Loading...
HomeMy WebLinkAbout1993 Ordinance Book ORDINANCES BOOK #35 93-3558 to 93-3567 PAGE ORD. NO. TITLE DATE 1 93-3558 Ord. amending the Zoning Ordinance to change the use 1/5/93 regulations of certain property located East of Scott Blvd. and North of Court Street from the county designa- tion of RS,Suburban Residential, to RS-5, low density single family residential. 2 93-3559 Ord. amending Chapter 15 entitled "Solid Waste", of the City of Iowa City, Iowa to create a new section titled "Lien". 3 93-3560 Ord. amending the zoning ordinance by changing the use 1/19/93 regulations from CO-1 to CC-2 for certain property known as Lots 13 & 14, Block One, Braverman Center Subdivision, located on Pepperwood Lane, East of Keokuk St. 4 93-3561 Ord. amending Ord. No. 90-3483 and the accompanying conditional zoning agreement for a certain 95.61 acre prop- erty, known as Whispering Meadows Development, located South of Hwy. 6 & West of Bon Aire Mobile Homes. 5 93-3562 Ord. amending Chapter 17 of the Code of Ordinances of 2/2/93 the City of Iowa City,Iowa, by amending sections 17-2, 17-5, 17-6, and 17-7 to improve the level of Fire Safety in existing residential structures and to ensure that hous- ing requirements are consistent with the current H.U.D. Regs. 6 93-3563 Ordinance amending the zoning ordinance by conditionally changing the use regulations of approx. 19.18 acres lo- cated East of the intersection of Hgy. 1 and Sunset St. from County Commercial (C-2) and Rural (A-1) to Intensive Commercial (C-1) . 7 93-3564 Ord. amending Chapter 8:.Article VII, of the Iowa City Code of Ordinances, by adopting the 1991 edition of the uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installa- tion, maintenance, estension and alteration of all piping, fixtures, plumbing systems, to dissolve the board of examiners of plumbers and to assign the duties of that board to an expanded board of appeals; to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. 8 93-3565 amending the zoning ordinance by conditionally changing 3/30/93 the use regulations of an approximate 240 acre tract, . located East of Scott Park, South of Lower West Branch Rd. , and North of American Legion Rd. , from the County designation of RS, Suburban Residential, to RS-5, Low Density Single-Family Residential. 9 93-3566 Ord. amending the Zoning Ordinance by changing the use reg- ulations of an approx. 14.25 acre tract of land located West of U.S. Tiny 218 and North of Rohret Rd. from ID-RS, Interim Development Single-Family Residential, to P, Public. 10 93-3567 Ord. amending Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Zoning" by adopting Section 36-10. 5, Neighborhood Conservation Residential Zone (RNC-12) . ORDINANCES BOOK #3; 93-3584 to 93- 3594 PAGE ORD. NO. TITLE DATE 1 93-3584 ORDINANCE AMENDING SECTION 10-35 OF THE CODE OF 8/3/93 ORDINANCES OF IOWA CITY, AMENDING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES __: ANNEXED SINCE 1991. 2 93-3585 ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF 8/1U/93 ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY ADOPTING SECTION 36-16.1, THE RESIDENT- IAL/OFFICE ZONE (R/0) AND AMENDING SECTION $6-58, ENTITLED "OFF STRaaT PARKING REQUIREMENTS," AND SEC- TION 36-62 ENTITLED "SIGN REGULATIONS," TO INCLUDE PROVISIONS FOR THE R/0 ZONE. 3 93-3586 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR PROPERTIES LOCATED ON THE NORTH SIDE OF JEFFERSON STREET BETWEEN LINN AND VAN BUREN STREETS AND PROPERTIES LOCATED ON THE SOUTH SIDE OF JEFFERSON STREET BETWEEN GILBERT AND VAN BUREN STREETS FROM CB-2, CENTRAL BUSINESS SERVICE, TO R/O, RESIDENT- IAL/OFFICE. 4 93-3587 ORDINANCE AMENDING CHAPTER 18, ENTITLED "HUMAN RIGHTS," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO EXPAND THE EXEMPTION FROM THE ORDINANCE FOR THE RENTAL, LEASE OR SALE OF HOUSING BY NONPROFIT CORP. 5 93-3588 ORDINANCE AMENDING CHAPTER 36 OF THE CODE OFWDRDINANCES 8/31/93 OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING BED AND BREAKFAST HOMESTAYS AND INNS AS AC- CESSORY USES IN ALL RESIDENTIAL ZONES EXCEPT THE FACTORY BUILT HOUSING RESIDENTIAL (RFBH) ZONE. 6 93-3589 ORDINANCE VACATING THE ALLEY LOCATED WEST OF GILBERT STREET AND NORTH OF KIRKWOOD AVENUE BETWEEN 210 AND 230 KIRK- WOOD AVENUE. 7 93-3590 ORDINANCE AMENDING SECTION 2-100 OF THE CODE OF ORDINANCES OF IOWA CITY BY REVISING THE MEMBERSHIP REQUIREMENTS FOR BOARDS AND COMMISSIONS. 8 93-3591 ORDINANCE AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY AMENDING SECTION 32. 1-63, PARKING FEES AND CHARGES AUTHORIZED IN CHAPTER 23. 9 93-3592 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE 10/12/ USE REGULATIONS OF AN APPROXIMATE 1.65 ACRE TRACT OF LAND 93 LOCATED AT 702 SOUTH GILBERT STREET, IOWA CITY, IOWA, CI-1, INTENSIVE COMMERCIAL, TO CC-2, COMMUNITY COMMERCIAL. 10 93-3593 ORDINANCE AMENDING ORDINANCE NO. 93-3565 AND THE ACCOMPAN- 10/26 ING CONDITIONAL ZONING AGREEMENT FOR AN APPROXIMATELY 240 ACRE TRACT, KNOWN AS WINDSOR RIDGE, LOCATED EAST OF SCOTT PARK, SOUTH OF LOWER WEST BRANCH ROAD, AND NORTH OF AMERI- CAN LEGION ROAD. 11 93-3594 ORDINANCE VACATING THE 1O FOOT WIDE WALKWAY RIGHT-OF-WAY LOCATED ADJACENT TO THE SOUTHWEST LOT LINE OF LOT 21, WINDSOR HEIGHTS, FIFTH ADDITION, IOWA CITY, IOWA. 9W—JD9D t0 94-ibU4 ORDINANCES_ BOOK .A0 12 93-3595 ORDINANCE AMENDING CHAPTER 23, ARTICLE II, ADMINISTRATION AND ENFORCEMENT, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY AMENDING SECTION 23-21, IMPOUNDMENT. 13 93-3596 ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY 11/23 CHANGING THE USE REGULATIONS OF APPROXIMATELY 1.2 ACRES OF LAND LOCATED AT 605 AND 617 KIRKWOOD AVENUE, IOWA CITY, IOWA. 14 93-3597 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATELY 0.139 ACRE TRACT OF LAND LO- CATED SOUTH OF BLOCK THREE, BRAVERMAN CENTER AND WEST OF KEO- KUK STREET, IOWA CITY IOWA. 15 93-3598 ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY ENTITLED "UTILITIES" BY REPEALING ARTICLE II, DIVISION 1 ENTITLED "WASTEWATER TREATMENT WORKS USERS" IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, DIVISION 1, TO BE CODIFIED AND ENTITLED THE SAME AND CONTAINING CERTAIN DEFINITIONS AND CLARIFICATIONS TO CONFORM TO STATE AND FEDERAL TAW. 16 93-3599 Ordinance amending Chapter 33 of the Code of Ordinan- 11/23/93 ances of the City of Iowa City entitled "Utilities" by repealing Article II, Division 2 entitled "Wastewater Treatment Works Indirect Discharge" in its entirety and enacting in lieu thereof a new Article II, Division 2 to be codified and entitled the same and containing certain definitions and clarifications to conform to State and Fed- eral law. 17 93-3600 Ordinance designating an area of the City of Iowa City, 12/7/ Iowa, as an Urban Revitalization Area which shall be 93 known as the Block 62 Urban Revitalization Area. 18 93-3601 Ordinance directing the regulation of rates charged by Cable Television operators for the Basic Service Tier and related equipment, and for Cable Programming Service Tiers and related equipment. 19 93-3602 Ordinance vacating portions of the Northern half of 12/17/93 Lafayette Street and the Eastern half of Maiden Lane. 20 93-3603 Ordinance amending Chapter 9.1 of the Code of Ordinances of the City of Iowa City, Iowa entitled "City Plaza" by repealing Section 9.1-7(i)entitled "Newspaper-Vending Machines and enacting in lieu thereof a new subsection 9. 1-7(i) , to be titled and codified the same. 94-3568 to 94-3577 1] 93-3568 Ord. amending the Zoning Ordinance by changing the use regulations of property located in the general vicinity of Johnson St. on the West, Clapp St. on the East, Market St. on the North, and Jefferson St. on the South, from RM-12, Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential. 12 93-3569 Ord. amending Chapter 23, entitled "Motor Vehicles and Traffic" of the Code of Ordinances of the City of Iowa City, Iowa, to revise and clarify the definition of Commercial Vehicle. 13 93-3570 Ord. amending the zoning ordinance by conditionally 4/27/93 changing the use regulations of approx. 30 acres of land generally located west of Sycamore Street and immediately north of the corporate limits from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential. 14 93-3571 Ord. amending the zoning ordinance by conditionally 5/11/93 changing the use regulations of an approximate 5.59 acre tract located North of American Legion Road at the North terminus of Owl Song Lane SE, from the County designation of RS, Suburban Residential, to RS-5, low density Single-Family Residential. 15 93-3572 Ord. amending Chapter 8, Article II, the Building Code, by ad opting the Uniform Building Code Standards, 1991 edition of the Uniform Building Code edited by the Inter- national Conference of Building Officials, and providing for certain amendments thereof; to provide for the pro- tection of the Health, Welfare and Safety of the Citizins of Iowa City, Iowa. 16 93-3573 Ord. amending Chapter 8, Article IV, "The Mechanical Code", by adopting the 1991 edition of the Uniform Mechanical Code with certain amendments thereto. 17 93-3574 Ord. amending Chapter 12, Article II, Fire Prevention and Protection, by adopting the 1991 edition of the Uniform Fire Code and providing for certain amendments thereof; to provide for the protection of the Health, Welfare and Safety of the Citizens of Iowa City, Iowa. 18 93-3575 Ord. amending Chapter 8, Article III, the Dangerous Build- ing Code, by adopting the 1991 edition of the Uniform Code for the Abatement of Dangerous Buildings with certain amend- ments thereto. 19 93-3576 Ord. amending Chapter 32. 1 ,entitled "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 32. 1-65 to revise certain fees for the reservation,rental,and use of Parks and Recreation Facili- ties Equipment. 20 93-3577 Ordinance amending the Zoning Ordinance by conditionally 6/8/9: changing the land use regulations of approx. 71.05 acres of land located North of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential. ORDINANCES BOOK 35 94-3578 to 94-3583 21 93-3578 Ordinance amending the Zoning Ordinance by changing the use regulations of approx. 13.98 acres of land located South- west of Teg Drive and East of the Western Section of Aber Avenue, Iowa City, Iowa. 22 93-3579 Ordinance amending the Zoning Ordinance by adopting Section 36-82(d) to permit construction of single-family dwellings on non-conforming lots of record. 23 93-3580 Ordinance amending Chapter 32.1,entitled"Taxation and Rev- enues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 32.1-70 to revise fees for transit vehicle charter service. 24 93-3581 Ord. amending the zoning ordinance by conditionally chang- 6-B- ing the use regulations of an approx. 55.14 acre tract of land located West of Scott Blvd. and North of the Iowa Inter- state Railway from RS-5, Low Density Single-Family Resi- dential, to OPDH-5, a preliminary planned developed housing (PDH) plan for Village Green South, Parts 3-8, Iowa City, Ia. 25 93-3582 Ord. amending the zoning ordinance by conditionally changing the use regulations of an approx. 6.92 acre tract located South of Scott Park and North of Fairview Golf Course from County RS, Suburban Residential, to ID-RS, Interim Devel- opment Single-family Residential. 26 93-3583 Ordinance amending Chapter 32.1 "Taxation and Rev- 7/20/93 enues" of the Code of Ordinances of the City of Iowa City, Iowa by amending Section 32.1-55 therein to revise landfill use fees. ORDINANCE NO. 93-3558 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND NORTH OF COURT STREET FROM THE COUNTY DESIGNATION OF RS, SUBURBAN RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE FAMILY RESIDENTIAL WHEREAS,the subject property is presently located outside the Iowa City corporate limits; and WHEREAS,the owner of said property has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code§368.7, annexation of the property must be approved by both the City and the city development board; and WHEREAS, the property is located in an area which is envisioned for future residential development; and WHEREAS, RS-5, Low Density Single-Family Residential, zoning permits the type of residential development which will be appropriate and compatible with the intended future growth of this area and with existing development on the east side of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. ZONING AMENDMENT. The property described • below Is hereby reclassified from its present classification of RS in Johnson County to RS-5, a zoning classification In Iowa City for Low Density Single-Family residential development subject to approval of the requested annexation of the property into the City of Iowa City by the city development board: The east 410 feet of the west 1070 feet of the south 830 feet of Section 12, Township 79 North Range 5 West of the Fifth Principal Meridian, excepting therefrom that portion of Court Street which lies within the limits of the above described parcel.Said parcel contains 7.08 acres more or less and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final • passage, approval and publication of this Ordinance as provided by law and notification from the city development board that annexation is completed. SECTION III. RECORDATION. The City Clerk Is hereby authorized and directed to record this Ordinance at the Johnson County Recorder's Office,following final passage and approval, and notification from the city development board that the annexation is completed. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V.SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 93-3558 Page 2 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved// this 5th day of January,1993. MAYOR ,/7 ATlESTr:r ER 4S. 9&A 4 C CL K Approved by y:) i City Attorney's Office- / Z ppdadminlcourtstord It was moved by Larson and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/24/92 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: Kubby. Second Consideration 12/15/92 Vote for passage: AYES: Larson, McDonald, Novick,Ambrisco, Courtney, Horowitz. NAYS: Kubby. ABSENT: None. Date published 1/13/93 • • Ie .L.0411,7 Tr:rng,911 CITY OF IOWA CITY • STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3558 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of January , 19 93 ,all as the same appears of record in my office • and published in the Iowa City Press-Citizen on the 13th day of January 19 93 . Dated at Iowa City, Iowa, this 10th day of February , 19 93 . 7{ Yid-0 Susan Walsh Deputy City Clerk lwahth.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1876 na FAX(319) 356-5009 •k CRP. Y'3-355e OFFICIAL PUBLICATION —1 ORDINANCE NO. 93-3550 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO Printer's fee $ /5:9/ CHANGE THE USE REGULATIONS OF CERTNN PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND NORTH OF COURT STREET FROM THE COUNTY DESIGNATION OF NS, CERTIFICATE OF PUBLICATION •FAMILY ANRERE RESIDENTIAL TO PSS.LOW DENSITY SINGLE STATE OF IOWA, Johnson County, ss: t WHEREAS,aYabnapmpaN le%eeanaN iodated GWMA THE IOWA CITY PRESS-CITIZEN 1 MEREASBaa Iowa ONy,wenwaes;and WHl properly had PlaYneddY Cay FED. procemeng ID # 42-0330670 aeaa voluntary. Y .� Msere Y rnand p.GHY 1 wNl ed WHEREAS.pursuant to lows Code 43687.ay and i atlr properly Tad M end E by both the CCy and Ere fdy deadw s toed.and f WHEREAS.the papery Y located Y an an welch Y Margaret Rios, being duly sworn envisioned for haunt reeldeelal develOprnerd;end ""sio°a'""°""'®1tla"'al°""°""ed;Ya WHEREAS. R5.8, Loa Density SYglaFSITPy Residential, say that I am the legal clerk of zoning permits arldc"wabbla 4eideal development evelop entw"'"m S bs appropriate and campalae with the intended Mae gwM a the IOWA CITY PRESS-CITIZEN, Mt eaa and web bang development al the east septe a lea NOW, THEREFORE, BE R ORDNNED BY THE CITY a newspaper published in said COUNOL OF THE CITY OF IOWA CITY.IOWA THAT: county, and that a notice, a w"BereW frNING mEsp�d described printed copy of which is hereto Johnson gY rn%r�nNera devederdificaten lopment to approval aWe requested a,n Cl tree propels into the attached, was published in said CAN a q Ma p.dw•Mpn Wen ' paper —L time(s), on the T^0°'"dlo tSBflnTo Yownoramsouth 633(ala Seton 12.Township 79 eaNOM Rang.5 Web Cl Me Fit Pitntipe following date(s): Meer.excepting McMorn Mel portico of Can Street which Ila viten the rNr awe above arAYed parcel.Sae parcel contains j 3j I(] ra 7.09 was mow or'Yee rM W e Ly0.t to 7U.G� / ✓� / 7� easements and ratlktlar a record. (/J SECTION II.ZONING MAP.Tee BONN Impala la hereby authorized end armed to change the Zoning Map a the CAy a Iowa GN,laws to aadonT to the rN1anM upon anti passage approval and publication a MY Ordinance an C-272 ,._/ provided by law rhe notification from.the ay dwvelapnra - 72./�I�C.v��f..f/ board that revmon Y AaWteed. SFCRON in, RECORDATION. The city Gera Y hereby authorized and directed to record MY Ordinance at Me.bNpM Legal Clerk County Recorder's Omce.ralowtog And passage and Verbal. alp redaction Iran tie dal daeepnae board Oa the aamabn Y Congest Subscribed and sworn to before me SECTION N, REPEALER. M pampa and gem p aCITON ,cRalswMMe AA ordinances aMY pee re O S�NVV$EVFRABIUTY parry eactl n,povYlm a pens this Q l ay of cP-CY , A.D. thunconSa :".,uc„ad, eend aAo sQu w�Lym 1 T'l lJ, w Oawv a s wove a ay aeabn provisi ri a pan arrear it mrydged invalid an temnanabw. SECTION w.FFFECTIVE DATE. The Ordinance Ma be Y / 4 ease alter m iwa passage approve and metal". a provlaed by law. /�`—t'_ / l Passed arid approved this 5th day of January,1993. vren •- et, SHARON r 15 t lie . . • MAYOR ,eg %Y" I, • - ATTEST', Nh R.w/x).4"”en..) 09644 January13,1993 • l ORDINANCE NO. 93-3559 AN ORDINANCE AMENDING CHAPTER 15 ENTITLED"SOLID WASTE",OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA TO CREATE A NEW SECTION TITLED "LIEN". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. Chapter 15 "Solid Waste" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by enacting a new section to be codified as Section 15-43, to read as follows: Sec. 15-43. Lien. In addition to the above, the city shall have a lien upon the property of any user or property owner who has failed to pay for solid waste service. After written notice and public hearing,the city shall adopt by resolution said lien(s), and the city clerk shall certify the amount of the lien and file the same with the county. Such lien shall attach to the property receiving solid waste service upon certification by the city council and filing of the lien with the county. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the city for solid waste service supplied and costs incurred in perfecting such lien. Such Tien shall be enforced until payment in full, at which time the lien shall be deemed satisfied,and the city shall acknowledge satisfaction thereof and file a release with the county. However, any rental property owner or manager who furnishes to the city, in writing, the name and forwarding address and telephone number(if known)of former tenants who have vacated the premises where solid waste bills are past due, delinquent and unpaid, then in that event the city shall forbear filing the lien provided in this section. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid of 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 4. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 5th day of January,1993. , ,,..,,,tA MAYOR � • ATTEST: 9(', 4 / CITY CLERK Approved by City Attorney's Office pweng\soHdwst.ard It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson McDonald X Novick First Consideration 12/15/92 Vote for passage: AYES: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1/13/93 Moved by McDonald, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Larson. NAYS: Kubby. ABSENT: None. a • � R Ay CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3559 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of January , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of January 19 93 . Dated at Iowa City, Iowa, this 10th day of February , 19 93 jtadAl A! (Ca) Susan Walsh Deputy City Clerk 1wd•h.crt CIVIC CENTER • 010 E. WASHINGTON ST. GeN' � PHONE (319) 756-5000 IOWA CITY IOWA 52200-1826 /�\�+c���,��/ FAX(319) 356-5009 \efts OR.o. 9 3-'355 9 • Printer's fee $ / c2(.- --- OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO. 93-3559 STATE OF IOWA, Johnson County, ss: AN ORDINANCE AMENDING CHAPTER 15 ENTITLED'SOLID WASTE',OF THE COOS OF ORDINANCES OF THE CITY OF THE IOWA CITY PRESS-CITIZEN IOWA CITY,IOWA TO CREATE A NEW SECTION TITLED 'UEH'. FED. ID# 42-0330670 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF IOWA CITY,IOWA THAT: I, SECTION I. Chapter 15 *Sole Waists' all the Code of Ordinances of the City 01 Iowa City,bwa,b.,and the same■ Margaret Rios, being duly sworn hereby amended by,enacting a new.action to be Codified se Section 15-43,to reed a.follows: say that I am the legal clerk of $i.1 . In addition to the above the cay shall have a Hen upon the IOWA CITY PRESS-CITIZEN, tailed the so : property�who payproperty Idastaaice. .rtee and a newspaper published in saidpublichearing,the city shall adopt byresolution said anti the city clerk shall car*N.amount of the lien and tile the same with the county. Such Yen'hal attach to the county, and that a notice, a pioparty receiving cin wane sense won candicahon by printed copy of which is hereto city council and afiling r the lien with the county. Lienstth perfected in Ms manner shall be assessed against the attached, was published in said sold property extenservice the balance due to the city for sold watts service supplied and costs named in pedectkq such ken. Such fen'hall be enforced until paper -___ time(s), on the payment m Jul,at which time the lion shay be deemed satisfied,and the city shall acknowledge satisfaction thereof following date(s): and tile a release with the county. However,any rental property owner or manager who furnishes to Ihe city,in fr.77-6-0e.)-(1 rte^^ wrung,the nam.and forwarding address and telphone / 3. /�jC J 7 number Of known)al Harmer tenants who have vacated the 7 premises where solid waste bill an.past due,delinquent and unpaid,then n that event the city shall forbear tiling the Yen provided in this section. SECTION 2. REPEALER. AS ordinances or pans of ordinance&in conflict with the provaons of this Ordinance are c hereby repealed. �f �q SECTION 3. SEVERABILITY. ti any action,pression or part .(�C�y f/�C��� of the Ordinance shall be adjudged to be &weld of / urroyrtMonai.such adrydiption shall not affect the validity of Legal Clerk the Ord`"^c4 as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in effect after as final passage, approval and publireCon se ed and sworn to b ore me required by law. Subscribed /" ''QQ passed and approved the 5th day of ,hanuary,1993. this (Y 4._day of , A.D. " / tL�� .i.Are/ ./ . �%�. 19 MAYOR . ATTEST: fill �as rSw,`JA�� crmyyc. Notary Public 09643 January 13;1993 . f SHARON STUB ord ORDINANCE NO. 99-9560 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FROM CO-1 to CC-2 FOR CERTAIN PROPERTY KNOWN AS LOTS 13 AND 14, BLOCK ONE, BRAVER MAN CENTER SUBDIVISION, LOCATED ON PEPPERWOOD LANE, EAST OF KEOKUK STREET. WHEREAS,the Applicant has requested a zone change from CO-1, Commercial Office,to CC-2,Community Commercial, for the property known as Lots 13 and 14, Block One, Braverman Center Subdivision; and WHEREAS,the subject property is located in an area which provides a transition from commercial to residential zoning and land uses; and WHEREAS, the proposed zone change will continue to provide for a transition from commercial to residential zoning and development. NOW, THEREFORE, BE fT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. APPROVAL The property described below is hereby reclassified from its present classification of CO-1, Commercial Office Zone, to CC-2, Community Commercial Zone: Lot 13 and Lot 14, Block One, Braverman Center Subdivision. Said tract of land contains 1.0 acre, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City,Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the Owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV, REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATA. This Ordinance shall be in full farce and effect from and after its final passage, approval and publication, as provided by law. PaA ed and approved this 19th day of January, 199,. If 4 1 MAYOR • • • ATTEST: /_a� 7e CITY K Approved by /Os_- • City Attorney's Office Z/3/Asa. It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney X Horowitz x Kubby Larson McDonald _X_ Novick• First Consideration 1/5/91 Vote forpassage: AYES: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1/27/93 Moved by Ambrisco, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. S 2Tv,l,l^Ir i 1 ^1111111��1111„�}„ -5 -•� T ii1 .1.-. LTi 7 _ I, )fir CITY OF IOWA CITY STATE OF IOWA ) 1 SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3560 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19thday of January , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of January 19 93 . Dated at Iowa City, Iowa, this 10th day of February , 19 93 ALLairt (Valli]) Susan Walsh Deputy City Clerk 1walah.cf CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52200-1826i&ft FAX(319) 356-5009 3 ow. 93-356X) OFFICIAL PUBLICATION Printer's fee $ 4,2<P8 ORDINANCE NO. } 5', AN ORr✓INANCE AMENDING THE ZONING ORDINANCE B" CERTIFICATE OF PUBLICATION ANANGNG THE USE REGULATIONS FROM DIN to CC-2 FOR CERTAIN PROPERTY KNOWN AS LOTS 13 AND 14, STATE OF IOWA, Johnson County, ss: BLOCK ER1WBOOOOV W�TEA CANTER SUBOU RE TED THE IOWA CITY PRESS-CITIZEN WHEREAS,the Applicant has requested a zone change from FED. ID# 42-0330670 co.,. ommercial Offnoown as Lots'13 andn14, BCommercial. ck O`er for i, property Braverman Center Subdivision:and I WHEREAS,the sutsect property is located in an area Wa.'I. prOVMes a transitM from commercial to residential so. Margaret Rios, being duly sworn, and land uses:and WHEREAS, the proposed none commercial will rrtral 0 0 provide for a Transition from Commercial to residential zoni�y say that I am the legal clerk of and development. NOW, THEREFORE, BE R ORDAINED BY THE CITY the IOWA CITY PRESS-CITIZEN, COUNCIL OF THE CITY OF IOWA CITY.IOWA THAT: 1S ee�ON I APPROVAL. The property deunbad beinw a newspaper published in said h«eby eclassdieo from m preteen r y de cube 1. Commeraal Office Zone.to CG Comma-styZ.ComvlY Commercial county and that a notice a Zone: Lot 13 and Lot 16. Block One, Braverman Center printed copy of which is hereto Subbivrsnon. Saw tract of land contains 1.0 acre,mora or leu.and,s subleCt to ealements arestrictionsCtiOdf attached, was published in said °`pr d. paper / time(s), on the Irl is s AP.The Budding Inspector is hereof authorised and directed to change the Zoning Map of the Cityof Iowa City,Iowa.to conform to this amendment upon hint following date(s): Passage, approval, and publication of this Ordinance provMed by aw. Th. ply EATIFIcATION ANO RECOROINQ yr- ,,,,,,z,,,,„17f /993 Clam n hereby a OCh 5 01d sed corded ty Certhe O n copy of [hieCle Ordinance wtvch SNII be rdireCi tl by ma ifyac at the Office of the County Recorder of Johnson County,Iowa. • upon final passage and publication as provided by law. !C-CT10N IV REPEALS& All ordiranCes of parts of ordinances in conflict with the provisions of this Ordinance ate hereby repealed. ^UCTION V.SEVERABILITY. If any secticf.provision or part /.