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HomeMy WebLinkAbout2002-10-22 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ02-00010) ORDINANCE NO. 02-4046 AN ORDINANCE CHANGING THE ZONING DESIGNATION FROM LOW-DENSITY MULTIFAMILY RESIDENTIAL, RM-'I2, TO SENSITIVE AREAS OVERLAY LOW-DENSITY MULTIFAMILY RESIDENTIAL, OSA-12, ON 1.06 ACRES TO ALLOW A 14-UNIT MULTIFAMILY BUILDING LOCATED ON THE WEST SIDE OF FIRST AVENUE SOUTH OF STUART COURT. WHEREAS, the applicant, Craig Pettit, on behalf of.the properly owner, Chris Streeper, has applied for a rezoning from Low-Density Multifamily Residential, RM-12, to Sensitive Areas Overlay - Low-Density Multifamily Residential, OSA-12, for Lot 3 of First and Rochester Subdivision Part 1, a 1.06 acre property; and WHEREAS, approximately 59% of the property contains steep (18-24%) and critical (25-39%) slopes, and development of the property requires a Sensitive Areas Overlay rezoning and approval of a Sensitive Areas Development Plan according to City Code Section 14-6K-1C; and WHEREAS, the Sensitive Areas Ordinance states that grading and excavation shall be minimized on steep and critical slopes, and that one of the purposes of the Sensitive Areas Ordinance is to "provide for ecologically sound transitions between protected environmentally sensitive areas and urban development"; and WHEREAS, preserving a contiguous area of environmentally sensitive landscape should take precedence over preserving smaller segments of envirenmentally sensitive areas separated by buildings and pavement; and WHEREAS, the Sensitive Areas Development Plan illustrates the proposed building and parking as far north on the lot as possible, preserving much of the southern 1/3 of the property, which includes wooded critical slopes; and WHEREAS, the Sensitive Areas Ordinance encourages variations to dimensional requirements to minimize disturbance of environmentally sensitive features, and the applicant has proposed under-building parking and a smaller building footprint to reduce the overall footprint of the development, resulting in a 56'2" building height at its highest point. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The property described below is hereby redesignated from Low-Density Multifami[y Residential, RM-12, to Sensitive Areas Overlay - Low-Density Multifamily Residential, OSA-12, and the associated Sensitive Areas Development Plan is hereby approved: Lot 3, First and Rochester Subdivision Part 1. Iowa City, Iowa, recorded August 17. 1983. SECTION II. VARIATIONS. Section 14-6K-1-N-3-g of the City Code provides that maximum building height may be waived to encourage more compact development and allow the transfer of dwelling unit density from environmentally sensitive areas of the property to non-environmentally sensitive areas of the property if the design of the development results in sufficient light and air circulation for the building. The following waiver is approved as a part of the Sensitive Areas Development Plan: a. Waiver of the 35~foot maximum building height standard to allow for a building height of 56'2" on the east side and 46'2" on the west side of the building. SECTION IlL 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 this ordinance as provided by law, SECTION IV. CERTIFICATION ANO RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Sensitive Areas Development Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law, E~,~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 02-4046 Page 2 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 DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of October ,20_QZ__. MAYOR CITY C"I_E RK Approved by City Attorney's Off~e ppdadm/ord/rez~2~3O010,doc Ordinance No. 02-4046 Page 3 It was moved by Wi 1 burn and seconded by n' Ilnnnpl 1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X F~ab X Vanderhoef X Wilbum First Consideration 10/8/02 Voteforpassage:AYES:0'Donne11, Vanderhoef, Wilburn, Champion, Lehman. NAYS: Pfab, Kanner. ABSENT: None. Second Consideration .................... Vote for passage: Date published 10/30/02 Moved by Wilburn, seconded by 0'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed ~ suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Champion, Lehman, 0'Donnell, Pfab, Vanderhoef. NAYS: Kanner. ABSENT: None. Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E, Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 8.89 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM. HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20); CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A t.45 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM COMMUNITY COMMERCIAL (CC-2) TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL (RM-20); AND CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 1.45 ACRE PROPERTY LOCATED NORTH OF STATE HIGHWAY 1 AND WEST OF MILLER AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO COMMUNITY COMMERCIAL (CC-2). WHEREAS, Charles W. Ruppert, Marie Ruppert, Richard H. Rapport, Robert L Ruppert, Maxine Ruppert, Katherine C. Hogan, Eugene Hogan, Cleldon F. Ruppert, Herman G. Ruppert, Betty Lou Ruppert, and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners") own the subject property legally described below; and WHEREAS, the 8.69-acre property (hereinafter "Tract 1") is not suitable for high density residential development, because it contains steep and critical slopes and wooded ravines, is directly adjacent to a Iow density single family zone, has limited street access, and con.rains few pedestrian links north and south to major destinations; and WHEREAS, a certain portion of the property (hereinafter "Tract 2") is not suitable for commercial development, because it contains steep and critical slopes and wooded ravines, is separated from adjacent commercial development by rugged topography, and has limited street access; and WHEREAS, a zoning change from RS-8 to CC-2 for the 1.45 acre property (hereinafter "Tract 3") would increase the depth of potential commercial lots on the property to be consistent with adjacent commercially zoned property, thereby allowing adequate space to develop the property with commercial uses and for an adequate noise and sight buffer between commercial development and future residential development on property located north of the subject property; and WHEREAS, the Southwest District Plan, a component of the City's Comprehensive Plan, suggests commercial zoning for Tract 3 and RM-12, Low-Density Multi-Family zoning for Tract 1 and 2 of the subject property, with consideration for RM-20, Medium Density Multi-Family zoning, if appropriate conditions are met to satisfy public needs directly caused by the RM-20 zoning designation; and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions with rezoning approvals, over and above existing regulations, in order to satisfy public needs direcfiy caused by the zone change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to address issues of compatibility with the adjacent single family neighborhood located north and west of the subject property as called for in the Southwest District Plan, to provide adequate street infrastructure, to prevent traffic congestion along local streets, to provide important pedestrian links between neighborhoods, and to ensure appropriate development of an environmentally sensitive property located along Highway 1, an important entranceway into Iowa City; WHEREAS, the Owners have voluntarily agreed to develop and use the subject property in accordance with the terms and conditions of a Conditional Zoning Agreement to address the public needs referenced above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA: SECTION I. APPROVAL: Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the properties legally described below are hereby reclassified from their current zoning designation as follows: Ordinance No. Page 2 Tract '1: RM-44, High Density Multi-Family, to RM-20, Medium Density Multi-Family COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET; THENCE N89°52'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF BENTON MANOR, AS RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, WHICH IS THE POINT OF BEGINNING; THENCE N89°59'59"W, (A . RECORDED BEARING ALONG THE SOUTH LINE OF SAID BENTON MANOR), 421.42 FEET, TO THE SOUTHWEST CORNER THEREOF, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 25, OF WEEBER'S THIRD ADDITION OF IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, AT PAGE 14, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°,44'56"W, ALONG THE SOUTH LINE OF SAID LOT 25,225.28 FEET; THENCE WESTERLY 327.98 FEET TO THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD ADDITION TO IOWA CITY, IOWA; THENCE S00°13'05"W, 161.