HomeMy WebLinkAbout2007-06-19 Ordinance
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 15.42 ACRES OF LAND
LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12)
(REZ006-00025)
WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located
South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) to
High Density Single Family Residential (RS-12); and
WHEREAS, the Comprehensive Plan indicates that this area is appropriate for duplex and small lot
single family residential development; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for adequate secondary access and street connectivity between neighborhoods; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto 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, property described below is hereby reclassified from its current zoning designation of RS-8 to RS-12:
LEGAL DESCRIPTION
COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE SOoo02'42"W, ALONG THE EAST LINE OF SAID
AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89057'18"W ALONG
SAID EAST LINE, 12.29 FEET; THENCE SOoo02'42"W ALONG EAST LINE 33.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOoo02'42"W ALONG SAID EAST LINE,
170.50 FEET; THENCE S89057'18"E ALONG SAID EAST LINE, 298.23 FEET; THENCE
SOoo02'42"W ALONG SAID EAST LINE, 137.50 FEET; THENCE N89057'18"W ALONG SAID
EAST LINE, 20.00 FEET; THENCE SOoo02'42"W ALONG SAID EAST LINE, 175.00 FEET;
THENCE S05044'59"E ALONG SAID EAST LINE, 159.34 FEET;THENCE S16040'29"W ALONG
SAID EAST LINE, 114.86 FEET; THENCE S01 o38'48"E ALONG SAID EAST LINE, 8.20 FEET;
THENCE N88029'50"W, 111.79 FEET; THENCE S78051'22"W, 236.93 FEET; THENCE
S89033'59"W, 584.90 FEET; THENCE NOoo26'01"W, 270.88 FEET; THENCE N35027'47"E,
54.47 FEET; THENCE N16003'10"E, 215.73 FEET; THENCE NOoo02'42"E, 292.17 FEET;
THENCE S89057'18"E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE
ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 22.79
FOOT CHORD BEARS S88019'20"E; THENCE S86041'22"E, 100.00 FEET; THENCE
SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD BEARS S88019'20"E TO THE
POINT OF BEGINNING, CONTAINING 15.42 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Ordinance No.
Page 2
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 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.
Passed and approved this _ day of , 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
.Au ~c--:1 ~jJ.JII, I;;; (~el7) 7
City Attorney's Office (Jr. --
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ06-00025)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Barker Development Co. (hereinafter "Owner"), and MBHG Investment
Co., Inc. (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 15.42 acres of property located
south and west of Whispering Meadows Drive; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Medium Density Single Family Residential (RS-8) to High Density Single Family
Residential (RS-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding adequate secondary access and street connectivity between
neighborhoods, the zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need to provide for safe and adequate traffic circulation between neighborhoods,
to ensure that streets are not overburdened with traffic, and to provide for efficient provision of
public and emergency services; and
WHEREAS, the Owner and Applicant acknowledge that the increased development that will
result due to the requested up-zoning of the subject property will make it necessary to construct
off-site improvements, namely extension of Whispering Meadows Drive, a collector street,
across the abutting public property (Sycamore Greenway) to provide necessary secondary
access to relieve traffic congestion on Lakeside Drive, a collector street, which would otherwise
be overburdened with traffic generated by the proposed development;
WHEREAS, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Barker Development Co. is the legal title holder of the property legally described as
follows:
COMMENCING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2003100,
IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED
IN BOOK 46, AT PAGE 155, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE SOoo02'42'W, ALONG THE EAST LINE OF SAID
AUDITORS PARCEL 2003100, A DISTANCE OF 127.00 FEET; THENCE N89057'18'W
ALONG SAID EAST LINE, 12.29 FEET; THENCE SOoo02'42'W ALONG EAST LINE
ppdadmlagtlrezOO-ooD25 cza (3)
1
33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOoo02'42'W
ALONG SAID EAST LINE, 170.50 FEET; THENCE S89057'18"E ALONG SAID EAST
LINE, 298.23 FEET; THENCE SOoo02'42"W ALONG SAID EAST LINE, 137.50 FEET;
THENCE N89057'18'W ALONG SAID EAST LINE, 20.00 FEET; THENCE SOoo02'42'W
ALONG SAID EAST LINE, 175.00 FEET; THENCE S05044'59"E ALONG SAID EAST
LINE, 159.34 FEET; THENCE S16040'29'W ALONG SAID EAST LINE, 114.86 FEET;
THENCE S01038'48"E ALONG SAID EAST LINE, 8.20 FEET; THENCE N88029'50"W,
111.79 FEET; THENCE S78051'22'W, 236.93 FEET; THENCE S89033'59'W, 584.90
FEET; THENCE NOoo26'01"W, 270.88 FEET; THENCE N35027'47"E, 54.47 FEET;
THENCE N16003'10"E, 215.73 FEET; THENCE NOoo02'42"E, 292.17 FEET; THENCE
S89057'18"E, 433.17 FEET; THENCE SOUTHEASTERLY, 22.80 FEET, ALONG THE
ARC OF A 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
22.79 FOOT CHORD BEARS S88019'20"E; THENCE S86041'22"E, 100.00 FEET;
THENCE SOUTHEASTERLY 22.80 FEET ALONG THE ARC OF A 400.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 22.79 FOOT CHORD
BEARS S88019'20"E TO THE POINT OF BEGINNING, CONTAINING 15.42 ACRES,
AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and provide for adequate secondary access
and street connectivity between neighborhoods. Further, the parties acknowledge that
Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following condition:
. The Owner and/or Applicant will be responsible for extending Whispering Meadows
Drive to the western edge of the Sycamore Greenway in an alignment determined by
the City Engineer.
4. The Owner, the Applicant, and the City acknowledge that the conditions contained
herein are reasonable conditions to impose on the land under Iowa Code 9414.5 (2005),
and that said conditions satisfy public needs that are caused by the requested zoning
change. .
5. The Owner, the Applicant, and the 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 and Applicant acknowledge that nothing in this Conditional Zoning
ppdadmlagtlrez06-OOO25 cza (3)
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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 Applicant's expense.
Dated this _ day of
,20_.
CITY OF IOWA CITY
Ross Wilburn, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
Approved by:
~ fA. cd. ~,~ QLI2/o7
ity Attorney's Office
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:
ppdadmlagVrez06-QOO25 cza (3)
3
CORPORATE 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
and , to me personally known, who, being by me duly sworn,
did say that they are the and , respectively,
of said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its
Board of Directors; and that the said and as
such officers acknowledged 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 said County and State
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of
Public in and
, AD. 20_, before me, the undersigned, a Notary
State of Iowa, personally appeared
, to me personally known, who being by me duly sworn,
(title) of
, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
for
the
did say that the person is
Notary Public in and for the State of Iowa
My commission expires:
ppdadmlagtlrez06-OOO25 cza (3)
4
I GG~~~l ,
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 34.86 ACRES OF LAND
LOCATED SOUTH AND WEST OF WHISPERING MEADOWS DRIVE FROM MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL (RS-8) AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-
12) TO PLANNED DEVELOPMENT OVERLAY 8 (OPD-8) AND PLANNED DEVELOPMENT
OVERLAY 12 (OPD-12) (REZ06-00026)
WHEREAS, the applicant, MBHG Investment Co., Inc., has requested a rezoning of property located
South and West of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) and
High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned
Development Overlay 12 (OPD-12); and
WHEREAS, the Comprehensive Plan indicates that this area has sensitive environmental features,
including a stream corridor, wetlands, woodlands, and hydric soils that must be taken into account and
protected if property is proposed for development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing approval of
wetland mitigation, monitoring, and long term maintenance of wetlands created in compensation for wetlands
disturbed during development of the property; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto 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, property described below is hereby reclassified from its current zoning designation of RS-8 and RS-
12 to OPD-8 and OPD-12:
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'59"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE SOoo02'42"W, ALONG A WESTERLY
Ordinance No.
Page 2
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166,165,164,163,162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29"W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO 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 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.
Passed and approved this _day of , 20 .
MAYOR
ATTEST:
CITY CLERK
IbY
cdJ/~~~ ~/r~/())
City Attorney's Office
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ06-00026)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Barker Development Co. (hereinafter 1I0wner"), and MBHG Investment
Co., Inc. (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 34.86 acres of property located west
of Whispering Meadows, Part 2; and
WHEREAS, the Applicant, with the Owner's consent, has requested the rezoning of said
property from Medium Density Single Family Residential (RS-8) and High Density Single Family
Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Development
Overlay 12 (OPD-12); and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions
addressing approval of wetland mitigation, monitoring, and long term maintenance of wetlands
created in compensation for wetlands disturbed during development of the property; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need to protect, monitor, and maintain wetland areas; and
WHEREAS, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Barker Development Co. is the legal title holder of the property legally described as
follows:
A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 23 AND A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 24, ALL IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE
DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2003100
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE STH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S89033'S9"W,
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23, A
DISTANCE OF 1318.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE NOoo02'18"E,
1121.93 FEET TO THE SOUTHWEST CORNER OF LOT 13, LAKESIDE ADDITION TO IOWA CITY,
IOWA ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE
ppdadmlagVrez06-00026 cza
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99 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINE OF SAID LAKESIDE ADDITION TO IOWA CITY, IOWA, 1175.00 FEET TO THE
NORTHWEST CORNER OF LOT 174, WHISPERING MEADOWS SUBDIVISION, PART TWO, TO
IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK
34 AT PAGE 99 IN SAID RECORDER'S RECORDS; THENCE S00002'42"W, ALONG A WESTERLY
LINE OF SAID WHISPERING MEADOWS SUBDIVISION, PART TWO, 127.00 FEET; THENCE
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 12.29 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 203.50 FEET TO THE
SOUTHWEST CORNER OF LOT 167 OF SAID SUBDIVISION; THENCE S89057'18"E, ALONG THE
SOUTHERLY LINES OF SAID LOT 167 AND LOTS 166,165,164,163,162 AND PART OF LOT 161, A
DISTANCE OF 298.23 FEET TO THE NORTHWEST CORNER OF LOT 154 OF SAID SUBDIVISION;
THENCE SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 137.50 FEET; THENCE'
N89057'18"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 20.00 FEET; THENCE
SOoo02'42"W, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 175.00 FEET; THENCE
S05044'59"E, ALONG A WESTERLY LINE OF SAID SUBDIVISION, 159.34 FEET TO THE
SOUTHWEST CORNER OF LOT 150 OF SAID SUBDIVISION; THENCE S16040'29'W, ALONG A
WESTERLY LINE OF SAID SUBDIVISION, 114.86 FEET; THENCE S01038'48"E, ALONG A WESTERLY
LINE OF SAID SUBDIVISION, 196.14 FEET TO THE SOUTHWEST CORNER OF LOT 147 OF SAID
SUBDIVISION; THENCE S88021'05"W, 111.19 FEET TO THE POINT OF BEGINNING, CONTAINING
34.86 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and provide for protection of sensitive
envir~mmental features within the City. Further, the parties acknowledge that Iowa Code
9414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in
order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning and subdivision ordinances, as well as the following conditions:
1. The wetland mitigation plan must be approved by the Army Corps of Engineers and
all other applicable State and Federal agencies prior to any development activity;
2. Copies of all site visit reports and annual monitoring reports submitted to the Army
Corps of Engineers will be concurrently sent to the City;
3. The wetland mitigation site will be monitored by a wetland specialist for a period not
less than 5 years and until 85% of the lots abutting the wetlands are developed and
the other 15% of the lots are stabilized. Written reports will be submitted to the City
after every site visit (at least 3 reports per construction season) and any damage to
the wetlands repaired;
4. Prior to final platting, submittal of a maintenance plan prepared by a wetland
specialist and approved by the City for the wetland areas and private open space
within Outlots A and 8, detailing long term maintenance responsibilities and
estimates of maintenance costs.
4. The Owner, the Applicant, and the City acknowledge that the conditions contained
herein are reasonable conditions to impose on the land under Iowa Code 9414.5 (2005),
and that said conditions satisfy public needs that are caused by the requested zoning
change.
ppdadmlagVrez06-OOO26 cza
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5. The Owner, the Applicant, and the 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 and Applicant acknowledge 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 Applicant's expense.
Dated this
day of
,20
CITY OF IOWA CITY
Ross Wilburn, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
Approved by:
~4'~~~#~7
City Attorney's Office
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
ppdadmlagUrezOO-QOO26 cza
3
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:
CORPORATE 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
and , to me personally known, who, being by me duly sworn,
did say that they are the and , respectively,
of said corporation executing the within and foregoing instrument to which this is attached, that
(no seal has been procured by the said) corporation; that said instrument was signed (and
sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its
Board of Directors; and that the said and as
such officers acknowledged 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 said County and State
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
did say that the person is
, A.D. 20_, before me, the undersigned, a Notary
State of Iowa, personally appeared
, to me personally known, who being by me duly sworn,
(title) of
, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
On this _ day of
Public in and
for
the
Notary Public in and for the State of Iowa
My commission expires:
ppdadmlagVrez06-OOO26 cza
4
City of Iowa City
MEMORANDUM
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June 14, 2007
City Council ~ k L J
Karen Howard, Associate Plann~'
Whispering Meadows, Part 4
To:
From:
Re:
I want to bring your attention a couple of unresolved issues with regard to the zoning and
platting of the land for Whispering Meadows, Part 4.
