagraphs, shall remain as previously codified.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of , 2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
-ki!~ s-;;cJk~
City Attorney's Office
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
Elliot{
O'Donnell
Vanderhoef
. Wilburn
First Consideration 6 /5 / 2007
Voteforpassage:AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
(/'tPNtLd7 -6
~;/f
1\ +-
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 GROUP A-2
AND B 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, the City wishes to provide minimum thresholds for automatic fire sprinkler systems in
Group B occupancies; and
WHEREAS, it is in the best interest of the City to adopt the amendments.
NOW, THEREFORE, BE IT OROAINGEO BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENOMENTS.
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 299 or more with an Alcoholic Beverage
~ivision License (ABOL) 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 50-298 located on a floor other than the
level of exit discharge and with an ABOL shall comply with Sections 903.2.1.2 and 907.3.1 by
July 1, 2013.
C. Existing B Occupancies where the fire area is located on a floor other than the level of exit
discharge and with an ABOL shall comply with Sections 903.2.1.2 and 907.3.1 by July 1,
2013.
O. All existing A-2 Occupancies with an ABOL shall comply with Sections 903.2.1.2 and 907.3.1,
provided that 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.
Section 903.2.1.2 Oelete 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 fire area has an occupant load of 299 or more and has an ABOL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 fire area has an occupant load of 50-298 and is located on a floor other than the
level of exit discharge and has an ABOL; 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 ABOL; or
4) Group A-2 Occupancies that have an ABOL and are not regulated in B1 or B2 above,
provided:
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.
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 addressable 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 298 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.
The system shall be installed by July 1, 2022 or when 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, whichever first occurs.
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 299 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 50-298 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
3
4) Group A-2 Occupancies that have an A8DL and are not regulated in 81 or 82 above,
provided:
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 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 8 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 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.
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 upon publication.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
Approv~b.y ~_.
~~ ,-)O-O-l-
City Attorney's Office
Hisbldg/orct/life safety a-2 occ.doc
,~ 1
~~~~'t
~~_al~
-. -
CITY OF IOWA cITyl
MEMORANDUM
06-05-07
12
From:
May 30, 2007
City Council
Doug Boothroy, Director, Housing and Inspection Services
Andy Rocca, Fire Chief
Tim Hennes, Sr. Building Inspector
Roger Jensen, Deputy Fire Chief
Fire service line installation cost for the A-2 Occupancies with Alcoholic Beverage
Division License (ABDL).
Date:
To:
Re:
Attached to this memorandum is staff's estimate of the City's cost to install the required fire
service water line to the buildings affected by the proposed life-safety ordinance.
cc: Steve Atkins, City Manager
indexbc\TH5-30.doc
ESTIMATED FIRE SERVICE WATER LINE COST for Occupancies that must install sprinklers within
six years.
No. NAME ADDRESS COSTS NOTES
1 Joe's Place 115 Iowa Ave. 3
2 Old Capitol Brew Works 525 S. Gilbert St. $22,848.64 2
3 One-Eyed Jakes 18/20 S. Clinton $11,726.99
4 The Picador 330 Washington St. $8,770.74 4,5
5 The Que 211 Iowa Ave. 3
6 The Union 121 E. College St. 1
7 The Airliner 22 S. Clinton 1
8 Atlas World Grill 127 Iowa Ave. 1
9 Givanni's 109 E. College St. 1
10 Iowa City Yacht Club 13 S. Linn St. 1
11 Sky box 124 Washington St. $18,042.79 4
12 Dublin Underground 5 S. Dubuque St. $12,508.19
13 One Twenty Six 126 Washington St. $17,852.99 4
14 Quinton's 215 Washington St. 1
15 Restaurant Verde 509 S. Gilbert St. $17,769 2
16 Panchero's 32 S. Clinton $12,874.99
17 Quality Inn & Suites 2525 N. Dodge St. $5,436.89
TOTAL: $127,830.86
Notes:
1. Existing service is adequate
2. Might be able to do with Gilbert/Bowery Project
3. Stub was installed with the Iowa Ave. projects
4. Doesn't include cost of washed stone
5. Doesn't include planter repair
wpdata/hisblg/copyofestimatefireservicecost.5/30/07
\~
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 GROUP A-2
o UPANCIES.