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER, OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TM PRINCIPAL MERIDIAN, AS RECORDED IN PLAT BOOK 9, AT PAGE 13, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°06'07"W, 468.18 FEET; THENCE N57°55'37"E ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1,369.85 FEET, TO A POINT WHICH IS 190.00 FEET, RADIALLY DISTANT NORTHWESTERLY OF CENTERLINE STATION 146+10; THENCE N71°35'52"E ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 696.87 FEET; THENCE N00°30'48"E, 211.15 FEET TO THE POINT OF BEGINNING. Tract 2: CC-2, Community Commercial, to RM-20, Medium Density Multi-Family COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 493.66 FEET TO THE POINT OF BEGINNING; THENCE N89°52'33"W, 337.07 FEET, TO THE SOUTHEAST CORNER OF BENTON MANOR, AS RECORDED IN PLAT BOOK 22, AT PAGE 22, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°30'48"W, 211.15 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1; THENCE EASTERLY 335.95 FEET ALONG THE NORTHERLY RIGHT*OF-WAY LINE OF SAID IOWA PRIMARY ROAD NO. 1; THENCE NORTHERLY 168.23 FEET TO THE POINT OF BEGINNING. Tract 3: RS-8, Medium Density Single Family Residential, to CC-2, Community Commercial COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE 5TM PRINCIPAL MERIDIAN; THENCE S00°30'48"W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 377.86 FEET TO THE POINT OF BEGINNING; THENCE S89°52'33"E, 542.11 FEET; THENCE S02°30'00"E, 115.92 FEET; THENCE N89°52'33"W, 548.21 FEET, TO A POINT ON SAID WEST LINE OF THE SOUTHEAST QUARTER; THENCE N00°30'48"E, ALONG SAID WEST LINE, 115.80 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1.5 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTON I1. ZONING MAP. Upon final passage, approval and publication ofthe ordinance as provided by law, 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. SECTON II1. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the Owners of the subject property and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed Ordinance No, Page 3 to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same in the Office of the County Recorder of 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 ,2002. MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by. and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 10/8/02 Vote for passage: A.yes : Pfab, Vandet'hoef, I~i]bu~-n, Champion, Kannet*, Lehman, 0'Donnel]. NAYS: None. ABSENT: None. Second Consideration 10/22/02 Voteforpassage:AYES: 0'Donnel], Vanden-hoer, t4i]but-n, Champion, Kanner. Lehman. NAYS: None. ABSENT: Pfab. Date published Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Charles W. Ruppert and Marie Ruppert, husband and wife, Richard H. Ruppert, a single person, Robert L. Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and Eugene Hogan, wife and husband, Cleldon F. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, husband and wife and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners"). WHEREAS, Owners, are legal title holders of the property legally described below; and WHEREAS, the subject property contains steep and critical slopes and wooded ravines, is directly adjacent to a Iow density single family zone, and contains few pedestrian links north and south to major destinations; and WHEREAS, the Southwest District Plan, a component of the City's Comprehensive Plan, suggests RM-12, Low-Density Multi-Family zoning for portions of the subject property, with consideration for RM-20, Medium Density Multi-Family zoning, if appropriate conditions are met to satisfy public needs directly caused by the RM-20 zoning designation; and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from High Density Multi- Family (RM-44) to Medium Density Multi-Family (RM-20) (hereinafter "Tract 1"); and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from Community Commercial (CC-2) to Medium Density Multi-Family (RM-20) (hereinafter "Tract 2"); and WHEREAS, the City is considering rezoning a portion of the Owners' property located north of Highway 1 and west of Miller Avenue from Medium Density Single Family (RS-8) to Community Commemial (CC-2)(hereinafter "Tract 2"); and WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable conditions with rezoning approvals, over and above existing regulations, in order to satisfy public needs directly caused by the zone change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to address issues of compatibility with the adjacent single family neighborhood located north and west of the subject property as called for in the Southwest District Plan, to provide adequate street infrastructure, to prevent traffic congestion along local streets, to provide important pedestrian links between neighborhoods, and to ensure appropriate development of an environmentally sensitive property located along Highway 1, an important entranceway into Iowa City; WHEREAS, the Owner has agreed to develop and use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Charles W. Ruppert and Marie Ruppert, husband and wife, Richard H. Ruppert, a single person, Robert L. Ruppert and Maxine Ruppert, husband and wife, Katherine C. Hogan and Eugene Hogan, wife and husband, Cleldon F. Ruppert, Herman G. Ruppert and Betty Lou Ruppert, husband and wife and Dean C. Cooper as Executor of the Estate of Rosamond V. Cooper are the owners and legal title holders of approximately 11.6 acres of land located north of State Highway No. 1 and west of Miller Avenue, which property is more particularly described as follows: Tract '1 (RM-44, High Density Multi-Family, to RM-20, Medium Density Multi-Family) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'~V, along the West Line of said Southeast Quarter, 493.66 feet; Thence N89°52'33'¥V, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office, which is the point of beginning; Thence N89°59'59'~A/, (a recorded bearing along the South Line of said Benton Manor), 421.42 feet, to the Southwest Corner thereof, which point is also the Southeast Corner of Lot 25, of Weeber's Third Addition of Iowa City, Iowa, as recorded in Plat Book 9, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S89°,44'56'~V, along the South Line of said Lot 25, 225.28 feet; Thence westerly 327.98 feet to the Southwest Corner of Lot 24 of Weeber's Third Addition to iowa City, Iowa; Thence S00°13'05'~/, 161.77 feet to the Northeast Corner of the Southeast Quarter, of the Northwest Quarter, of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian, as recorded in Plat Book 9, at Page 13, of the Records of the Johnson County Recorder's Office; Thence S00°06'07'~V, 468.18 feet; Thence N57°55'37"E along the Northeasterly Right-of-Way Line of Iowa. Primary Road No. 1,369.85 feet, to a point which is 190.00 feet, radially distant Northwesterly of Centerline Station 146+ 10; Thence N71°35'52"E along said Northeasterly Right-of-Way Line, 696.87 feet; Thence N00°30'48"E, 211.15 feet to the point of beginning. Tract 2: (CC-2, Community Commercial, to RM-20, Medium-Density Multi-Family) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'W, along the West Line of said Southeast Quarter, 493.66 feet to the point of beginning; Thence N89°52'33'W, 337.07 feet, to the Southeast Corner of Benton Manor, as recorded in Plat Book 22, at Page 22, of the records of the Johnson County Recorder's Office; Thence S00°30'48'W, 211.15 feet, to a point on the Northerly Right-of-Way Line of Iowa Primary Road No. 1; Thence easterly 335.95 feet along the Northerly Right-of-Way Line of said Iowa Primary Road No. 1: Thence Northerly 168.23 feet to the point of beginning. Tract 3: (RS-8, Medium Density Single Family, to CC-2, Community Commercial) Commencing at the Northwest Corner of the Southeast Quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S00°30'48'W, along the West Line of said Southeast Quarter, 377.86 feet to the Point of Beginning; Thence S89°52'33"E, 542.11 feet; Thence S02°30'00"E, 115.92 feet; Thence N89°52'33'~/V, 548.21 feet, to a point on said West Line of the Southeast Quarter; Thence N00°30'48"E, along said West Line, 115.80 feet, to the Point of Beginning. Said Tract of land contains 1.5 acres, more or less, and is subject to easements and restrictions of record. 