Streets and traffic circulation:
One of the most important considerations with this subdivision is providing adequate street
connectivity. Possibilities for street connections are limited by the extensive network of
sensitive features on this particular property.
Given that most destinations in the City are located north of the proposed subdivision, the vast
majority of the traffic from the new development will flow on the most direct route to Sycamore
Street or Highway 6, the closest arterial streets. If an additional east-west collector street
connection to Sycamore Street is not provided for Whispering Meadows, Part 4, the proposed
development will add an estimated 850 vehicle trips per day to Lakeside Drive. Lakeside Drive
currently has a traffic volume of approximately 3000 vehicles per day. The location of Grant
Wood School on Lakeside Drive adds another element that increases the probability of
pedestrian-motor vehicle conflicts along this collector street. Grant Wood School has requested
several traffic studies over the past several years because of concerns regarding the safety of
school children. Without an additional street connection to Sycamore Street from the new
subdivision, these traffic safety concerns will be exacerbated. Extending Whispering Meadows
Drive west and across the Sycamore Greenway for eventual extension to Sycamore Street is
the most logical choice to provide this needed traffic circulation function for Whispering
Meadows, Part 4.
At the Planning and Zoning Commission meetings there was much debate about who should be
responsible for extending Whispering Meadows Drive across the 60-foot wide Sycamore
Greenway, the publicly owned property that serves as a regional storm water facility and public
trail system. While the developer has acknowledged the need for this collector street
connection, they do not feel they should be responsible for constructing the street across the
Greenway, which is outside the limits of their property. However, the Planning and Zoning
Commission and City staff disagree. The need for this collector street is directly linked to the
traffic that will be generated by future development of the Whispering Meadows subdivision. If
this property were not developed to the extent proposed, which includes a request for an
increase in density and disturbance of a significant portion of the sensitive features on the site to
increase the development potential, this road connection would not be necessary. The
Commission and the staff believe that the developer, rather than city taxpayers, should bear the
cost of making this necessary connection across the Sycamore Greenway to the adjacent
subdivision. This situation is similar to that of the General Quarters Subdivision, where the
developer bore the cost of extending Gable Street across the Greenway to connect with the
adjacent neighborhood to the north.
The Planning and Zoning Commission and City staff recommend that as a condition of the
rezonino from RS-8 to RS-12 and the subseauent rezonino from RS-8 and RS-12 to OPD-8 and
OPD-12. the developer be responsible for constructing Whispering Meadows Drive to the west
edge of the Sycamore Greenway. The City Engineer estimates the cost of constructing the road
across the Greenway would be approximately $260,000.
Neighborhood Open Space - While the current subdivision plat indicates that Outlot A is
intended for private open space to be maintained by a homeowner's association, the developer
has indicated interest is dedicating a portion of Outlot A to satisfy their requirement for
neighborhood open space rather than having to pay a fee. A majority of the Planning and
Zoning Commission feel that a portion of the woodland that directly abuts the Sycamore
Greenway would be desirable as public open space. The Parks and Recreation Commission
recommends against acceptance of this land due to the amount of work that would be
necessary to clear underbrush, barbed wire and debris, and remove dead and dying trees that
may be a hazard to the public. The Parks and Recreation Commission recommends
acceptance of Outlot C to provide a neighborhood link to the Sycamore Greenway trail, but
recommends fees in lieu of land dedication for the remainder of the neighborhood open space
obligation.
CC: Steve Atkins
Karin Franklin
Jeff Davidson
Bob Miklo
City of Iowa City
MEMORANDUM
May 17, 2007
From: Karen Howard, Associate Planl1ler
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To: Planning and Zoning Commission
Re:
Whispering Meadows, Part 4
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At your last meeting, you requested additional analysislinformation about the following
unresolved issues:
. Whisperinq Meadows Drive - Staff from the Public Works Department, City
Attorney's Office, Fire Department, and Planning Department met last week to
reconsider the issue of extending Whispering Meadows Drive across the
Sycamore Greenway. Staff confirms their recommendation that this street
connection is necessary to serve the needs of the proposed subdivision. If this
property were not developed to the extent proposed, which includes an upzoning
and disturbance of a significant portion of the sensitive features on the site to
increase the development potential, this road connection would not be
necessary. Therefore, staff believes that the developer, rather than City
taxpayers, should bear the cost of making this necessary connection across the
Sycamore Greenway to the adjacent subdivision. This situation is similar to that
of the General Quarters Subdivision, where the developer bore the cost of
extending Gable Street across the Greenway to connect with the adjacent
neighborhood to the north.
. Neiahborhood Open Space - To satisfy the neighborhood open space
requirement, the land proposed for dedication must be usable and accessible
parkland or recreation space. Planning staff has contacted the Director of Parks
and Recreation to discuss again whether a portion of the woodland along the
western edge of the development adjacent to the Sycamore Greenway would
meet the criteria for neighborhood open space. We will report to the Commission
the results of this discussion at your meeting on Thursday.
. Tree protection: The grading and erosion control plan submitted by the
developer states that "all trees outside the limits of grading operations shall be
saved, unless otherwise indicated to be removed. Trees near the edges of
grading limits and in the storm water detention basin area shall be saved if
possible..." Staff suggests that in the interests of preserving trees near existing
home lots along Amber and Regal Lanes, the developer consider identifying
specific trees that could be saved on the proposed lots 16 through 22.
City of Iowa City
MEMORANDUM
May 3, 2007
To: Planning and Zoning Commission
From: Karen Howard - Associate Planner
Re: Staff recommendation for REZ06-00025 & REZ-06-00026/SUB06-00017
Please note that we are recommending an additional condition to be included with any
approval of REZ-06-00026/SUB06-00017. It should be noted that the wetland
mitigation plan must be approved by the Army Corps of Engineers and all other
applicable State and Federal agencies prior to any development activity on this
property. Following is the revised staff recommendation with the new language
highlighted.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00025, a request for a rezoning of 15.42 acres from Medium Density Single
Family Residential (RS-8) to High Density Single Family Residential (RS-12) for property located south and
west of Whispering Meadows Drive, be approved subject to a conditional zoning agreement specifying that
the developer will be responsible for constructing Whispering Meadows Drive to the west edge of the
Sycamore Greenway to provide for adequate secondary access for the property proposed for rezoning.
Staff recommends that REZ06-00026/SUB06-00017, a request for a rezoning from Medium Density Single
Family Residential and High Density Single Family Residential (RS-8, RS-12), to Planned Development
Overlay 8 and Planned Development Overlay 12 (OPD-8 and OPD-12), and the Sensitive Area
Development Plan and preliminary plat for Whispering Meadows, Part 4, an approximate 34.86 acre, 122-lot
residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, be approved,
subject to resolution of deficiencies and discrepancies noted below and subject to a conditional zoning
agreement s eci in that:
. Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of
Engineers will be sent to the City;
. the wetland mitigation site will be monitored by a wetland specialist for as long as home
construction is occurring on lots that surround the wetlands with written reports submitted to the City
after every site visit (at least 3 reports per construction season), and any damage to the wetlands
repaired; and
. prior to final plat, submittal of a maintenance plan prepared by a wetland specialist and approved by
the City for the wetland areas and private open space within outlots A and B, detailing long term
maintenance responsibilities and estimates of maintenance costs.
DEFICIENCIES AND DISCREPANCIES:
. Missing sidewalk along Outlot A, along west side of Verbena Drive ..+-
. Technical discrepancies as noted by the City Engineer ,r..:.
5T AFF REPORT
To: Planning & Zoning Commission
Prepared by: Karen Howard
Item: REZ06-00025 & REZ06-00026/ SUB06-00017 Date: May 3,2007
Whispering Meadows, Part 4
GENERAL INFORMATION:
Applicant:
MBHG Investment Co., Inc.
821 S. Gilbert Street
Iowa City, IA 52240
Contact:
MMS Consultants
Paul Anderson
1917 S. Gilbert St.
Iowa City, IA 52240
Requested Action:
Rezoning of a portion of the property from
RS-8 to RS-12 and, if approved, a second
rezoning from RS-8 and RS-12 for the
entire property to OPD-8 and OPD-12;
Preliminary Plat and Sensitive Areas
Development Plan approval
Purpose:
Development of a 122-lot single-family
residential subdivision with a mix of
detached and attached dwellings
Location:
West of Whispering Meadows Subdivision,
Parts 2 and 3
Size:
REZ06-00025: 15.42 acres;
REZ06-00026/SUB06-00017: 34.86 acres
Existing Land Use and Zoning:
Undeveloped; RS-8
Surrounding Land Use and Zoning:
North: Single family residential; RS-5
South: Undeveloped Johnson County;
Sycamore Greenway
East: Single Family and Two Family
Residential; RS-12
West: Undeveloped land and public open
space (Sycamore Greenway); RS-5
and ID-RS
Comprehensive Plan:
The Comprehensive Plan identifies this
area as appropriate for duplex and small
lot single family residential
2
Neighborhood Open Space District:
File Date:
Grant Wood (S2)
April 4, 2007
45 Day Limitation Period:
May 18, 2007
BACKGROUND INFORMATION:
The proposed development is a continuation of the Whispering Meadows Subdivision, Parts 1, 2,
and 3, which are located east and north of the proposed Part 4. REZ06-00026/SUB06-00017,
which includes a planned development rezoning, sensitive areas development plan, and
preliminary plat, is dependent on approval of REZ06-00025, a rezoning requested for a portion of
the property from RS-8 to RS-12. Because these applications are interrelated, the analysis for
both is included in this report.
The subject property is bounded on the west and south by the Sycamore Greenway and to the
north by a neighborhood of low density detached single family homes. Due to the location of the
Sycamore Greenway and the existing discontinuous street pattern to the north, street access to
this property is somewhat limited and connections should be carefully considered. The property
contains a number of sensitive features, including wetlands, a regulated stream corridor and
woodlands. Due to the proposed modification of these sensitive features a Levell! Sensitive
Areas Review is required, which is administered through the planned development process. The
applicant has submitted a preliminary plat and sensitive areas development plan to illustrate how
the land will be developed in a manner that will protect, preserve, or mitigate for disturbance of
these sensitive features.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had
discussions with neighborhood representatives.
ANAL YSIS:
REZ06-00025:
The applicant is requesting a rezoning of 15.42 acres of land from the current Medium Density
Single Family Residential (RS-8) to High Density Single Family Residential (RS-12). The
developer intends to subdivide this land into .narrow home lots in order to construct attached single
family townhouse-style homes. This area is included in the proposed Whispering Meadows
Subdivision, Part 4, which will include a mix of housing types clustered away from the existing
stream corridor and wetland mitigation site proposed on this property. The area to be rezoned lies
near the center of the proposed subdivision, with areas to the north and south remaining RS-8.
The larger subdivision is bounded on the west and south by the South Sycamore Regional
Stormwater Facility, popularly known as the Sycamore Greenway, a corridor that provides for
management of stormwater from the entire region and doubles as a unique public open space
and trail corridor for the surrounding neighborhoods and for the larger community.
Current and proposed zoninQ:
The current RS-8 zoning is intended primarily for detached single family homes on small lots.
Duplexes and attached single family dwellings are only allowed on corner lots in order to create a
balance between attached and detached homes within a neighborhood. The area north of the
proposed rezoning consists of detached single family homes along Amber and Regal Lanes. East
of the proposed rezoning is an area consisting largely of duplexes and zero lot line dwellings. This
S:\PCDlStaff Reports\Whispering Meadow, Part 4\REZ06-QOO26.SUB06-00017.whispering meadow 4.doc
3
area was rezoned to RS-12 during the recent rewrite of the Iowa City Zoning Code, due to
changes proposed for the RS-8 Zone, which disallowed duplexes and zero lot line dwellings on
interior lots. Changes made to the RS-12 Zone will allow development of small lot single family
including townhouses on lots as narrow as 20 feet. The larger subdivision, which will include the
subject RS-12 land, will require a Levell! Sensitive Areas Review through the planned
development process due to proposed development activity that will affect the sensitive features
on the site. However, if this portion is rezoned to RS-12 prior to the planned development review,
no modifications to the underlying zoning will be needed in order to build townhouses in this
location. As a consequence, the planned development review will be limited to review of the
impacts of the proposed development on the sensitive features in the area.