WHEREA City Code Section 7-1-1 adopts the International Fire Code and C' Code Section 17-1-
1 adopts the Inte ational Building Code; and
WHEREAS, CI Code Section 7-1-2 amends sections of the International Ire Code and City Code
Section 17-1-3 amen s sections of the International Building Code; and
WHEREAS, the CI wishes to provide minimum thresholds for automati fire sprinkler systems, fire
alarm systems, and exit idth openings in Group A-2 occupancies; and
WHEREAS, it is in the est interest of the City to adopt the amendmen
NOW, THEREFORE, B IT ORDAINGED BY THE CITY COUNCIL F THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT
1. Title 7, entitled "FIRE P VENTION AND PROTECTION" hapter 1, entitled "Fire Code," is
hereby amended as follows:
Section 102.1 Modify by adding fifth applicability requireme to the end as follows:
5. A. Existing A-2 Occupancies ith an occupant load of 00 or more with an Alcoholic Beverage
Division License (ABDL) shall c mply with Sections 9 .2.1.2, 907.3.1, and 907.3.1.9 by July 1,
2010.
Exemption: Single business oc upancies in sin e story nonabutting buildings.
B. Existing A-2 Occupancies with occupant 10 d of 50 -299 located on a floor other than the
level of exit discharge and with an DL shall om ply with Sections 903.2.1.2 and 907.3.1 by
July 1, 2010.
C. Existing B Occupancies where the e ar a is located on a floor other than the level of exit
discharge and with an ABDL shall comply\wi Sections 903.2.1.2 and 907.3.1 by July 1, 2010.
D. Existing A-2 Occupancies with an occu ant load of 50 - 299 with an ABDL shall comply with
Sections 903.2.1.2, 907.3.1, and 907.3. .9\provided:
1. Cumulative permitted improve nts are made that exceed $25,000; or
2. There is a change in busines ownership, defined as the sale, transfer, or assignment of
any legal or equitable owner ip interest., except that the owner may show to the building
official's satisfaction that s . change in o'wnership is one of form and not substance.
Exemption: Single business 0 cupancies in single story nonabutting buildings.
Section 903.2.1.2 Delete Section 90 .2.1.2 and insert in lieu thereof the following:
903.2.1.2 A.New Group A-2 Occu ancies. An automatic sprinkler system shall be provided if one of
the following conditions exist:
1) The fire area exceeds 5 00 square feet;
2) The fire area has an 0 cupant load of 100 or more; or\
3) The fire area is locat (j on a floor other than the level 0) exit discharge.
B. Existinq Group A-2 ccupancies and Group B Occupancies. An automatic sprinkler system
shall be provided. one of the following conditions exist: \
1) The A-2 Ire area has an occupant load of 300 or mQre and has an ABDL.
Exem~ Ion: Single business occupancies in single sttJry nonabutting buildings; or
2) The 2 fire area has an occupant load of 50 -299 and is located on a floor other than
the vel of exit discharge and has an ABDL; or
3) Gr up B Occupancies where the fire area is located on a floor other than the level of
e it discharge and which have an ABDL; or
4) he 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 form 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.
Secti n 907.2.1 Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the
following ex tions:
EXCEPTIO .
1) Except or Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm
boxes are not re ired where the building is equipped throughout with an automatic sp nkler system
and the alarm notifi tion appliances will activate upon sprinkler water flow.
2) Group A-2. n automatic/manual fire alarm system and an emerge y voice/alarm
communication system hall be installed in Group A-2 occupancies with occupan loads of 200 or
more in accordance with ection 907.2.12.2 of the 2006 International Fire Code. tivation of the fire
alarm shall additionally cau e:
a. Illumination of the p tected premises to not less than 10 foot-candle over the area of the
room at a height of 30 inches a ove the floor; and
b. All conflicting or confusin sounds and visual distraction to automati lIy stop.