—)2/ /q ,�.^ of the Ordinancereheatsnap be sdludped to be �nvalitl or �Y// �i7./�K�tIC.,( ,/,P)•Q,L unconstitutional. such a°ludlcation shall not affect the / validity of the Ordinance ase whole or any Section,prov.awn Legal Clerk or part thereof not adjudged invalid or unconstitutional. [TION VI, EFFECTIVE OATS. This Ordinance stall be in fall foes and affect from and after its final passage,approval and publication,as provided by law. Subsc / ri •d and sworn to before me PISMO,and apprmred thio 19th day of January �t99 1 // MAYOR this �I L day of , A.D. 191 5. • ATTEST /SO / qTY sitfra 09551 January 27,1993 ' ...,..)14-a-A43,-../N._ Notary Public etht-,=T SHARON STUBBS 2 ORDINANCE NO. 93-3561 AN ORDINANCE AMENDING ORDINANCE NO.90-3483 AND THE ACCOMPANYING CONDITIONAL ZONING AGREEMENT FOR A CERTAIN 95.61 ACRE PROPERTY, KNOWN AS WHISPERING MEADOWS DEVELOPMENT, LOCATED SOUTH OF HIGHWAY 6 AND WEST OF BON AIRE MOBILE HOMES. WHEREAS, on November 13, 1990, the City Council approved Ordinance No. 90-3483, (hereinafter -Ordinance'), rezoning an approximately 95.61 acre property known as the Bjornsen tract, and subsequently known as the Whispering Meadows Development, from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single- Family Residential; and WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City and CB Development, Ltd. ("Developer), which Agreement limited development of the subject property;and WHEREAS,Condition 1 set forth in both the Ordinance and Agreement acknowledged: "The understanding that this is out- of-sequence development as it is presently defined in the Comprehensive Plan;" and WHEREAS, in September 1991 and March 1992, the City Council approved Comprehensive Plan amendments designating the central and east portions of the South Area, which area encompasses the Whispering Meadows tract,as an in-sequence development area; and WHEREAS, Condition 4 of the Ordinance and Agreement recorded November 15, 1990 in Book 1184, page 9 of the Johnson County Recorder's Office, prohibited the construction of basements within the Whispering Meadows Development due to the wet characteristics of the soils on the property; and WHEREAS,the City Public Works Department has advised that the City should not prohibit basements on lots abutting a subsurface drainage system where the Developer and/or contractor accepts responsibility for installation of a sump pump and adequate foundation tile which discharge into said drainage system and an engineer certifies minimum low opening elevations; and WHEREAS,the City and Developer now wish to amend the original Ordinance and Conditional Zoning Agreement to permit basements in the Whispering Meadows Development under certain conditions, which amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance No. 90-3483 and the accompanying Conditional Zoning Agreement are amended by deleting Section 1.1 of the Ordinance and Section 4.1 of the Agreement in their entirety and adopting in lieu thereof the following: 1) The understanding that this is in-sequence development as it is presently defined in the Comprehensive Plan. The Ordinance and Agreement are further amended by deleting Section 1.4 of the Ordinance and Section 4.4 of the Agreement in their entirety and adopting in lieu thereof the following: Ordinance No. 93-3561 Page 2 4) Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile which discharge into said drainage system. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Developer and/or contractor, and the City shall not be responsible for inspecting installation of sump pumps and foundation tile. Discharge of roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these amended provisions concerning basements on lots abutted by a subsurface drainage system, the property owner's registered engineer shall certify to the following: a. there is no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system; and b. foundation tile and sump pump have been properly installed and connected to said subsurface drainage system; and c. no structure on the property has an opening to living areas below the minimum low opening (MLO) elevation listed for each lot on the site grading and erosion control plan. The Ordinance and Amended Conditional Zoning Agreement, after adoption, shall be recorded in the Johnson County Recorder's Office. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. LI Ordinance No. 99-3561 Page 3 Passed and approved this 19th day of a�Jy, 1993. PAYOR �� / ATTEST: 1drac le;--1-0) 9f'.) ti! CITY CL Approved by C Ci Attorney's Office ppdndmnlp434O3.md 7=//57'.i 4 • It was moved by Horowitz and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz Kubby _x_ Larson x McDonald x Novick First Consideration 12/15/92 • Vote for passage: AYES: '_Cubby , Larson, McDonald, Novick, Ambrisco Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration 1/5/93 Vote for passage: AYES: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Date published 1/27/93 AMENDED CONDITIONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter"the City") and CB Development, Ltd., an Iowa Corporation (hereinafter"Developer"). WHEREAS, Developer, as contract purchaser, became legal title holder of the property located south of Highway 6 and west of Bon Aire Mobile Homes, formerly known as Bjornsen tract and now known as Whispering Meadows Development, legally described on Exhibit A attached hereto; and WHEREAS, on November 13, 1990, the City Council of Iowa City approved Ordinance No. 90- 3483(hereinafter"Ordinance) rezoning the approximately 95.61 acre tract of property now known as Whispering Meadows Development, from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential; and WHEREAS,said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Developer which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on November 15, 1990 in Book 1184, Page 9 of the Johnson County Recorder's Office, and WHEREAS, Condition 1 set forth in the Agreement acknowledged that the development was out- of-sequence development as defined at that time in the Comprehensive Plan; and WHEREAS, in September 1991 and March 1992,the City Council approved Comprehensive Plan amendments designating the portion of the South Area which encompasses this property as in- sequence development; and WHEREAS, Condition 4 of the Agreement prohibited construction of basements within the development; and WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to permit basements in Whispering Meadows Development under certain conditions and to reflect the amendments to the Comprehensive Plan. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, the development of the property now known as Whispering Meadows Development was out-of sequence development as then defined in the Comprehensive Plan. The Parties further acknowledge that the City Council adopted amendments to the Comprehensive Plan which redesignated this area as in-sequence development. 2. The Parties acknowledge that the original Conditional Zoning Agreement prohibited construction of basements and that the parties now wish to permit the construction of basements in Whispering Meadows Development under certain conditions. I 3. The original Conditional Zoning Agreement dated October 15, 1990 and recorded in Book 1184, Page 9 of the Johnson County Recorder's Office shall be and Is hereby amended by deleting Section 4.1 of said Agreement in its entirety and inserting in lieu thereof the following: 1) The understanding that this is in-sequence development as it is presently defined in the Comprehensive Plan. 4. The original Conditional Zoning Agreement is further amended by deleting Section 4.4 in its entirety and inserting in lieu thereof the following: 4) Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile which discharge into said drainage system. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Developer and/or contractor, and the City shall not be responsible for inspecting installation of the sump pumps and foundation tile. Discharge of roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these amended provisions concerning basements on lots abutted by a subsurface drainage system,the property owner's registered engineer shall certify to the following: a. there is no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system; and b. foundation tile and sump pump have been properly installed and connected to said subsurface drainage system; and c. no structure on the property has an opening to living areas below the minimum low opening (MLO) elevation listed for each lot on the site grading and erosion control plan. 5. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1991) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. 6. Developer acknowledges that in the event the subject property is transferred, sold redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall 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 shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 8. Nothing in this Agreement shall be construed to relieve the Developer from complying with all applicable local, state and federal regulations. 9. Nothing in this Amended Conditional Zoning Agreement In any way afters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 10. The Parties agree that Developer shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office. Dated this 15th day of December, 1992 CB DEVELOPMENT, LTD. BY: Oa o) 9os4lr Carol Barker, President & Secretary CITY OF IOWA CITY, IOWA BY: carrel G.C•urtney, M or ATTEST: ii1, 6 e ,/ / Marian lttarr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this i47114 day of fecG+Jarr , 19924 before me,the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker, to me personally known, who being by me duly sworn, did say that she is the President and Secretary of CB Development, Ltd.,an Iowa corporation, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Carol Barker acknowledged the execution of the instrument to be the voluntary act and deed of the corporation by it, and by her voluntarily executed. 5 ,., h. Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this tru day of .Tamar- , 19 9?, before me, Smarty_ lr j�r , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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 authgi of its City Council, as contained in (Ordinance) (Reselatien) No. 93-3541 passed (the adopted) by the City Council, under Roll Call No. of the City Council on the 19 ''" day of 'ss,,,.,,a, , 19 9 , and that Darrel G. Courtney 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. Sor,dnwir Notary Public in and for the State of Iowa • Approved By City Attomsy'eAfflce iz/,5/9 ., q EXHIBIT "A" A part of the E 1/2 of the SE 1/4 of Section 23, and a part of the W 1/2 of the SW 1/4 of Section 24, all in Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows. . Beginning at the Southeast Corner of said Section 23; Thence N 88°21'12" E, 1319.68 feet;Thence N 00°09'02"W, 2212.14 feet;Thence N 74°09'33"W, 380.07 feet to a point on the Southeasterly Right-of-Way Line of Lakeside Drive; Thence S 38°38'01" W, 285.69 feet along said Southeasterly Right-of-Way Line; Thence Southwesterly 209.03 feet, on a 233.00 foot radius curve, concave Northwesterly, whose 202.09 foot chord bears S 64°20'05' W; Thence N 89°57'51' W, 464.58 feet to the East Line of Lakeside Addition, as recorded in Plat Book 9, at Page 99 of the Records of the Office of the Johnson County Recorder; Thence S 00°02'09" W, 927.00 feet along the East Line of said Addition to the Southeast Corner thereof;Thence N 89°57'51'W, 1440.00 feet along the South Line of said Addition to the Southwest Corner thereof; Thence S 00°02'05" W, 1126.07 feet; Thence N 89°37'07" E, 1318.71 feet to the Point of Beginning. Said Tract of Land contains 95.61 acres more or less, and is,subject to easements and restrictions of record. • a nt. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) • I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3561 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of January , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of January 19 93 . Dated at Iowa City, Iowa, this 10th day of February , 19 93 Ja&eidi 4 alai-SA 1 Susan Walsh Deputy City Clerk \w&sh.a, CIVIC CENTER • 410 E WASHINGTON ST. PHONE (319) 336-5000 IOWA CITY IOWA 53140-1816 FAX(319) 356-5009 OFFICIAL PUBLICATION O 3 -3S( ORDINANCE NO.97-1561 /C..4: 3 AN ORDINANCE AMENDING ORDINANCE NO.e0-3493 AND / THE ACCOMPANYING CONDITIONAL ZONING AGREEMENT Printer's fee �' 3�� FOR A CERTAIN 95.61 ACRE PROPERTY, KNOWN AS WHISPERING MEADOWS DEVELOPMENT, LOCATED SOUTH OF HIGHWAY 6 AND WEST OF BON AIRE MOBILE CERTIFICATE OF PUBLICATION HOMES. STATE OF IOWA, Johnson County, ss: WHEREAS.Orrin coNovember 3.1ethe City Council approved Ordinance No 903483,(hereinafter'Ordinance"). THE IOWA CITY PRESS-CITIZEN rezoning an approximately 95 cenp t acre property known ore the Bjornson tract,and subsequently known as rite Whispering Meadows Development. from ID-RS, Interim Development FED. ID # 42-0330670 Single-Family Resbential,to RS.9.Medium Density Srigle• Family Residential:and WHEREAS. sad ordinance authorized execution d a Conditional Zoning Agreement between the City of Iowa City and CB Development,Lid. ('Developer),which Agreement Margaret Rios, being duly sworn, limited development of the subject property;and say that I am the legal clerk of Went acknowledged.ion set loMoboth the gdmas and Agreement acknowledged: -The understanding That this is out• of-sequence development as n rs presently defined n the the IOWA CITY PRESS-CITIZEN, Comprehensive Plan;and WHEREAS,in September 1991 and March 1992,the City a newspaper published in said Council approved Comprehensive Plan amendments designating the central and east porters d the South Area. county, and that a notice, a which area encompasses the Whispering Meadows tract,as an in-sequence development area;and printed copy of which is hereto WHEREAS,Condition 4 0l the Ordinance and Agreement recorded November 15. 1990 in Book 1184,page 9 d the attached, was published in said Johnson County Recorder's Office,prohibited the construction of basements within the Whispering Meadows Development due paper time(s), on the the wet characteristics of the soils on the properly;and to WHEREAS.the City Public Works Department has advised following date(s): that the City should not prohibit basements on tots abutting a subsurface drainage system where the Developer andron contractor accepts responsibility for installation of a sump pump / (- . and adequate Inundation tile which discharge into sad drainage .`tys a l 7� 7 __- system and an engineer certifies minimum low opening elevations;and WHEREAS,the City and Developer now wish to amend the original Ordinance and Conditional Zoning Agreemem to permit basements in the Whispering Meadows Development under certain coowhich amended Agreement is attached (11'1 - hereto and hERincorporatedFO . referenceODANE ,11'1l •. .{�A NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: Legal Clerk SECTION I. Ordinance No 90-3483 and the accompanying Conditional Zoning Agreement are amended by deleting Section I.I of the Ordinance and Section 4 1 of the Agreement et their entirely and adopting in lieu thereof the following' 1)The understanding that this finrthe Subscribed and sworn to before me development as d is presently,defined in m IM Comprehensive Plan. this day of A.D. The Ordinance and Agreement are further amended by deleting f Section 1.4 0l the Ordinance and Section 4.4 of the Agreement in!her entirety and adopting in leo thereof the blowing: 19 4)Basements may be constructed On lots which are abutted by a subsurface drainage system provided Sljt://it'.61 said basements are equipped with a sump pump and adequate Inundation lite which discharge Into sad drainage system. Proper installation of the Bump pump and foundation tile shall be the sole respons,Lllity of the Developer andror contractor,and Notary Public the City shall rot be responsible for inspecting installation of sump pumps and foundation tile. Discharge of roof drains and downspouts of dwellings • - into the subsurface drainage system is prohibited. To SSHARONS rTLJB ensure compliance with these amended provisions lot otconcerning basements on s abutted bye subsurface • •' drainage system, the property owner's regislered engineer shall certify to the following: a. there is oro discharge of roof drains and downspouts&dwellings into the property's subsurface drainage system;and b. foundation file and sump pump have been properly installed and connected to sad subsurface drainage system,and G no structure on the property has an opening to (wing areas below the mmimum low opening IMLOI elevation listed for each lot on the site grading and erosion control plan, The Ordinance and Amended Conditional Zoning Agreement.alter adoption,shall be recorded in the Johnson County Recorder's Office. SECTION II REPEALER All ordinances and pans of ordinances m conflict with the provrsonc of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section,provision or pan of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not elle&the validity 01 the Ordinance as a whole or any sedan,provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect alter its final passage, approval and publication, as provided by law. Passed and approved Ihis 19th day of -la , 1991. 4fflirr, • AVON �/ ,J ATTEST: ?�4-r8,a) 7f"/ 9Yvtn J CITY L ow. 43-356f ef 3 OFFICIAL PUBLICATION OFFICIAL PUBLICATION AMENDED CONDfT1ONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa,a Municipal Corporation (hereinafter"the City")and CB Development,Ltd.,an Iowa Corporation(hereinafter'Developer'). WHEREAS,Developer,as contract purchaser,became legal title holder of the property located sout nowh hknown asaWhispering west Mo Meadows Are Mobile of Development legallydescrriknown on Exhibitetract A attached hereto;and WHEREAS,on November 13, 1990,the City Council of Iowa City approved Ordinance No.90- 3483(hereinafter'Ordinance)rezoning the approximately 95.61 acre tract of property now known as Whispering Meadows Development, from ID-RS, Interim Development Single-Family Residential,to RS-8, Medium Density Single-Family Residential; and WHEREAS,said Ordinance authorized execution of a ConditionalZoningAgreement between the City and the Developer which limited development of theproperty;and WHEREAS,said Ordinance and Agreement were recorded on November 15,1990 in Book 1184, Page 9 of the Johnson County Recorder's Office,and WHEREAS,Condition 1 set forth in the Agreement acknowledged that the development was out- of-sequence development as defined at that time in the Comprehensive Plan;and WHEREAS,in September 1991 and March 1992,the City Council approved Comprehensive Plan amendments designating the portion of the South Area which encompasses this property as in- sequence development;and WHEREAS, Condition 4 of the Agreement prohibited construction of basements within the development; and WEEAS,the permit basements in randty wishConditionalAgreement Whispering Meadows Development under certain conditions and to reflect the amendments to the Comprehensive Plan. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. The Parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, the development of the property now known as Whispering Meadows Development was out-of sequence development as then defined in the Comprehensive Plan. The Parties further acknowledge that the City Council adopted amendments to the Comprehensive Plan which redesignated this area as in-sequence development. 2. The Parties acknowledge that the original Conditional Zoning Agreement prohibited construction of basements and that the parties now wish to permit the construction of basements in Whispering Meadows Development under certain conditions. 3. The original Conditional Zoning Agreement dated October 15,1990 and recorded In Book 1184,Page 9 of the Johnson County Recorder's Office shall be and Is hereby amended by deleting Section 4.1 of said Agreement in its entirety and inserting in lieu thereof the following 1) The understanding that this is in-sequence development as it is presently defined in the Comprehensive Plan. 4. The original Conditional Zoning Agreement is further amended by deleting Section 4.4 in its entirety and inserting in lieu thereof the following: 4) Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile which discharge into said drainage system. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the Developer and/or contractor, and the City shall not be responsible for inspecting installation of the sump pumps and foundation tile. Discharge of roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these amended provisions concerning basements on lots abutted by a subsurface drainage system,the property owner's registered engineer shall certify to the following' a. there is no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system; and l' ck.D °335( f 3crP 3 OFFICIAL PUBLICATION b. foundation tile and sump pump have been properly installed and connected to said subsurface drainage system;and c. no structure on the property has an opening to living areas below the minimum low opening(MLO)elevation listed for each lot on the site grading and erosion control plan. 5. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code§414.5(1991) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. 6. Developer acknowledges that in the event the subject property is transferred, sold redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall 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 shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 8. Nothing in this Agreement shall be construed to relieve the Developer from complying with all applicable local,slate and federal regulations. 9. Nothing in this Amended Conditional Zoning Agreement In any way afters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 10. The Parties agree that Developer shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office. Dated this 15th day of December, 1992 CB DEVELOPMENT, LTD. BY: Cwt C Q.30.n.\174.7,.. Carol Barker,President&Secretary CfTY OF IOWA CITY.IOWA BY:-s.// �"/Lal • barrel G.Courtney, M or ATTEST: u � Q; / Marian l 1<arr,City Clerk A part of the E 12 of the SE 1/4 of Section 23, and a part of the W 1/2 of the SW 1/4 of Sect:on 24, all in Township 79 North, Range 6 West. of the Fifth Principal Meridian,Iowa City,Johnson County, Iowa,more particularly described as follows. Beginning at the Southeast Corner of said Section 23; Thence N 88021'12' E. 1319.68 feet;Thence N 00°09'02'W,2212.14 feet;Thence N 74°09'33'W,380.07 feet to a point on the Southeasterly Right-of-Way Line of Lakeside Drive;Thence S 38°38'01'W,285.69 feet along said Southeasterly Right-of-Way Line;Thence Southwesterly 209.03 feet,on a 233.00 foot radius curve,concave Northwesterly, whose 202.09 foot chord bears S 64°20'05' W; Thence N 89°57'51' W, 464.58 feet to the East Line of Lakeside Addition, as recorded in Plat Book 9, at Page 99 of the Records of the Office of the Johnson County Recorder;Thence S 00°02'09' W, 927.00 feet along the East Line of said Addition to the Southeast Corner thereof;Thence N 89°57'51'W,1440.00 feet along the South Line of said Addition to the Southwest Corner thereof;Thence S 00°02'05'W, 1126.07 feet;Thence N 89°37'07'E, 1318.71 feet to the Point of Beginning. Said Tract of Land contains 95.61 acres more or less, and is subject to easements and restrictions of record. 09552 January 27,1993 7 Ord S( ORDINANCE NO. q9-3562 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 17-2, 17-5, 17-6, AND 17-7 TO IMPROVE THE LEVEL OF FIRE SAFETY IN EXISTING RESIDENTIAL STRUCTURES AND TO ENSURE THAT HOUSING REQUIREMENTS ARE CONSISTENT WITH THE CURRENT H.U.D. REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by inserting the new definition 'fraternity/sorority' to be codified the same to read as follows: Sec. 17-2. Definitions Fraternity/sorority house shall mean a building used as a residence by a chapter of a fraternal or sororal non-profit organization recognized by the University of Iowa. For purposes of this code a fraternity/sorority house shall be considered a rooming house. Occupancy classification for State of Iowa Fire Code is 'dormitory". SECTION 2. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-5(il(11(c) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-5. Minimum structure standards for all dwellings. (i) Exits. (c) Multiple dwellings and rooming houses with an occupant load of ten or more shall have access to two (2) exits. SECTION 3. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-6(c)&(d) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-6. Minimum structural standards for all rental housing. Section 17-6.(c) FIREEXTINGUISHERS Fire extinguishers which are approved by the Fire Marshal shall be provided within every single-family dwelling, dwelling unit within a duplex,and dwelling unit within a multiple dwelling. Multiple dwellings shall have fire extinguishers located within each laundry room and central mechanical room, except where these rooms are contiguous they may be served by one fire extinguisher. Laundry rooms and central mechanical rooms which are equipped with an automatic sprinkler system are exempt. The minimum size fire extinguisher is a 2A 108C. Fire extinguishers must be properly mounted and in an area of easy access. Fire extinguishers with a classification less than 2A 1 OBC or lacking an ABC rating shall be replaced with a 2A 10BC or larger unit by July 31, 1994. Rooming houses are required to have a 2A 10BC rated fire extinguisher supplied on each floor level including habitable basement areas and in each kitchen. Fire extinguishers supplied in areas of public access shall be contained within an approved tamper-proof cabinet. 5 Ordinance No. 93-3562 Page 2 Section 17-6.