Compliance with Comprehensive Plan:
While the land use scenario within the South District Plan does not specifically anticipate
townhouses in this location, the plan generally calls for a mix of small lot single family and
duplexes. Townhouses are a type of small lot single family development that has become
increasingly popular in Iowa City as an affordable option to detached homes. The South District
Plan calls for townhouse and duplex style housing that will mix compatibly with detached single
family housing. As stated in the plan, "as housing density increases and lot sizes are reduced,
attention will need to be paid to design issues, such as garage and driveway locations, to
assure that the new neighborhoods are attractive and livable." With the adoption of new
development standards for attached single family in the new zoning code, there will be some
assurance that any new townhouse development will comply with the policies of the South
District Plan. For example, the new code requires that on narrow townhouse lots, garages and
driveways must be located to the rear with front entrances visible and oriented toward the
street.
Compatibilitv with neiahborhood
The applicant is proposing to maintain a transition area of RS-8 zoning between the RS-5 zone
to the north and the proposed RS-12 zoning. This will allow enough space for a row of detached
single family homes on the north side of the extended Whispering Meadows Drive. Similarly,
the applicant proposes to construct detached single family homes on lots that back up to the
Greenway with the townhouses concentrated along the proposed Verbena Drive that extends
across the stream corridor from north to south. In this fashion, the rear lanes and garages from
the townhouses will back up to the private open space within the interior of the property rather
than onto the public space along the Sycamore Greenway.
Environmentallv Sensitive Areas: Woodlands, hydric soils, a network of jurisdictional wetlands
and a regulated stream corridor extend across the center of the subject property. Due to the
extensive nature of these sensitive features, it is difficult to develop this property without some
impact to the sensitive features on the site. If REZ06-00025 is approved, the applicant has
requested consideration of an application for a sensitive areas planned development rezoning,
which would include the rezoned RS-12 portion of the property and surrounding RS-8 areas as
shown on the attached exhibit. Consideration of the sensitive features is covered in depth in the
analysis for REZ06-00026/SUB06-00017, below.
Traffic implications: In order to accommodate the additional traffic anticipated due to this
rezoning, an additional collector street connection to Sycamore Street will be necessary, since
Lakeside Drive is near or at the traffic volume threshold for a collector street. The best solution
to this secondary access issue is to extend Whispering Meadows Drive across the Sycamore
Greenway for its eventual extension across the General Quarters subdivision to Sycamore
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4
Street. If extended to the western edge of the Sycamore Greenway, staff finds that this is
acceptable as a temporary condition. The analysis of these traffic circulation issues is
described in more detail below, the resolution of which should be included in a conditional
zoning agreement.
Summary: In summary, staff finds that the proposed rezoning from RS-8 to RS-12 is
compatible with the comprehensive plan and with the surrounding neighborhoods, provided that
the applicant resolves the secondary access issue for this property by extending Whispering
Meadows Drive to the western edge of the Sycamore Greenway to provide for eventual
extension to Sycamore Street.
REZ06-00026
The applicant has applied for approval of a Sensitive Areas Development, a type of planned
development. If REZ06-00025 is approved and the proposed plat meets all of the underlying
zoning and subdivision requirements, the approval criteria for the proposed planned development
are the standards and requirements of Zoning Code Article 14-51, Sensitive Lands and Features.
The purpose of the Sensitive Areas Ordinance is to permit and define the reasonable use of
properties that contain sensitive environmental features and natural resources, and allowing
reasonable development while protecting such resources from damage. Due to the flat
topography that hinders drainage and the extensive nature of the sensitive features on this site,
it will be difficult to develop this property without disturbing a considerable portion of the
sensitive features on this site. The following paragraphs describe the impact on these sensitive
features and the applicant's proposal for protection and mitigation.
Woodlands: Woodlands are defined as any tract of land with a contiguous wooded area not less
than two acres and containing not less than 200 trees per acre. In RS-8 and RS-12 zones, at
least 50% of the woodlands must be retained. According to a note on the plat this property
contains 430,544 square feet of woodlands (approximately 9.9 acres), and 162,418 square feet
(approx. 3.7 acres) will be preserved, which represents approximately 37.7%. Most of the tree
removal will occur at the northwest quadrant of the property where Whispering Meadows Drive is
proposed to be extended, in areas where the stream corridor will be graded and reconstructed to
create new wetland areas proposed as mitigation. The sensitive areas ordinance allows for more
than 50% of the woodlands on a property to be removed if an appropriate tree replacement plan is
submitted indicating a replacement ratio of 1 tree per 200 square feet of woodland lost above the
50% allowed. The applicant is required to replace trees to mitigate for the 52,854 square feet of
woodland lost or 264 trees. The applicant proposes to plant 139 trees in the upland areas
surrounding the newly created wetland cells, 4 trees on the islands within the wetland cells and
plant 1 tree in the front yard of every dwelling unit prior to occupancy for a total of 265 trees.
In addition, the code requires the preservation of "groves of trees" wherever possible. The
applicant is proposing to preserve the grove of trees that exists along the southern border of the
property where it abuts the Sycamore Greenway by establishing a construction area limit and
implementing tree protection measures during construction. To preserve these trees over time
this area should be designated as a no-build conservation area.
Staff finds that with the measures taken above to preserve and replace trees that the plan meets
the standards for woodlands and groves in the sensitive areas ordinance.
Stream Corridor: A regulated stream corridor extends in an east-west direction across the center
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5
of the proposed development. The stream corridor in this case is 30 feet wide. The buffer area
should extend 50 feet from the edge of this 3D-foot wide stream corridor in areas where there
are other sensitive features, in this case where there are woodlands or wetlands within the
regulated stream corridor. In areas where there are no other sensitive features the stream
buffer should extend 15 feet beyond the edge of the 3D-foot stream corridor. These are
illustrated on the sensitive areas development plan.
Preserving the stream corridor east of Verbena Drive is difficult if the wetland mitigation as
proposed is accepted as the best solution for maintaining the hydrology of this area. The
existing wetlands are mainly of a linear variety associated with the stream corridor, particularly
in the area east of Verbena Drive. The steam bed and bank east of Verbena Drive is not well-
defined and the topography is very flat. The existing stream is largely fed by run-off from storm
water outlets from surrounding developments. The flat topography has contributed to poor
drainage, which has resulted in the formation of the linear wetlands along the stream corridor.
The standards in the sensitive areas ordinance for stream corridors state that the required
natural buffer along a blue line stream may not be reduced if there are other sensitive features
contained within that corridor; in this case, jurisdictional wetlands.
This presents a conundrum for development of this property. If the existing wetlands were
preserved with the required 100 foot buffer, very little developable land would remain. The
development as proposed will impact 1.5 acres of wetland, some of which is within or adjacent
to the stream corridor. The applicant is proposing to provide replacement wetlands in the area
of the existing stream corridor east of Verbena Drive. A series of wetland cells would replace
the existing stream corridor. The ordinance allows essential public utilities such as storm water
management facilities within protected sensitive features where it can be shown that such a
use, activity or structure will not be detrimental to the functioning of sensitive areas or
associated buffers. Staff feels that if the compensatory mitigation for the wetlands is
acceptable, the impacts to the stream corridor are acceptable provided that a buffer equal to or
greater than what would otherwise have been required for the existing stream corridor and
wetlands is provided for in the mitigation plan. The applicant has illustrated how this can be
achieved with the mitigation area being proposed.
Wetlands: The subject property contains wooded wetlands and wetlands associated with the
stream corridor that extend east-west through the center of the development. There are some
wetland fingers that extend in to the northeast and northwest along the intermittent steams. As
required by the Sensitive Areas Ordinance, a wetlands delineation report was prepared by the
wetlands specialist and was accepted by the Army Corps of Engineers. The delineated wetlands
are shown on the plat.
Wetland Mitiaation Plan: Compensatory mitigation may be allowed if it is clearly demonstrated
that avoiding and minimizing the impact on a wetland is unreasonable. In order to develop the
property, the applicant is requesting to disturb 1.5 acres of wetland, which will require 2.26
acres of replacement wetlands according to the replacement ratios in the sensitive areas
ordinance. For properties containing a wetland, a wetland mitigation plan is required as part of
the Sensitive Areas Development Plan. The wetland mitigation plan must include the type and
location of erosion control measures, and a stormwater management plan that addresses
stormwater runoff and sedimentation. Subsection 14-51-6F of the zoning code contains standards
for the discharge of stormwater into a wetland, including that the partial treatment of storm water
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runoff through the use of constructed wetlands, detention basins, vegetative filter strips, sediment
traps or other means will be considered as part of a mitigation plan.
The applicant has submitted a wetland mitigation plan to the City and the Army Corps of
Engineers. Because more than 1/2 acre of wetland is being disturbed a more extensive 90 day
review period is necessary to obtain approvals from the Corps, the EPA, Fish and Wildlife Service,
and the Iowa DNR. The applicant has yet to receive the required approvals.
Staff have reviewed the mitigation plan with Liz Maas, a wetland specialist and found the
mitigation plan to be a credible plan for replacement of the existing wetland and stream corridor
and agree that if successfully established may result in an improvement over the existing low
quality wetlands. The mitigation plan is attached for your review. Note that the applicant is
requesting to reduce the required buffer around the newly created wetlands to 50 feet. Given that
the wetland mitigation area is larger than the area being replaced, the mitigation site with a 50-foot
buffer will be greater than the original wetlands, stream corridor, and associated 1 DO-foot buffer.
Therefore, staff finds this to meet the intent of the ordinance.
Staff, however, is concerned about the long term maintenance of the newly created wetlands.
Because the mitigation site is unique in that it will be surrounded by a residential neighborhood,
new wetlands may be difficult to establish and maintain over time. Because it is unlikely that
construction of the homes in this development will be completed within the typical 5 year wetland
monitorina period reauired bv the Corps. staff recommends that the wetlands be monitored for as
lona as home construction is occurrina on lots that surround the wetlands with written reports
submitted to the City after every site visit. rather than iust yearly as proposed in the mitiaation
plan. This will allow a quick response to any damage to the new wetlands occurring due to
ongoing construction activity. In addition, staff feels that the mitigation plan does not adequately
address long term maintenance of the wetlands. The plan states that after the initial monitoring
period the maintenance will be turned over to a homeowners association. It is imperative that a
plan detailina maintenance and monitorina responsibilities, includina estimates of costs and how
often and what types of maintenance will be necessary. be submitted as a part of the subdivider's
aareement at the time of final plat.
If these monitoring and long term maintenance issues are adequately addressed and required
approvals are received from the Army Corps of Engineers, Iowa DNR, Fish and Wildlife Service
and the EPA, staff finds the wetland mitigation plan meets the standards of the sensitive areas
ordinance.
Hydric Soils: According to the Soil Survey Map submitted with the plat, almost the entire site
contains soils with hydric Inclusions. A small portion of the property in the southeast corner
contains hydric soils. The entire subdivision must be designed with sump pumps and a drainable
base. Minimum low openings must be shown on the final plat.
PRELIMINARY PLAT
Subdivision Desian: The plat consists of 122 residential lots clustered away from the sensitive
areas on the site. The subdivision will consist of a mix of townhouse lots in the RS-12 zoned
area and detached single family home lots in the RS-8 zoned area. The lots meet the minimum
lot size requirements for both zones. Outlot B will be the site of the wetland mitigation required
due to the proposed grading and development of the existing wetlands on the site. Outlot A will
encompass the portion of the woodland that will be preserved, a portion of the stream corridor,
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7
and a stormwater management cell that will function as a part of the system of wetland basins
proposed as mitigation. Staff finds that the proposed lot layout is acceptable. The townhouse
units will be clustered along the south side of Whispering Meadows Drive and along Verbena
Drive. Staff finds the placement of the various housing types within the development to be
appropriate, although notes that the rear drives and garages will be visible from the public
streets due to the location of the private open space. The applicant has proposed screening the
rear lanes with evergreen trees and landscaping as illustrated on the sensitive areas
development plan.
Street desian and connections: One of the most important considerations with this subdivision is
providing adequate street connectivity. The number, location, and design of the streets are
important for the safe and efficient provision of emergency and public services, for the distribution
and dispersal of traffic, and to provide for efficient routes to community destinations. Possibilities
for street connections are limited by the extensive network of sensitive features on the property.
Lakeside Drive currently provides the nearest connection to the arterial, Sycamore Street.
However, Lakeside Drive is nearing the traffic capacity threshold for a collector street. Given that
most destinations in the City are located north and west of the proposed subdivision, it is likely
that a vast majority of the traffic from the new development will flow along Nevada Avenue to
Lakeside Drive and over to Sycamore Street. The location of Grant Wood School on Lakeside
Drive adds another element that increases the probability of pedestrian-motor vehicle conflicts
along this collector street. If an additional street connection to Sycamore Street is not provided for
Whispering Meadows, Part 4, the proposed development will add approximately 850 vehicle trips
per day to Lakeside Drive, an unacceptable level of traffic according to City standards.