2. In consideration of the City's rezoning the subject property as described above, the Owners agree to certain conditions over and above City regulations in order to ensure that any future multi-family development is consistent with the Southwest District Plan, is sensitive to the topography of the property, is developed in a manner that is sensitive to the adjacent single family neighborhood, will prevent additional traffic on Harlocke Street, a local street, will provide the opportunity for important pedestrian links between neighborhoods, residential areas and adjacent commercial areas, will ensure that streets within the development are adequate to support traffic generated by both the commercial and medium density multi-family development, and will ensure appropriate traffic circulation and emergency vehicle access. 3. In consideration of the City's rezoning the subject property as described above, the Owners agree that the use and development of the subject property will conform to all of the requirements of the Iowa City Zoning Ordinance, as applicable, as well as the following additional conditions: a. Prior to any development of the subject property, the Owner shall submit an OPDH plan for review and approval in accordance with City ordinances. The OPDH plan shall address the elements and conditions outlined in this Agreement; and b. Vehicular access to the subject property will not be permitted from Harlocke Street; and c. A 100-foot buffer area will be maintained along the western property line of Tract 1 to provide adequate separation between single family zoning and larger multi-family buildings and parking lots. The first fifty feet from the property line shall remain landscaped open space free of buildings and parking areas. Landscaped parking lots and buildings no greater than 25 feet in height may be established within the 100-foot buffer area between 50 feet and 75 feet from the western property boundary of Tract 1. Landscaped Parking lots and buildings no greater than 60 feet in height may be approved as part of the OPDH plan within the 100-foot buffer area between 75 feet and 100 feet from the western boundary of Tract 1; and d. The property will be developed in a manner that is sensitive to the topography, with buildings located in a manner that will minimize disturbance to critical slopes. To minimize impervious surface, at least 75 percent of the required parking must be provided underneath the buildings; and e. Access to the property will be permitted from the IDOT-approved access point along Highway 1 directly across from Ruppert Road. The City will cooperate with the Owner in their efforts to obtain appropriate IDOT approval for upgrades to the access point to serve the development; and f. If, based on the City's trip generation model, streets within the development will carry more than 500 vehicle trips per day, such streets shall be designed and constructed in accordance with City specifications for collector streets, including provisions for pedestrian facilities. Exceptions to the collector design standards may be approved by the Director of Planning and Community Development if warranted based on the private nature and function of the street. g. If, due to the intensity of development on the subject property, a traffic signal and turn lanes are warranted at the intersection of Highway 1 and Ruppert Road, the owner of the property must at that time contribute funds to pay for any IDOT required intersection improvements and funds equal to half the cost of a traffic signal and associated installation costs; and h. A public or private street must be stubbed to the west property line of Tract,1 in a location to be determined by the City of Iowa City; and i. If and until a street connection is made to the west, a turnaround must be constructed and maintained to standards that will accommodate fire apparatus and emergency vehicles; and j. A public access and fire apparatus access easement will be granted over and across all private streets within any future development; k. The emergency vehicle access easement must extend to the north property line of Tract 1 at a location to be determined by the City. This access easement will provide emergency vehicle access to the property in the event that the primary access from Highway 1 is blocked. The access easement must remain clear of structures and any landscaping or trees that might obstruct emergency access. The location for said access will be determined during the OPDH process. I. A 15' wide pedestrian walkway easement will be granted to allow the opportunity for a pedestrian trail to be constructed generally along the Owners' northern property line of Tract 1 and Tract 2 from the end of Harlocke Street eastward and then northward following the Owners' western boundary of Tract 3 to provide the opportunity for the eventual connection to the public park space located along Benton Street near its intersection with Miller Avenue. To maintain public safety, views to and from the pedestrian trail will be maintained. Fences, walls, or planted vegetation that effectively obstruct views to and from the trail shall not be permitted along the pedestrian easement; and m. A 15' wide pedestrian walkway easement will be granted from the property's northern boundary of Tract 2 generally southward to connect with the street on the property that provides public access to Highway 1. This easement should connect with the east-west trail easement described in paragraph I., above. n. A 15' wide pedestrian walkway easement will be granted from the northern property boundary of Tract 1 beginning at the end of Harlocke Street and extending generally southward following the western boundary of Tract 1 to end at the southwest corner of the property adjacent to the Highway 1 right-of-way. o. The grant of pedestrian easements described in paragraphs I, m., and n., above, does not represent an obligation on the property owner's part to construct pedestrian trails. However, this paragraph should not be construed in a manner that exempts the property owner from constructing adequate pedestrian facilities to serve development on the subject property. 4 The OPDH plan review and approval process outlined in paragraph 3.a. above shall not supplant any other approval required pursuant to Iowa Law or Iowa City Ordinances, such as the Iowa City Sensitive Areas Ordinance, if applicable. 5 The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are directly caused by the zoning change. 6 The Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7 The Parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement will inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8 Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state and federal regulations. 9 The Parties agree that this Conditional Zoning Agreement will be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement will be recorded in the Johnson County Recorder's Office. Datedthis '~[I~ dayof S¢~I~/~ ,2002. OWNERS CHARLESW. RUPPERT\ ~ ~ CHARLES W. RUPPERT~ [/ ~ ~ Attorney-in-Fact for Marie Ruppert, Maxine Ruppert, Robert L. Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Herman G. Rupperl, Betty L. Ruppert and Richard H. Ruppert DEAN C. COOPER J ESTATE OF ROSAMOND V. COOPER, DECEASED Dean C. Cooper, Execdtor CITY OF IOWA CITY By.'. Ernest W. Lehman, Mayor Attest: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: COUNTYOF JOHNSON ) On this ~r~<//-~ day of ~.~7Z~. ~.~'/ , 2002, before me, a Nota;¥ Public in and for the State of Iowa, pe~onally appeared Charles W. Ruppert to me .'. known to be the person who executed the foregoing instrument and acknowledged ~ that he executed the same as his voluntary act and deed. Notary Public in and for the State '~ ....... I~l~%l(~mmlaaon Number 2248731 STATE OF IOWA ) ) SS: COUNTYOF JOHNSON ) On this ..~<//~'/'~ day of ¢-.~.~r~ ~-~... ~ 2002, before me, a Notary Public in and for the State of Iowa, persona~l'y appeared Charles W. Ruppert to me known to be the person who executed the foregoing instrument in behalf of Marie Ruppert, Maxine Ruppert, Robert L. Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Herman G. Ruppert, Betty L. Ruppert and Richard H. Ruppert, and acknowledged that he executed the same as the voluntary act and deed of said Marie Ruppert, Maxine Ruppert Robert L Ruppert, Katherine C. Hogan, Eugene J. Hogan, Betty C. Ruppert, Cleldon F. Ruppert, Betty L. Ruppert, Herman G. Ruppert and Richard H. Ruppert Notary Public in and for the State of Iow'~' I~',i~., ILEANN~ M. SCl-nNARTIN(~I I.~ ~ ~lCommfssion Number 224873 r~l' · M om 'Ires STATE OF FLORID^ I ) COUNTY OF CHARLOTTE) On this ____ day of ~ 2002, before me, a Notary Public in and for the State of Flefida, ~ersonally appeared Dean C. Cooper, to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC~8909 My COMM[.SSION ~X_P. APR. 22,2003 -"Notary Public ih~-~d f5~ the-~'tate/~f Florida STATE OF FLORIDA ) ) SS: COUNTY OF CHARLOTTE) On this C:~.,~day'~ of/ '~ 2002, before me, the undersigned, a Notary Public in and for/said state, personally appeared Dean Cooper, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that such person, as such fiduciary, executed the same as the voluntary act and deed of such person and of such fiduciary. fl-otary Public in/a~ for~he Sta~e of ~1orida STATE OF IOWA SS; JOHNSON COUNTY On this .day of ,2002, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) No. passed by the City Council, on the day of ,2002, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa CONCERNS ON THE RUPPERT PROPERTY ZONED RS8 OFF ~ CHILDREN'S SAFETY The prelimina~ plan that the City of Iowa ~ drawn up, for the developers, shows 47 single family lots. Some of eventually have one to two or more grade school children living in each of them. will be 50 to possible 90 or more grade school children, of which most of them will be attending Roosevelt grade school. There are no sidewalks on Miller Ave. This means that the children will have to walk in the street to get to Roosevelt School, every morning and afternoon. This will be a very dangerous situation, when the street is icy and after dark, or any time of the day. ff the developer is required to put a sidewalk on the West side of Miller Ave., along his development, then who will pay for the sidewalk from his development to Benton Street, which is along the proposed park ? The sidewalk along the proposed park, will be yery expensive to build, as it is a very high and steep bank starting from the street curb. ( Please visit the site to see the problem.) The sidewalk, in this area, will require a very high retaining wall, with a high fence at the top. If this sidewalk is required and developed, along the West side of Miller Ave. then there will have to be a traffic signal light, at the end of this sidewalk at Benton Street, so the children can cross Benton Street safely, to the sidewalk on the North side of Benton Street. A traffic signal at this point, would be an almost impossible place to put one, because at this point, Benton Steet is still a very steep bill, and is very slick in the winter. ( Please visit the site to see the problem.) To get to Roosevelt School from this 47 single family development, some of the children, especially if they are late for school, will probably, no doubt, take a short cut by walking across the Miller/Orchard park to the middle of Benton street hill and then cross at that point. In the future, with the possible adding of traffic lanes, and increase in traffic, on Benton Street, will create a very dangerous situation that may sometime in the future, cause some children's injuries and maybe even death. There could be a six foot high, chain link fence installed, right at the curb, along the South side of Benton Street but the fence would also have to return South at the top of the hill, or the children will cross wherever the chain link fence ends. A couple of years ago, Southgate Development wanted to build some duplexes at the site of the present Miller/Orchard Park, just across the street from Roosevelt School, and one of the reasons their plan was rejected was because of the safety of the children crossing the Benton Street hill, to get to Roosevelt School. The only difference between the 47 single family development and Southgate's development, is that there are many more children involved in this development. The other very dangerous point for these children who will be living in this development, which is very close to Hwy # 1, is at the intersection of Miller Ave. and Highway #1. The children living in this proposed housing development will be wanting to walk or bike across highway #1 to go to the Deli Mart, Donut,s?d,,:-! Godfather's Pizza, Cub Foods and even Wal-Mart. How will they get across the~h, igt~wa'~'~ safely? They would need a pedestrian walk signal, at this intersection, but the State of Iowa, Highway Commission, will not permit a pedestrian walk signal at a very busy intersection on the very busy Highway #1. Even if there were a pedestrian walk signal, it would still be a very dangerous crossing. There are also no sidewalks to this intersection. Over the years this Ruppert, single family,housing development will be putting thousands of children in harms way, Eventually there will be injuries and perhaps even death to some of the children. Would you want your grandchildren to live in this development? This land should never have been zoned residential. Someone did zone it single family lots and someone could, if they tried, change it to anything but residential. It could possibly be a good place for elderly housing, or maybe a residential design like, office buildings. There must be some other use for this laud. Think about it, talk about it. Some other concerns are, the present plan that the city has drawn up, for the developers, shows the access to these 47 homes, as a private drive and since the private drive is located at the rear of the homes, does this make it an alley? What are the city's requirements for the width of an alley? Does an alley have to have a curb, gutter and storm sewer pipes, to prevent flooding of lots ? Will all of the surface rain water run down on Miller Ave.? ff there are cars parked on both sides of the alley, will there be enough room for the fire trucks to get through? Will the mailman deliver mail to 47 homes on a private drive or will there be 47 mailboxes at the curb side of Miller Ave.? Will the City Of Iowa City garbage trucks pick up the garbage at each of the 47, private drive homes or will each home have to have a private garbage hauler? Why is this a designated a private drive? Why not put a city street in, with only one entrance to Miller Ave, instead of a private drive, with two entrances, this would solve some of these problems. Also, will the proposed nature trail be hard surface and lighted? This trail will no doubt be used as a sidewalk, so who will clear the snow off of it, in the winter time? Please take the time to see that all of these problems are solved before you vote on this development and not after you have voted. In the end, if this 47 residential lot development goes through, the sellers, of the land, will run with their money, the developers are supposedly going to make big bucks on there development and run with their money, and the small children, of the future, will have to live and maybe even die with it forever. Please think seriously about the children's safety. Take your time. Change the zoning, Your vote will make a difference. Thank you, for taking the time to read this letter. I hope it will give you a different view on this development, and not just, get it done, and I hope it will make you think about the really important thing about this development, again, the safety of many, man xhildr~nI in the future!! Thank you, Bill & Donna Launspach 701 Miller Ave. I~ity,~, Iowa 52246 Phone 338-3810 Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE VACATING THE 100 BLOCK OF WEST HARRISON STREET RIGHT-OF-WAY AND A PORTION EXTENDING INTO THE FRONT STREET RIGHT-OF- WAY THEREOF; THAT PART OF HARRISON STREET BETWEEN THE FRONT STREET RIGHT-OF-WAY AND THE IOWA RIVER; THAT PART OF THE 100 BLOCK OF WEST PRENTISS BETWEEN THE WEST RIGHT-OF- WAY LINE OF MADISON STREET AND THE WEST RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCK 5 OF THE COUNTY SEAT ADDITION, EXTENDED; AND THE ALLEY RIGHT-OF-WAY IN BLOCK 5 OF SAID COUNTY SEAT ADDITION WHEREAS, the applicant, the University of Iowa, has requested that the City vacate parts of Harrison and Prentiss Streets and an alley between them in the area