(d) EARLY WARNING FIRE PROTECTION SYSTEM All dwelling units, and rooming units shall be provided with smoke detectors as approved by the Fire Marshal. Smoke detectors shall be installed in accordance with the manufacturer's instructions. Dwelling units shall have smoke detectors located on each floor level, including basements. Multi-family and rooming houses shall have smoke detectors in each dwelling unit or rooming unit and in common corridors and stairways. Smoke detectors shall be operable at all times and when actuated, the detector shall provide an alarm for the dwelling unit(s) or rooming unit(s). An owner or owner's agent of a multiple unit residential building, rooming house,duplex or single family dwelling shall supply light-emitting smoke detectors, upon request, for a tenant with a hearing impairment. New construction and remodeling shall be in accordance with the Uniform Building Code. SECTION 4. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-7(q)&(g) thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-7. Responsibilities of owners relating to the maintenance and occupancy of premises. 17-7.(q) FIRE PROTECTION All fire extinguishing devices and all early warning fire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the Uniform Fire Code, the State of Iowa Fire Code, the Iowa City Fire Code, and Sections 17-6. (c) & (d) of the Iowa City Housing Code. Buildings which are required to have an automatic fire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of N.F.P.A. Standard 72E. Buildings which are required to have an automatic sprinkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of N.F.P.A. Chapter 13R. 17-7.(g) EXITING Every means of egress shall be maintained in good condition and shall be free of obstruction • at all times. Fire escapes, exit corridors, exit stairways, and escape and rescue windows, and any other means of egress shall be maintained in a good state of repair at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems shall be maintained in good condition at all times. Required fire doors shall be maintained self-closing and self-latching. Fire doors for stairway enclosures may be self-Closing as provided for in section 3309(c)of the Uniform Building Code. Fire drills shall be conducted once per academic semester for all fraternities and sororities as approved by the Fire Department. SECTION 7. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. c Ordinance No. 93-3562 Page 3 SECTION 8. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of February,1993. MAYOR • ATTEST: tnr> 9C i y CITY C RK APPr' ed by/ „/ rty Attorney'sTice hitlnin1eh17.ord /427/9//q) 5 • It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: • AYES: NAYS: • ABSENT: x Ambrisco x Courtney • x Horowitz x Kubby ' x Larson McDonald x Novick First Consideration 1/19/93 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 2/10/93 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ord- inance be voted upon for final passage at this time. AYES: Novick, Ambrisco, Courtney, Kubby, Larson, McDonald. NAYS: None. ABSENT: Horowitz. -s IC• 1. p tis CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3562 which was passed by the City Council of Iowa City,.Iowa, at a regular meeting held on the 2nd day of February , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 10th day of February 19 93 . Dated at Iowa City, Iowa, this 5th day of March , 19 93 . :>< ozm K u Susan Walsh Deputy City Clerk \wslsh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 a FAX(319) 356-5009 5 V3-35a, OFFICIAL PUBLICATION ORDINANCE NO. 93-351,2 AN ORDINANCE AMENDING CHAPTEJN 17 OF THE CODE OF 1 7-7.lgl EXITING Every means of egress shall be $ ORDINANCES OF THE CRY OF IOWA CITY, IOWA, BY f Printer's fee �� AMENDING SECTIONS 17.2. 17.5. 17.6.AND 17-7 TO maintained m good condition and shall be ree of obstructionat all times. Fire escapes.exit corridors.exit stairways.and IMPROVE THE LEVEL OF FIRE SAFETY M EXISTING escape and rescue windows,and any other means of egress RESIDENTIAL STRUCTURES AND TO ENSURE THAT shall be maintained in a good state of repair at all times. Exit CERTIFICATE OF PUBLICATION HOUSING RECUIREMENTS ARE CONSISTENT WITH THE signs, emergency lighting, early warning systems and CURRENT H.V.D.REGULATIONS. sprinkler systems shall be maintained in good condition at all STATE OF IOWA, Johnson County, ss: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF times. Required fire doors shall be maintained self-closing and self latching. Fire doors for stairway enclosures may be THE IOWA CITY PRESS-CITIZEN IOWA CITY,IOWA: Sell-closing as provided for in section 33091c1 of the UniformSECTION 1. That Chapter 17 of the Code of Ordinances of BuddCode. FED. ID # 42 0330670 the City of Iowa City, Iowa.be, and the same is erebv aFireing dmis shall be conducted once per academic semester mended by inserting the new definition'fraternity/sorority' for all fraternities and sororities as a to be codified the same to read as follows: approved by the Fire Department. Sec. 17.2. Oefirvbons SECTION 7. SEVERABILITY. If any of the provisions of this • Fraterrvty/sorority'house shall mean a building used as a lawful pare far any reason declaredneeesoil,able the residence by a chapter of a fraternal or sororal spit-profs lawful provisions of this Ordinance are deemed severable and Margaret Rios, being duly sworn, organization recognized by the University of Iowa. For shall remain in lull force and effect. Purposes of this code a fraternity/sorority house shall be say that I am the legal clerk of considered a rooming house.Occupancy classification for SECTION B. REPEALER. AS ordinances or parts of State of Iowa Fire Cade is'dormitory'. ordinances in conflict with the provisions of this Ordinance the IOWA CITY PRESS-CITIZEN SECTION Z. That Chapter 17 of the Code df are hereby repealed. Ordinances of the City of Iowa City,Iowa,be,and the same SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its Uea ser peage,approval in hereby amended by repealing Section 1 7 SIi1111(cl thereof. a newspaper published in said and enacting in lieu thereof a new section to be codified the and publication,as provided by law. Painted and approved county7 and that a notice1 a same to read as follows his 2nd day of February,1993. Sec. 17.5. Minorum stricture standards for all dwellings. • printed copy of which is hereto ICI Multple dwelings and rooming houses wrth art occupant load of ten or more shall have access to •' `�` attached, was published in said twq(2)exits. MAYOR paper time(s), on the SECTION I. That Chapter 17 of the Code of Ordinances of the City of Iowa City. Iowa,be, and the same is hereby following date(s): emended by repealing Section 1n-to b Eco thereof, and ATTEST:2/keit, enacting in lieu[hereof a new section to be codified the same CI to read as follows: /992housin 17-6. Minimum structural standards for all rentalg 11081 February 10,1993 Dr Section 17.6.Ic)FIRE EXTINGUISHERS Fire extinguishers which are approved by the Fire Marshal shall be provided within every single-family dwelling,dwelling unit within a duplex.and dwelling unit within a multiple dwelling. Multiple dwellings shall have lire extinguishers located within each laundry room and central mechanical room,except where '/�/ these rooms are contiguous they may be served by one fire • Z �t� ��� `��Q' extinguisher. Laundry rooms and central mechanical rooms which are equipped with an automatic sprinkler system are Legal Clerk exempt The minimum size fire extinguisher is a 2A 10BC. Fire extinguishers must be properly mounted and in an area of easy access. Fire extinguishers with a classification less than 2A 1060 or lacking an ABC rating shall be replaced with Subscribed and sworn to before me a 2A 10BC or larger unit by July 31,1996.Rooming houses are required to have a 2A 10BC rated lire extinguisher ,(/��- supplied an each floor level including habitable basement this ay of P�/- , A.D. areas and in each kitchen. Fire extinguishers supplied in areas of public access shall be contained within an approved 19n tamperproof cabinet. Q. Section 17-6.1dl EARLY WARNING FIRE PROTECTION SYSTEM All dwelling units, and rooming units shall be / Marshal with esmoke detectors as approved i by the Fire , Marshal. Smoke detectors shall be installed in accordance .� with the manufacturer's instruction!. Dwelling units shall 1/ have smoke detectors located on each floor level,including 1C basements. Multifamily and rooming houses shall have SHARON S UBBS smoke detectors in each dwelling unit or rooming unit and in . common corridors and staaways. Smoke detectors shall be operable at all times and when actuated,the detector shall - provide an alarm for the dwelling unit(s)or rooming unitlsl. .,a An owner or owner's agent of a multiple unit residential building,looming house,duplex or single family dwelling shall supply light-emitting smoke detectors, upon request, for a tenant with a heanng impairmerft. New construction and -' - -- - - remodeling shall be in accordance with the Uniform Building Code. SECTION 4. That Chapter 17 of the Code of Ordinances of the City of Iowa City. Iowa. be. and the same is hereby amended by repealing Section 17.7(q)Mg/ thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sac. 17-7 Responsibilities of owners relating to the maintenance and occupancy of premises. 17-7.101 FIRE PROTECTION All fire extinguishing devices and all early warning lire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the Uniform Fire Code,the State of Iowa Fire Code, the Iowa City Fire Code, and Sections 17.6.IC)&Id)of the Iowa City Housing Code. Buildings which are required to have an automatic lire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of N.F.P A.Standard 72E. Buildings which are required to have an automatic ;pnnkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of N.F.P.A. Chapter 13R. I �, :).c% Ora . BC ORDINANCE NO. 93-3563 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 19.18 ACRES LOCATED EAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET FROM COUNTY COMMERCIAL (C-2) AND RURAL (A-1)TO INTENSIVE COMMERCIAL (CI-1). WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code 5368.7,annexation of the property must be approved by both the City and the city development board; and WHEREAS, the proposed Intensive Commercial (C1-1) zoning subject to certain conditions is compatible with the adjacent commercial and industrial zoning and development; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary entrance into Iowa City from the southwest; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a • Conditional Zoning Agreement in order to ensure appropriate development at this entrance to the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. APPROVAL. Subject to the city development board approving the requested annexation of the property described below into the City of Iowa City and subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated herein by reference,,and 5414.5, Iowa Code, the property is hereby reclassified from its present classification of County Commercial (C-2) and Rural (A-1) to Intensive Commercial (CI-1): Commencing at the Northwest Corner of the Northwest Quarter of Section 21, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S89°48'37'E, a recorded bearing, along the North Line of said Northwest Quarter of Section 21, 492.80 feet, to a point on the Southeasterly Right-of-Way Line of Iowa Primary Road No. 1,which is the POINT OF BEGINNING; Thence S89°48'37'E, along said North Line of the Northwest Quarter of Section 21, 826.66 feet, to the Northeast Corner of the Northwest Quarter of said Northwest Quarter of Section 21; Thence S01047141'W, along the East Line of said Ordinance No. 91-1563 Page 2 Northwest Quarter, 583.50 feet, to its intersection with the Northerly Line of the 40.04'Acre Parcel acquired by Condemna- tion, in the name of the City of Iowa City, Iowa, the proceedings of which are recorded in Book 904, at Page 71, of the records of the Johnson County Recorder's Office; Thence S71°00'00'W, along said Northerly Line, 890.50 feet, to an Iron Pin Found on said Northerly Line; Thence N74°22'00'W, along said Northerly Line, 500.40 feet,to a point on the West Line of said Northwest Quarter of Section 21; Thence N01°45'00'E, along said West Line, 70.08 feet, to its intersection with said Southeasterly Right-of-Way Line of Iowa Primary Road No. 1; Thence N37°25'08'E, along said Southeasterly tine, 844.82 feet, to the Point of Beginning. Said Tract of land contains 19.18 acres, more or less,and is subject to easements and restrictions of record. SECTION II. ZONING MAP.The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City,Iowa,to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law and notification from the city development board that annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following final passage and approval, and notification from the city development board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V.SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and ap proved this 16th day of March,1993. MAYOR 4 // ATTEST: 2,16a44....? 9C tt ) CITYK Ordinance No. 43-3563 Pape 3 Approved by City Attorney's Office Wei 3 ppd.dn:n\d.n.l.nd.«d • 6 It was moved by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x_ Courtney x Horowitz x Kubby x Larson x McDonald Novick First Consideration 2/23/93 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: Kubby. ABSENT: None. Second Consideration 3/2/93 Vote for passage:AYES: Ambrisco, Courtnye, Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Date published 3/24/93 do 02/23/93 08:32 V319 354 6962 PHELAN. TUCKER 0004 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Harold John Dane, Jr. and Allegra G. Dane (hereinafter "Owners") and the City of Iowa City, a Municipal Corporation (hereinafter "City"). WHEREAS, Owners have requested the City to annex and rezone approximately 19.18 acres of land located east of Highway 1 and west of the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto, from C-2, County Commercial, and A-1, Rural, to CI-1, Intensive Commercial; and WHEREAS, the proposed zoning is compatible with the adjacent commercial and industrial zoning and development; and WHEREAS, Iowa Code § 414.5 (1991) provides that the City of Iowa City may impose reasonable conditions on granting Owners' rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate In order to ensure appropriate development and to lessen the impact of the development of this entrance to the City. NOW,THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. Harold John Dane, Jr. and Allegra G. Dane, husband and wife, are owners and legal title holders of an approximately 19.18 acre tract of land (hereinafter"Dane tract") located east of Highway 1 and west of the Iowa City Municipal Airport, more particularly described on Exhibit "A" attached hereto. 2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entrances to Iowa City. Owners agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. 3. The parties agree that Highway 1 Is a primary entryway to Iowa City from the Southwest. Owners acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agree to certain conditions over and above City regulations In order to lessen the impact of the development on the surrounding area. 4. In order to provide for attractive development at the southwest entryway to the City, to . assure the coordinated development of the above-described land so as to minimize traffic conflicts in the area, and to lessen the impact of the development on the surrounding area, Owners agree that the development of the Dane tract will conform to the following conditions; • • 42 02/23!93 08:33 631.9 354 6962 PHELAN. TUCKER 01005 - 2 - a. The development shall have only one vehicular access point onto Highway 1 which shall be located at Sunset Street. No additional vehicular access points onto Highway 1 shall be permitted. b. Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property, as well as access to the property located to the north and south of the Dane tract, This internal drive system shall be shown on all site plans for future development. c. Any and all improvements to the intersection of Sunset Drive and Highway 1 required to accommodate the proposed development shall be built at the Owner's expense. These improvements may include, but are not limited to, upgrading the traffic light, constructing a left-turn lane for the southwestbound lanes of Highway 1, and constructing acceleration/deceleration lanes for the northeastbound lanes of Highway 1. The City Traffic Engineer, in conjunction with the Iowa Department of Transportation, shall determine what improvements are necessary and appropriate. d. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least 5 feet in height. A planted landscape bed a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for the landscape beds, to be approved by the Director of Planning and Community Development. e. Loading docks and receiving areas shall not be located on any wall facing Highway 1 unless screened from view by a building. Lcading docks in other locations which are visible from Highway 1 shall be screened. f. All buildings constructed on the Dane tract shall be compatible in style and use of building materials. With the exception of trim, elevations visible from a public street shall be masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Highway 1 shall have a finished facade. Rooftop mechanical devices shall be screened. g. ' The periphery of all parking areas shall have planted landscape beds at least 15 feet in width. h. All parking rows shall be terminated with a landscape bed a minimum of 9 feet in width. The landscape beds shall be planted with parking lot trees which may count towards the parking area trees otherwise required by City ordinances. No more-than two free standing signs shall be permitted on the Dane tract. ' CO . 022393 08:34 'g'3I9 354 6962 PIIEI.AN. TUCKER 4006 - 3 - j. All signage fixtures shall be uniform throughout the development. k. If signage is to be lighted, it shall be internally illuminated. All parking lot light fixtures shall be consistent throughout the development. m, All lighting shall be downcast. Landscape beds a minimum of 5 feet in width shall be provided along at least 25% of front building elevations, and shall be planted with a variety of evergreen and deciduous shrubbery. o. There shall be a 30 foot setback from Highway 1, which shall be landscaped with a mixture of evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed within this 30 foot setback. 5. The Owners agree that each and every development on the Dane tract must submit a development concept plan to the Department of Planning and Community Development prior to development.The Directcr of Planning and Community Development shall review and approve the concept plan based on the criteria listed above. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent the criteria. Decisions of the Director may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1991), and that said conditions are appropriate to satisfy public needs caused directly by the requested zoning change. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant running with the title to the land unless or until released of reccrd by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 8. Owners acknowledge that in the event the subject property is transferred, sold redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The Oy ners acknowledge that nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable federal, local and state regulations. 10. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. • Dated this day of !Ifi,.,,1,a, , 1993. • •02/23/93 08: 35 723]9 354 6962 PHELAN. TUCKER 0007 _ 4 _ APPLICANT CITY OF IOWA CITY • By ei4,1 1 s~Li214E4 //•r Harold John 'ane, Jr. Darrel G. Co ney, Mayor By , //, ` Attest: ge;AnJ_ Allegra G. D-}fie Marian K. Karr, City Clerk Approved by: City Attorney's Office 3ly/c OFFIAL NOTARY SEAL uE a i DEBORAH LEE TLOVELAC STATE ATE OF CALIF . ) N SAN CIDIEGO COUNTY 51.RN ) SS: My Comm.Expires JUL 16,1Q94 i Ziecr, COUNTY ) On this (03day of FE 13 . , 1993, before me, the undersigned, a Nctary Public in and for said County, In said State, personally appeared Harold John Dane, Jr. and Allegra Dane, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 404C40144 QpM_CCS . Notary Public in and for the State of Ca1itornia STATE OF IOWA ) SS: JOHNSON COUNTY ) C this iL Tµ day of Akar c_11, , 1593, before me, So nd.rac- •-Qrri— , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. 93-35L 3 passed by the City Council on the /6, 7-4 day of Mcrc41 , 19 93 , and that Darrel G. Courtney 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. —- sa,.764 - Notary Public in and for the State of Iowa • ppdadmin\dane.cza • IIT I�T,n • • err CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3563 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16thday of March , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of March 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 AS CUO-144 Susan Walsh Deputy City Clerk 1wol•h.cn CIVIC CENT • 410 E. WASHINGTON ST. PHONE (319) 356-3000 IOWA CITY 322 200-1826 ���g FAX(J 19) 356.5009 n ,A} Pror'C�*' - �n ?ca t • li OFFICIAL PUBLICATION ORDINANCE NO. g1_'i5(.'L AN ORDNANCE AMENDING THE ZONING ORDNANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 19.1B ACRES LOCATED FAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET FROM COUNTY COMMERCIAL IC-21 AND RURAL IA-11 TO NTE74SNE COMMERCIAL ICI-11. WHEREAS, the subject property is presently located outside the Iowa City corporate limits;and WHEREAS,the owner of said property has petitioned the City of lows City for voluntary annexation and the City is proceeding with same;and WHEREAS,pursuant to Iowa Code 9368.7,annexation of the property must be approved by both the City and the city development board;and WHEREAS, the proposed Intensive Commercial IC1.11 zoning Subject to certain conditions is compatible with the adjacent commercial and industrial zoning and development; and WHEREAS.Iowa law provides that the City of Iowa City dd.. may impose reasonable conditions on granting the Printer's fee $ ft t' Applicant's ns rezoning request, overn and abovetly existing regulations,in order to satisfy public needs directly caused by the requested change;and WHEREAS,the City has a policy to preserve and enhance CERTIFICATE OF PUBLICATION the entranceways to Iowa City.Iowa;and WHEREAS.Highway 1 is the primary entrance into Iowa STATE OF IOWA, Johnson County, ss: City from the southwest;and WHEREAS. the Applicant has agreed to develop this THE IOWA CITY PRESS-CITIZEN property in accordance with the terms and conditions of a Conditional Zoning Agreement in order to ensure appropriate FED. ID# 42-0330670 development at this entrance to the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY.IOWA THAT: SECTION I APPROVAL. Subject to the city development board approving the requested annexation of the property described below into the City of Iowa City and subject to the Margaret Rios, being duly sworn, terms and conditions of the Conditional Zoning Agreement. attached hereto end incorporated herein by reference, and say that I am the legal clerk of 1414.5.lows Code,the property is hereby reclassified from the IOWA CITY PRESS-CITIZEN, its present to Intenstven of merrnry Commercial IC-21 and Rural IA•U to Intensive Commercial 10.11: Commencing at the Northwest Corner of a newspaper published in said the Northwest Quarter ol Section 21. Township 79 North,Range 6 West.of the county, and that a notice, a 5th Principal Meridian; Thence printed copy of which is hereto S89°4817'E,a recorded bearing, along attached, was published in said the North Lane of said Northwest Quarter of Section 21,492.80 feet,to a point on the paper f time(s), on the Southeasterly Right.ot-Way Line of Iowa Primary Road No.1,which is the POINT OF following date(s): BEGINNING;Thence S89°48'37'E,along said North Line of the Northwest Quarter o1 Section 21,826.66 feet,to the Northeast �1�� Corner the Northwest Quarter of said / Of / `� Northwest Quarter of Section 21;Thence S01°47'41'W,along the East Line of said Northwest Ouarter, 583.50 feet, to its intersection with the Northerly Line of the 40.04 Acre Parcel acquired by Condemn' lion,in the npmc the City of Iowa City, Iowa. the proceedings of which are -yV�-")�C.C,�Q.S 1 / (.1.)e-4.01/42recorded in Book 904,at Page 71,of the // : 7records of the Johnson County Recorder's Legal Clerk Office:Thence 571°00'00'W.along said Northerly Line.890.50 feet.to an Iron Pin Found on said Northerly Line; Thence N74°22'00-W.along said Northerly Line. Subscribed and SINAI to befo e me 500.40 feet,to a point on the Wast Lme of said Northwest Quarter of Section 21; Thence N01°45'00'E, along said West thi day of A.D. Lim, o th foot, to its intersect on with % , said Southeasterly Rtght.of.Wayterser line of Iowa Primary Road No. 1; Thence Linz°2944.8, along said SeutPointerof 1 , Line, ng. S feet, to the Point of 19.1x8 Beginning. Said Tact of IoM contains to 19.18 acres,more or kss.and is subject to easements and restrictions of record. iECTION if ZONING MAP.The Budding Inspector is hereby �/V V authorized and directed to change the Zoning Map of the City Notary Public : ✓� SHARON STUBBS of Iowa City,Iowa,to conform to this amendment upon final passage. approval and publication of this Ordinance as provided by law and notification from the city development board that annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign.and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following final passage and approval. and notification from the City development board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V.SEVERABILITY. If any section,provision or part OS the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION VI,EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,approval and publication, as required by law. Passed and approved this 16th day of March,1993. MAYOR ATTEST:71/,7,aestnci 741. 71(p4,1/ CITY CI FAX ii 1 2 o_r CONDITIONAL ZONING AGREEMENT THIS AGREEMENT Is made by and between Harold John Dane, Jr. and Allegra G. Dane (hereinafter"Owners")and the City of Iowa City,a Municipal Corporation(hereinafter'City^). WHEREAS,Owners have requested the City to annex and rezone approximately 19.18 acres of land located east of Highway 1 and west of the Iowa City Municipal Airport,legally described In Exhibit "A" attached hereto, from C-2, County Commercial, and A-1, Rural, to Cl-i, Intensive Commercial;and WHEREAS, the proposed zoning is compatible with the adjacent commercial and industrial zoning and development;ano WHEREAS,Iowa Code§414.5(1991)provides that the City of Iowa City may impose reasonable conditions on granting Owners'rezoning request,over and above existing regulations,in order to satisfy public needs directly caused by the requester change;and WHEREAS,the City has a policy to preserve and enhance the entrances to Iowa City,Iowa;and WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and WHEREAS,Owners acknowledge that certain conditions and restrictions are appropriate in order to ensure appropriate development and to lessen the Impact of the development of this entrance to the City. NOW,THEREFORE in consideration of the mutual promises contained herein,the parties agree as follows: 1. Harold John Dane.Jr.and Allegra G.Dane,husband and wife,are owners and legal title holders of an approximately 19.18 acre tract of land(hereinafter"Dane tract")located east of Highway 1 and west of the Iowa City Municipal Airport,more particularly described on Exhibit"A"attached hereto. I2The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entrances to Iowa City. Owners agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. 