While street crossings of the Sycamore Greenway should be minimized, another collector street
crossing will be necessary between Lakeside Drive and the future east-west arterial proposed
further south. Originally this collector street crossing was proposed further south as an extension
of Pinto Lane, on property also owned by the applicant. However, since the alignment of the future
east-west arterial has been moved north from what was originally planned, the Pinto Lane location
is no longer appropriate from a traffic circulation standpoint. Whispering Meadows Drive is in the
most logical location to provide needed traffic circulation for the proposed new development. It is
located approximately equal distance between Lakeside Drive and the future location of the east-
west arterial. For these reasons, staff recommends that Whispering Meadows Drive be extended
across the Sycamore Greenway to connect up with the future development of the General
Quarters subdivision and eventually over to Sycamore Street.
As an off-site improvement that is necessary for the development of this property. staff
recommends that as a condition of the rezonina from RS-8 to RS-12 and the subsequent rezonina
from RS-8 and RS-12 to OPD-8 and OPD-12, the developer be responsible for constructina
Whisperina Meadows Drive to the west edae of the Sycamore Greenway. Given that the need for
this collector street is directly linked to the traffic that will be generated by future development of
the Whispering Meadows subdivision, for which the applicant is requesting an upzoning and a
sensitive areas overlay rezoning, the cost of constructing this street connection across the
Greenway should be borne by the applicant. It should be noted that the costs of building this
crossing should be offset by the fact that extending Whispering Meadows Drive rather than having
it end in a cui de sac will allow development of an additional two home lots.
A street connection is also proposed in the southeast corner of the plat. As proposed, the
extension of Blazing Star Drive will require the cooperation of the City because it cuts across the
corner of City-owned park property adjacent to the Sycamore Greenway. Allowing this street
S:IPCDlSlaff ReportslWhispering Meadow, Part4IREZ06-o0026.SUB06-QOO17.whispering meadow 4.doc
8
crossing location will benefit both the developer and the community; the developer will gain land
for the development of 3 or 4 additional lots on the east side of Blazing Star Drive and the
community will gain street access to a corner of City parkland. If at the time of final plat, the
alignment and grade of this street connection has not been determined, the City will accept an
escrow in lieu of construction of the road connection. However, a fire apparatus turnaround will be
required at the end of Blazing Star Drive. It is recommended that this turnaround be located on
the west side of the street.
Both Indigo Drive and Blazing Circle Drive will end in cui de sacs in order to limit impacts to the
wetlands and woodlands on the site.
Pedestrian circulation: Sidewalks are required along all streets within new subdivisions, including
along all outlots. The applicant is requesting a waiver of the sidewalk requirement along Outlot A
along the west side of Verbena Drive. Such sidewalk waivers have been problematic in the past.
It has been our experience that residents in neighborhoods where sidewalks have been waived
will later question why they have gaps in their sidewalk network and request that the City build
those sidewalks at public expense. The City recently adopted a "complete streets policy" that
calls for streets to be built for all users including pedestrians and bicyclists. Iowa City residents
have repeatedly expressed a desire for a complete sidewalk network along public streets. Staff
recommends strongly against granting a waiver of the sidewalk requirement, particularly in a
residential neighborhood.
The proposed plat indicates that an 8-foot sidewalk will be constructed in Outlot C between lots 94
and 112. Said outlot will subsequently be dedicated to the City. The Parks Department has
agreed to accept this outlot to satisfy a portion of the open space requirement for this
development. The developer will also establish a public access easement over the storm sewer
drainage easement next to lot 65 along Indigo Drive. This easement will provide access for area
residents to the private open space in outlot B.
Sanitary Sewer: A tap on fee of $1796.50 per acre is required for the South Sycamore
Sanitary Trunk Sewer.
Storm water management: South Sycamore Regional Greenspace and Drainage Corridor Fee
is required at $2,775.68 per acre.
Open Space: Dedication of 1.82 acres of land is required or fees dedicated in lieu of this
requirement.
Utility Tap-On Fees: A water main extension fee of $395 per acre is required.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00025, a request for a rezoning of 15.42 acres from Medium
Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) for
property located south and west of Whispering Meadows Drive, be approved subject to a
conditional zoning agreement specifying that the developer will be responsible for constructing
Whispering Meadows Drive to the west edge of the Sycamore Greenway to provide for adequate
secondary access for the property proposed for rezoning.
S:IPCDlStaff ReportslWhispering Meadow, Part 4IREZ06-Q0026.SUB06-QOO17.whispering meadow 4.doc
9
Staff recommends that REl06-00026/SUB06-00017, a request for a rezoning from Medium
Density Single Family Residential and High Density Single Family Residential (RS-8, RS-12), to
Planned Development Overlay 8 and Planned Development Overlay 12 (OPD-8 and OPD-12),
and the Sensitive Area Development Plan and preliminary plat for Whispering Meadows, Part 4,
an approximate 34.86 acre, 122-lot residential subdivision located west of Whispering Meadows
Subdivision, Parts 2 and 3, be approved, subject to resolution of deficiencies and discrepancies
noted below and subject to a conditional zoning agreement specifying that:
. Copies of all site visit reports and annual monitoring reports submitted to the Army Corps
of Engineers will be sent to the City;
. the wetland mitigation site will be monitored by a wetland specialist for as long as home
construction is occurring on lots that surround the wetlands with written reports submitted
to the City after every site visit (at least 3 reports per construction season), and any
damage to the wetlands repaired; and
. prior to final plat, submittal of a maintenance plan prepared by a wetland specialist and
approved by the City for the wetland areas and private open space within outlots A and B,
detailing long term maintenance responsibilities and estimates of maintenance costs.
DEFICIENCIES AND DISCREPANCIES:
. Missing sidewalk along Outlot A, along west side of Verbena Drive
. Technical discrepancies as noted by the City Engineer
ATTACHMENTS:
1 . Location Map
2. Preliminary Plat and Sensitive Areas Development Plan
3. Copy of wetland mitigation plan
Approved by:
'v1uJL <
Karin F nklin, Director
Department of Planning and Community Development
S:IPCDlStaff ReportslWhispering Meadow, Part 4IREZ06-00026.SUB06-00017.whispering meadow 4.doc
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April 30, 2007
City of Iowa City
Iowa City Planning and Zoning Commission
410 East Washington Street
Iowa City, IA 52240
Dear Members of the Zoning Commission:
This is concerning the application to build a subdivision west of Whispering Meadows
Drive (REZ06-00025 and REZ06-00026/SUB06-00017). I am a property owner near the
location of the prospective subdivision site. I purchased my home because the woodland
and wetlands behind my property. I enjoy the nature and the animals such a habitat
provides and I am writing you to protect it.
The palustrine wetlands are nontidal wetlands covering areas less than twenty acres with
up to 6.6 feet deep. Prairie glacial marshes of north central Iowa were formed about 10-
14 thousand years ago leaving behind these palustrine wetlands. In 1700-1800s, Iowa had
4-6 million acres of wetlands. It has dramatically decreased in size and numbers since
then. In "Wetlands: Losses in the United States 1780s to 1980s" report to Congress, Iowa
is one of the leaders in the loss of wetland areas with 89 percent lost. According to the
U.S. Geological Survey, the existing wetlands in Iowa is only about 1.2 percent of the
state area.
Whispering Meadow wetlands can be used for education and outreach. There are USDA
Wetland Programs throughout the state. If the wetlands are diminished, then how do we
teach and show our children nature's past and preserve it. Girl Scout Troop 1112 ofIowa
City, have spent many hours cleaning the wetlands and sowing seed balls they made to
preserve nature. However, there are other troops and organizations in Iowa who are
dedicated to the preservation of wetlands in Iowa, such as Boy Scouts of Des Moines,
Roland-Story School fourth grade class, Akron Community School students, as well as
science students who do water testing, soil testing, and surveys for insects and plants.
This is nature's education for Iowa children.
There are also a number of animals, birds, and plants that would not exist if part of the
wetlands were destroyed. Birds that can be seen in the wetlands of Iowa are the yellow-
headed and red winged blackbirds, pied-billed grebe, American coot, green backed heron,
spotted sandpiper, common yellowthroat, mallard ducks, and Canadian geese. The
wetlands also supply a habitat to the muskrat, skunk, weasel, raccoon, red fox, white-
tailed deer, mice, and shrews. Plants that are typically seen around the habitat include
smartweed, sedges, cattails, horsetails, white water lily, duckweed, jewelweed. If the
habitat was destroyed, these animals and birds would have to establish a home elsewhere.
Thus, overcrowding the existing wetland habitats and the plants would no longer exist.
My daughter is part of the Girl Scout troop that is doing their part to preserve the
wetlands in Iowa City. She encouraged me to write this letter. As adults, we are too
involved in the hustle and bustle of life, work, and providing a home to our family. How
often do we take the time to sit and revel in nature; watch the birds fly; listen to the creek
flow; or seek the early hours to enjoy the deer family in the field. Remember, as a child,
how we watched intently as an insect walk across a leaf or blade of grass; or the thrill at
seeing or hearing a fox, deer, duck, woodpecker,"or geese. If you should take a stroll
behind my home or on the Greenway path, nature sings to you and the plants dance.
Please do not grant the application for the' building of residential homes in this area for
the sake of children's curiosity, education, and my therapy.
Thank you for your time and consideration of this letter.
Sincerely,
~~
Tamara Smith
30 Regal Lane
Iowa City, IA 52240
319-358-7349
~x8~
Tia Smith
Girl Scout Troop #1112
TO MBHG INVESTMENT COMPANY,MMS CONSULTANTS,BRAD HOUSER AND ANY
PERSON CONNECTED WITH THE DEVELOPMENT OF THE REMAINING WHISPERING
MEADOWS PARCEL.
W,THE UNDERSIGNED, WOULD LIKE TO MAKE IT KNOWN WE DO NOT WANT THE
WOODED AREA IN THE ABOVE MENTIONED PARCEL TO BE CUT DOWN OR DESTROYED
IN ANY MEASURE. THESE TREES SHOULD STAY AS A PROTECTED AREA FOR DEER,
RACCOON,PHEASANT,OWLS,SQUIRREL,RABBITS AND MAY TYPES OF BIRDS. BY
REMOVING ANY OR ALL OF THESE TREES YOU WILL BE TAKING AWAY A SMALL
BUT NECESSARY WILDLIFE HABITAT.
NAME
ADDRESS
~
TO MBHG INVESTMENT COMPANY,MMS CONSULTANTS,BRAD HOUSER AND ANY
PERSON CONNECTED WITH THE DEVELOPMENT OF THE REMAINING WHISPERING
MEADOWS PARCEL
WE,THE UNDERSIGNED, WOULD LIKE TO MAKE IT KNOWN WE DO NOT WANT THE
WOODED AREA IN THE ABOVE MENTIONED PARCEL TO BE CUT DOWN OR DESTROYED
IN ANY MEASURE. THESE TREES SHOULD STAY AS A PROTECTED AREA FOR DEER,
RACCOON,PHEASANT,OWLS,SQUIRREL,RABBITS AND MANY TYPES OF BIRDS. BY
REMOVING ANY OR ALL OF THESE TREES YOU WILL BE TAKING AWAY A SMALL
BUT NECESSARY WILDLIFE HABITAT.
NAME
ADDRESS
L~
~
I (
~l/
A
IN
TO MBHG INVESTMENT COMPANY,MMS CONSULTANTS,BRAD HOUSER AND ANY
PERSON CONNECTED WITH THE DEVELOPMENT OF THE REMAINING WHISPERING
MEADOWS PARCEL.
WE,THE UNDERSIGNED, WOULD LIKE TO MAKE IT KNOWN WE DO NOT WANT THE
WOODED AREA IN THE ABOVE MENTIONED PARCEL TO BE CUT DOWN OR DESTROYED
IN ANY MEASURE. THESE TREES SHOULD STAY AS A PROTECTED AREA FOR DEER,
RACCOON,PHEASANT,OWLS,SQUIRREL,RABBITS AND MANY TYPES OF BIRDS. BY
REMOVING ANY OR ALL OF THESE TREES YOU WILL BE TAKING AWAY A SMALL
BUT NECESSARY WILDLIFE HABITAT.
NAME
ADDRESS
20 Am~r LrL
d j A vt! 1 tV' L A/
TO MBHG INVESTMENT COMPANY,MMSCONSULTANTS,BRAD HOUSER AND ANY
PERSON CONNECTED WITH THE DEVELOPMENT OF THE REMAINING WHISPERING
MEADOWS PARCEL.
