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.