3. The parties agree that Highway 1 Is a primary entryway to Iowa City from the Southwest. Owners acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agree to certain conditions over and above City regulations In order to lessen the impact of the development on the surrounding area. 4. In order to provide for attractive development at the southwest entryway to the City,to assure the coordinated development of the above-described land so as to minimize traffic conflicts in the area, and to lessen the impact of the development on the surrounding area,Owners agree that the development of the Dane tract will conform to the following conditions: a. The development shall have only one vehicular access point onto Highway 1 i which shall be located at Sunset Street. No additional vehicular access points onto Highway 1 shall be permitted. b. Future development of the Dane tract shall include an internal circulation drive which will provide access to any development on the annexed property,as well as access to the property located to the north and south of the Dane tract. This internal drive system shall be shown on all site plans for future development. c. Any and all improvements to the intersection of Sunset Drive and Highway 1 required to accommodate the proposed development shall be built at the Owner's expense. These improvements may include.but are not limited to.upgrading the traffic light,constructing a left-turn lane for the southwestbound lanes of Highway 1,and constructing acceferation/deceleration lanes for the northeastbcund lanes of Highway 1. The City Traffic Engineer,In conjunction with the Iowa Department of Transportation, shall determine what improvements are necessary and appropriate. d. No outdoor storage of merchandise or material snail occur within 100 feet cf the Highway 1 right-of-way Storage areas located beyond 100 feet cf the Highway 1 right-of-way shall be screened with a solid wall at least 6 feat in height. A planted landscape bed a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for the landscape beds,to be approved by the Director of Planning and Community Development e. Loading docks and receiving areas shall not be located on any wait facing Highway 1 unless screened from view by a building. Loading docks in other locations which are visible from Highway 1 shall be screened, f. All buildings constructed cn the Dane tract shall be compatible in style and use of building materials. With the exception of trim,elevations visible from a public street shall be masonry,which may include fired brick,stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Highway 1 shall have a finished facade Rooftop mechanical devices shall be screened. 0 tote 3d 3 g. The periphery of all parking areas shail have planted landscape beds at least 15 feet in width. h. All parking rows shall be terminated with a landscape bed a minimum of 9 feet in width. The landscape beds shall be planted with parking lot trees which may Count towards the parking area trees otherwise required by City ordinances. i. No more than two tree standing signs shall be permitted on the Dane tract. j. All signage fixtures shall be uniform throughout the development. k. If signage is to be lighted.it shall be internally illuminated. 1. All parking lot light fixtures shall be consistent throughout the development. m. All lighting shall ce downcast. n Landscape beds a minimum of 5 feet in width shall be provided along at least 25%of front building elevations,and shall be planted with a variety of evergreen and deciduous shrubbery. o. There shall be a 30 toot setback from Highway 1,which shall be landscaped with a mixture of evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed within this 30 foot setback. 5. The Owners agree that each and every development on the Dane tract must submit a development concept clan to the Department or Planning and Community Development prior to development.Tne Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed above. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent the criteria. Decisions of the Director may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. 6. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1991), and that said conditions are appropriate to satisfy public needs caused directly by the requested zoning change. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind alt successors,representatives and assigns of the parties. 8. Owners acknowledge that in the event the subject property is transferred, sold redeveloped, cr subdivided, all redevelopment will conform with the terms of this Agreement. 9. The Oyvners acknowledge that nothing in this Agreement shall be construed to relieve the Owners from complying with all applicable federal,local and state regulations. 10. The Parties agree that this Conditional Zoning Agreement shall be incorporated oy reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance,this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 3 ,day of 1993. APPLICANT CITY OF IOWA CITY it / imar By i,r / •�6 .. 15. /:S B /JI.AdLHarrold John 0feJr. Darrel G.C.." ney,Mayor' By l �c L Attest: jirvs� 5e. 7/M ✓ Allegra G. 0 Marian K.Karr.City Cierk 09437 March 24,1993 Or 1 .e3g ORDINANCE NO. q4-1cM4 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 1991 EDITION OF THE . UNIFORM PLUMBING CODE,WITH CERTAIN AMENDMENTS,TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO DISSOLVE THE BOARD OF EXAMINERS OF PLUMBERS AND TO ASSIGN THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS; TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be it enacted by the Council of the City of Iowa City, Iowa: SECTION 1. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or Plumbing Code, and may be so cited. SECTION 2. PURPOSE. It is the purpose of this ordinance to adopt the 1991 Edition of the Uniform Plumbing Code as prepared and edited by the International Association of Plumbing and Mechanical Officials, and to provide certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code and to provide penalties for violations of the Plumbing Code. SECTION 3. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the Plumbing Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water-supply systems,within or adjacent to any building or other structure, or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of the stormwater, liquid wastes or sewerage systems, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECTION 4. ADOPTION OF PLUMBING CODE. The 1991 Edition of the Uniform Plumbing Code is hereby adopted in full except for the portions that are amended by this ordinance. From the effective date of this ordinance, all plumbing work shall be performed in accordance with the provisions of the 1991 Uniform Plumbing Code as modified by this ordinance. A copy of the 1991 Edition of the Uniform Plumbing Code and a copy of this ordinance shall be on file in the office of the city clerk for public inspection. The following is hereby adopted in the ordinances: ARTICLE VII. PLUMBING. DIVISION I. GENERALLY. SECTION 8-161. CODE-ADOPTED. Subject to the amendments described in Section 8-162 below, Chapters 1 through 13 of the 1991 Edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials are hereby adopted, and shall be known as the Iowa City Plumbing Code, or the Plumbing Code. SECTION 8-162. AMENDMENTS. The Plumbing Code adopted by Section 8-161 of this Chapter is hereby amended as follows: Section 117 is amended by adding the following definitions: (d)1 Plumber, Apprentice. The term "apprentice plumber" shall mean any person who works under the supervision and guidance of a skilled journeyman or contractor for the purposs of learning the plumbing trade. 2 • Ordinance No. 93-3564 Page 2 (d)2 Plumber, inactive. The term "inactive plumber" shall mean any licensed plumber who is not currently employed nor actively participating in the plumbing trade. (d)3 Plumber,joumeyman. The term "journeyman plumber" shall mean any properly licensed person who is allowed to install plumbing only under the employ of a Master Plumber. (d)4 Plumber, master. The term "master plumber" shall mean any properly licensed person who undertakes or offers to undertake, to plan for, layout, supervise, or perform plumbing work with or without compensation. • Section 120 is amended by adding the following definition: (d)1 Sewer and water service installer. The term "sewer and water service installer" shall mean any persoh licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. Section 401(a) is amended to read as follows: (a) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, copper, brass, Schedule 40 ABS DWV, Schedule 40 PVC DWV or other approved materials having a smooth and uniform bore, except that: 1. Galvanized wrought iron, galvanized steel, ABS, or PVC pipe shall not be used underground as a building drain and shall be kept at least six (6) inches above the ground. 2. ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the code. ABS and PVC DWV installations are limited to construction not exceeding the following conditions: A. ABS and PVC DWV piping installations shall be limited to structures having three (3) or fewer stories, as defined by the Uniform Building Code. One (1) additional level that is the first story and not designed for human habitation and used only for vehicle parking, storage, mechanical room, or similar use shall be permitted. B. Vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of twenty-four(24) inch forty-five degree (45°) offset every thirty (30) feet. Horizontal piping shall be limited to a maximum of thirty (30) feet developed length. C. All installations shall be made in accordance with the manufacturer's recommendations. All PVC solvent cement joints shall be made with the use of an approved primer which shall be purple in color. D. Installations shall not be made in any space where the surrounding temperature will exceed one hundred forty (140) degrees Fahrenheit or in any construction or space where combustible materials are prohibited by any applicable building code or fire regulations or in any licensed institutional . occupancy, or underground within a building except where special conditions require other than metal pipe,the administrative authority may approve plastic pipe and other materials in acid waste or deionized water systems. E. PVC pipe of weight SDR 35 or better may be installed as a building sewer with the following restrictions: (1) Pipe size shall be limited to four (4) inches or smaller. (2) Pipe shall be installed in a twelve (12) inch envelope of clean granular fill, such as sand or limestone screenings, three-eighths (3/8) inch in size or smaller. The fill shall be installed uniformly with 7 Ordinance No. 93-3564 Page 3 a minimum of a four (4) inch base and a four (4) inch cover (see diagram). (Insert diagram here) 1 unlit!-1011= � —U�=illlll • !Ill -!IIIIl : : 111111=11111 IUIU= : =111111 111111111111 " U�U11- II�� =111111 111111 _ . - : 1111111 1111 • • _111111 1111±II . 4 Mm.H�tx�,�:rcovac MHO • 111111= .:Let.. I =-�44 Mn.i. aut tiLi r lLfn= . ..l7AhG Kn:- - • _i1111-1i1114__1iiull=.i_IIIN 7 Ordinance No. 93-3564 Page 4 3. CI soil pipe, and type M copper pipe shall be the only materials permitted for underground installation within a building except where special conditions require other than metal pipe, that is, in acid waste or deionized water systems, plastic pipe and other materials may be approved by the administrative authority. Section 403(a) is amended by adding the following sentence: There shall be at least one four (4) inch drain pipe from the sewer to the main drainage stack. Section 409(a) is amended to read as follows: (a) Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the administrative authority or the engineers of the governing body, based on local conditions. Section 502 is amended by deleting subsection (a) and adding new subsections (a), (c) and (d) as follows: (a) No vent will be required on a three (3) inch basement floor drain provided its drain branches into the house drain on the sewer side at a distance of five (5) feet or more from the base of the stack and the branch line to such floor drain is not more than twelve (12) • feet in length. (c) In single- and two-family dwellings, no vent will be required on a two (2) inch basement P trap, provided the drain branches into a properly vented house drain or branch three (3) inches or larger, on the sewer side at a distance of five (5) feet or more from the base of the stack and the branch to such P trap is not more than eight (8) feet in length. In buildings of one story, where only a lavatory, sink or urinal empties into the stack, the five foot distance from the base of the stack does not apply. (d) Where permitted by the administrative authority, vent piping may be omitted on basement water closets in remodeling of existing construction only. Section 503(a) is amended by deleting subsection (2) and adding a new subsection (2) reading as follows: (2) ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the Code. ABS and PVC DWV installations are limited to construction not exceeding the following conditions: A. ABS and PVC DWV piping installations shall be limited to structures having three (3) or fewer stories, as defined by the Uniform Building Code. One (1)additional level that is the first story and not designed for human habitation and used only for vehicle parking, storage, including a mechanical room or similar use shall be permitted. B. Vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of twenty-four (24) inch forty-five degree (45°) offset every thirty (30) feet. Horizontal piping shall be limited to a maximum of thirty (30) feet developed length. C. All installations shall be made in accordance with the manufacturer's recommendations. All PVC solvent cement joints shall be made with the use of an approved primer which shall be purple in color. D. Installations shall not be made in any space where the surrounding temperature will exceed one hundred forty (140) degrees Fahrenheit or in any construction or space Ordinance No. 93-3564 Page 5 where combustible materials are prohibited by any applicable building code or fire regulation or in any licensed institutional occupancy, or underground within a building except where special conditions require other than metal pipe. The administrative authority may approve plastic pipe and other materials for acid waste or deionized water systems. Section 504(a) is amended by adding the following sentence: There shall be at least one three (3) inch main stack for each building. Section 505(d) is amended to read as follows: (d) All vent pipes shall extend undiminished in size above the roof, or shall be reconnected with a soil or waste vent of proper size. No vent smaller than three (3) inches shall extend through the roof. Section 505 is amended by adding a subsection (g) to read as follows: (g) In all new residential construction with a basement, at least one (1) two (2) inch dry vent shall be available in the basement. Section 506(a) is amended to read as follows: (a) Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof and not less than twelve (12) inches from any vertical surface. Section 506(c) is amended to read as follows: (c) Vent pipes shall be extended separately or combined, of full required size, not less than twelve (12) inches above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for other purposes in addition to weather protection. All vents within ten (10) feet of any part of the roof that is used for such other purposes shall extend not less than seven (7) feet above such roof and shall be securely stayed. Section 608(d) is amended to read as follows: (d) No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air-gap fitting is installed on the discharge side of the dishwashing machine, or the discharge line of the dishwasher is looped as high as possible near the flood level of the kitchen sink. Listed air-gaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. Section 613 is amended by adding a new subsection (d) to read as follows: (d) The following wet venting conditions are examples of common conditions used in residential construction which are allowed under this code, if the piping sizes are maintained as required by other sections of this code and the wet vented section is vertical. (1) Single bathroom groups. A group of fixtures located on the same floor level may be group vented but such installations shall be subject to the following limitations: (a) Two (2)fixtures with a combined total of four(4)fixture units may drain into the two (2) inch vent of a three (3) inch closet branch. (b) One (1) fixture of one (1) unit may drain into a vent of a one and one-half (1-1/2) inch bathtub waste pipe. (c) Two (2) fixtures of two (2) or fewer units each may drain into the vent of a two (2) inch bathtub waste serving two (2) or fewer tubs if they drain into the vent at the same location. (2) A single bathroom group of fixtures on the top floor may be installed with the drain from a back-vented lavatory serving as a wet vent for a bathtub, shower stall, or for the water closet, if: • 2 Ordinance No. 93-3564 Page 6 (a) Not more than one (1) fixture unit is drained into a one and one-half(1-1/2) inch diameter wet vent, or not more than four (4) fixture units drain into a two (2) inch diameter wet vent. (b) The horizontal branch shall be at least of two (2) inches in diameter and connect to the stack at the same level as the water closet drain or below the water closet drain when installed on the top floor. It may also connect to the water closet arm. (3) Common vent. A common vent may be used for two (2) fixtures set on the same floor level but connecting at different levels in the stack, if the vertical drain is one (1) pipe size larger than the required upper fixture drain and as large or larger than the lower fixture drain. (4) Double bathroom group. Where bathrooms or water closets or other fixtures are located on opposite sides of a wall or partition or are adjacent to each other within the prescribed distance, such fixtures may have a common soil or waste pipe and common vent. Water closets having a common soil and vent stack shall drain into the stack at the same level. (5) Basement closets. Basement closets or floor drains in remodelled one and two-family dwellings may be vented by the waste line from a first floor sink or lavatory having a one and one-half (1-1/2) inch waste and vent pipe, with prior approval from the administrative authority. (6) Water closets shall have a two (2) inch vent. However, if the developed length of the trap arm of the water closet is six (6) feet or less from a two (2) inch or larger stack receiving waste from the floor above, the closet may be revented by a one and a half (1-1/2) inch vent pipe. Section 702 is amended such that all trap arm lengths shall be within the distances given in Table 7-1. TABLE 7-1 Horizontal Distance of Trap Arms (Except for water closet and similar fixtures)* Distance Trap Arm Trap to Vent (Inches) (Feet) 1' 5 1Y 6 2 8 3 12 4 and larger 12 Slope shall be one-quarter inch per foot. 'The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six (6) feet. Section 910 is amended to read as follows: Every building intended for human occupancy shall be provided with sanitary facilities as required by this section and Table 9-A. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the Uniform Building Code • Ordinance No. 93-3564 Page 7 in Sections 3302 and Table No. 33-A. The established occupant load shall be assumed to be one-half(1/2) male and one-half(1/2)female unless sufficient evidence to the contrary is supplied to the administrative authority. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. • 2 Table 9-A7 L.."-- Fixtures Per Person' Type of Building' Bathtubs Drinking3'9 or Occupancy Water Closets Urinals Lavatories6 or Showers Fountains Male Female Male Female • For employee or 1:1-15 1:1-15 1 per 50 males 1 for each 2 water staff use in all 2:16-35 2:16-35 closets or urinals occupancies except 3:36-55 3:36-55 industrial ware- Over 55, add houses, workshops, 1 fixture for factories, foun- each additional dries and similar 40 persons establishments. For employee or 1:1-10 1:1-10 1 per 50 males 1 for each 2 water 1 per 75 and 1 staff use in 2:11-25 2:11-25 closets or urinals per occupied industrial ware- 3:26-50 3:26-50 floor houses, workshops, 4:51-75 4:51-75 factories, foun- 5:76-100 5:76-100 dries and similar Over 100, establishments. add 1 fixture for each additional 30 persons. For public use Assembly places, 1:1-100 1:1-30 1:1-100 1:1-100 1:1-60 1 per 75 and 1 i.e. theatres, 2:101-200 2:31-60 2:101-200 2:101-200 2:61-130 per occupied auditoriums, etc. 3:201-400 3:61-100 3:201-400 3:201-400 3:131-200 floor Over 400, 4:101-130 4:401-600 4:201-400 add 1 5:131-160 Over 600, add 1 Over 400, fixture 6:161-200 fixture for each add 1 for each 7:201-300 300 additional fixture 500 males 8:301-400 males per 400 and 1 for persons each 150 ' females Dormitories - 1 per 10 1 per 8 1 per 25 males 1 per 12 1 per 12 1 per 8 1 per 75 and 1 school or Add 1 fixture for each Over 150, add 1 Over 12, add 1 for Over 150, per occupied labor 25 males over 10 and 1 per 50 males each 20 males and 1 add 1 per floor fixture for each 20 for each 15 females 20 females over 8 Fixtures Per Person' Type of Buildings Bathtubs Drinking'•9 or Occupancy Water Closets Urinals Lavatories' or Showers Fountains Male Female Male Female Hospitals: Individual Room 1 per room 1 per room 1 per room Ward Room 1 per 8 beds 1 per 10 beds 1 per 20 1 per 75 beds Institutional- 1 per 25 1 per 20 1 per 50 males 1 per 10 1 per 10 ,1 per 8 1 per 75 other than hospitals or penal institu- tions Office or public 1:1-15 1:1-15 1 per 40 males 1 for each 2 water 1 per 75 and 1 buildings 2:16-35 2:16-35 closets or urinals per occupied 3:36-55 3:36-55 floor Over 55, add 1 fixture for each additional 40 persons Wholesale" & 1:250-500 2:250-400 1 for each 500 1 for each 2 water 1 for each pair retail stores 2:501-750 3:401-600 males closets or urinals of restroom 3:751-1000 4:601-800 facilities 5:801-1000 provided Over 1, 000, add 1 fixture for each additional 500 males and 1 for each additional 400 females Dwellings° - Single-family 1 per dwelling 1 per water closet 1 per dwelling Multi-family 1 per dwelling unit 1 per water closet 1 per dwelling unit Penal institutions: Cell 1 per cell 1 per cell 1 per floor Exercise room 1 per exercise room 1 per exercise 1 per room 1 per room room Fixtures Per Persons t"-- Type of Building= Bathtubs Drinking3•' or Occupancy Water Closets Urinals Lavatories' or Showers Fountains Male Female Male Female Restaurants' 1:1-50 1:1-30 1:1-100 ‘ 1 for each 2 water which serve 2:51-100 2:31-60 2:101-200 closets or urinals alcohol, pubs 3:100-200 3:61-100 3:201-400 & lounges 4:201-400 4:101-130 4:401-600 • Over 400, 5:131-160 Over 600, add 1 add 1 6:161-200 fixture for each fixture 7:201-300 each 300 for each 8:301-400 additional males 200 males and 1 for each 150 females Restaurants' 1:1-50 1:1-50 1 per 100 males 1 for each 2 water which do not 2:51-150 2:51-100 closets or urinals serve alcohol 3:151-300 3:101-175 4:176-300 Over 300, add 1 fixture per 200 additional persons Schools5 - for student use 1:1-25 1:1-25 1 per 75 Nursery 1:1-20 1:1-20 2:26-50 2:26-50. 2:21-50 2:21-50 Over 50, add 1 fixture Over 50, add 1 fixture each additional 50 for each additional 50 persons persons Elementary 1 per 30 1 per 25 1 per 75 males 1 per 35 1 per 35 1 per 75 Secondary 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 Others (colleges) 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 universities, etc. ) Fixtures Per Person' Type of Building' Bathtubs Drinking'•' or Occupancy Water Closets Urinals Lavatories6 or Showers Fountains Male Female Male Female Worship Places - Educational & 1 per 250 1 per 125 1 per 250 1 for each 2 water 1 per 75 activities unit closets or urinals Principal 1 per 300 1 per 150 1 per 300 1 for each 2 water 1 per 75 assembly place closets or urinals Ordinance No. 93-3564 Page 9 Notes to Table 9-A When urinals are provided, one (1) water closet fewer than the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one-half ('/2) of the minimum specified. 1. The figures shown are based upon one (1) fixture being the minimum required for the number of persons indicated. 2. Building categories not shown on this table shall be considered separately by the administrative authority. 3. Drinking fountains shall not be installed in toilet rooms. 4. Laundry facilities. One (1) automatic washer standpipe for each dwelling unit for single family or duplex. For multi-family apartment buildings, one (1)standpipe for each ten (10) apartments or fraction thereof. 5. Kitchen sinks. One (1) for each dwelling unit. 6. Twenty-four (24) lineal inches of wash sink or eighteen (18) inches of a circular basin, shall be considered equivalent to one (1) lavatory when provided with water outlets for such space. 7. General. In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms. And, in temporary working facilities, one (1) water closet and one.(1) urinal for each thirty (30) persons. 8. A restaurant is defined as a business which sells food to be consumed on th'e premises. a. The number of occupants for a drive-in restaurant shall be considered as equal to the number of parking stalls. b. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees: 9. There shall be a minimum of one (1) drinking fountain per occupied floor in schools, theaters, auditoriums, dormitories, offices or public buildings. 10. Wholesale and retail stores with an occupant load of less than five hundred (500) need not provide public restrooms. Section 913 is added to conform with Section 510 of the 1991 Uniform Building Code. In other than dwelling units, walls within two (2) feet of the front and sides of urinals and water closets shall have a smooth, hard nonabsorbent surface to a height of four (4) feet. Section 1003A. Cross Connection Control-Containment Provisions. 