WE,THE UNDERSIGNED, WOULD LIKE TO MAKE IT KNOWN WE DO NOT WANT THE
WOODED AREA IN THE ABOVE MENTIONED PARCEL TO BE CUT DOWN OR DESTROYED
IN ANY MEASURE. THESE TREES SHOULD STAY AS A PROTECTED AREA FOR DEER,
RACCOON,PHEASANT,OWLS,SQUIRREL,RABBITS AND MANY TYPES OF BIRDS.BY
REMOVING ANY OR ALL OF THESE TREES YOU WILL BE TAKING AWAY A SMALL
BUT NECESSARY WILDLIFE HABITAT.
NAME
ADDRESS
_..''''\J \
.21 o~ f;'l /lIt ({iJf.r
;
L.c.J..v~
~._._._-
{ (Jj/ "70 Gl-t"J"
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7
Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232
ORDINANCE NO. 07-426:;;
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 righ~-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 squth right-of-way line of Highway 1; west
on the south right-of-way line of Highway 1 to Kitty LElle 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 al~ng 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. 07-4265
Page 2
Passed and approved this..l.2..tll day of .June
~u~
ATTEST: fh/7~ 11. 7\aM./
CITY~K
AP7ed by /}
~ tl1tf1 A lh.uA1 f/If7JI/d/
City Attorney's Office
ppdadm/ordlprecincts5-22.doc
,20~.
Ordinance No. 07-4265
Page ~
It was moved by Bailey 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 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
6/27/2007
Moved by Bailey, seconded by O'Donnell, that the rule requlrlng 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: Wilburn, Bailey, Champion, Correia,
Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.
f'/\.,.. ?
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030
ORDINANCE NO. 07-4266
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.
Ordinance No. 07-4266
Page 2
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 19thdayof June ,2007.
c#k u1L--
MAYOR
ATTEST ~i'- ~
CI LERK
Approved by
/k ij/lzurzwnzl/ Shd k)~
City Attorney's Office
Ordinance No. 07-4266
Page ~
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:
x
x
x
x
x
X
X
First Consideration 6/5/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration ----------------
Vote for passage:
Bailey
Champion
Correia
Elliotf
O'Donnell
Vanderhoef
Wilburn
Date published
6/27/2007
Moved by Vanderhoef, seconded by Bailey, 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, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.
~
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 4,
ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE
TEMPORARY SIDEWALK PERMITS FROM THREE (3) DAYS TO FOUR (4) DAYS.
WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians;
WHEREAS, section 10-3-4 provides that the City may issue two permits each year to businesses for
the commercial use of City sidewalks for up to three (3) consecutive days per permit;
WHEREAS, the Downtown Association of Iowa City has requested that the City Code be amended to
increase the duration of the temporary use of sidewalk permit from three (3) days to four (4) days; and
WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks for an additional
day.
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 4, entitled "Temporary Use of Sidewalk Permits," is hereby
amended by deleting the first unnumbered paragraph of Section 4 in its entirety and by substituting in its
place the following new unnumbered paragraph:
The City Manager or designee is authorized to issue no more than three (3) Temporary Use of
Sidewalk Permits per calendar year to businesses or business organizations for any commercial
purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory
vendors, and mobile vending carts. Two (2) Temporary Use of Sidewalk Permits shall be limited
to the temporary use of sidewalks and public right-ot-way abutting said businesses and shall be
limited to no more than four (4) days for anyone permit. One (1) Temporary Use of Sidewalk
Permit shall be limited to the temporary use of sidewalks and public right-of-way abutting said
businesses and shall be limited to Friday evenings between the hours ot 5:00 PM and 9:00 PM,
for the period beginning the second Friday of May and ending on the third Friday of September of
each year.
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 V. 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
~~ <"o-((~C}
City Attorney's Office
sue/ord/S-W DaysOrd,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 6/19/2007
Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
,
Uo-l~-U{
10 J
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5,
ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 9, ENTITLED
"AMATEUR FIGHTING AND BOXING" TO PROHIBIT AMATEUR FIGHTING AND BOXING AT
ESTABLISHMENTS THAT ARE LICENSED TO SERVE ALCOHOL.
WHEREAS, the State of Iowa regulates professional, but not amateur, fighting and boxing; and
WHEREAS, it is in the best interest of the City to prohibit amateur boxing and fighting that occurs in
establishments serving alcohol.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby
amended by adding a new Section 9, entitled "Amateur Fighting and Boxing" as follows:
A. No person, individual, association, corporation, partnership or club holding a liquor control
license, wine or beer permit, which authorizes on the premises consumption, nor his or her
agents or employees shall allow an amateur fighting or boxing match to occur on said
premises.
B. No person shall participate in an amateur fighting or boxing match in an establishment holding a
liquor control license, wine or beer permit, which authorizes on the premises consumption.
C. No person shall promote, advertise, or organize an amateur fighting or boxing match in an
establishment holding a liquor control license, wine or beer permit, which authorizes on the
premises consumption.
D. "Amateur fighting and boxing match" means a boxing, wrestling, mixed martial arts fighting,
extreme fighting, ultimate fighting or shoot fighting match, contest, event or exhibition for which
the contestants are not paid or awarded a prize for their participation.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a $500.00 fine and imprisonment not in excess of thirty (30) days or a municipal infraction
punishable by a civil penalty of $750.00 for first offense and $1,000.00 for second and subsequent
offenses.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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.
Passed and approved this _ day of , 2007.
MAYOR
ATTEST:
CITY CLERK
Approved by ~".
~~ (;,-13'-61
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
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration . 6/ t 9/2007
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bail~y, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Page 1 of 1
Marian Karr
From: Ross Wilburn
Sent: Thursday, June 07,20072:22 PM
To: Tina Fenske
Cc: Council
Subject: RE: Ban Amateur Fighting
Thanks for your input on this matter. FYI, council is having a proposed ordinance banning amateur fighting in
places with a liquor license. Keep your eye in the news for when it will be considered.
Thank you.
Ross Wilburn
Mayor
From: Tina Fenske [mailto:tinalfenske@yahoo.com]
Sent: Thu 5/31/2007 3:46 PM
To: Ross Wilburn; Regenia Bailey; Amy Correia; Dee Vanderhoef
Subject: Ban Amateur Fighting
I hope that yau suppart banning amateur fighting in drinking establishments. This dangerous activity has
gane an far too lang. My husband, who is a legitimate trainer in Muay Thai kickbaxing, has witnessed
several major issues with fight night at the Union Bar. He has witnessed the nurse not responding
immediately ta a knock aut, witnessed 2 female appanents being physically pulled tagether ta fight and
tald that they signed up to fight so they had to. He has also been made aware that a professional fighter
(who trained with Pat Miletich, a renown prafessian trainer/legend) fighting at Fight Night. These
examples are .only a few afI'm sure many vialations. Anyane can see that a majar injury, ifnat fatality
is bound to happen. Please support the ban an amateur fighting in drinking establishments.
Thank you,
Tina Fenske
8:00? 8:25? 8:40? Filld..Jl.Jlick in na time
with theY.ahQQlB~archmovie showtiQ1e~hortcIJL
6/7 /2007
Page 1 of2
~la
Marian Karr
From:
Fiteiowa@aol.com
Saturday, June 16, 2007 2:46 AM
Council
Sent:
To:
Cc: Fiteiowa@aol.com
Subject: Fight Night at The Union
This correspondence will become a public record.
City Council members,
This is Monte Cox, the promoter of the Wednesday Night Fights at The Union Bar.
I am currently at a mixed martial arts event in Belfast, Ireland... but wanted to try to better communicate in an
email my position on the Fight Night issue. I don't think I was able to get all the points across when I was
allowed to speak at the Council meeting. I would have loved to answer questions, but understand that was
not possible at that time.
My history: I have been an Iowa resident for the last 19 years and am the former sports editor and news editor
for the Quad-City Times newspaper in Davenport. I am generally considered the top manager and one of the
founding promoters of the sport in the United States. I have had dozens of feature articles done in magazines
and newspapers on my career, including a recent one in Sports Illustrated... in short, I am an expert in the
sport, having held more than 500 major events across the country and abroad and another 500 weekly events
(like at The Union) in the last seven years.
The events: The weekly shows have been going on for more than seven years in Iowa... they are legal and
well run by the crew I designate for the job. I include a quality referee, solid cornermen, an announcer and a
medical presence (usually a doctor, EMT or nurse). In seven years, we have never been shut down, we have
never been in the newspaper for problems, or causing problems.
Iowa City: We have held 12 events in Iowa City this year and there have been no problems... inside the bar or
outside. The Police Chief himself said there have been no problems. With this being the case, I don't
understand why the Council would even consider trying to regulate an event that is legal and causing no
problems? It seems you want to base your decision on what MIGHT happen rather than simply look at the 12
weeks of shows to see what ACTUALLY happens. We had a TV station come out"to the show last Wednesday
night after the show and the newscaster couldn't believe what she saw. She said it was nothing like what
everybody is saying.
Take a look: I am urging the Council to go to the next Wednesday Night event... at least take a look at what
you are considering banning. Don't ban something without at least seeing it... this was the message the State
Senate gave when it refused to ban the sport a few years ago. A group decided to attend a weekly event in Des
Moines and after seeing it voted down the bill to ban it. Please give us the courtesy of at least KNOWING what
you are banning.
The sport: This isn't an issue of whether the sport is good or bad... that has already been decided by the state,
which sanctions it on the professional level. This is the fastest growing sport in the country and generated $230
million in Pay-Per-View revenue last year. Events have been held this year at almost every major arena in
Iowa... U.S. Cellular, Vets Auditorium and most recently in Ames at Hilton Coliseum. In 1996, one state official
was quoted as saying he didn't care for the sport, but figured "the people of Iowa will determine whether this
sport makes it or not through their support and attendance." Now, 11 years later, the people have clearly
spoken... not only in Iowa, but across the country.
Amateur event: The people of Iowa City have also spoken... the attendance at The Union when school was in
session topped out at 650... it is the biggest night of the week for the bar and the show still brings in 300 people
6/18/2007
Page 2 of2
during summer school. This is simply entertainment... it is combat sport that people want to see... if somebody
doesn't like it, don't come. The only way it can affect somebody is if they enter the bar, pay $10 and watch it.
What goes on: The amateur shows are designed to give people who train in the sport of MMA a place to
practice their skills. Athletes are weighed, given a physical, and paired up by weight and EXPERIENCE. Often
fighters don't get to compete because there isn't a match for an opponent. If we were doing lots of mismatches
and people were getting hurt, I could see your concern... but that is not happening. We have a great track
record in 12 weeks... please consider this instead of focusing on concerns that have not become a reality.
Alcohol: Separating the event from a venue that sells alcohol will kill the event... plain and simple. The reason
we can put on the events is because the venue offers to host it for free in order to make money from alcohol
sales. In 12 weeks we have had no problems holding the event at The Union... if you do this to Fight Night,
when does it stop? What about Country Night if fights occur? What about any event in a bar?
Citizens: Why not let the citizens of Iowa City decide if they want Fight Night? Are they too stupid to choose for
themselves... should you do it for them... especially without having even seen it? Is that what the people want
you to do? I've receive so many emails from people who have read about this in the papers and they are not
happy... they see this as an abuse of power and say it isn't the first time.
In closing: I guess the biggest question I have is why? Why are you even considering banning a legal event
that has had no problems through 12 weeks? Why are you getting involved? How can you make a decision on
such a matter after giving the opposition only 5 minutes to speak? Don't you want to know more? Don't you
think you should see what you're voting on?
I'll be back in Iowa on the 18th and will be there until the 22nd. I would be more than happy to discuss
anything... or answer questions you may have. I'll drive to Iowa City again, if necessary.
Thank you for your time,
Monte Cox
641 821-0300
See what's free at AOL.com.
6/18/2007
Page 1 of 1
:~ /0
Marian Karr
~~~,~<<~, <<-,<<
From: dlwashbu@rockwellcollins.com
Sent: Tuesday, June 19,200710:32 AM
To: Council
Subject: Wrestling at the bars
To Whom it may concern,
I just wanted to relate an incident that occurred with my son while at the University. This incident occurred a week
before finals. His friends and him were attending the local sports bar which hosts the fights. Their roommate
decided he wanted to wrestle. He is not a big kid and has done a little bit of wrestling but not often. They paired
him up with one of the bigger guys. Unfortunately he did loose but in the process sustained what my son and his
other roommates decided was a small concussion. He said that after the fight he was not as with it as they felt he
should be. The only reason I knew about it was that I saw it in the paper after Andy told me he was up the whole
evening with his roommate. They felt that they needed to be up with him to make sure that he didn't have a
concussion. I asked Andy if anyone checked him out that evening and he said no - they only have some nursing
students on hand and he didn't feel they were qualified to make a diagnosis.
I think this is very dangerous and that the bar should at least have a physician on site to make sure these kids
aren't hurting themselves. Andy said that John did get sick (he was not drinking) after the fight and they were
concerned for him. I just think that this could lead to some serious injuries and someone might start to take legal
action if they were really hurt. Since no one on site really had any extensive medical experience this is not a
smart thing to do.