adjacent to Front and Madison Streets; and WHEREAS, the City does not regard these streets as crucial components of the general or local traffic cimulation system; and WHEREAS, the University of Iowa has requested the vacation specifically for the development of property in Block 5 of the County Seat Addition; and WHEREAS, the University of Iowa has stated that it will improve the paving and landscaping in and around said Block 5 for its own and for civic purposes; and WHEREAS, it is in the City's interest to vacate said public right-of-way, or portions thereof, that may be a benefit to and be improved as a result of redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: The City of Iowa City hereby vacates the rights--of-way legally described as follows: THE 80-FEET-WIDE HARRISON STREET RIGHT-OF- WAY FROM THE WEST RIGHT OF WAY LINE OF MADISON STREET TO THE EAST RIGHT-OF-WAY LINE OF FRONT STREET; ALL OF THE FRONT STREET RIGHT-OF-WAY LYING EAST OF THE ALLIANT TRANSPORTATION / CRANDIC RAILWAY RIGHT-OF- WAY AND BOUNDED ON THE NORTH BY THE NORTH RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED WESTERLY AND BOUNDED ON THE SOUTH BY THE SOUTH RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED WESTERLY; THE 80- FEET-WIDE HARRISON STREET RIGHT-OF-WAY LYING WEST OF FRONT STREET AND EAST OF THE IOWA RIVER; THE 80-FEET-WIDE PRENTISS STREET RIGHT- OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF Ordinance No.. Page 2 MADISON STREET TO THE WEST RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCK 5, COUNTY SEAT ADDITION, EXTENDED SOUTHERLY; THE 20-FEET-WIDE PUBLIC ALLEY RIGHT-OF-WAY IN SAID BLOCK 5 OF COUNTY SEAT ADDITION; TOGETHER CONTAINING 55,285 SQUARE FEET OR 1.27 ACRES, MORE OR LESS. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance am hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2002. MAYOR ATTEST: CITY CLERK T:!PCDIJohn A~Active Files\VAC02-00004 ordinance.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion Kanner ~ - Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 10/8/02 Voteforpassage: AYES: Wi]burn, Champion, Lehman, O'Donnell, Pfab, Vanderhoef. NAYS: Kanner. ABSENT: None. Second ConsideraUon 10/22/02 Vote for pas~ge: AYES:Vanderhoef, Wilburn, Champion Lehman, O'Donnell. NAYS: Kanner. ABSENT: Pfab. Date published Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE VACATING PORTIONS OF FRONT STREET SOUTH OF BURLINGTON STREET AND A PORTION OF THE 100 BLOCK OF WEST PRENTISS STREET WHEREAS, the applicant, the CRANDIC Railway Company, has requested that the City vacate portions of Front Street and West Prentiss Street; and WHEREAS, the City does not regard these streets as crucial components of the general or local traffic circulation system; and WHEREAS, the conveyance of these rights-of- way relate to a redevelopment project to be undertaken by the University of Iowa in areas contiguous with these rights-of-way; and WHEREAS, it is in the City's interest to vacate said public right-of-way, or portions thereof, that may be a benefit to and be improved as a result of redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: The City of Iowa City hereby vacates the right-of-way legally described as · follows: THAT PART OF WEST FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA LYING ELY OF OUTLOT 41 DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF OUTLOT 41 OF THE ORIGINAL TOWN PLAT, WHICH IS THE POINT OF BEGINNING; THENCE S 890 56' 41" E 13.32 FEET ALONG THE S LINE OF THE BURLINGTON STREET RIGHT-OF-WAY TO 'A POINT 15.00 FEET W OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 0° 06' 13" W 95.91 FEET ALONG A LINE PARALLEL WiTH SAID RAILROAD; THENCE S 40 02' 40" W 71.73 FEET TO A POINT 15 FEET WLY OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 70 29' 09" W 65.65 FEET TO A POINT OF INTERSECTION WITH THE E LINE OF SAID OUTLOT 41; THENCE 0° 06' 45' E 232.50 FEET ALONG THE E LINE TO THE POINT OF Ordinance No. Page 2 BEGINNING, CONTAINING 2,332 SQUARE FEET AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA LYING ELY OF OUTLOT 24 OF COUNTY SEAT ADDITION DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE NW CORNER OF BLOCK 4, COUNTY SEAT ADDITION; THENCE N 89° 42' 50" W 97.27 FEET ALONG THE S RIGHT- OF-WAY LINE OF VACATED COURT STREET TO A POINT 15.00 FEET W OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE S 0° 21' 36" W 329.75 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD TRACK TO A POINT OF CURVATURE; THENCE SELY 177.78 FEET ALONG THE ARC OF A 714.28-FOOT RADIUS CURVE, CONCAVE ELY (CHORD S 5° 55' 19" E 177.32 FEET) TO THE POINT OF BEGINNING; THENCE SELY 47.00 FEET ALONG THE ARC OF A 714.28 FOOT RADIUS CURVE, CONCAVE ELY (CHORD S 140 56' 15" E 46.99 FEET); THENCE S 870 07' 52" W 12.22 FEET TO A POINT OF INTERSECTION WITH THE E LINE OF OUTLOT 24 OF SAID COUNTY SEAT ADDITION; THENCE N 0° 06' 45" E 46.02 FEET ALONG SAID E LINE TO THE POINT OF BEGINNING AND CONTAINING 269 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF FRONT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 8 OF BLOCK 5 OF THE COUNTY SEAT ADDITION; THENCE S 0° 06' 45" W 101.29 FEET TO A POINT 15 FEET ELY OF THE CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE N 9° 15' 59" W 102.66 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD CENTERLINE TO A POINT OF INTERSECTION WITH THE S RIGHT-OF-WAY LINE OF HARRISON STREET EXTENDED W; THENCE S 89° 53' 24" E 16.73 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING, CONTAINING 847 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THAT PART OF PRENTISS STREET IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 5 OF BLOCK 5 OF COUNTY SEAT ADDITION; THENCE S 80.00 FEET ALONG THE WLY RIGHT- OF-WAY LINE OF THE ALLEY IN BLOCK 5, Ordinance No. Page 3 EXTENDED, TO A POINT OF INTERSECTION WITH THE S RIGHT-OF-WAY LINE OF PRENTISS STREET; THENCE S 89° 52' 40" W 79.62 FEET ALONG SAID LINE TO A POINT 15.00 ELY OF CENTERLINE OF AN EXISTING RAILROAD TRACK; THENCE N 17° 30' 03" W 84.05 FEET ALONG A LINE PARALLEL WITH SAID RAILROAD CENTERLINE; THENCE NLY 102.00 FEET ALONG THE N RIGHT-OF-WAY LINE OF PRENTISS STREET TO THE POINT OF BEGINNING, CONTAINING 7,264 SQUARE FEET MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this day of ,2002. MAYOR ATTEST: CITY CLERK Approved. by iff/ omeys Offic~ T:\PCD~John A~Active Files\VAC02-00003 ordinance.doc Ordinance No. Page, It was moved by and seconded by that the Ordinance as mad be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 1 n/R/n? Voteforpassage: AYES: Champ'ion, Lehman, O'Donnel'l, Pfab, Vanden'hoer, Wilbut'n. NAYS: Kanne~'o ABSENT: None. Second Consideration Voteforpassage:AYES: Vanden'hoer, t~ilbu~'n, Champion, Lehman, O'Donne~'l. NAYS: Kanner. ABSENT: Pfab. Date published Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 02-4045 AN ORDINANCE AMENDING CITY CODE TITLE '14, CHAPTER 6, ENTITLED "ZONING," ARTICLE H, ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL ZONE," WHEREAS, the General Industrial Zone, I-1 zone, is intended to provide for the development of most types of industrial firms; and WHEREAS, the repair of commercial and industrial trucks would provide a service to industrial uses located within the I-1 zone; and WHERE-AS, the Planning and Zoning Commission has recommended that service and repair of commercial and industrial trucks be allowed in the I-lzone as a provisional use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. Chapter 6 entitled "Zoning Chapter," Article H entitled "Industrial Zones," Section 1 entitled "General Industrial Zones," be amended to add the following provisional use. (C) PROVISIONAL USES. (6) Service and repair of commercial and industrial trucks, provided: a. No vehicle is stored for more than 45 continuous days an the property. b. The parking and trailer storage area is surfaced with asphalt, concrete, or a similar dust-free surface designed and maintained to prevent the flow of water onto adjoining properties. c. Screening is preserved, planted, constructed, and maintained according to Section 14-6S- 11 of this chapter. Screening shall also be provided along any lot lines which abut a designated arterial street in a manner sufficient to effectively obscure the truck service/repair facility from view from the arterial street, using the screening standards in Section 14-6S- 1 lB of this chapter. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publica, ti~, as provided by law. ., proved ef 0ct ob er ,20 02. '-3~f'A,~,(~R ' ',._, , CITY CLE~ Approved by ~ dity t n&v 'o ce Ordinance No. 02-4045 Page 2 It was moved by Vanderhoef and seconded by Champion that the Ordinance as road be adopted, and upon roll call thero wero: AYES: NAYS: ABSENT: X Champion X Kanner X ' - Lehman X O'Donnell ~( Pfab X Vanderhoef X Wilbum First Consideration 9/24/02 Voteforpassa.qe: AYES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn. NA'~'S: None. ABSENT: None. Second Consideration 10/8/02 Voteforpassage: AYES: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: None. ABSENT: None. Date published 10/30/02 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ~E AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," :NTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED WHEREAS, Industrial Zone, I-1 zone, is intended to provide for the types of industrial firms; WHEREAS, the repair and industrial trucks would provide industrial uses located within the I-1 zone; and WHEREAS, the Planning Zoning Commission has recommended service and repair of commercial and industrial trucks in the I-lzone as a provisional use. NOW, THEREFORE, BE IT NED BY THE CITY COUNCIL CITY OF IOWA CITY, IOWA: ~u~C~Dz~J~L. Chapter 6 "Zoning Chapter," H entitled "Industrial Zones," Section 1 entitled "General Industrial Zones amended to add the 1 (C) PROVISIONAL USES. (6) Service and )rovided: a. No vehicle is stored for mor~ the property. b. The parking and concrete, or a similar dust-free surface designed and maintained the flow of water onto adjoining properties. c. Screening is preserved, planted, and maintained according to Section 14-6S- 11 of this chapter. Screening provided along any lot lines which abut a designated arterial street in a [ to effectively obscure the truck service/repair facility from view from the screening standards in Section 14-6S- 11B of this chapter. ~. and in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If a provision or part ot~e Ordinance shall be adjudged to be invalid or unconstitutional, such adjuc shall not affect the validity'~f the Ordinance as a whole or any section, provision or part thereof not ~ inw lid or unconstitutional ~ This Ordinance shall be in effect a~its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 .~ MAYOR ATTEST: CITY CLERK Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE14, ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, ENTITLED "HOUSING CODE" TO REQUIRE THAT ALL LANDLORDS AND TENANTS EXECUTE AN INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT FORM AND BY DELETING THE REQUIREMENT THAT THE CITY PROVIDE WRITTEN NOTICE OF HOUSING VIOLATIONS BEFORE ISSUING A MUNICIPAL INFRACTION. WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force (hereinafter "Task Fome") to fulfill the goal of improving peaceful habitation in Iowa City and appointed eleven individuals representing the interests of tenants, landlords, and neighborhoods to serve on the Task Force; WHEREAS, the Task Force met fifteen times between November 7, 2001 and May 22, 2002; WHEREAS, the Task Force held one public forum to elicit comments from the public on its proposal; WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force" (hereinafter "the Report") with the City Council on June 27, 2002; WHEREAS, in addition to proposals to amend policy, the Report recommends code amendments requiring that landlords and tenants acknowledge, among other items, the maximum occupancy of the rental unit, and that the City not be required to provide written notification to owners and landlords of housing code violations before issuing a municipal infraction; WHEREAS, tenants are not always aware of the maximum occupancy limits of their rental unit; WHEREAS, landlords are not always aware that the persons who actually occupy the rental unit are different than those who signed the lease or that the police have responded to repeated disorderly house and loud party complaints; WHEREAS, staff anticipates that it will take approximately three (3) years to determine the maximum occupancy for each of the approximate 15,000 rental units; WHEREAS, the current ordinance provides that the City must provide a written notice of a Housing Code violation; WHEREAS, oral notification will allow the City to act on Housing Code violations in a more timely manner and will aid in fulfilling the Task Force's goal of improving peaceful habitation in Iowa City; WHEREAS, state law does not require the City to serve a written notice of violation prior to issuing a municipal infraction; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E, entitled "Housing Code," Section 3, entitled "Definitions," is hereby amended by adding a new definition as follows: Tenant: Any occupant of a dwelling unit who is not an owner or operator of said dwelling unit or who is entitled under a rental agreement to occupy a dwelling unit to the exclusion of another. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E, entitled "Housing Code," is amended by adding a new Section 22 to be entitled "Informational Disclosure and Acknowledgement Form" as follows: Beginning with written or oral rental agreements entered into after the effective date of this ordinance, the owner or operator and all tenants, excluding minor dependants of a tenant under the lease, shall execute an Informational Disclosure and Acknowledgement Form, which is prepared by the City Department of Housing Inspection Services, that provides the following: a) The maximum occupancy limit of the dwelling unit as established by the City if said limit is available. The maximum occupancy limit is available for purposes of this section if it is on the Housing and Inspection Services web page on the City web site at the link entitled "rental permit." Owners, operators, and tenants may access said limit via the internet or by telephoning the Housing and Inspection Services Department or by visiting Housing and Inspection Services Department personally. Owners, operators, and tenants have the affirmative duty to determine whether the maximum occupancy limit is available. Ordinance No. Page 2 b) The names of the tenants, pursuant to the rental agreement, who may occupy said unit. c) Acknowledgement that the owner, operator, and tenant are responsible for complying with the maximum occupancy limits prescribed by the Iowa City City Code and that violation of the maximum occupancy limits can result in a fine to the owner, operator, and/or tenant. The Informational Disclosure and Acknowledgement Form shall further contain a statement that nothing in the document shall prevent an owner or operator from limiting the number of tenants in a dwelling unit to less than the maximum allowable occupancy permitted by the Iowa City City Code. d) Identification of specific non-habitable spaces and rooms that cannot be used for sleeping purposes. e) Acknowledgement of allowed parking, if any, and acknowledgment that there is no parking on the grass or on the public sidewalk. f) Trash and recycling requirements, but only if the rental property is four (4) dwelling units or less. g) A recitation of the language of Iowa City City Code section 8-5-5, the crime of disorderly house. h) City web site address. i) Contact information for the City of Iowa City neighborhood services coordinator. j) information on where to locate the Iowa Residential Landlord Tenant Law (Iowa Code chapter 562A) including a web site. k) Who is responsible for snow removal and lawn mowing. The Owner or Operator shall provide a photocopy of the executed Informational Disclosure and Acknowledgement to the inspector upon request. Title 14, entitled "Unified Development Code," Chapter 5 entitled "Building and Housing," Article E, entitled "Housing Code," Section 14, entitled "Notice of Violation" is hereby deleted in its entirety. SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION II1. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2002. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner - Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration ~.0/22/02 Voteforpassage:AYES: Vanden'hoer, W'ilbut'n, Champ'ion, Kanne~-, Lehman, 0'Donne11, Pfab. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE14, ENTITLED "UNIFORM CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE E, TO REQUIRE THAT ALL LANDLORDS AND TENANTS EXECUTE A AND BY LETING THE REQUIREMENT THAT THE CITY PROVIDE NOTICE OF HOUSING MUNICIPAL INFRACTION. Resolution 01-353 established a Neig Housing Relations Task Force ( sk Force") to fulfill the goal of improving peaceful in Iowa City and appointed eleven representing the interests of tenants, landlor and neighborhoods to serve on the Task Force; Force met fifteen times between N( 7, 2001 and May 22, 2002; Force held one public forum to el public on its proposal; WHEREAS, "Proposed (hereinafter "the Report") with the on June 27, 2002; WHEREAS, )roposals to amend the Report recommends code amendments to require that an addendum to every lease setting out, among other items, the maximum occupancy of the unit, and that City not be required to provide written notification to owners and landlords of housin ; violations ~g a municipal infraction; WHEREAS, limits of their rental unit; WHEREAS, landlords are not that the persons who actually occupy the rental unit are different than those who signed the that the police have responded to repeated disorderly house and loud party complaints; WHEREAS, staff anticipates that it approximately three (3) years to determine the maximum occupancy for each of the ~tal units; WHEREAS, the current ordinan must provide a written notice of a Housing Code violation; WHEREAS, oral notification I allow the City"~0 act on Housing Code violations in a more timely manner and will aid in fulfilling th/., k Force's goal of~proving peaceful habitation in Iowa City; WHEREAS, state law doe~n require the City to s~,~-ve a written notice of violation prior to issuing a municipal infraction; and / ~ ~ WHEREAS, it is in the I:~blic .rest to adopt this amena~ment NOW, THEREFORE,~E IT ORDAINED BY THE CITY CO~JNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMEND?lENTS. ~ 1. Title 14, entitle~'Unified Development Code," Chapter 5 ~titled "Building and Housing," Article E, entitled "Housing Cod~," Section 3, entitled "Definitions," is hereby ~-nended by adding a new definition as follows: Tenant: A~occupant of a dwelling unit who is not an owne~r operator of said dwelling unit or who is entitled under a rental agreement to occupy a dwelling unit to the'etxclusion of another. Title 14,~nf~tled "Unified Development Code ", Chapter 5 entitled "~uilding and Housing," Article E, entitled "Housir~ Code," is amended by adding a new Section 22 to be ~ntiUed "Lease Addendum" as follows: ~ ~ Begi~ing with written or oral rental agreements entered into after the effective date of this ordi,~ance, the owner or operator shall execute with all tenants a Lease Addendum, which is fu~ished by the City Department of Housing Inspection Services, that provides the following: a~he ma>dmum occupancy limit of the dwelling unit as established by the City if said limit is available. The maximum occupancy limit is available for purposes of this section if it is on the Housing and Inspection Services web page on the City web site at the link entitled "rental permit." Owners, operators, and tenants may access said limit via the internet or by telephoning the Housing and Inspection Services Department or by visiting Housing and Inspection Services Department personally. Owners, operators, and tenants have the affirmative duty to determine whether the maximum occupancy limit is available. b) The names of the tenants, pursuant to the rental agreement, who may occupy said unit, and their driver's license numbers and the state that issued said licenses. Ordinance No. Page 2 c) Acknowledgement that the owner, operator, and tenant are responsible for maintaining the maximum occupancy limits and that violation of the maximum occupancy limits can result in a fine to the owner, operator, and tenant. d) Identification of specific non-habitable spaces and rooms that cannot be used sleeping purposes. e) Acknowledgment that there is no parking on the grass or on the public sidewall, f) Trash and recycling requirements, but only if the rental property is four units or less. g) A recitation of the language of Iowa City City Code section 8-5-5, the of disorderly house. h) City web site i) Contact information f~ the neighborhood association serving that ~ j) Information locate the Iowa Residential Landlord Te (Iowa Code chapter 562A) including a k) Who is responsible lawn mowing. The Owner or Operator a photocopy of the Lease Addendum to the inspector upon request. Title 14, entitled "Unified Devel, Code," Chapter 5 ~ g and Housing," Article E, entitled "Housing Code," Section 14, hereby deleted in its entirety. SECTION II. REPEALER. All and p~ in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any ~ ' ' Ordinance shall be adjudged to be invalid or unconstitutional, such the validity of the Ordinance as a whole or any section, provision or part thereof not ad or unconstitutional. SECTION IV. EFFECTIVE DATE. be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ 2002, MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: AB,< · Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 9/24/02 Vote for passage: AYES: ~rhoef, Wi Champion, Kanner, Lehman, O'Donnell, Pfab. NAYS: None. T: Nom Second Consideration Voteforpassage:AYES: O' Vande~hoef, W'i~bu~n, Champion, Kanner, Lehman. NAYS: None. ABSENT: ~ne. Date published ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE '[ ENTITLED "UNIFORM DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HC ARTICLE E, ENTITLED "HOUSING CODE" TO REQUIRE THAT ALL LANDLORDS AN[ TENANTS EXECUTE A LEASE ADDSNDUMA.~_N INFORMATIONAL DISCLOSURE AND OWLEDGEMENT FORM AND BY DELETING THE REQUIREMENT THAT THE CITY PROVIDE NOTICE OF HOUSING VIOLATIONS BEFORE ISSUING A MUNICIPAL INFRACTION. WHEREAS, Resolution 01-353 establish a Neighborhood Housing Rel Task Force (hereinafter "Task Force") to fulfill the goal ,roving peaceful habitation in and appointed eleven individuals representing the interests of nants, landlords, and neic to serve on the Task Force; WHEREAS, the Task Force met fifteen times November May 22, 2002; WHEREAS, the Task Force held one )ublic on its proposal; WHEREAS, the Task Force submitted its "Prop~ Initiatives/Re (hereinafter "the Report") with the City Council on June 27, 2002; WHEREAS, in addition to proposals to amend the Rep code amendments te ~requirinq ' and tenants acknowledqe, among other items, the maximum rental unit, and that the City not be required to provide written notification to owners and housing code violations before issuing a municipal infraction; WHEREAS, tenants are not always aware of the ~ lum occupancy limits of their rental unit; WHEREAS, landlords are not always aware that ; persons who actually occupy the rental unit are different than those who signed the lease or that th ,lice have responded to repeated disorderly house and loud party complaints; WHEREAS, staff anticipates that it will tal~ nately three (3) years to determine the maximum occupancy for each of the approximate 15,01 WHEREAS, the current ordinance pr that th~ City must provide a written notice of a Housing Code violation; WHEREAS, oral notification will the City to a~t on Housing Code violations in a more timely manner and will aid in fulfilling the T goal of ir~proving peaceful habitation in Iowa City; WHEREAS, state law does uire the City to se~e a written notice of violation prior to issuing a municipal infraction; and ', WHEREAS, it is in the pul interest to adopt this amendment. NOW, THEREFORE, BI ORDAINED BY THE CITY, COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDrv 1. Title 14, entitled Development Code," ChaCter 5 entitled "Building and Housing," Article E, entitled "Housing Cod< 3, entitled "Definitions," is hereby amended by adding a new definition as follows: Tenant: of a dwelling unit who is not an owner or operator of said dwelling unit or who is entitled un, agreement to occupy a dwelling unit to the exclusion of another. Title 14 Development Code," Chaptel~ 5 entitled "Building and Housing," Article E, entitled "Hou Code," is amended by adding a new Section 22 to be entitled "Lease ?'.dd~r',dumlr Disclosure and Acknowledqement ForCp" as follows: Be with written or oral rental agreements entered into after the effective date of this the owner or operator ~.