1. Definitions. The following definitions shall apply only to Section 1003A. For the purpose of this section, these definitions supersede definitions given elsewhere in this code. a. Approved backflow prevention assembly for containment. A backflow prevention assembly which is listed by the University of Southern California-Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, "Double Check Valve Backflow-Prevention Assemblies", or ANSI-AWWA Standard C511-89, "Reduced-Pressure Principle Backflow-Prevention Assemblies" for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. b. Approved backflow prevention assembly for containment In a fire protection system. A backflow prevention assembly to be used in a fire protection system which 7 Ordinance No. c9-1sh Page 10 meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph 1(a). c. Auxiliary water supply. Any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to a private well, pond, or river. d. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connection or arrangement between a potable water supply system and any plumbing fixture or tank, receptacle, equipment,or device,through which it may be possible for non-potable, used, unclean, polluted, and contaminated water, or other substance, to enter into any part of such potable water system under any condition. f. Customer. The owner, operator, or occupant of a building or a property, or of a private water system which has a water service from a public water system. g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two (2) independently acting, internally loaded check valves, four (4) properly located test cocks, and two (2) isolation valves. (Backflow prevention assembly used for low hazard.) High hazard cross connection. A cross connection which may impair the quality of the potable water by creating an actual hazard to public health through poisoning or through contamination with sewage, industrial fluids, or waste. j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross-connection rather than at the water service entrance. k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a degree which does not create a hazard to public health, but which does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two (2) independently-acting, internally loaded check valves, a differential pressure relief valve, four(4) properly located test cocks, and two (2) isolation valves. (Backflow prevention assembly used for high hazard.) m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health Department to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customers building, property, or private water system, or the act of providing potable water to a customer. 2. Administrative authority. a. For the purposes of Section 1003A only, the administrative authority is the City Council acting through such persons or agencies the City Council shall designate. b. The administrative authority shall have the right to enter any property to inspect for possible cross-connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. 1 • Ordinance No. 93-3564 Page 11 c. The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of Iowa City Council. d. The administrative authority shall maintain records of cross connection hazard surveys, and of the installation, testing, and repair of all backflow prevention assemblies installed in this city for containment purposes. 3. New Water Services. a. Plans shall be submitted by the contractor to the administrative authority for review of all new water services to determine the degree of hazard before a permit is issued. b. The administrative authority shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The administrative authority shall require the installation of the-appropriate backflow prevention assembly for containment before the initiation of water service. 4. Existing Water Services. a. Upgrades of existing water services shall be treated as new water services for the purpose of Section 1003A. b. The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. c. After publication of the standards, the administrative authority shall give written notice to customers whose premises are classified as single family residential of the provisions of this ordinance. d. Within six(6) months after publication of the standards,customers whose premises are not classified as single family residential shall complete and return to the administrative authority a cross-connection hazard survey to determine the type of containment device required. • e. The administrative authority shall, determine the type of backflow prevention assembly required for containment based on the degree of hazard, as determined from information received from customers or gathered through on-premise investigations or surveys. f. Within the time frame specified in writing by the administrative authority, the customer shall install a backflow prevention assembly for containment as required by the administrative authority. g. For existing water services, the administrative authority may inspect the premises to determine the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for containment required by the administrative authority has been installed. h. Failure of the administrative authority to notify a customer that they are believed • to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 5. Customer. a. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premise starting at the point of service from the public potable water system. b. The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the administrative authority. Ordinance No. 93-3564 Page 12 c. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) days after testing and/or repairs are completed. d. If a backflow incident occurs,the customer shall immediately notify the City of Iowa City Water Department and/or The City of Iowa City Plumbing Inspector, and take steps to confine the contamination or pollution. 6. Required Backflow Prevention Assemblies for Containment - Water Services. a. A water service having one or more cross connections which the administrative authority classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as low hazard shall Have an approved double check valve assembly. 7. Required Backflow Prevention Assemblies for Containment - Fire Protection Systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies such as reservoirs, rivers, ponds, wells, mills, or other industrial water systems. 3. Antifreezes or other additives in the fire protection system. 4. Combined industrial and fire protection systems supplied solely from the public water mains, with or without gravity storage or pump suction tanks. 5. Any other facility,connection, or condition which may cause contamination. b. All other fire protection systems shall have a double check valve assembly. The double check valve shall be required on all new systems at the time of installation and on existing systems when they are upgraded. 8. Backflow Prevention Assembly Technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department. b. A Backflow Prevention Assembly Technician registered by the state of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. 9. Installation of Backflow Prevention Assemblies. a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 1003. b. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. c. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding and shall not be installed in underground vaults or pits. d. All backflow prevention assemblies shall be protected from freezing. • Ordinance No. 93-3564 Page 13 e. Thermal expansion shall be provided for when installing a backflow prevention assembly which uses hot water within the system. f. Reducedpressure principle backflow prevention assemblies shall be provided with the means to convey the discharge of water to a suitable drain. g. No backflow prevention assemblies shall be installed above an electrical panel, higher than the ceiling level or in any place where it would create a safety hazard. h. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, two backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. All newly installed shut-off valves shall conform to the requirements for either ball. or resilient seat gate valves published in the current edition of the Manual of Cross- Connection Control (University of Southern California). Ball valves shall be used on assemblies installed in piping two (2) inches and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two (2) inches. • 10. Testing of Backflow Prevention Assemblies. a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician and the costs of tests required by this section shall be paid by the customer. • b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before operation resumes each season. d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for non-compliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly technician immediately after repair or replacement. e. The registered backflow prevention assembly technician shall report the successful • test of a backflow prevention assembly within fifteen (15) days of the test to the customer and to the administrative authority on the form provided by the administrative authority. f. The administrative authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 11. Repair of Backflow Prevention Assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. b. The registered backflow prevention assembly technician shall not change or modify the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance, and shall use only original manufacturer replacement parts. • c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen (15) days of the repair to the customer and to the administrative authority on the form provided by the administrative authority. The report shall include the list of materials or replacement parts used, and shall summarize the work performed. Ordinance No. 91-3564 Page 14 12. Customer Noncompliance. Water service may be discontinued if a customer fails to comply with Section 1003A. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this chapter. b. Removal of a backflow prevention assembly which has been required by the administrative authority. c. Bypassing a backflow prevention assembly which has been required by the administrative authority. d. Providing inadequate backflow prevention when cross connections exist. e. Failure to install,test, and/or properly repair a backflow prevention assembly which has been required by the administrative authority. f. Failure to comply with the requirements of this ordinance. g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible cross connections. Section 1004(a) is amended to read as follows: (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Lead pipe, lead solders and flux containing more than 0.2 percent lead shall not be used in any potable water system. Asbestos-cement, CPVC, PB, PE or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices, shall be of a like material, except where otherwise approved by the administrative authority. Section 1105 is amended by adding the following sentence: The minimum size of any building sewer shall be four (4) inches. DELETIONS: The following sections of the 1991 Edition of the Uniform Plumbing Code adopted by Section 8-161 of this Chapter are hereby deleted: Part I, Administration. Section 310(c). Section 1008(f). SECTION 8-163. GARAGE FLOOR DRAIN. Garages and other structures for the housing, sale, repair or for commercial washing of automobiles, which connect with the sewer, shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk, or pavement approach. Such drains shall be constructed with a device to catch sand, silt, or other solids, shall have a seal depth of not less than six (6) inches above the sand receiver. The drain outlet shall not be smaller than a four(4) inch connection. All materials used for vents and waste lines shall conform with the other provisions of this code. The trap shall be constructed of cast iron, cement, or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha, or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the plumbing inspector. SECTION 8-164. CONNECTIONS TO THE PUBLIC SEWER. The junction pieces, slants or wyes built into the sewer during construction must be used for connecting all private sewers or house drains unless special permission to use other means is endorsed on the permit. Before making a connection to the public sewer,•the plumber shall excavate and clear a trench at the point of connection. The actual connection with said junction piece, slant, or wye must be made in the presence of the plumbing inspector or an authorized Ordinance No. 93-3564 Page 15 agent. The cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. If there is no junction piece, slant or wye already in the sewer, the sewer will be tapped by the city, and the superintendent of Pollution Control shall be notified as soon as it is discovered that a tap will be necessary. The excavation shall be properly prepared by the plumber and the sewer main completely uncovered. A city crew will then make the tap and install a sewer saddle for the plumber. In all cases the excavation showing the connections shall be kept open by the plumber until the plumbing inspector has been notified. SECTIONS 8-165 - 8-170. RESERVED. SECTION 5. DISSOLUTION OF BOARD OF EXAMINERS OF PLUMBERS AND ASSIGNMENT OF THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS: ADMINISTRATION OF CHAPTER. Chapter 8, "Building and Building Regulations" of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by repealing Sections 8-171 through 8-191, inclusive, and enacting in lieu thereof new Sections 8-171 through 8-191, to read as follows: DIVISION 2. ADMINISTRATION AND ENFORCEMENT. SECTION 8-171. BOARD OF APPEALS. A. General. In order to hear and decide appeals of orders,decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and hereby created a Board of Appeals. The board shall consist of at least five (5) members who are qualified electors of the City of Iowa City but are not employed by the City. The Board shall include at least one licensed plumber, at least one member qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, at least one representative from the Iowa City Homebuilders Association, and at least one building design professional. All other members shall be qualified by experience and training to pass upon matters pertaining to building construction and interpretations of the building official. If any plumber on the Board of Appeals is involved in any appeal before the Board, the other members of the Board shall appoint an alternate qualified plumber who is a qualified elector of the City of Iowa City to act in his or her stead. The building official shall be an ex officio member of, and shall act as secretary to the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules and procedures as set forth in the Iowa City Administrative Code. B. Limitations of Authority. The Board of Appeals shall have no authority relative to the interpretation of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code. SECTION 8-172. LICENSES. A. No person shall plan for, lay out, supervise, or perform plumbing work, within Iowa City, with or without compensation unless the person holds a master plumber's license issued by the City. B. No person shall work as a journeyman plumber within the City unless the person holds a journeyman plumber's license issued by the City. C. No person shall work as a sewer and water service installer within the City unless the person holds a sewer and water service installer's license issued by the City. D. No person shall knowingly employ or permit an unlicensed person to perform plumbing work within Iowa City if the work is required by this Code to be performed by a licensed plumber. • 7 Ordinance No. 93-3564 Page 16 E. There shall be a properly licensed plumber present at all locations and at all times where plumbing work is being performed. At least one licensed plumber shall be presentfor every three apprentices or laborers. Such licensed plumber must be an employee of the permit holder. SECTION 8-173. APPLICATION. Any person required by this ordinance to possess a license for plumbing work shall make application to the Administrative Authority. SECTION 8-174. APPLICATION AND EXAMINATION FEES. The examination fee for persons applying for a license for plumbing work shall be established by resolution of Council, and shall not be refunded. _ _ SECTION 8-175. LICENSING STANDARDS. The Administrative Authority shall issue licenses pursuant to the following provisions: A. A master plumber's license shall be issued to every person who demonstrates satisfactory completion of one year's experience as a licensed journeyman plumber, and successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. B. A journeyman plumber's license shall be issued to every person who demonstrates satisfactory completion of four year's full-time experience as an apprentice plumber with an established plumbing company, and successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. C. A sewer and water service installer's license shall be issued to every person who successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. • SECTION 8-176. RECIPROCAL LICENSES. A. A reciprocal journeyman plumber's license will be issued to any journeyman plumber without taking the exam if the plumber holds a current and valid journeyman plumber's license in any other city in Iowa, if all of the following conditions are met: 1. The license was obtained by successfully passing an exam based on the Uniform Plumbing Code. 2. The applicant demonstrates at least four years experience as a journeyman or apprentice plumber. 3. The city which issued the applicant's current license agrees to extend the same courtesy to Iowa City journeyman plumbers. 4. The applicant shall make application for the license and pay all examination fees. B. Only one reciprocal journeyman's license will be issued to any applicant. C. A journeyman plumbers license may be issued to a plumber who demonstrates at least four years experience as either a journeyman or apprentice plumber and who has successfully passed a proctored, six hour, journeyman plumbers exam administered by Block and Associates testing agency. D. A master plumber's license may be issued to an applicant who has successfully passed the proctored, six hour, master plumbers examination administered by Block and Associates. E. A sewer and water service installer's license may be issued to an applicant who has successfully passed the examination approved by the Iowa City Board of Appeals. SECTION 8-177. RE-EXAMINATIONS. Any person who fails the journeyman or master plumber's examination may apply for re- examination at the next regularly scheduled examination. Any person who fails the sewer and water service installer's examination must wait a minimum of 30 days before retesting. 7 Ordinance No. 93-3564 Page 17 SECTION 8-178. RENEWALS. A. Every license which has not previously been revoked shall expire on December 31 of each year. Renewal fees shall be as established by Council. Any license that has expired may be reinstated within sixty (60) days after the expiration dateupon payment of an additional ten dollar reinstatement fee. After the expiration of the sixty (60) day period, no license shall be renewed except upon re-examination. B. At the time of renewal, each licensee shall identify the plumbing company where they are currently employed. SECTION 8-179. REVOCATION. A. The Administrative Authority with consent of the Board of Appeals may revoke any license issued by them if the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud, or for continual violation of any sections of this code. Licenses are not transferrable. The lending of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. B. Revocation shall occur only after the plumbing inspector has given the licensee written notice and an opportunity for an administrative hearing before the Grievance Board. Such notice and hearing shall be conducted pursuant to the provisions of the City's Administrative Code (Chapter 2, Article IX of the City Code of Ordinances). C. If a license is revoked for any reason, another license shall not be issued for at least twelve (12) months after revocation. SECTION 8-180. INACTIVE LICENSE. Any current plumbing license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain his/her plumbing license • as current but will not be permitted to obtain a plumbing permit nor otherwise actively participate in the plumbing trade in Iowa City. The license may be reactivated within three (3) years.upon payment of the full license fee for that year. After a license has been classified as inactive for three (3) years or more, or has been previously reactivated twice, a reactivation exam shall be required. The fee for an inactive license shall be set by resolution of Council. SECTION 8-181. PERMIT REQUIRED. A. It shall be unlawful for any person to install, remove, alter, repair, or replace or cause to be installed, removed, altered, repaired, or replaced any plumbing,gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit. B. A separate permit shall be obtained for each structure. C. A permit is required to make connection with the public sewer and will be issued only when the plumbing on the premises to be connected is in compliance with the provisions of this article. D. No permittee shall allow any person not in his/her employ to do or cause to be done any work under a permit. SECTION 8-182. WORK NOT REQUIRING A PERMIT. No permit shall be required for the following repair work: the stopping of leaks in drains or soil, waste or vent pipes, and the clearing of stoppages in pipes, valves or fixtures. However, if it becomes necessary to remove, replace or rearrange any part, it shall be considered new work which requires a permit. SECTION 8-183. PERMITTEE. A. A permit may be issued to any person holding a valid master plumber license issued by the City of Iowa City, or to any plumbing company which employs a duly licensed master plumber on a full time basis. ') Ordinance No. 94-4564 Page 18 B. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this article. C. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. SECTION 8-184. APPLICATION FOR PERMIT. On an application form provided by the City, the applicant shall describe the work proposed to be done, the location,ownership, occupancy, and use of the premises. The city may require plans, specifications, drawings and such other information that may be deemed necessary. If the plumbing inspector concludes from the information fumished that the applicant is in compliance with this article, he/she shall issue the permit upon payment of the required fee. SECTION 8-185. PERMIT. A. Time limitation. A permit shall expire if the work authorized is not commenced within one hundred eighty (180) days after issuance or if the work authorized is suspended for a period of one hundred eighty (180) days. Prior to resumption of work, a new permit must be obtained. The renewal fee shall be one-half (1/2) of the original fee provided no changes have been made in the plans and specifications and the suspension did not exceed one (1) year. B. The issuance of permit shall not be construed as a waiver of any of the provisions of this article. It shall not prevent the plumbing inspector from requiring the correction of errors or from preventing construction in violation of this ordinance or from revoking any permit issued in error. C. Display. The permit and the approved plans or specifications shall, at all times, be available at the location of.the work permitted thereby. SECTION 8-186. INSURANCE. Before a permit to perform plumbing work may be issued, the applicant shall have on file with the plumbing inspector a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000)property damage and five hundred thousand dollars ($500,000) bodily injury. The City of Iowa City shall be named as an additional insured. The policy shall also provide for at least thirty (30) days notice by the insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under Section 8- 182(B) of this ordinance shall be exempted from this insurance requirement. SECTION 8-187. PERMIT AND INSPECTION FEES. All applicants shall pay the proper permit and inspection fees as established by resolution of Council.Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demonstrates to the satisfaction of the plumbing inspector that it was an emergency. SECTION 8-188. INSPECTIONS. A. It shall be the duty of the person doing the work authorized by the permit to notify the plumbing inspector at least twenty-four (24) hours before the work is to be inspected that it is ready for inspection. B. It shall be the duty of the person doing the work authorized by the permit to ensure that the work will stand the test prescribed before giving notification. C. No work shall be covered or concealed in any manner before it has been examined and approved by the plumbing inspector. '7 Ordinance No. 93-3564 Page 19 SECTION 8-189. PLUMBING INSPECTOR. A. Duties. It shall be the duty of the plumbing inspector to administer and enforce the provisions of this article,to sign and issue all notices, permits, and licenses, to pass upon all plans submitted, and to keep complete records of all official work performed in accordance with the provisions of this article. B. Right of entry. The plumbing inspector shall carry proper credentials and shall, upon • presentation of his/her credentials during business hours, have the right of entry to inspect all buildings and premises in the performance of his/her duties. C. Stopping work. If the plumbing inspector reasonably believes the continuance of plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision of this article, the inspector may give oral and/or written notice that all further work be stopped. The inspector may require suspension of work until the condition in violation has been remedied. Any oral order shall be confirmed in writing. D. Excavations. All excavations for laying sewer or water pipes from the property line to the building line shall be under the direction and subject to the approval of the plumbing inspector. SECTION 8-190. VIOLATIONS. A. Notices. 1. Whenever the plumbing inspector discovers that any unsanitary condition exists, or that any construction or work regulated by this article is dangerous, unsafe, unsanitary, a nuisance, or a menace to life, health, or property, or otherwise in violation of this article, the inspector may give oral or written notice of violation to the person responsible therefore, to discontinue such illegal action and to remedy the condition which is in violation of the provisions of the article. 2. Refusal or failure to promptly comply with any order shall be considered a violation of this article. 