My son (hopefully) is smart enough not to get involved but there are some kids (like his roommate) who are game
for anything. I knew that you were discussing this in your city council meetings and wanted you to be aware that
there are incidents that are not being reported. If you have any further questions please don't hesitate to call me.
My cell phone # is 319-651-8557.
Thanks,
Deb
Debbi L. Washburn
ATS/PS Mktg Forecasting
319-295-3532
124-110
6/19/2007
crJ
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 11, ENTITLED "FARMER'S MARKET," TQ ALLOW FARMERS ~ARKET
VENDORS TO PREPARE AND SELL FO.OD IN CHAUNCEY SWAN PARK.
WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey
Swan parking ramp;
WHEREAS, the Farmers Market Advisory Committee recommends that the Farmers Market be
expanded to allow up to four (4) vendors to sell food from Chauncey Swan Park that has been cooked or
grilled on site; and
WHEREAS, it is in the City's interest to permit Farmers Market vendors to cook and grill food in
Chauncey Swan Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market,"
Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market,
Farmers Market Vendor, Season Vendor, and Stall and inserting the following new definitions:
FARMERS MARKET: An open air market sponsored by the city in Chauncey Swan parking ramp and
Chauncey Swan Park that is intended to provide an opportunity for individuals to sell permitted items that
are grown or produced by them, which conform to all applicable city, county and state health and safety
provision, including state department of agriculture regulations.
FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell
items in the farmers' market or who is a grilling vendor.
GRILLING VENDOR: Person who is authorized under this chapter to occupy a grilling site to grill or cook
food and offer the prepared item for sale. A grilling vendor who grills or cooks food on site may in
addition sell non-alcoholic beverages that have been prepared on site.
GRILLING SITE: One of four locations designated by the director in Chauncey Swan Park that a grilling
vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this
chapter.
SEASON VENDOR: A farmers' market vendor who is authorized by the city to occupy a stall or grilling
site for the entire season.
STALL: A space designated by the director in Chauncey Swan parking ramp that a farmers' market
vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter.
2. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section
3, entitled, "Standards for Granting or Denying Authorization," is hereby amended by deleting
Subsections Band D and adding new Subsections Band D in lieu thereof and by adding a new
Subsection E:
B. A stall or grilling site is available.
D. If there are not sufficient stalls or grilling sites for all person who apply for a stall or grilling site, a
season vendor from the previous calendar year shall having priority over a person who was not a season
vendor from the previous calendar year.
E. Grilling Vendor Only.
(1) The grilling vendor has obtained insurance in a reasonable amount necessary to minimize risk
of harm to persons and property based on the intended use, as determined by the city's risk manager.
(2) The person has obtained all necessary permits required by the Johnson County health
department.
(3) No other grilling vendor is vending substantially the same food product.
(4) Such other requirements as the Director may establish in the administrative rules.
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.
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 2
Passed and approved this _ day of
.2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ b~(~--D~
City Attorney's Office
suelord/FmsMktGrillOrd.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 6/19/2007
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Cha~pion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
DEFEATED
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INITIATIVE PETITION ~;q ~\ -r,
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PROPOSED PUBLIC MEASURE: =.i c: -1 :,--n
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Whereas, it is in the public interest to provide, unless otherwise exempted by~1a* ofc..Qrdinance,
that a person shall have attained legal age (currently 21 years of age or more) to jiwfullfjle on the
premises between the hours of 10:00 P.M. to closing of any Iowa City establishment holding a
liquor control license, or a wine or beer pennit, that authorizes on premises consumption. .
Now, Therefore, Be it Resolved, that Article 4, Chapter 5, Section 8 of the City Code of Iowa
City _ entitled Persons Under Nineteen Years of Age in Licensed or Permitted Establishments .
shall be modified to replace "nineteen (19) years of age" wherever and however it appears within
such Section 8 with "the legal age".
.~
__..._____.__"R ..___~...____..~..__~___.__ -..,. ...~~ -~. ...~~...._... .---
--...- .---"# .-. ... ._._--,.._--~~ '.-.......... ....-.--.--...-.-..... ..--...--.-....-..--.--.--.....
DEFEATED
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 6/19/2007
Vote for passage: AYES: Wilburn, Correia. NAYS: Bailey, Champion, O'Donnell,
Vanderhoef, Elliott. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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[NOTE: The ~efini~on of "lega~ age" as specified in ~ection 123.3(1~) Code of lo~a, .currently be~n..fi~en~ne ~s of
age or more, IS proVIded by Article 4, Chapter 5, SectIon 1B of the City Code, which mcorporates ~ ~fere~ the~.
deftnitions in Chapter 123 Code oflowa.] r; :~~ ::: ',J
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4~S-8: PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMI1TED ESTABLISiiMENTS;
~TIO~XlllBIT
Additions are underlined; deletions are shown as strikeouts.
A. No person, individual, association, corporation, partnership or club hOlding a liquor control license, wine or beer
permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow a person who
has not yet attained the legal age to enter or remain in the licensed or permitted establishment between the hours of
ten o'clock (10:00) P.M. and closing.
B. H~wever, the provisions of subsection A of this section shall not apply when:
1. The person under the legal age is an employee of the license or permit holder, or performing a contracted service
for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours.
2. The person under the legal age is accompanied by a parent, guardian, spouse or domestic partner registered as such
under section 2-6-3 of this code who is the legal age or older.
3. The licensee or permittee applies for and qualifies for an exception certificate from the chief of police, or his or her
designee, as follows:
a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may
qualify for an exception by filing with the city clerk a verified statement from a certified public accountant or an
accountant which establishes that on average over a calendar year more than fifty percent (50%) of the licensee's or
permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine
. or beer, which sales shall not include income from fees charged to gain entry to or remain on the premises, such as
cover charges, drink mixes or any part of an alcoholic beverage as dermed in chapter 123 of the state code. The
statement shall state the actual percentage of such sales and be based on records made in the regular course of the
licensee's or permittee's business.
b. In addition to the aforementioned statement. proof of qualification for the exception may include the business
records on which the statement is based, state and federal tax records, applications for dramshop insurance and
audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased,
which records shall be made available to the chief of police or designee for review upon request.
c. The chief of police or designee shall issue an exception certificate if the licensee has satisfied the above
requirements;
d. An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer
permit.
e. A new licensee or permittee as opposed to one applying for a renewal of an existing license or permit, whose
primary business purpose is not the sale ofalcoholic beverages, wine or beer may obtain a temporary six (6)
months' exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection
B3a of this section and the licensee or permittee submits an affidavit which details the nature of the new
establishment and the anticipated percentage of sales of food and nonalcoholic beverages. At the end of the six (6)
month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the
license or permit in accordance with subsections B3a through B3c of this section if sales during the six (6) month
period support an exception.
f. To be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the
exception certificate issued by the chief of police or designee must be posted at every entrance to the licensed or
permitted establishment in view of patrons of the licensed or permitted establishments.
~-~~---_._------~._-_.-.__._---_._----'-_._.
4. The person under the legal age is on the premises during a time that the licensee or permittee has, in accordance
with a written notice and plan given in advance to and approved by the chief of police or designee, suspended
dispensing alcoholic beverages on the licensed premises. Said plan'must provide a method by which alcoholic
beverages will be out of sight and reach of patrons. If the plan is aPl'1:oved, the chief of police or designee shall issue a
certificate approving the event, which certificate shall be posted at every entrance to the licensed establislunent in
view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee
permitting such persons \Dlder the legal age onto the licensed premises pursuant to such a plan, and the agents and
employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic
beverages on said premises. (Ord. 034073, 5-6-2003, eff. 8-1-2003)
5. The person under the legal age is a patron of an "authorized entity" which has entered into an agreement with the
city for use of an "authorized site" in a city park. pursuant to subsection 4-S-3D of this chapter. (Ord. 044123, 4-20-
2004)
C. Between ten o'clock (10:00) P.M. and closing, no person under the legal age shall enter into or remain on the premises
of a licensed or permitted establishment which authorizes on the premises consumption unless:
1. The person is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2-6-3
of this code who is the legal age or older;
2. The person is an employee of the licensee or permittee or performing a contracted service for the license or permit
holder on the premises, and is on the premises during his or her scheduled work hours;
3. A valid exception certificate is posted pursuant to subsection B3 of this section or a valid certificate approving a
nonalcoholic event is posted pursuant to subsection B4 of this section; or (Ord. 034073, 5-6-2003, eff. 8-1-2003)
4. The person under the legal age is a patron of an "authorized entity" which has entered into an agreement with the
city for use of an "authorized site" in a city park. pursuant to subsection 4-5-3D of this chapter.
D. Unless a valid exception certificate under the provisions of subsection B3 of this section has been obtained and posted,
or a certificate approving a nonalcoholic event under the provisions of subsection B4 of this section has been obtained
and posted for the duration of the event or the licensed premises is an "authorized entity" which has entered into an
agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4-5-3D of this chapter, the
holder of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall obtain from
the city clerk and post a notice at every entrance to the licensed or permitted establishment in view of patrons of the
licensed or permitted establishment, stating:
Notice to Persons Under The Legal Age.
You are subject to afine of$250.00 for being on these premises between the hours of 10:00 p.m. and closing
unless:
1. you are accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3
of the City Code who is the legal age or older,' or
2. you are an employee of this establishment or perfonning a contract~d seryice with respect to this establishment
and are on the premises during your scheduled work hours.
Said notices will be prepared by the city clerk and available at no charge. (Ord. 04-4123, 4-20-2004)
E. 1. A person under the legal age who violates the provisions of subsection C of this section is guilty of a simple
misdemeanor punishable by a penalty of two hundred fifty dollars ($250.00).. -;;;
. .'. 0 6'
2. Violation of the provisions of subsection A or D of this section shall be a municipal~ti~ (Ord. 03-
4073,5-6-2003, eff. 8-1-2003) '~'~::' G; -1")
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Marian Karr
From: stephen vlastos [stephen-vlastos@uiowa.edu]
Sent: Monday, June 04, 2007 2:50 PM
To: Council
Subject: 21 only ordinance
Iowa City Council:
I begin with the following disclaimer: I do not own a bar or have any financial interest in a bar; in fact, i
rarely go to bars at all.
I follow with the claim that as a professor of history at the University ofIowa I have dedicated my
professional career to educating University ofIowa undergraduates: precisely the age cohort the
ordinance is targeting. The welfare and well-being of 18-20 year olds is of the great concern to me. If
there were any evidence the 2l-only ordinance would benefit the targeted population, I would support it.
But there just isn't any, as anyone who has studied Prohibition in the United States or similar
"temperance" movements in other societies knows all too well.
Adoption of the 2l-only ordinance will have only a marginal influence on the amount of underage
drinking in Iowa City. What it will surely change is where underage drinking takes place. The under-2l
crowd who now frequent downtown bars will move to "party" houses, where there are no age limits or
on amount of alcohol consumed. At present the under-2l crowd that frequents downtown bars is
constantly subject to the surveillance ofIowa City's police force and the staff of these establishments,
which, of course, does not eliminate but does limit, the extent of underage drinking. Adoption of this
ordinance will push underage drinkers into far more risky environments--characterized by a complete
absence of adult supervision. What benefit this?
The second fully predictable result will be an explosion in "party" houses, which already blight the near-
in residential areas of Iowa City. Most members of the City Council live in neighborhoods that will be
unaffected by this development. You may not even be aware of the current proliferation of "party
houses" and the extent of the problem of noise pollution associated with party houses. Nor are you
probably aware that despite the passage of an excellent noise ordinance, effective enforcement is very
difficult. Especially on Friday and Saturday evenings when the problems arise, the Iowa City police's
response time to a noise ordinance violation complaint is one two hours. Further, police rarely ticket
noise and behavior that disturbs the neighborhood.
The road to Hell is paved with good intentions. I do not doubt the sincerity of those who are pushing this
ordinance--just their wisdom. Adoption of this ordinance would be a terrible mistake.
Sincerely,
Stephen Vlastos
1346 E. Bloomington St.
Iowa City, IA 52245
338-8337
6/4/2007
Page 1 of 1
Marian Karr
From: CATHERINE ZAHARIS [zaharis2@msn.com]
Sent: Friday, June 01, 2007 3:05 PM
To: Council
Catherine Zahais
71 Heron Circle
Iowa City, IA
Age 46
Dear Council Membeffi,
I recently signed the 21 only petition at the Farmers' Market. I was told the petition was to put this issue on the
ballot for the citizens to decide. At the time, I was undecided myself, but thought a vote was a good idea.
I now see from the newspaper that the petition was for either enacting the 21 only in bars OR putting the issue to
a vote. I would not have signed that. That was not made clear to persons who signed the petition, so please do
not assume all of the signatories feel it should be enacted.