Section 907.3 Delete the first sent nce of section 907.3 and insert in lieu t reof the following:
An approved manual, automatic 0 manual and automatic fire alarm stem shall be installed in
existing buildings and structures in accord ce with sections 907.3.1 throug 907.3.9.
Section 907.3.1 Delete section 907.3.1 nd insert in lieu thereof the f owing:
907.3.1 Occupancy requirements. A fire larm system shall be inst led in accordance with Sections
907.3.1.1 through 907.3.1.9.
Section 907.3.1.9 Add a new section 907.3.f\,9 to read as follow
907.3.1.9 Group A-2. An automatic/manuai\fire alarm syst m and an emergency voice/alarm
communication system shall be installed in existing ~roup A-2 oc pancies with occupant loads of 300 or
more in accordance with Section 907.2.12.2. of the \006 Inter ational Fire Code. Activation of the fire
alarm shall additionally cause:
a. Illumination of the protected premises to not less h 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 distc ct n to automatically stop.
Section 1024.2 Delete the "exception" in Section 24.2 its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occup cies where ther is no well-defined main exit or where
multiple main exits are provided, exits shall be ermitted to be dist 'buted around the perimeter of the
building provided that the total width of egress' not less than 100 perc nt of the required width.
2) The main entrance/exit of A-2 occu ncies shall be of a width t at accommodates not less than
two-thirds of the total occupant load.
2. Titles 17, entitled "BUILDING AND HOUSING," Chapter 1 e titled "Building Code," is
hereby amended as follows:
Section 903.2.1.2 Delete sectio 03.2.1.2 and insert in lieu thereof the fo wing:
903.2.1.2 A. New Group A-2 cupancies. An automatic sprinkler system s
the following conditions exist:
1) The fire area e ceeds 5,000 square feet; or
2) The fire area as an occupant load of 100 or more; or
3) The fire ar is located on a floor other than the level of exit discharge.
B. Existinq roup A-2 Occupancies and Group B Occupancies. An automatic sprinkler
system sh 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 ASDL; 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 e tirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 00 or more, manual fire alarm boxes
are not required where the building is equipp~d throughout with n automatic sprinkler system and the
alarm notification appliances will activate upon Sprinkler water fl
2) Group A-2. An automatic/manual fir~. alarm stem and an emergency voice/alarm
communication system shall be installed in Group A~2 occup ncies with occupant loads of 200 or more in
accordance with Section 907.2.12.2. of the 2006 Inteh:Jatio al Fire Code. Activation of the fire alarm shall
additionally cause: \\
a. Illumination of the protected premises to not Ie Jhan 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 distraCtion to automatically stop.
Section 1024.2 Delete the "exception" in Sec on 1024.2\in its entirety and insert in lieu thereof the
following exceptions: \
EXCEPTION: \
1) Except for Group A-2, in assembly oc pancies where th~ e is no well-defined main exit or where
multiple main exits are provided, exits shal be permitted to be di tributed around the perimeter of the
building provided that the total width of egr s is not less than 100 pe ent of the required width.
2) The main entrance/exit of A-2 oc upancies shall be of a widtt\ that accommodates not less than
two-thirds of the total occupant load. --\
SECTION II. REPEALER. All ordin nces and parts of ordinances in c nflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FO 10LATIONS. The violation of any pr ision of this Ordinance is a
municipal infraction.
SECTION IV. SEVERABILITY If any section, provision or part of the Ordina e shall be adjudged to be
invalid or unconstitutional, such judication shall not affect the validity of the Or . ance as a whole or any
section, provision or part thereo not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE ATE. This Ordinance shall be in effect July 1, 2007.
MAYOR
,20_
Passed and approved this
ATTEST:
CITY CLE
Appro~ed by
':~~ )' - ') -ot-
City Attorney's Office
Hisbldg/ord/life safety a-2 occ.doc