3. If the order is not complied with, the plumbing inspector may request that the City Attorney institute an appropriate proceeding at law or in equity to restrain, correct, or remove such violation. B. Violators. The owner of a structure or premises where anything in violation of this article shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of such violation shall be each guilty of a separate offense. SECTION 8-191. PENALTIES. Any violation of the provisions of this article shall be considered a simple misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. SECTION 6. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. • SECTION 7. 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 unconstitu- tional. SECTION 8. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. • • t7 Ordinance No. 93-3564 Page 20 Passed and approved this 16th day of March,1993. SUM --475-- MAYOR /J /J ATTEST: ° ' L 9 . nJ CITY CLERK Appr ved by , (3577,_,,C CI Attorney's s&ffice o2p8/6,3 hlsblg\92amends.ord It was moved by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney x Horowitz _ c Kubby x Larson x McDonald x Novick First Consideration 2/23/93 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. NAYS: None. ABSENT: None. Second Consideration 3/2/93 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby, NAYS: None. ABSENT: None. Date published 3/24/93 • - — - -- ---- - 7 • i'Mge • I I IIII(: �i .T A CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3564 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of March , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of March 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 . GUa F i usan Walsh Deputy City Clerk IWrs11.Ca • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 336-5000 IOWA CITY IOWA 52240.1826 SittiA FAX(319) 336-5009 • 7 On. 93-3 5444 ' 2 D OFFICIAL PUBLICATION OFFICIAL PUBLICATION Printer's fee $ G .5). ,RV • ORDINANCE NO. 93-3564 CERTIFICATE OF PUBLICATION AN ORDINANCE AMENDING CHAPTER 8,ARTICLE VII,OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 1991 EDITION OF THE STATE OF IOWA, Johnson County, ss: UNIFORM PLUMBING CODE,WITH CERTAIN AMENDMENTS,TO REGULATE THE IOWA CITY PRESS-CITIZEN THE PRACTICE,MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE,EXTENSION AND ALTERATION OF ALL PIPING,FIXTURES, FED. ID # 42-0330670 APPUANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO DISSOLVE THE BOARD OF EXAMINERS OF PLUMBERS AND TO ASSIGN THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS; TO PROVIDE FOR THE ISSUANCE OF Margaret Rios, being duly sworn, PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE saythat I am the legal clerk of COLLECTION OF FEES,AND TO PROVIDE PENALTIES FOR VIOLATIONS. gBe it enacted by the Council of the City of Iowa City, Iowa: the IOWA CITY PRESS-CITIZEN, SECTION 1. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or Plumbing Code,and may be so cited. a newspaper published in said SECTION 2. PURPOSE. It is the purpose of this ordinance to adopt the 1991 Edition of the county, and that a notice, a Uniform Plumbing Code as prepared and edited by the International Association of Plumbing and Tinted of which is hereto Mechanical Officials,and to provide certain amendments thereof;to provide for the protection of P copythe health,welfare,and safety of the citizens of Iowa City, Iowa;to provide for the enforcement attached, was published in said of the Plumbing Code and to provide penalties for violations of the Plumbing Code. SECTION 3. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the paper / time(s), on the Plumbing Code, including the practice, materials and fixtures used in the installation, following date(s): maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system,and the public or private water-supply systems,within or adjacent to any building or other structure,or conveyance;also the practice and materials used in the installation, maintenance, extension or alteration of the stormwater,liquid wastes or sewerage systems,and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECTION 4. ADOPTION OF PLUMBING CODE. The 1991 Edition of the Uniform Plumbing Code is hereby adopted in full except for the portions that are amended by this ordinance. From the effective date of this ordinance,all plumbing work shall be performed in accordance with the Legal Clerk provisions of the 1991 Uniform Plumbing Code as modified by this ordinance. A copy of the 1991 Edition of the Uniform Plumbing Code and a copy of this ordinance shall be on file in the office of the city clerk for public inspection. The following is hereby adopted in the ordinances: Subscrib and sw. .n to bef ere me ARTICLE VII. PLUMBING. DIVISION I. GENERALLY. this day of i , A.D. SECTION 8-161. CODE-ADOPTED. Subject to the amendments described in Section 8-162 = below,Chapters 1 through 13 of the 1991 Edition of the Uniform Plumbing Code promulgated by 19 the International Association of Plumbing and Mechanical Officials are hereby adopted,and shall 4 be known as the Iowa City Plumbing Code,or the Plumbing Code. // SECTION 8-162. AMENDMENTS. The Plumbing Code adopted by Section 8-161 of this Chapter is hereby amended as follows: Turn to next page Public Fl SHAROUBBS Section 117 is amended by adding the following definitions: (d)1 Plumber,Apprentice. The term"apprentice plumber'shall mean any person who works under the supervision and guidance of a skilled journeyman or contractor for the purpose of learning the plumbing trade. (d)2 Plumber,inactive. The term'inactive plumber"shall mean any licensed plumber who is not currently employed nor actively participating in the plumbing trade. (d)3 Plumber,journeyman. The term"journeyman plumber"shall mean any properly licensed person who is allowed to install plumbing only under the employ of a Master Plumber. (d)4 Plumber, master. The term "master plumber"shall mean any properly licensed person who undertakes or offers to undertake,to plan for,layout,supervise,or perform plumbing work with or without compensation. Section 120 is amended by adding the following definition: (d)1 Sewer and water service installer. The term "sewer and water service installer' shall mean any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. Section 401(a)is amended to read as follows: (a) Drainage pipe shall be cast iron,galvanized steel,galvanized wrought iron,lead,copper, brass, Schedule 40 ABS DWV, Schedule 40 PVC DWV or other approved materials having a smooth and uniform bore,except that: 1. Galvanized wrought iron,galvanized steel,ABS, or PVC pipe shall not be used underground as a building drain and shall be kept at least six(6)inches above the ground. 2. ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the code. ABS and PVC DWV installations are limited to construction not exceeding the following conditions: A. ABS and PVC DWV piping installations shall be limited to structures having three (3) or fewer stories, as defined by the Uniform Building Code. One (1) additional level that is the first story and not designed for human habitation and used only for vehicle parking, storage, mechanical room,or similar use shall be permitted. 8. Vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of twenty-four(24)inch forty-five degree(45°)offset every thirty(30)feet. Horizontal piping shall be limited to a maximum of thirty (30)feet developed length. C. All installations shall be made in accordance with the manufacturer's recommendations. All PVC solvent cement joints shall be made with the use of an approved primer which shall be purple in color. D. Installations shall not be made in any space where the surrounding temperature will exceed one hundred forty (140) degrees Fahrenheit or in any construction or space where combustible materials are prohibited by any applicable building code or fire regulations or in any licensed institutional occupancy, or underground within a building except where special conditions require other than metal pipe,the administrative authority may approve plastic pipe and other materials in acid waste or deionized water systems. E. PVC pipe of weight SDR 35 or better may be installed as a building sewer with the following restrictions: (1) Pipe size shall be limited to four(4)inches or smaller. (2) Pipe shall be installed in a twelve (12) inch envelope of clean granular fill, such as sand or limestone screenings, three-eighths (3/8)inch in size or smaller. The fill shall be installed uniformly with a minimum of a four(4)inch base and a four(4) inch cover(see diagram). P k, 2 0 20. 9 3 35G q 1IIIII (�1N ' =11�Iy{111{I i111�=;Iilll 1 I=II I�tU= • 1111{.=.1111 r I= 1111E- - 111111 111111 . - : 11111 111111—' ' r . . ..-_11111 �IIIIII ♦ Mw.Nar,Lutc Covt±� "UH 110k- 11111 1111 : nt.�Kappa rIN1V=' V=utui�i' to fifr--- II1II=11111fe:11I1I11_ I II? �l=I M.1 Y= Ill U{I 3. CI soil pipe, and type M copper pipe shall be the only materials permitted for underground installation within a building except where special conditions require other than metal pipe, that is.in acid waste or deionized water systems, plastic pipe and other materials may be approved by the administrative authority. Section 403(a)is amended by adding the following sentence: There shall be at least one four(4)inch drain pipe from the sewer to the main drainage stack. Section 409(a)is amended to read as follows: (a) Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer,and shall be protected from backflow of sewage by installing an approved type backwater valve,and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when itis determined necessary by the administrative authority or the engineers of the governing body,based on local conditions. Section 502 is amended by deleting subsection(a)and adding new subsections(a),(c)and (d)as follows: (a) No vent will be required on a three (3) inch basement floor drain provided its drain branches into the house drain on the sewer side at a distance of five(5)feet or more from the base of the stack and the branch line to such floor drain is not more than twelve(12) feet in length. (c) In single-and two-family dwellings,no vent will be required on a two(2)inch basement P trap,provided the drain branches into a properly vented house drain or branch three(3) inches or larger,on-the sewer side at a distance of five(5)feet or more from the base of the stack and the branch to such P trap is not more than eight (8) feet in length. In buildings of one story,where only a lavatory,sink or urinal empties into the stack.the five foot distance from the base of the stack does not apply. (d) Where permitted by the administrative authority,vent piping may be omitted on basement water closets in remodeling of existing construction only. Section 503(a)is amended by deleting subsection(2)and adding a new subsection(2)reading as follows: (2) ABS and PVC pipes and fittings shall be marked to show conformance with the standards in the Code. ABS and PVC DWV installations are limited to construction not exceeding the following conditions: A. ABS and PVC DWV piping installations shall be limited to structures having three (3)or fewer stories,as defined by the Uniform Building Code. One(1)additional level that is the first story and not designed for human habitation and used only for vehicle parking, storage,including a mechanical room or similar use shall be permitted. B. Vertical piping shall be installed with restraint fittings or an approved expansion joint or a minimum of twenty-four(24)inch forty-five degree(45°)offset eyery thirty(30) feet. Horizontal piping shall be limited to a maximum of thirty(30)feet developed length. C. All installations shall be made in accordance with the manufacturer's recommendations. All PVC solvent cement joints shall be made with the use of an approved primer which shall be purple in color. D. Installations shall not be made in any space where the surrounding temperature will exceed one hundred forty(140)degrees Fahrenheit or in any construction or space where combustible materials are prohibited by any applicable building code or fire regulation or in any licensed institutional occupancy, or underground within a building except where special conditions require other than metal pipe. The administrative authority may approve plastic pipe and other materials for acid waste or deionized water systems. Section 504(a) is amended by adding the following sentence: There shall be at least one three(3)inch main stack for each building. Section 505(d)is amended to read as follows: (d) Alt vent pipes shall extend undiminished in size above the roof,or shall be reconnected with a soil or waste vent of proper size. No vent smaller than three (3) inches shall extend through the roof. Section 505 is amended by adding a subsection(g)to read as follows: (g) In all new residential construction with a basement,at least one(1)two(2)inch dry vent shall be available in the basement. Section 506(a)is amended to read as follows: (a) Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve(12)inches above the roof and not less than twelve(12)inches from any vertical surface. Section 506(c)is amended to read as follows: (c) Vent pipes shall be extended separately or combined,of full required size,not less than twelve (12) inches'above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for other purposes in addition to weather protection. All vents within ten (10) feet of any part of the roof that is used for such other purposes shall extend not less than seven(7)feet above such roof and shall be securely stayed. Section 608(d) is amended to read as follows: (d) No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air-gap fitting is installed on the discharge side of the dishwashing machine, or the discharge line of the dishwasher is looped as high as possible near the flood level of the kitchen sink. Listed air-gaps shall be installed with the flood level(FL)marking at or above the flood level of the sink or drain board,whichever is higher. Section 613 is amended by adding a new subsection(d)to read as follows: (d) The following wet venting conditions are examples of common conditions used in residential construction which are allowed under this code, if the piping sizes are maintained as required by other sections of this code and the wet vented section is vertical. -7 7.�. _ 3 04 0240 , i73 -356 (1) Single bathroom groups. A group of fixtures located on the same floor level may be group vented but such installations shall be subject to the following limitations: (a) Two(2)fixtures with a combined total of four(4)fixture units may drain into the two(2)inch vent of a three(3)inch closet branch. (b) One(1)fixture of one(1)unit may drain into a vent of a one and one-half (1-12)inch bathtub waste pipe. (c)• Two(2)fixtures of two (2)or fewer units each may drain into the vent of a two(2)inch bathtub waste serving two(2)or fewer tubs if they drzn into the vent at the same location. (2) A single bathroom group of fixtures on the top floor may be installed with the drain from a back-vented lavatory serving as a wet vent for a bathtub, shower stall,or for the water closet,if: (a) Not more than one(1)fixture unit is drained into a one and one-half(1-1/2) inch diameter wet vent,or not more than tour(4)fixture units drain into a two(2)inch diameter wet vent. (b) The horizontal branch shall be at least of two (2)inches in diameter and connect to the stack at the same level as the water closet drain or below the water closet drain when installed on the top floor. It may also connect to the water closet arm. (3) Common vent. A common vont may be used for two(2)fixtures set on the same floor level but connecting at different levels in the stack,if the vertical drain is one(1)pipe size larger than the required upper fixture drain and as large or larger than the lower fixture drain. (4) Double bathroom group. Where bathrooms or water closets or other fixtures are located on opposite sides of a wall or partition or are adjacent to each other within the prescribed distance, such fixtures may have a common soil or waste pipe and common vent. Water closets having a common soil and vent stack shall drain into the stack at the same level. (5) Basement closets. Basement closets or floor drains in remodelled one and two-family dwellings may be vented by the waste line from a first floor sink or lavatory having a one and one-half (1-1/2) inch waste and vent pipe. with prior approval from the administrative authority. (6) Water closets shall have a two(2)inch vent. However, if the developed length of the trap arm of the water closet is six(6)feet or less from a two (2) inch or larger stack receiving waste from the floor above, the closet may be revented by a one and a half(1-1/2)inch vent pipe. Section 702 is amended such that all trap arm lengths shall be within the distances given in Table 7-1. TABLE 7-1 Horizontal Distance of Trap Arms (Except for water closet and similar fixtures)' Distance Trap Arm Trap to Vent (Inches) (Feet) 11/4 • 5 1'/ 6 2 8 3 12 4 and larger 12 Slope shall be one-quarter:ch per foot. 'The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent)and its vent shall not exceed six(6)feet. Section 910 is amended to read as follows: Every building intended for human occupancy shall be provided with sanitary facilities as required by this section and Table 9-A. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the Uniform Building Code in Sections 3302 and Table No.33-A. The established occupant load shall be assumed to be one-half(1,2)male and one-half(1/2)female unless sufficient evidence to the contrary is supplied to the administrative authority. Exception: When toilet facilities are provided for employees only,the occupant load shall be the actual number of employees on the largest shift. Notes to Table 9-A When urinals are provided,one(1)water closet fewer than the number specified may be provided for each urinal installed,except the number of water closets in such cases shall not be reduced to less than one-half('h)of the minimum specified. 1. The figures shown are based upon one (1) fixture being the minimum required for the number of persons indicated. 2. Building categories not shown on this table shall be considered separately by the administrative authority. 3. Drinking fountains shall not be installed in toilet rooms. 4. Laundry facilities. One(1)automatic washer standpipe for each dwelling unit for single family or duplex. For multi-family apartment buildings,one(1)standpipe for each ten(10) apartments or fraction thereof. 5. Kitchen sinks. One(1)for each dwelling unit. 6. Twenty-four(24)lineal inches of wash sink or eighteen (18) inches of a circular basin, shall be considered equivalent to one (1) lavatory when provided with water outlets for such space. 7. General. In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms. And,in temporary working facilities,one(1)water closet and one(1)urinal for each thirty(30)persons. 8. A restaurant is defined as a business which sells food to be consumed on the premises. a. The number of occupants for a drive-in restaurant shall be considered as equal to the number of parking stalls. b. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. There shall be a minimum of one (1) drinking fountain per occupied floor in schools, theaters,auditoriums,dormitories,offices or public buildings. 10. Wholesale and retail stores with an occupant load of less than five hundred(500)need not provide public restrooms. Section 913 is added to conform with Section 510 of the 1991 Uniform Building Code. In other than dwelling units,walls within two(2)feet of the front and sides of urinals and water closets shall have a smooth, hard nonabsorbent surface to a height of four(4)feet. Section 1003A. Cross Connection Control-Containment Provisions. . 1. Definitions. The following definitions shall apply only to Section 1003A. For the purpose of this section,these definitions supersede definitions given elsewhere in this code. a. Approved backflow prevention assembly for containment. A backflow prevention assembly which is listed by the University of Southern California-Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89,'Double Check Valve Backflow-Prevention Assemblies'. or ANSI-AWWA Standard C511-89, 'Reduced-Pressure Principle Backflow-Prevention Assemblies'for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing anc Mechanical Officials. b. Approved backflow prevention assembly for containment In a fire protection system. A backtlow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutur Research Corporation(FM)and Underwriters Laboratory(UL),in addition to the requirements of paragraph 1(a). e ORD• q3 —35;y c. Auxiliary water supply. Any wafer supply on or available to the premises other than the water purveyor's approved pubic water supply such as, but not limited to a ,j private well,pond,or river. d. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connecion or arrangement between a potable water supply system and any plumbing fixture or tank,receptacle,equipment,or device,through which it may be possible for non-potabla, used, unclean, polluted, and contaminated water,or other substance,to enter into any part of such potable water system under any condition. f. Customer. The owner,operator,or occupant of a building or a property,or of a private water system which has a water service from a public water system. g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two(2)independently acting,internally loaded check valves,four(4) properly located test cocks,and two(2)isolation valves. (Backflow prevention assembly used for low hazard.) i. High hazard cross connection. A cross connection which may impair the quality of the potable water by creating an actual hazard to public health through poisoning or through contamination with sewage, industrial fluids,or waste. j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross-connection rather than at the water service entrance. k. Low hazard cross connection- A cross connection which may impair the quality of potable water to a degree which does not create a hazard to public health,but which does adversely and unreasonably affect tie aesthetic qualities of such potable water for domestic use. I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two (2) independently-acting, internally loaded check valves,a differential pressure relief valve,lour(4)properly located test cocks,and two(2) isolation valves. (Backflow prevention assembly used for high hazard.) m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health Department to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in ,creased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building,properly,or private water system,or the act of providing potable water to a customer. 2. Administrative authority. a. For the purposes of Section 1003A only, the administrative authority is the City Council acting through such persons or agencies the City Council shall designate. b. The administrative authority shall have the right to enter any property to inspect for possible cross-connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of Iowa City Council. d. The administrative authority shall maintain records of cross connection hazard surveys,and of the installation,testing,and repair of all backflow prevention assemblies installed in this city for containment purposes. 3. New Water Services. a. Plans shall be submitted by the contractor to the administrative authority for review of all new water services to determine the degree of hazard before a permit is issued. b. The administrative authority shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The administrative authority shall require the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 4. Existing Water Services. a. Upgrades of existing water services shall be treated as new water services for the purpose of Section 1003A. b. The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. c. Atter publication of the standards, the administrative authority shall give written notice to customers whose premises are classified as single family residential of the provisions of this ordinance. d. Within six(6)months atter publication of the standards,customers whose premises are not classified as single family residential shall complete and return to the administrative authority a cross-connection hazard survey to determine the type of containment device required. e. The administrative authority shall, determine the type of backflow prevention assembly required for containment based on the degree of hazard,as determined from information received from customers or gathered through on-premise investigations or surveys. f. Within the time frame specified in writing by the administrative authority, the customer shall install a backflow prevention assembly for containment as required by the administrative authority. g. For existing water services,the administrative authority may inspect the premises to determine the degree of hazard. When high hazard cross connections are found.the administrative authority shall,at its sole discretion: 1)develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for containment required by the administrative authority has been installed. h. Failure of the administrative authority to notify a customer that they are believed to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 5. Customer. a. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premise starting at the point of service from the public potable water system. b. The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the administrative authority. c. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15)days after testing and/or repairs are completed. d. If a backflow incident occurs,the customer shall immediately notify the City of Iowa City Water Department and/or The City of Iowa City Plumbing Inspector,and take steps to confine the contamination or pollution. 6. Required Backflow Prevention Assemblies'or Containment-Water Services. a. A water service having one or more cross connections which the administrative authority classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as low hazard shall Have an approved double check valve assembly. 7. Required Backflow Prevention Assemblies for Containment-Fire Protection Systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies such as reservoirs, rivers. ponds,wells,mills,or other industrial water systems. A ._ . . .. oR-D . 93. 35y 4. Combined industrial and fire protection systems supplied solely from the public water mains,with or without gravity storage or pump suction tanks. 5. Any other facility,connection,or condition which may cause contamination. b. All other fire protection systems shall have a double check valve assembly. The double check valve shall be required on all new systems at the time of installation and on existing systems when they are upgraded. 