I have spoken to several 19-21 year olds, particularly young women, since I signed the petition. They have stated
they feel much safer at the bars versus house parties, and that safety for young women is not a topic I had
covered in my own thoughts, nor realized how that indeed might keep them safer.
I would prefer you put it to a vote versus enact the 21 only in bars. I now would probably vote no today on the law.
Catherine Zaharis
6/1/2007
iDG! -7 Ph I: 04
Dear Iowa City Council Members,
C'1T\/ (I p.)i/
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I am a seventeen year old high school student, currently attending City High
School. I am writing this letter because I feel compelled to do so; recently, I have
researched the topic of the proposed ordinance to change the legal age to be present in a
bar from nineteen years to twenty one. Over the course of my research, I have taken
information from a variety of different sources; ranging from the internet to a local bar
owner to friends of mine who frequent the downtown bars as University of Iowa
freshmen. I have formulated a single and unwavering opinion of the issue at hand due to
my research; that the bar age should remain at nineteen and the ordinance to change the
age to twenty one should be liquidated.
I acknowledge in full, that Iowa City has an increasing issue of alcohol abuse
among teenagers; a large majority of which centers around downtown Iowa City and the
University of Iowa's campus. However, I do not believe that the proposed ordinance is
the answer to solve Iowa City's problem. There are a few facts to take into account when
considering this issue, and therefore here are some ideas to consider assuming
hypothetically that the ordinance was passed. Young collage students and children in the
late teens would be more inclined to drink at "house parties" because downtown would
be off limits to those under the age of twenty one. House parties pose a higher danger
and risk of injury for the fact that they are unsupervised and unregulated, and would
increase the probability that intoxicated persons would get behind the wheel rather then
walk. Also, in theory if the ordinance were to be passed there would be a higher instance
of fake ID's being used to try and enter and obtain alcohol from bars.
This issue is obviously a very important one, but all other avenues should be
exhausted before taking drastic measures and changing the demographic of downtown;
which would effect Iowa City not only socially but economically. A large part of the
revenue attained at bars comes from cover, or charge to get in the door, supplied by
underage nineteen and twenty year olds. Taking this into consideration a large amount of
money would be lost by Iowa City and Iowa City's bar owners if only twenty one year
olds were allowed to enter bars.
There is unfortunately no quick solution to the problem of underage alcohol abuse; just
like everything it will take time to devise a concise strategy on how to combat alcohol
abuse on campus and downtown. The proposed city ordinance would either bring more
problems then it solved, or just cause the same statistics for alcohol abuse to be spread
out to alternative means of obtaining alcohol; while damaging Iowa City's social
atmosphere as well as economy.
Thank you for your time
and consideration.
Sincerely,
Kyle Messerle
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From:
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Matt Visek [gtskhaki@yahoo,com]
Tuesday, June 19, 2007 10:46 AM
Council
21-only
21-only in bars after lOpm would be excellent news for liquor stores.
But instead of police being able to concentrate enforcement on a largely centralized bar-
going crowd, they would be charged with policing private parties spread throughout local
residences, where partiers will be more likely to disturb neighbors, damage property, and
take advantage of ready access to vehicles.
That, or people under 21 will just stop drinking. Maybe this attempt to change human
behavior through legislation will work for the first time in history.
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CITY OF IOWA CITY~
MEMORANDUM
Date:
June 13, 2007
To:
City Council
From:
Doug Boothroy, Director of Housing and Inspection Services
Andy Rocca, Fire Chief
Tim Hennes, Senior Building Inspector
Roger Jensen, Deputy Fire Chief
John Grier, Fire Marshal
Re:
Revised Proposals Dated 6/7/07 for Life-Safety Requirements in Existing A-2 and B
Occupancies with Alcoholic Beverage Division License
Included in your packet is a revised ordinance dated 6/7/07 that we believe addresses the
concerns and agreements discussed at Council's last meeting held on 6/5/07. The revisions to
the Life-Safety requirements affect only existinq A-2/B businesses with an ABDL. With regard to
new A-2/B occupancies with an ABDL, there have been no changes to the proposed ordinance
(Le., voice alarms, sprinklers, illumination requirements, and exiting width are required as
originally proposed).
The proposed changes to existing A-2/B occupancies with an ABDL are as follows:
1. Voice alarm systems not required
2. Illumination to 10 foot candles at a height of 30" above the floor not required
3. Only A-2/B occupancies with ABDL are required to be sprinkled. For example, A-2/B
occupancies with an ABDL located above or below the ground floor are not required
to sprinkle a business located on the ground floor. Specifically, the Sky Box and
Dublin Underground must be sprinkled because they are located above/below the
ground floor, but would not be required to sprinkle a business located on the ground
floor.
The changes to the proposed ordinance have been reviewed by Leah Cohen (Bo James) and
Rebecca Needs (the Chamber of Commerce) as representatives of impacted businesses, and
they agree with the changes. Also, included in your packet is a summary of the proposed
ordinance changes and life-safety loan program.
hisadm/mem/lifesafety-revisions6-11.doc
6/07/07
SUMMARY
Proposed Life-Safety Amendments for
Existine A-2 and B Occupancies with
State of Iowa Alcoholic Beverage Division License (ABDL)
ReQuirements
I. A-2 Occupancies with an ABDL and an occupant load of 299 or more.
(a) Automatic sprinkler system within 3 years.
Sprinklers
1. Joe's Place
2. Old Capitol Brew Works
3. One-Eyed Jakes*
4. The Picador
5. The Que
6. The Union
*Sprinkler system required only in the A-2 occupancy.
2. A-2 and B Occupancies with an ABDL located above or below the ground floor
with an occupant load of 298 or less.
Automatic sprinkler system within six years.
7. One Twenty Six
8. Quinton's
9. Restaurant Verde
10. Panchero's
11. Quality Inn & Suites
1. The Airliner
2. Atlas World Grill
3. Giyanni's
4. Iowa City Yacht Club*
5. The Sky Box*
6. Dublin Underground*
*Sprinkler system required only in the A-2 occupancy.
3. A-2 Occupancies with an ABDL with an occupant load of 100 to 298 and single
business, single story, stand alone A-2 occupancies with an occupant load of 299
or more.
Automatic sprinkler system with change of ownership.
I. 808 RestaurantlNightclub
2. Bob's Your Uncle (W)
3. The Deadwood
4. ETC
5. Farras
6. India Cafe
7. Micky's
8. Pagliai's Pizza
9. Rick's Grill & Spirits
10. Sanctuary Restaurant
11. Studio 13
12. The Vine
13. VFW Post
14. Aoeshe
15. American Legion
16. Carlos O'Kelly's
17. EI Ranchero
18. Elks Club
19. Fitzpatrick's
20. Godfather's Pizza
21. Grizzly's Pub & Grill
22. The Ground Round
23. Kandy Land
24. Los Portales
25. Pizza Hut
26. Eagles
27. LaCasa
28. The Mill
29. Moose Lodge
30. Wig & Pen
Life Safety Improvement Incentives
The following incentives are ayailable up to 3 years from date of ordinance adoption to all
existing A-2/B occupancies required to upgrade Life-Safety systems:
1. City loan at 1 % interest amortized oyer ten years.
2. Fire service water line installed to the building and paid for by the City
6/7/20079:09 AM Hisadmin/A-2 amendments.doc
6/13/07
SUMMARY
Fire and Life-Safety Improvement Loan Program for Existing
A-2 and B Occupancies with an Alcoholic Beverage Division License (ABDL)
Eliaible Businesses
Existing A-2 and B occupancies with an ABDL (approximately 47 businesses) required to
upgrade Life-Safety systems.
Enrollment Period
. Thirty-six months (3 years) from effective date of ordinance.
. Work and construction contracts to be approved by the City prior to start of work.
. Work started or signed construction contract within 36 months.
Eliaible Fire and Life-Safety Improvements
The cost of materials and labor to install sprinkler systems
Loan Proaram
. Loan not to exceed cost of labor and materials for required Life-Safety improvements.
· 1 % interest loan.
· Term of loan not to exceed 10 years.
. Loan secured either by lien or letter of credit prior to loan approval.
. Cost of lien or letter of credit (e.g. origination fees, etc.) to be paid by property owner.
. Change of ownership would require loan to be due and paid in full.
Distribution of Funds
Completion of work approved by the City or "pay as you go" with City approval of contractor's
statement.
Hisadm/lifesafety loan-grant.doc
.-+40 ~- ".:::t
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. . ,'-""
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 ORDAINED 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 299 or more with an Alcoholic Beverage
Division License (ABDL) shall comply with Section 903.2.1.2 by July 1, 2010.
Exemption: Single business occupancies in single story non abutting 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 ABDL shall comply with Section 903.2.1.2 by July 1, 2013.
C. Existing B Occupancies located on a floor other than the level of exit discharge and with an
ABDL shall comply with Section 903.2.1.2 by July 1, 2013.
D. All existing A-2 Occupancies with an occupant load of 100-298 with an ABDL shall comply
with Section 903.2.1.2, 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 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. Existinq Group A-2 Occupancies and Group B Occupancies. An automatic sprinkler system
shall be provided throughout the A-2 occupancy if one of the following conditions exists:
1) The A-2 occupancy 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 occupancy 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 8 Occupancies located on a floor other than the level of exit discharge and which
have an ABDL; or
4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are
not regulated in 81 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.
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 throughc;:>ut buildings and portions
thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
2
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system
shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where
the group B occupancy with a new ABDL 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 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.
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 throughout the A-2 occupancy if one of the following conditions exists:
1) The A-2 occupancy 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 occupancy 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 located on a floor other than the level of exit discharge and which
have an ABDL; or .
4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL 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.
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 new Group Boccupancies with an ABDL or existing group B occupancy with a new (not a
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system
shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where
the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and
the level of exit discharge.
3
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 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 unconsthutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect upon publication.
Passed and approved this _ day of
,20_.
MAYOR
ATTEST:
CITY CLERK
tZ:7~
City Attorney's Office
& -Iq-O-?
Hisbldg/ord/life safety a-2 occ.doc
6/7/2007 9:20 AM
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
that the Ordinance
First Consideration 6 / 19 / 2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~~
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 FI
PROTECTION, AND TITLE 17, ENTITLED BUILDING AND HOU
FIRE AND LIFE SAFETY REQUIREMENTS FOR NEW AND
AND B OCCUPANCIES.
PREVENTION AND
ING TO ESTABLISH
ISTING GROUP A-2
WHEREA City Code Section 7-1-1 adopts the International Fire ode and City Code Section 17-1-
1 adopts the Inte ational Building Code; and
WHEREAS, . Code Section 7-1-2 amends sections of the International Fire Code and City Code
Section 17-1-3 ame s sections of the International Building Code; and
WHEREAS, the . wishes to provide minimum thresholds for ~utomatic fire sprinkler systems, fire
alarm systems, and exit idth openings in Group A-2 occupancies; and
WHEREAS, the City ishes to provide minimum thresholds fqr automatic fire sprinkler systems in
Group B occupancies; and .
WHEREAS, it is in the bes interest of the City to adopt the amendments.
NOW, THEREFORE, BE I RDAINGED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1, Title 7, entitled "FIRE PREV
hereby amended as follows:
Section 102.1 Modify by adding a fift pplicability reqUire~nt to the end as follows:
5. A Existing A-2 Occupancies with n occupant load 0 299 or more with an Alcoholic Beverage
Division License (ABDL) shall co Iy with Section. 903.2.1.2, 907.3.1, and 907,3.1.9 by July
1,2010.
Exemption: Single business occupan 'es in single story nonabutting buildings.
B. Existing A-2 Occupancies with an occ ant load of 50-298 located on a floor other than the
level of exit discharge and with an ABDL hall c ply with Sections 903.2,1.2 and 907.3.1 by
July 1, 2013.
C. Existing B Occupancies where the fire area 's ocated on a floor other than the level of exit
discharge and with an ABDL shall comply h Sections 903,2.1.2 and 907,3.1 by July 1,
2013.
D, All existing A-2 Occupancies with an ABDL mply with Sections 903.2.1.2 and 907.3.1,
provided that there is a change in busin s ow rship, defined as the sale, transfer, or
assignment of any legal or equitable own ship inte st, except that the owner may show to
the building official's satisfaction that s I~ change i ownership is one of form and not
substance,
Section 903.2.1.2 Delete Section 903.2.1.2 and Insert in lieu there f the following:
903.2.1.2
A New Group A-2 Occupancies. An au matic sprinkler system shall be provided if one of the
following conditions exist:
1) The fire area exceeds 5,000 sq are feet;
2) The fire area has an occupant ad of 100 or more; or
3) The fire area is located on a fl or other than the level of exit disc rge,
B, Existinq Group A-2 Occupancies and Group B Occupancies. An aut atic sprinkler system
shall be provided if one of the fol owing conditions exist:
1) The A-2 fire area has an oc upant load of 299 or more and has an A L
Exemption: Single busines occupancies in single story nonabutting bu ings; or
2) The A-2 fire area has an cupant load of 50-298 and is located on a flOOz. other than the
level of exit discharge an has an ABDL; or
3) Group B Occupancies were the fire area is located on a floor other than the level of exit
discharge and which haJe an ABDL; or
4) Group A-2 Occupancies that have an ABDL 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.