~ec4,~,c=~nd all tenants, EXCLUDING MINOR OF A TENANT UNDER THE LEASE, shall execute an Informational Disclosure and Acknowledqement Form~, which is furnished by the City Department of Housing Inspection Services, that provides the following: a) The maximum occupancy limit of the dwelling unit as established by the City if said limit is available, The maximum occupancy limit is available for purposes of this section if it is on the Housing and Inspection Services web page on the City web site at the link entitled "rental permit." Owners, operators, and tenants may access said limit via the internet or by telephoning the Housing and Inspection Services Department or by visiting Housing and Inspection Services Ordlflance NO. Page 2 Department personally. Owners, operators, and tenants have the affirmative duty to determine whether the maximum occupancy limit is available. b) The names of the tenants, pursuant to the rental agreement, who may occupy said unit, and their driver's ]!c~nse numbers and th~ state that issued said !icene~s. c) Acknowledgement that the owner, operator, and tenant are responsible for maintaining complying with the maximum occupancy Ii_mits prescribed by the Iowa City City Code and that violation of the maximum occupancy limits can result in a fine to the owner, operator, and/o~r tenant. The Informational Disclosure and Acknowledqement Form shall further contain a statement that nothinq in the document shall prevent an owner or operator from number of tenants in a dwellin~ unit to less than the maximum allowable occu bv the Iowa City City Code. d) Identification of specific non-habitable spaces and rooms that cannot be for sleeping purposes. e) Acknowledqement of allowed parkinq, if any, and ~,acknowledgment is no parking on the grass or on the public sidewalk. f) Trash and recycling requirements, but only if the rental property is dwelling units or less. g) A recitation of the language of Iowa City Code section the crime of disorderly house. h) Cityweb site address. i) Contact information for of Iowa City neiqhborhood services coordinator. j) Information on when Tenant Law (Iowa Code chapter 562A) including a web site. k) Who is responsible for snow removal and I The Owner or Operator shall provide a photocol 'the executed L-eaeeC~endumlnformational Disclosure and Acknowledqement to the ins uest. Title 14, entitled "Unified Development Code g and Housing," Article E, entitled "Housing Code," Section 14, el hereby deleted in its entirety. SECTION II. REPEALER. All ordinances an ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If an 1 or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such validity of the Ordinance as a whole or any section, provision or part thereof not ~ ed invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. Ordinance sh; be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ 2002. MAYOR ATTEST: CITY CLERK Approved by /, ~ Ira. 16,-o& City Attorney's Office GREATER IOWA CITY AREA APARTMENT ASSOCIATION BOO 2ND STREET CORALVILLE, IA 52;:::'4 I BOARD OF DIRECTORS ANNE VESPA October 16, 2002 Mayor Ernie Lehman and Members of the City Council 410 E. Washington Street Iowa City, IA 52240 Re: Proposed Ordinance Concerning Landlord and Tenant Acknowledgements Dear Mayor Lehman and Members of the City Council: We are writing to you on behalf of the Board of Directors of the Greater Iowa City Area Apartment Association to propose changes to the ordinance requiring certain acknowledgements from landlords and tenants. Attached is a red-lined copy of the ordinance with the changes we are proposing. The changes which are proposed essentially: 1) change the name of the document which landlords and tenants will be required to sign from a "Lease Addendum" to "Informational Disclosure and Acknowledgement Form"; and 2) eliminate the requirement that each tenant must disclose his or her driver's license number on the form. We believe changing the name of the document does not affect what the Neighborhood Task Force is attempting to accomplish while at the same time eliminating the concerns of the Apartment Association that it may create unintended contractual rights. There are a host of reasons why the Apartment Association is proposing the elimination of the driver's license requirement, not the least of which is that we feel it violates the privacy rights of tenants and places landlords in the position of not being able to rent to a tenant who refuses to provide such information or does not have a driver's license. We believe these changes are minimal and do not affect the substance of what the Task Force intended to accomplish. The Apartment Association supports the proposed ordinance provided the attached changes are made. It is our understanding that Professor Hillary Sale, who was chair of Mayor Ernie Lehman and Members of the City Council October 16, 2002 Page 2 the Neighborhood Relations Task Force, as well as many members of the neighborhood associations who were involved with the Task Force, support the changes we are proposing. We would like to thank Professor Sale and the members of the neighborhood associations who support these changes for their willingness to work with the Apartment Association. We believe it is in everyone's best interests to reach consensus on these issues. It is our understanding that eliminating the driver's license requirement may necessitate that the City Council have three readings of the ordinance with the proposed changes. However, the ordinance could still be approved at your meeting scheduled for November 5, 2002 if you have your first reading with the changes at your meeting on Tuesday, October 22, the second reading at your work session scheduled for Monday, November 4, and the third reading at the meeting scheduled for Tuesday, November 5. Following this schedule would result in just a two-week delay in approving the ordinance. It is our understanding as discussed during your last City Council meeting that Housing and Inspection Services will continue to provide a written notice of any alleged violations during regular housing permit inspections. We would encourage you to direct staff to continue this policy. From the perspective of the Apartment Association, written notice concerning any alleged violation, whether it is a housing code violation or otherwise, is helpful in avoiding any confusion about who is responsible for an alleged violation and when it needs to be resolved. We also appreciate that the ordinance provides clarification that whoever is responsible for over-occupancy or other violations of City Code-whether it is the tenant or the landlord- will be the party held accountable. Thank you for your consideration of the proposed changes. Please feel free to contact any of us if you have any questions. Very truly yours, Anne Vespa, President Ted Chambers, Secretary Enclosure Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 02-4047 ORDINANCE AMENDING TITLE 6, PUBLIC HEALTH, CHAPTER 7, SMOKING IN FOOD ESTABLISHMENTS, SECTION 5, EXCEPTION, TO CLARIFY THAT EACH ESTABLISHMENT SHALL BE ALLOWED ONLY ONE TEMPORARY ONE-YEAR EXCEPTION. WHEREAS, Section 6-7-5(B) of the City Code provides new establishments and establishments making a change in operation the opportunity for a temporary one-year exception from the provisions of Chapter 7; and WHEREAS, it is prudent to clarify that each establishment shall be allowed only One temporary one-year exception. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-7~5(B) of the City Code is amended by adding the following sentence to the end of said subsection: "An establishment shall be allowed only one temporary one-year exception hereunder." SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. /,~ and approved this..~day of 0ctobef' , 20. 02 MAYOR ,-, · - ~ CiTY fCLIZRK ' - City Attorney's Office eleanor/ord/smoking-amend.doc OrdinanCe No. 02-4047 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilbum FimtConsideration 9/24/02 Vote forpassage: AYES: Lehman, Pfab, Vanderhoef, Wilburn, Champion, Kanner. NAYS: O'Donnell. ABSENT: None. Second Consideration 10/8/02 Vote forpassage:AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman. NAYS: O'Donnell. ABSENT: None. Date published 10/30/02 Consider motion to reconsider the motion to defer for six months consideration of the ordinance vacating the twenty-three foot wide Grand Avenue Court right-of-way, commencing fi.om the north right-of- way line of Melrose Avenue and extending northward for a distance of two hundred ninety-five feet, and placing said ordinance on the next special formal City Council agenda be scheduled at the earliest possible time.