8. Backflow Prevention Assembly Technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department. b. A Backflow Prevention Assembly Technician registered by the state of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. 9. Installation of Backflow Prevention Assemblies. a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 1003. b. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case,it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. c. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding and shall not be installed in underground vaults or pits. d. All backflow prevention assemblies shall be protected from freezing. e. Thermal expansion shall be provided for when installing a backflow prevention assembly which uses hot water within the system. f. Reduced pressure principle backflow prevention assemblies shall be provided with the means to convey the discharge of water to a suitable drain. g. No backtlow prevention assemblies shall be installed above an electrical panel, higher than the ceiling level or in any place where it would create a safety hazard. h. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, two backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair,should be installed in parallel piping. i. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat gate valves published in the current edition of the Manual of Cross- Connection Control (University of Southern California). Ball valves shall be used on assemblies installed in piping two(2)inches and smaller,and resilient seat gate valves shall be used on assemblies installed in piping larger than two(2)inches. 10. Testing of Backflow Prevention Assemblies. a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician and the costs of tests required by this section shall be paid by the customer. b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before operation resumes each season. d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for non-compliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly technician immediately after repair or replacement. e. The registered backflow prevention assembly technician shall report the successful test of a backflow prevention assembly within fifteen(15)days of the test to the customer and to the administrative authority on the form provided by the administrative authority. f. The administrative authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 11. Repair of Backflow Prevention Assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. b. The registered backflow prevention assembly technician shall not change or modify the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance,and shall use only original manufacturer replacement parts. c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen(15)days of the repair to the customer and to the administrative authority on the form provided by the administrative authority. The report shall include the list of materials or replacement parts used,and shall summarize the work performed. 12. Customer Noncompliance. Water service may be discontinued if a customer fails to comply with Section 1003A. Noncompliance includes,but is not limited to,the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this chapter. b. Removal of a backflow prevention assemi!y which has been required by the administrative authority. c. Bypassing a backflow prevention assembly which has been required by the administrative authority. d. Providing inadequate backflow prevention when cross connections exist. e. Failure to install,test,and/or properly repair a backflow prevention assembly which has been required by the administrative authority. f. Failure to comply with the requirements of this ordinance. g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible cross connections. Section 1004(a)is amended to read as follows: (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron,galvanized steel,or other approved materials. Lead pipe,lead solders and flux containing more than 0.2 percent lead shall not be used in any potable water system. Asbestos-cement, CPVC, PB, PE or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system,except valves and similar devices,shall be of a like material,except where otherwise approved by the administrative authority. Section 1105 is amended by adding the following sentence: The minimum size of any building sewer shall be four(4)inches. DELETIONS: The following sections of the 1991 Edition of the Uniform Plumbing Code adopted by Section 8-161 of this Chapter are hereby deleted: Part I,Administration. Section 310(c). Section 1008(f). SECTION 8-163. GARAGE FLOOR DRAIN. Garages and other structures for the housing,sale,repair or for commercial washing of automobiles,which connect with the sewer,shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street,alley,sidewalk, or pavement approach. Such drains shall be constructed with a device to catch sand, silt, or other solids,shall have a seal depth of not less than six(6)inches above the sand receiver. The drain outlet shall not be smaller than a four(4)inch connection. All materials used for vents and waste lines shall conform with the other provisions of this code. The trap shall be constructed of cast iron, cement,or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha, or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the plumbing inspector. The junction pieces slants or wyes built into the sewer during construction must be used d/2.D. 9 3 -- 35/ for connecting alt private sewers or house drains-unless special permission to use other means �P is endorsed on the permit. Before making a connection to the public sewer,the plumber shall excavate and clear a trench at the point of connection. The actual connection with said junction ° LP piece,slant,or wye must be made in the presence of the plumbing inspector or an authorized agent. I ne cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. If there is no junction piece,slant or wye already In the sewer,the sewer will be tapped by the city, and the superintendent of Pollution Control shall be notified as soon as it is discovered that a tap will be necessary. The excavation shall be properly prepared by the plumber and the sewer main completely uncovered. A city crew will then make the tap and install a sewer saddle for the plumber. In all cases the excavation showing the connections shall be kept open by the plumber until the plumbing inspector has been notified. SECTIONS 8-165-8-170. RESERVED. SECTION 5. DISSOLUTION OF BOARD OF EXAMINERS OF PLUMBERS AND ASSIGNMENT OF THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS, ADMINISTRATION OF CHAPTER. Chapter 8,'Building and Building Regulations'of the Code of Ordinances of the City of Iowa City,Iowa is hereby amended by repealing Sections 8-171 through 8-191,inclusive,and enacting in lieu thereof new Sections 8-171 through 8-191,to read as follows: DIVISION 2. ADMINISTRATION AND ENFORCEMENT. SECTION 8-171. BOARD OF APPEALS. A. General. In order to hear and decide appeals of orders,decisions or determinations made by the building official relative to the application and interpretation of this code,there shall be and hereby created a Board of Appeals. The board shall consist of at least five (5) members who are qualified electors of the City of Iowa City but are not employed by the City. The Board shall include at least one licensed plumber, at least one member qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, at least one representative from the Iowa City Homebuilders Association, and at least one building design professional. All other members shall be qualified by experience and training to pass upon matters pertaining to building construction and interpretations of the building official. If any plumber on the Board of Appeals is involved in any appeal before the Board,the other members of the Board shall appoint an alternate qualified plumber who is a qualified elector of the City of Iowa City to act in his or her stead. The building official shall be an ex officio member of, and shall act as secretary to the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules and procedures as set forth in the Iowa City Administrative Code. B. Limitations of Authority. The Board of Appeals shall have no authority relative to the interpretation of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code. SECTION 8-172. LICENSES. A. No person shall plan for,lay out,supervise,or perform plumbing work,within Iowa City, with or without compensation unless the person holds a master plumber's license issued by the City. B. No person shall work as a journeyman plumber within the City unless the person holds a journeyman plumbers license issued by the City. C. No person shall work as a sewer and water service installer within the City unless the person holds a sewer and water service installers license issued by the City. 0. No person shall knowingly employ or permit an unlicensed person to perform plumbing work within Iowa City if the work is required by this Code to be performed by a licensed plumber. E. There shall be a properly licensed plumber present at an locations and ai all times whole plumbing work is being performed. At least one licensed plumber shall be present for every three apprentices or laborers. Such licensed plumber must be an employee of the permit holder. SECTION 8-173. APPLICATION. Any person required by this ordinance to possess a license for plumbing work shall make application to the Administrative Authority. SECTION 8-174. APPLICATION AND EXAMINATION FEES. The examination fee for persons applying for a license for plumbing work shall be established by resolution of Council,and shall not be refunded. SECTiON t1-t iS. uctNSiNG STANDARDS. The Administrative Authority shall.issue licenses pursuant to the following provisions: A. A master plumber's license shall be issued to every person who demonstrates satisfactory completion of one year's experience as a licensed journeyman plumber,and successfully passes the examination approved by the Board of Appeals. The tee for the license shall be set by resolution of Council. B. A journeyman plumber's license shall be issued to every person who demonstrates satisfactory completion of four year's full-time experience as an apprentice plumber with an established plumbing company,and successfully passes the examination approved by the Board of Appeals. The tee for the license shall be set by resolution of Council. C. A sewer and water service installer's license shall be issued to every person who successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. SECTION 8-176. RECIPROCAL LICENSES. A. A reciprocal journeyman plumbers license will be issued to any journeyman plumber without taking the exam if the plumber holds a current and valid journeyman plumber's license in any other city in Iowa,if all of the following conditions are met: 1. The license was obtained by successfully passing an exam based on the Uniform Plumbing Code. 2. The applicant demonstrates at least four years experience as a journeyman or apprentice plumber. 3. The city which issued the applicants current license agrees to extend the same courtesy to Iowa City journeyman plumbers. 4. The applicant shall make application for the license and pay all examination fees. B. Only one reciprocal journeyman's license will be issued to any applicant. C. A journeyman plumbers license may be issued to a plumber who demonstrates at least four years experience as either a journeyman or apprentice plumber and who has successfully passed a proctored, six hour,joumeyman plumbers exam administered by Block and Associates testing agency. D. A master plumber's license may be issued to an applicant who has successfully passed the proctored, six hour, master plumbers examination administered by Block and Associates. E. A sewer and water service installer's license may be issued to an applicant who has successfully passed the examination approved by the Iowa City Board of Appeals. SECTION 8-177. RE-EXAMINATIONS. Any person who fails the journeyman or master plumber's examination may apply for re- examination at the next regularly scheduled examination. Any person who fails the sewer and water service installer's examination must wait a minimum of 30 days before retesting. SECTION 8-178. RENEWALS. A. Every Ii'ense which has not previously been revoked shall expire on December 31 of each year. Renewal fees shall be as established by Council. Any license that has expired may be reinstated within sixty(60)days after the expiration date upon payment of an additional ten dollar reinstatement fee. Atter the expiration of the sixty(60)day period,no license shall be renewed except upon re-examination. B. At the time of renewal,each licensee shall identify the plumbing company where they are currently employed. SECTION 8-179. REVOCATION. A. The Administrative Authority with consent of the Board of Appeals may revoke any license issued by them if the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud, or for continual violation of any sections of this code. Licenses are not transferrable. The lending of any license or the obtaining of permits thorol,n•In•r^•^^,^+nor normo shall be deemed cause for revocation. r7 ORD . 13 - 3564 B. Revocation shall occur only after the plumbing inspector has given the licensee written notice and an opportunity for an administrative hearing before the Grievance Board. Such notice and hearing shall be conducted pursuant to the provisions of the City's Administrative Code(Chapter 2,Article IX of the City Code of Ordinances). C. If a license is revoked for any reason, another.icense shall not be issued for at least twelve(12)months after revocation. SECTION 8-180. INACTIVE LICENSE. Any current plumbing license may be classified as inactive upon written request of the licensee. Once so classified,the license holder is permitted to maintain his/her plumbing license as current but will not be permitted to obtain a plumbing permit nor otherwise actively participate in the plumbing trade in Iowa City. The license may be reactivated within three(3)years upon payment of the full license fee for that year. After a license has been classified as inactive for three(3)years or more,or has been previously reactivated twice, a reactivation exam shall be required. The fee for an inactive license shall be set by resolution of Council. SECTION 8-181. PERMIT REQUIRED. A. It shall be unlawful for any person to install,remove,alter,repair,or replace or cause to be installed,removed,altered,repaired,or replaced any plumbing,gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit. B. A separate permit shall be obtained for each structure. C. A permit is required to make connection with the public sewer and will be issued only when the plumbing on the premises to be connected is in compliance with the provisions of this article. D. No permittee shall allow any person not in his/her employ to do or cause to be done any work under a permit. SECTION 8-182. WORK NOT REQUIRING A PERMIT. No permit shall be required for the following repair work: the stopping of leaks in drains or soil,waste or vent pipes,and the clearing of stoppages in pipes,valves or fixtures. However, if it becomes necessary to remove,replace or rearrange any part,it shall be considered new work which requires a permit. SECTION 8-183. PERMITTEE. A, A permit may be issued to any person holding a valid master plumber license issued by the City of Iowa City,or to any plumbing company which employs a duly licensed master plumber on a full time basis. B. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this article. C. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. SECTION 8-184. APPLICATION FOR PERMIT. On an application form provided by the City, the applicant shall describe the work proposed to bo done.the location,ownership,occupancy.and use of the premises. The city may require plans, specifications, drawings and such other. information that may be deemed necessary. If the plumbing inspector concludes from the information furnished that the applicant is in compliance with this article,he/she shall issue the permit upon payment of the required fee. SECTION 8-185. PERMIT. A. Time limitation. A permit shall expire if the work authorized is not commenced within one hundred eighty (180) days after issuance or if the work authorized is suspended for a period of one hundred eighty(180)days. Prior to resumption of work,a new permit must be obtained. The renewal fee shall be one-half (1/2) of the original fee provided no changes have been made in the plans and specifications and the suspension did not exceed one(1)year. B. The issuance of permit shall not be construed as a waiver of any of the provisions of this article. It shall not prevent the plumbing inspector from requiring the correction of errors or from preventing construction in violation of this ordinance or from revoking any permit issued in error. C. Display. The permit and the approved plans or specifications shall, at all times, be available at the location of the work permitted thereby. SECTION 8-186. INSURANCE. Before a permit to perform plumbing work may be issued,the applicant shall have on file with the plumbing inspector a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars($300,000)property damage and five hundred thousand dollars($500,000)bodily injury. The City of Iowa City shall be named as an additional insured. The policy shall also provide for at least thirty (30) days notice by the insurer to the City of termination of the policy by the insured or insurer, Plumbing permits issued under Section 8- 182(B)of this ordinance shall be exempted from this insurance requirement. SECTION 8-187. PERMIT AND INSPECTION FEES. Alf applicants shall pay the proper permit and inspection fees as established by resolution of Council.Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demonstrates to the satisfaction of the plumbing inspector that it was an emergency. SECTION 8-188. INSPECTIONS. A. It shall be the duty of the person doing the work authorized by the permit to notify the plumbing inspector at least twenty-four(24)hours oefore the works to be Inspected that it is ready for inspection. B. . It shall be the duty of the person doing the work authorized by the permit to ensure that the work will stand the test prescnbed before giving notification. C. No work shall be covered or concealed in any manner before it has been examined and approved by the plumbing inspector. SECTION 8-189. PLUMBING INSPECTOR. A. Duties. It shall be the duty of the plumbing inspector to administer and enforce the provisions of this article,to sign and issue all notices,permits,and licenses,to pass upon all plans submitted, and to keep complete records of all official work performed in accordance with the provisions of this article. B. Right of entry. The plumbing inspector shall carry proper credentials and shall, upon presentation of hisiher credentials during business hours,have the right of entry to inspect all buildings and premises in the performance of his/her duties. C. Stopping work. If the plumbing inspector reasonably believes the continuance of plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision of this article, the inspector may give oral and/or written notice that all further work be stopped. The inspector may require suspension of work until the condition in violation has been remedied. Any oral order shall be confirmed in writing. D. Excavations. All excavations for laying sewer or water pipes from the property line to the building line shall be under the direction and subject to the approval of the plumbing inspector. SECTION 8-190. VIOLATIONS. A. Notices. 1. Whenever the plumbing inspector discovers that any unsanitary condition exists, or that any construction or work regulated by this article is dangerous,unsafe,unsanitary. a nuisance,or a menace to life,health,or property,or otherwise in violation of this article, the inspector may give oral or written notice of violation to the person responsible therefore, to discontinue such illegal action and to remedy the condition which is in violation of the provisions of the article. 2. Refusal or failure to promptly comply with any order shall be considered a violation of this article. 3. If the order is not complied with,the plumbing inspector may request that the City Attorney institute an appropriate proceeding at law or in equity to restrain, correct, or remove such violation. 8. Violators. The owner of a structure or premises where anything in violation of this article shall exist and any architect,builder,contractor,agent,person or corporation employed - ,a� avo aswcea 1n me commission of such violation shall P i be each guilty of a separate offense. a Y ) SECTION B-191. PENALTIES. 1 Any violation of the provisions of this article shall be considered a simple misdemeanor O tY� f\ • (] 2 — 2 5/,/ or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the city. �V ! J cp`7 SECTION 6. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. 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 unconstitu- tional. SECTION 8. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 16th day of March,1993. 7414 MAYOR ATTEST: -&44,,e-x; 9( —71,2,,,,L) CITY CLERK Table 9-A' Fixtures Per Person' Type of Building' Bathtubs Drinking" or Occupancy Water Closets Urinals Lavatories6 or Showers Fountains Male Female Male Female For employee or 1:1-15 1:1-15 1 per 50 males 1 for each 2 water staff use in all 2:16-35 2:16-35 closets or urinals occupancies except 3:36-55 3:36-55 industrial ware- Over 55, add houses, workshops, 1 fixture for factories, foun- each additional dries and similar 40 persons establishments. For employee or 1:1-10 1:1-10 1 per 50 males 1 for each 2 water 1 per 75 and 1 staff use in 2:11-25 2:11-25 closets or urinals per occupied industrial ware- 3:26-50 3:26-50 floor houses, workshops, 4:51-75 4:51-75 factories, foun- 5:76-100 5:76-100 dries and similar Over 100, establishments. add 1 fixture for each additional 30 persons. For public use Assembly places, 1:1-100 1:1-30 1:1-100 1:1-100 1:1-60 1 per 75 and 1 i.e. theatres, 2:101-200 2:31-60 2:101-200 2:101-200 2:61-130 per occupied auditoriums, etc. 3:201-400 3:61-100 3:201-400 3:201-400 3:131-200 floor Over 400, 4:101-130 4:401-600 4:201-400 add 1 5:131-160 Over 600, add 1 Over 400, fixture 6:161-200 fixture for each add 1 for, each 7:201-300 300 additional fixture 500 males 8:301-400 males per 400 and 1 for persons each 150 • females Dormitories - 1 per 10 1 per 8 1 per 25 males 1 per 12 1 per 12 1 per 8 1 per 75 and 1 school or Add 1 fixture for each Over 150, add 1 Over 12, add 1 for Over 150, per occupied labor 25 males over 10 and 1 per 50 males each 20 males and 1 add 1 per floor fixture for each 20 for each 15 females 2044111 females over 8 Fixtures Per Person' Type of Building' Bathtubs Drinking" or Occupancy Water Closets Urinals Lavatories6 or Showers Fountains Male Female Male Female Hospitals: Individual Room 1 per room 1 per room 1 per room Ward Room 1 per 8 beds 1 per 10 beds 1 per 20 1 per 75 beds Institutional- 1 per 25 1 per 20 1 per 50 males 1 per 10 1 per 10 1 per 8 1 per 75 ,ther than hospitals or penal institu- tions / Office or public 1:1-15 1:1-15 1 per 40 males 1 for each 2 water 1 per 75 and 1 buildings 2:16-35 2:16-35 closets or urinals per occupied 3:36-55 3:36-55 floor Over 55, add 1 fixture for each additional 40 persons iiholesale10 & 1:250-500 2:250-400 1 for each 500 1 for each 2 water 1 for each pair retail stores 2:501-750 3:401-600 males closets or urinals of restroom 3:751-1000 4:601-800 facilities 5:801-1000 provided Over 1,000, add 1 fixture for each additional 500 males and 1 for each additional. 400 females )wellings4 - iingle-family 1 per dwelling 1 per water closet 1 per dwelling tulti-family 1 per dwelling unit 1 per water closet 1 per dwelling unit r7 -Ptte.t a b 9 c °. 93 - 356,L( 'enal institutions: 'ell 1 per cell 1 per cell 1 per floor 'xercise room 1 per exercise room 1 per exercise 1 per room 1 per room room Fixtures Per Person' rype of Building' Bathtubs Drinking" or Occu.anc Water Closets Urinals Lavatories' or Showers Fountains Male Female Male Female Restaurants' 1:1-50 1:1-30 1:1-100 1 for each 2 water which serve 2:51-100 2:31-60 2:101-200 closets or urinals alcohol, pubs 3:100-200 3:61-100 3:201-400 i. lounges 4:201-400 4:101-130 4:401-600 Over 400, 5:131-160 Over 600, add 1 add 1 6:161-200 fixture for each fixture 7.201-300 each 300 for each 8:301-400 additional males 200 males and 1 for each 150 females restaurants' 1:1-50 1:1-50 1 per 100 males 1 for each 2 water which do not 2:51-150 2:51-100 closets or urinals >erve alcohol 3:151-300 3:101-175 4:176-300 Over 300, add 1 fixture per 200 additional persons >choolss - for student use 1:1-25 1:1-25 1 per 75 lursery 1:1-20 1:1-20 2:26-50 2:26-50 2:21-50 2:21-50 Over 50, add 1 fixture Over 50, add 1 fixture each additional 50 . for each additional 50 persons persons ;lementary 1 per 30 1 per 25 1 per 75 males 1 per 35 1 per 35 1 per 75 secondary 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 thers (colleges) 1 per 40 1 per 30 1 per 35 males 1 per 40 1 per 40 1 per 75 niversities, etc.) Fixtures Per Person' ype of Building' Bathtubs Drinking" or Occupancy Water Closets Urinals Lavatories' or Showers Fountains Male Female Male Female orship Places - ducational & 1 per 250 1 per 125 1 per 250 1 for each 2 water 1 per 75 ctivities unit closets or urinals rincipal 1 per 300 1 per 150 1 per 300 1 for each 2 water 1 per 75 ssembly place closets or urinals C'rcj ORDINANCE NO. 93-3565 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 240 ACRE TRACT, LOCATED EAST OF SCOTT PARK, SOUTH OF LOWER WEST BRANCH ROAD, AND NORTH OF AMERICAN LEGION ROAD, FROM THE COUNTY DESIGNATION OF RS, SUBURBAN RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. • WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Windsor Ridge Development Co., has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code §368.7, annexation of the property must be approved by both the City and the city development board; and WHEREAS, pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the • requested change; and WHEREAS, the City wants to ensure appropriate allocation and suitability of neighborhood open space and the availability of a public school site; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban development on the eastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the city development board approving the requested annexation of the property described below into the City of Iowa City and subject to Iowa Code 4414.5 and the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property is hereby reclassified from its present classification of County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential: All that part of the E % of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE %a of • said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE '34 of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an • assumed bearing of NO°09'30'West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South 300.0 feet; thence West 115.0 feet; thence South 300.0 feet; thence East 75.0 feet; thence South 2°47'0" East Ordinance No. 93-3565 Page 2 921.87 feet;thence South 67°25'30" East 257.94 feet;thence South 22°34'30"West 538.94 feet to the centerline of the American Legion Road; thence North 67°24'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18,T79N, R. 5W of the 5th P.M.; thence SO°00'30" E, 3165.25 feet along the east line of said Section to the point of beginning; thence SO°00'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N67°24'20"W, - . 