TION AND PROTECTldN", Chapter 1, entitled "Fire Code," is
!
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 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 flo .
2) Group A- An automatic/manual fire alarm system and n emergency voice/alarm
communication syst shall be installed in Group A-2 occupancies w th occupant loads of 200 or
more in accordance w Section 907.2.12.2 of the 2006 International F, re Code. Activation of the fire
alarm shall additionally c use:
a. Illumination of the rotected premises to not less than 10 fo t-candles over the area of the
room at a height of inches above the floor; and
b. All conflicting or conf ing sounds and visual distraction to a tomatically stop.
Section 907.3 Delete the first s tence of section 907.3 and insert i lieu thereof the following:
An approved addressable manu I, automatic or manual and aut matic fire alarm system shall be
installed in existing buildings and struct res in accordance with section 907.3,1 through 907.3.9.
Section 907.3.1 Delete section 907. 1 and insert in lieu thereoft e following:
907.3.1 Occupancy requirements. A e alarm system shall be i stalled in accordance with Sections
907.3.1.1 through 907.3.1.9.
Section 907.3.1.9 Add a new section 90 3,1.9 to read as folio s:
907.3.1.9 Group A-2. An automatic/ma al fire alarm sy em and an emergency voice/alarm
communication system shall be installed in exist g Group A-2 oc pancies with occupant loads of 298 or
more in accordance with Section 907.2.12.2. of e 2006 Inter ational Fire Code. Activation of the fire
alarm shall additionally cause:
a. Illumination of the protected premises t not less han 10 foot-candles over the area of the
room at a height of 30 inches above the fl or; and
b. All conflicting or confusing sounds and visu I dis action to automatically stop.
The system shall be installed by July 1, 2022 or when t er is a change in business ownership, defined
as the sale, transfer, or assignment of any legal or equi Ie ownership interest, except that the owner
may show to the building official's satisfaction that sai ange in ownership is one of form and not
substance, whichever first occurs.
Section 1024.2 Delete the "exception" in Section 024,2'n its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupan ies where th e is no well-defined main exit or where
multiple main exits are provided, exits shall be p rmitted to be d tributed around the perimeter of the
building provided that the total width of egress is t less than 100 P cent of the required width.
2) The main entrance/exit of A-2 occupan es shall be of a widt that accommodates not less than
two-thirds of the total occupant load.
2. Titles 17, entitled "BUILDING AN HOUSING," Chapter Code," is
hereby amended as follows:
Section 903.2.1.2 Delete section 903.2. .2 and insert in lieu thereof th following:
903.2.1.2
A. New Group A-2 Occupancies An automatic sprinkler system sh
following conditions exist:
1) The fire area exceeds 5 00 square feet; or
2) The fire area has an 0 upant load of 100 or more; or
3) The fire area is locate on a floor other than the level of exit dischar e.
B, Existinq Group A-2 Occ ancies and Group B Occupancies, An autom ic sprinkler system
shall be provided if one f the following conditions exist:
1) The A-2 fire area h s an occupant load of 299 or more and has an ABDL
Exemption: Single usiness occupancies in single story nonabutting buildings; or
2) The A-2 fire area / as 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 ABDL 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 for and not substance.
Exemption: Single business occupancies in single story nonab ing 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 throug out buildings and portions
thereof used as GrouR B occupancies located on a floor other than the level exit discharge and with an
ABDL. The automatic,sprinkler system shall be provided throughout the fl r area where the Group B
occupancy is located, a in all floors between the Group B occupancy and t e level of exit discharge.
Section 907.2.1 Del te the "exception" in Section 907,2.1 in its entiret and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2 cupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the buil . g is equipped throughout with an aut matic sprinkler system and the
alarm notification appliances will a ivate upon sprinkler water flow,
2) Group A-2. An automatl manual fire alarm system d an emergency voice/alarm
communication system shall be install in Group A-2 occupancies w' occupant loads of 200 or more in
accordance with Section 907.2,12.2. of e 2006 I nternational Fire C de. Activation of the fire alarm shall
additionally cause:
a. Illumination of the protected premis s to not less than 1 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 'sual distractio to automatically stop.
Section 1024.2 Delete the "exception" in S tion 1024. in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupanci s ere there is no well-defined main exit or where
multiple main exits are provided, exits shall be permi d to be distributed around the perimeter of the
building provided that the total width of egress is not I shan 100 percent of the required width.
2) The main entrance/exit of A-2 occupancies all e of a width that accommodates not less than
two-thirds of the total occupant load.
SECTION II. REPEALER. All ordinances and arts of or 'nances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATI S. The violatio of any provision of this Ordinance is a
municipal infraction.
SECTION IV, SEVERABILITY, If any se lon, provision or part 0 the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicatio shall not affect the valid I of the Ordinance as a whole or any
section, provision or part thereof not adjud ed invalid or unconstitution .
SECTION V. EFFECTIVE DATE. Thi Ordinance shall be in effect u on publication.
City Attorney's Office
Passed and approved this _ day 0
MAYOR
ATTEST:
CITY CLERK
APprov~~
Hisbldg/ord/life safety a-2 oce.doc
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Page I of I
* d--~
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
PROTECTlON, AND TITLE 17, ENTITLED BUILDING AND HOUSING TO ESTABLISH
FIRE ANDUFE SAFETY REQUIREMENTS FOR NEW ~D EXISTING GROUP A-2
AND B OCCU~NCIES. II \
WHEREAS, City CodeSection 7-1-1 adopts the Internation/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 he International Fire Code and City Code
Section 17-1-3 amends sections ofthe International Building ode; and
WHEREAS, the City wishes to ph~vide minimum thresh Ids for automatic fire sprinkler systems, fire
\
alarm systems, and exit width openings "in Group A-2 occup ncies; and
WHEREAS, the City wishes to provide minimum thr holds for automatic fire sprinkler systems in
Group B occupancies; and'.
WHEREAS, it is in the best interest of the ~ity to ado t the amendments.
NOW, THEREFORE, BE IT ORDAINED B\ THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA: '\
SECTION I. AMENDMENTS. "
1. Title 7, entitled "FIRE PREVENTION AND OTECTION", Chapter 1, entitled "Fire Code," is
hereby amended as follows:
Section 102.1 Modify by adding a fifth applicab ity re irement to the end as follows:
5. A. Existing A-2 Occupancies with an oc pant 10 of 299 or more with an Alcoholic Beverage
Division License (ABDL) shall compl with Sectio 903.2.1.2 by July 1, 2010.
Exemption: Single business occup cies in single ory nonabutting buildings.
B. Existing A-2 Occupancies with an ccupant load of 0-298 located on a floor other than the
level of exit discharge and with a ABDL shall comply ith Section 903.2.1,2 by July 1, 2013.
C. Existing B Occupancies locate on a floor other than t level of exit discharge and with an
ABDL shall comply with Sectio 903.2.1.2 by July 1, 2013.
D, All existing A-2 Occupancies ith an occupant load of 10 -298 with an ABDL shall comply
with Section 903.2.1.2, provi ed that there is a change in bu 'ness ownership, defined as the
sale, transfer, or assignm t of any legal or equitable owne hip interest, except that the
owner may show to the biding official's satisfaction that said c nge in ownership is one of
form and not substance.
Section 903.2.1.2 Delete Sectio 903.2.1.2 and insert in lieu thereof the foil
903.2.1.2
A. New Group A-2 Occu ancies. An automatic sprinkler system shall be
following conditions e ist:
1) The fire area ex eds 5,000 square feet;
2) The fire area ha an occupant load of 100 or more; or
3) The fire area is ocated on a floor other than the level of exit discharge.
B, Existinq Group A- Occupancies and Group B Occupancies. An automatic spri ler system
shall be provided roughout the A-2 occupancy if one of the following conditions eXI
1) The A-2 occu ancy 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 occupancy 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 located on a floor other than the level of exit discharge and which
have an ABDL; or
4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL 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.
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 new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
2
renewal) A8DL located on a floor other than the level of exit discharge. The automatic sprinkler system
shall be provided throughout the floor area where the new Group 8 occupancy with an A8DL or where
the group B occupancy with a new ABDL 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:
f) 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
comm nication system shall be installed in Group A-2 occupancies with occupant loads of 200 or
more in ccordance with Section 907.2.12.2 of the 2006 International Fire Code. Activation of the fire
alarm sha additionally cause:
a. IlIu . ation of the protected premises to not less than 10 foot-candles over the area of the
room a height of 30 inches above the floor; and
b. All confli ing or confusing sounds and visual distraction to automatically stop.
\, -
Section 1 024.2 Del~ the "exception'" Section 1 024.2 in its entirety and insert in lieu thereof the
following exceptions: "\
EXCEPTION: ',.,
1) Except for Group A-2, in'{lssem y occupancies where there is no well-defined main exit or where
multiple main exits are provided,'e,xits shall be permitted to be distributed around the perimeter of the
building provided that the total width f gress is not less than 100 percent of the required width,
2) The main entrance/exit of A-' ccupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
2. Titles 17, entitled "BUlL ING D HOUSING," Chapter 1 entitled "Building Code," is
hereby amended as follows:
Section 903.2.1.2 Delete sec on 903.2.1.2 nd insert in lieu thereof the following:
903.2.1.2
A. New Group A-2 Oc upancies. An auto atic sprinkler system shall be provided if one of the
following condition exist:
1) The fire area xceeds 5,000 square fee or
2) The fire are has an occupant load of 100 r more; or
3) The fire ar a is located on a floor other than e level of exit discharge.
8. Existinq Gro A-2 Occupancies and Group 8 0 upancies. An automatic sprinkler system
shall be pro ided throughout the A-2 occupancy if 0 of the following conditions exists:
1) The A occupancy has an occupant load of 299 more and has an A8DL.
Exe ption: Single business occupancies in single s ry nonabutting buildings; or
2) Th A-2 occupancy has an occupant load of 50-298 d is located on a floor other than
th level of exit discharge and has an A8DL; or
3) oup 8 Occupancies located on a floor other than the Ie el of exit discharge and which
ave an ABDL; or
Group A-2 Occupancies with an occupancy load of 100 or m e 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, tr sfer, or assignment of
any legal or equitable ownership interest, except that the owner ma show to the building
official's satisfaction that said change in ownership is one of form an ot substance.
Exemption: Single business occupancies in single story nonabutting bu dings.
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 build in and portions
thereof used as new Group 8 occupancies with an A8DL or existing group 8 occupancy with a new (not a
renewal) A8DL located on a floor other than the level of exit discharge. The automatic sprinkler system
shall be provided throughout the floor area where the new Group 8 occupancy with an A8DL or where
the group 8 occupancy with a new A8DL is located, and in all floors between the Group 8 occupancy and
the level of exit discharge.
3
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 no ification appliances will activate upon sprinkler water flow.
2) up A-2. An automatic/manual fire alarm system and an emergency voice/alarm
communicatl system shall be installed in Group A-2 occupancies with occupant loads of 200 or more in
accordance wit Section 907.2.12.2. of the 2006 International Fire Code. Activation of the fire alarm shall
additionally cause.
a. Illumination the protected premises to not less than 10 foot-candles over the area of the room
at a height of 30 inche
b. All conflicting or nfusing sounds and visual distraction to automatically stop.
Section 1024.2 Delete e "exception" in Section 1024.2 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in a e Iy occupancies where there is no well-defined main exit or where
multiple main exits are provided, ex shall be permitted to be distributed around the perimeter of the
building provided that the total widt of ress is not less than 100 percent of the required width.
2) The main entrance/exit of -2 0 upancies shall be of a width that accommodates not less than
two-thirds of the total occupant I d.
SECTION II. REPEALER. lordinances nd parts of ordinances in conflict with the provisions of this
Ordinance are hereby repeale ,
SECTION III. PENAL TIE FOR VIOLATIO . The violation of any provision of this Ordinance is a
municipal infraction.
SECTION IV. SEVERA ILlTY. If any section, pro 'sion or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, uch adjudication shall not a ect the validity of the Ordinance as a whole or any
section, provision or part ereof not adjudged invalid or u constitutional.
SECTION V. EFFE IVE DATE. This Ordinance shall e in effect upon publication.
~ <0, ( 1 -0 t
MAYOR
ATTEST:
CITYC
Hisbldg/ord/life safety a-2 occ.doc
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