808.21 feet along the centerline of American Legion Road; thence N22°35'40"E, 538.98 feet; thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89°57'00" East 881.71 feet to a point (for purposes of this description, the North line of said Lot 29 is assumed to bear due East); thence South 1°3'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 1°3'00" East 441.00 feet to a point; thence South 88°57'00" West 292.00 feet to a point; thence North 1°3'00" West 150.00 feet to a point; thence North 31°50'22" East 178.63 feet to a point; thence North 1°3'00" West 61.00 feet to a point; thence North 28°18'28" East 91.79 feet to a point; thence N88°57'00" East 150.00 feet to the point of beginning and containing 2.4 acres more or less,and except: Commencing as a point of reference at the NE corner of Sec. 18,Twp. 79N., Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 50°00'30" East 1,469.72 feet along the East line of the Northeast quarter of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only);thence South 89°57'00"West 166.00 feet to a point; thence North 0°00'30" West 188.00 feet to a point; thence South 89°57'00" West 159.00 feet to a point; thence South 0°00'30" East 364.09 feet to a point; thence North 89°57'00" East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18; thence North 0°00'30"West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: Commencing as a point of reference at the Northeast corner of Sec. 18, in Twp. 79N, FL 5 West of the 5th P.M., thence S0°00'30" east ( + 8 Ordinance No. 93-3565 Page 3 1281.72 feet along the East line of the NE V. of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00" West 33.00 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00" West 133.00 feet to a point, thence South 0°00'30" East 188.00 feet to point; thence North 89°57'00" East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road; thence North 0°00'30" West . _ Part of the NE 14 of Sec. 18, Twp. 79N, R. 5 West of the 5th P.M., described as follows: _. Commencing as a point of reference at the NE corner of said Sec. 18, thence S0°00'30" East, 1146.72 feet along the east line of the•NE '/. of said Sec. 18 to a point (this is an assumed bearing for purposes of this description only); thence S89°57'00" West 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described; thence continuing South 89°57'00" West 292.00 feet to a point, thence South 0°00'30" East 135 feet to a point, thence North 89°57'00" East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0°00'30" West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M., thence S0°00'30" E 991.72 feet along the East line of said section to the point of beginning, (the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa; thence from the said point of beginning, S89°57'W 325 feet; thence SO°0'30"E. 155 feet, thence N89°57'E. 325 feet to the East line of said Section 18, thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1.15 acres more or less. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18,Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00°00'30" East 99132 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); Thence South 89°57'00" West 1,230.94 feet to a Point; Thence South 01°03'00"East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00" West 150.00 (� d Ordinance No. 93-3565 Page 4 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28" West 91.79 feet along the Westerly line of said Property • to a Point; Thence South 01°03'00" East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31°50:22" West 178.63 feet along the Westerly line of said Property to a point; Thence South 01°18'08" East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10 West 96.06 feet to a point; Thence South 00°01'50" East 1,134.59 feet to a point of . • _ _ intersection with the Centerline of American Legion Road; Thence North 67°27'14" West 54.15 feet along said Centerline to a point; Thence North 00°01'50" West 1,452.03 feet to a point; Thence South 89°49'29" West 194.84 feet to a point; Thence North 01°03'00" West 500.29 feet to a point;Thence North 90°00'00" East 440.01 feet to a Point; Thence South Thence South 01°03'00" East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels "B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: PARCEL "B" Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description, the North Line of said Southeast Quarter of Section 7 is assumed to bear N90°00'00"E, in accordance with Existing Surveys of Record;Thence S00°17'58"E,along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded Dimension, to the Line of the Existing Fence; Thence S89°41'12"W, along the Line of the Existing Fence, 1867.64 feet, to a Point which is 244.09 feet, N89°41'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N00"29'08"W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet; Thence N90°00'00"E, along a Line Parallel with the North Line of said Southeast Quarter of Section 7, 1863.54 feet, to a Point on the East Line of said Southeast Quarter of Section 7; Thence S00°57'49"E, 885.09 feet, to the Point of Beginning. Said tract of land contains 80.71 acres, more or less, and is subject to easements and restrictions of record. I Ordinance No. 93-9565 Page 5 PARCEL T" Beginning at a 'h-inch Iron Pin found at the Northwest Corner of the Southeast Quarter, of Fractional Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7,to a 5/8-inch Iron Pin found at the Northwest Corner of the Parcel, the Survey of which is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's . . Office; Thence S00°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel; Thence S00°29'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7, 3308.69 feet;Thence S89°41'12"W,244.09 feet, to the Northwest Corner of Lot 29, of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53" W, along the North Line of said Far Horizons Subdivision, 520.00 feet,to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far•Horizons Subdivision; Thence NOO°45'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the Southwest Corner of said Southeast Quarter of Section 7;Thence NO0°29'08"W,2595.66 feet,to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law and notification from the city development board that the annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following passage and approval, and notification from the City Development Board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance • are hereby repealed. • SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 93-3565 Page 6 Passed and approved this 30th day of March, 1993. MAYOR a ATTEST: LI. . . CITY CLE. • Approved �bby//���,.- - - - — . 97 City Attorney's Office aii9/98 ppdadmF\witlmr.ad It was moved by T.nrqnn and seconded by Nnvi nk that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: . . x Ambrisco x Courtney Horowitz x Kubby x Larson x McDonald x Novick First Consideration 3/2/93 Vote for passage: AYES: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration 3/16/94 Vote for passage: AYES: Novick, Courtney, Kubby, Larson, McDonald. NAYS: None. ABSENT: Ambrisco, Horowitz. Date published 4/7/93 I • • CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Windsor Ridge Development Co., an Iowa Corporation (hereinafter "Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 240 acres of land located East of Scott Park, South of Lower West Branch Road and North of American Legion Road legally described below,from the County designation of RS,Suburban Residential to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa Code§ 414.5(1991) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, the City wishes to ensure the appropriate allocation and suitability of neighborhood - open space and the availability of a public school site; and WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate in order to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE, in consideration of the mutual promises contained herein,the Parties agree as follows: 1. Windsor Ridge Development Co. is the owner and legal title holder of the property located east of Scott Park, south of Lower Branch Road, and north of American Legion Road, which property is more particularly described as follows: All that part of the E 1/2 of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE 'A of said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE 'A of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an assumed bearing of N0°09'30" West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South'300.0 feet; thence West 115.0 feet; thence South 300.0 feet; thence East 75.0 feet; thence South 2°47'0" East 921.87 feet; thence South 67°25'30" East 257.94 feet; thence South 22°34'30"West 538.94 feet to the centerline of the American Legion Road; thence North 67°24'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18, T79N, R. 5W of the 5th P.M.; thence SD°00'30" E, 3165.25 feet along the east line of said Section to the point of beginning; thence S0°00'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N67°24'20"W, 808.21 feet along the centerline of American Legion Road; thence N22°35'40"E, 538.98 feet; thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: 1. - 2 - Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18,Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89°57'00" East 881.71 feet to a point (for purposes of this description, the North line of said Lot 29 is assumed to bear due East); thence South 1°3'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 1°3'00" East 441.00 feet to a point;thence South 88°57'00"West 292.00 feet to a point; thence North 1°3'00"West 150.00 feet to a point; thence North 31°50'22" • East 178.63 feet to a point; thence North 1°3'00" West 61.00 feet to a point; thence North 28°18'28"East 91.79 feet to a point;thence N88°57'00" East 150.00 feet to the point of beginning and containing 2.4 acres more or less, and except: Commencing as a point of reference at the NE corner of Sec. 18, Twp. 79N., Range 5 West of the Fifth Principal Meridian,Johnson County, Iowa; thence South 50°00'30" East 1,469.72 feet along the East line of the Northeast quarter of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only); thence South 89°57'00" West 166.00 feet to a point; thence North 0°00'30" West 188.00 feet to a point; thence South 89°57100" West 159.00 feet to a point; thence South 0°00'30" East 364.09 feet to a point; thence North 89°57'00" East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18;thence North 0°00'30"West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: Commencing as a point of reference at the Northeast corner of Sec. 18, in Twp. 79N, R. 5 West of the 5th P.M., thence S0°00'30" east 1281.72 feet • along the East line of the NE '/. of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00"West 33.00 feet to a point of intersection with the Westerly right- of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00" West 133.00 feet to a point, thence South 0°00'30" East 188.00 feet to point; thence North 89°57'00" East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road; thence North 0°00130"West Part of the NE % of Sec. 18, Twp. 79N, R. 5 West of the 5th P.M., described as follows: Commencing as a point of reference at the NE corner of said Sec. 18, thence S0°00'30" East, 1146.72 feet along the east line of the NE Y.of said Sec. 18 to a point (this is an assumed bearing for purposes of this descrip- tion only); thence S89°57'00" West 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described; thence continuing South 89°57'00"West 292.00 feet to a point, thence South 0°00'30" East 135 feet to a point, thence North 89°57'00" East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0°00130"West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M., thence S0°00130" E 991.72 feet along the East line of said section to the 8 - 3 - point of beginning, (the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa;thence from the said point of beginning, S89°57'W 325 feet; thence S0°0'30"E. 155 feet, thence N89°57'E. 325 feet to the East line of said Section 18, thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1.15 acres more or less. • Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00°00'30" East 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); Thence South 89°57'00" West 1,230.94 feet to a Point; Thence South 01°03'00' East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00"West 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28" West 91.79 feet along the Westerly line of said Property to a Point; Thence South 01°03'00" East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31°50'22"West 178.63 feet along the Westerly line of said Property to a point;Thence South 01°18'08" East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10 West 96.06 feet to a point; Thence South 00°01'50" East 1,134.59 feet to a point of intersection with the Centerline of American Legion Road; Thence North 67°27'14" West 54.15 feet along said Centerline to a point; Thence North 00°01'50" West 1,452.03 feet to a point; Thence South 89°49'29"West 194.84 feet to a point;Thence North 01°03'00"West 500.29 feet toa point;Thence North 90°00'00" East 440.01 feet to a Point; Thence South Thence South 01°03'00" East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: • PARCEL "B" Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description, the North Une of said Southeast Quarter of Section 7 is assumed to bear N90°00'00"E, in accordance with Existing Surveys of Record; Thence S00°17'S8"E, along the East Une of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded Dimension, to the Une of the Existing Fence; Thence 589°41'12'W, along the Une of the Existing Fence, 1867.64 feet, to a Point which is 244.09 feet, N89°41'12'E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book c 6 rPinTn _ rnTv I(II l l�/VyW CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3565 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of March , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of April 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 usan Walsh Deputy City Clerk \walsh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 n\trieg Cr - 4 - 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N00"29'08'W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet; Thence N90°00'00"E, along a Une Parallel with the North Une of said Southeast Quarter of Section 7, 1863.54 feet, to a Point on the East Line of said Southeast Quarter of Section 7; Thence S00°57'49"E, 885.09 feet, to the Point of Beginning. Said tract of land contains 80.71 acres, more or less, and is subject to easements and restrictions of record. PARCEL "C" Beginning at a '/cinch Iron Pin found at the Northwest Corner of the Southeast Quarter, of Fractional Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Une of said Southeast Quarter of Fractional Section 7, to a 5/8-inch Iron Pin found at the Northwest Corner of the Parcel,the Survey of which is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel; Thence S00°29'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7, 3308.69 feet; Thence S89°41'1 2W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53" W, along the North Line of said Far Horizons Subdivision, 520.00 feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision; Thence N00°45'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the Southwest Corner of said Southeast Quarter of Section 7; Thence N00°29'08"W, 2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space and the availability of a public school site, and therefore, agree to certain conditions over and above City regulations in order to lessen the impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from County RS,the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5, Low Density Single-Family Residential Zone, as well as the following additional conditions: a. Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. b. Owner shall dedicate 6.9 acres of open space to the City. The open space will consist of a centrally-located four acre neighborhood park with the remaining 2.9 2 - 5 - acres developed as greenway trails linking the above-described tract of land to Scott Park. The location of the park and greenway trails will be negotiated with the City of Iowa City. c. Owner shall convey a minimum of 13 acres to the Iowa City Community School District for use as a public school site, the location of which shall be negotiated with the City and the School District. • 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1991), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. The Owner acknowledges that nothing in this shall be construed to relieve the applicant from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 3 day of 7 • , 1993. • WINDSOR RIDGE DEVELOPMENT CO. OF IOWA CIN A • By tir rf12 f tn� - B -1.a.24/// _ //%a Lowell Swartz, President • Darrel G. Courtney, Mayo • By (1/6°4----:)11? Attest: Macjcr�,e� 5(' Gary Watts, S. for Vice President Marian K. Karr, City Clerk Approved by: City Attorney's Office 7. 03/7.3 • V - 6 - • STATE OF IOWA ) ss: JOHNSON COUNTY ) On this So +k day of Mva , 1993, before me, tynetrac r+sr , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. qg_ ss 65 passed by the City Council on the , Sa' day of Akr , 19 qg , and that Darrel G. Courtney 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 STATE OF IOWA )SS: JOHNSON COUNTY ) On thisr&day of February, 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lowell Swartz and Gary Watts,to me personally known, who being by me duly sworn did say that they are the President and Senior Vice President, respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Lowell Swartz and Gary.Watts as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. • Notary Public in and for the State of Iowa ppdadmin\windsor.cza • OfLJ • Y3 - 35G5- Commencing at the NE corner of Sec.18,T79N,R. / SW of the 5th P.M.;thence S0°00'30'E.3165.25 PARCEL'B" / �,4 /% feet along the east line of said Section to the point /,/ �t of beginning; thence 50°00'30"E, 808.21 feet Beginning Southeast Corner of the Southeast $ /' 2"Q along the east line of said Section to the centerline Quarter of at then 7.Township 79 North.Range 5 Printer's fee A/ �l of American Legion Road: thence Arnenc a'20'W, West of the 5th. Principal Meridian, and for the Road, feet a N22°35'40"ng the .centerline of 98 feet.thenLegce purpose of this Legal Description,the North Line of Road; mance N22°35'40'[,536.98 feet;thence said Quarter of Section 7 is assumes m CERTIFICATE OF PUBLICATION N beginning, 30'E, 538.98 feet to the point of pear N90°00'00"E. in accordance with Existnq said tract containing 10.00to acres more 01 Surveys Southeast Record;Thence 500°17'58'E.ctin7 is 5 along me STATE OF IOWA,Johnson County, ss: less,and except: East Line of the d.NortheastTOwner of the Northeast Quarter of Fractional Section 18, Township 79 THE IOWA CITY PRESS-CITIZEN Commencing as a point of reference at the NE North,Range 5 West 01 the 5th.Principal Meridian, corner of Lot 29,Part 1 of Far Horizons Subdivision 991.72 feet.a Recorded Dimension.to the Line of FED.ID# 42-0330670 and Sec.18,Twp.79a.,R5 West of the 5th P.M., the Existing Fence;Thence S89°41'12"W.along East 881.71 County. Iowa; thence North urp 89°57'00'this the Line of the Existing Fence. 1867.64 feet,to a East tion, feet to a point ffor purposes of this Point which is 244.09 lent,N00°41't 2'E,of the description,the North line of said Lot 29 is assumed Northeast Corner of Lot 29 of the Repla[DI Part One 6 bear due Eintthence fSouth 1°3'00' East of Far Horizons Subdivision, as Recorded in Plat I, 676.10 feet to the point of beginning of tract herein Margaret Rios, being duly sworn, described; thence continuingSouth 1°3'0East County Recorder's Office;Thence N00'29'08"W. 441.00 feet to a point;thence South 88°55 Book 9.-at Page 33.of the Records of the Johnson 7'00' along a Line Parallel with the West Line or said say that I am the legal clerk Of West 292.0010. feet feetto a point;thence thenceNh1°3'00'North Southeast Quarter of Fractional Section 7,1'886,95 West 150.00 to a point; feet;Thence N90°00'00'E,along a Line Parallel the IOWA CI'T'Y PRESS-CI'T'IZEN, North '22' East' 178.63 61 feet to a point; thence with the North Line 01 said Southeast Quarter of North 1°3'00'West 61.00 feet to a point;thence Section 7,1863.541eet to a Point on the East Line a newspaper published in said North87' O Eat8'East 91.79.00feet a point;thence of said Southeast Quarter of Section 3p Thence N88°57'°0' East 150.00 feet to the point of S00°57'a9'E, 885.09 feet, to the Point of county, and that a notice, a be epi and containing 2.4 acres more or less,and Beginning. Said tract of land contains 80.7.1 acres, more or less, and is subject to easements and printed copy of which is hereto Commencing as a point of reference at the NE restrictions of record. attached, was published in said corner of Sec.18,Twp.79th.,Range 5 West of the • PARCEL'C' Fifth Principal Meridian, Johnson County, Iowa; i thence South 50°00'30"East 1,469.72 feet along Beginning at a 14-inch Iron Pin found at the paper time(s), on the the East line of the Northeast quarter of said Section Northwest Corner of.the Southeast Quarter. of 18 to a point of beginning of tract herein described Fractional Section 7,Township 79 North,Range 5 ' following date(s): (this is an assumed bearing for purposes of this West of the 5th. Principal Meridian; Thence description bearing for purposes of this description N90°00'00'E,(a Recorded Bearing) 771.89 feet ^ C� / only):thence South 89°57'00"West 166.00 feet to Front Oe North line of saidSoutheast Quarter of G C/� a point; rice North 0°°0'00"West 1.00 feet Fractional Section 7,to a 578-inch Iron Pint found at I to a point;thence South 89°57'00'West 159.00 the Northwest Corner of the Parcel,the Survey of feet to a point;thence South 0°00'30'East 364.09 which is Recorded in Plat Book 15,at Page 53,of feet to a point; thence North 99°57'00' East the Records of the Johnson County Recorder's 325.00 feet to a point of intersection with the East Office;Thence 500°00'20'W,326.03 feet,to the line of the Northeast quarter 7f said Section 18; Southwest Corner of said SrYetl with Parcel;Thence West thence North 0°00'30'West 176.09 feet along the S00°29'08'E,along a Line Parallel with the West n East line of the Northeast quarter of said Section 18 Line of said Southeast Quarter of Section 7, �,1Cr,�6L,r✓c ..--12to point of beginhing and containing 2.0 acres,more 3308.69 feet;Thence S89°41'12'W,244.09 feet, r _ or less,and except: to the Northwest Corner of Lot 29,of the Aetna!of Legal Clerk Part One of Far Horizons Subdivision,as Recorded in Commencing as a point of reference at the Plat Book 9,at Page 33, of the Records of the Northeast corner of Sec. 18,in Twp. 79N. R.5 Johnson County Recorder's Of lice; Thence West of the 5th Phe thence SOe NE V. east S89°42'53'W.along the North Line of said Far Subscrib d and sworn to before me Horizons Subdivision,52°.°°'net.to a SIB-inch lion 1ec.19,feet along the East line of the NE of said • Pin found at the Northwest Corner of Lot 1 of said Sec.19,to a point'this is an assumed bearing for Far Horizons Subdivision; Thence N00°45'33'W, this day of V / , A.D. purposes of this bescription only), thence South along the line of the Existing Fence 1043.06 feet, 89°sectio West 3Wes feet to a point of to a Standard Concrete Monument found at the intersection with the Westerly right-of-way line of Southwest Corner of said Southeast Quarter of• thein County Road and e of beginning of tract Section 7;Thence N00°29'06'W,2595.66 feet,to 1983. 69 5 described thence continuing South the Point of Beginning. Said tract of land contains e7( / 89°57'00'West 133.00 feet to a point, thence 64.16 acres, more or less, and is.subject to South 0°00'30'East 188.00 feet to point;thence easements and restrictions of record. 0North 89°57'00'East 133.00 feet to a point of 'r / S� ' ' intersection with the Westerly right-of-way line of SECTION II. ZONING MAP. The Building Inspector is 7�T said County Road: thence North 0°00'30'West hereby authorized and directed Pto. The B the Zoning Map of II otary D blie Part of,the NE%of Sec.18.Twp 79N,R.5 West the City of Iowa City,Iowa,to conform to this amendment t•ul [J�i of the 5th P.M.,described as follows: ,..;:1:11:,,i, -1e. S AARON upon final passage. approval and publication of this p SHARON GB� Ordinance as provided by law and notification from the city corCommencing of sa asap 18. of reference at the Nt. development board that the annexation is completed. 11464 2f said oSng. est line 5the NE'I. East. SECTION III. CONDITIONAL AGREEMENT. The Mayor • 1146.72 feet along the east line of NE'/.of said Sec. 18 to a point I[his is an assumed bearing for is hereby authorized and directed to sign,and the City Clerk purposes of this description only); thence to attest.the Conditional Zoning Agreement between the S89°57'00'West 33 feet to a point of intersection owners of the property and the City, and to.certify the with the Westerly right-of-way line of the County ordinance and Conditional Zoning Agreement for recordation Road and point of beginning of tract herein in the Johnson County Recorder's Office,following passage OFFICIAL PUBLICATION described; thence continuing South 89°57'00' and approval, and notification from the City Development West 292.00 feet to a point, thence South Board that the annexation is complete. 0°00'30'East 135 feet to a point, thence North SECTION IV. REPEALER. All ordinances and parts of ORDINANCE NQ. 93-3565 B9°57'00' East 292.00 feet to a point of ordinances in conflict with the provisions of this Ordinance intersection with the westerly right-of-way line of are hereby repealed. - CO TIONAAMENDING THE ZONING R ORDINANCEULATIOBY said County Road, thence'north 0°00'30'West SECTION V. SEVERABILITY.if any Section,provision or CONDITIONALLYAPPROXIMATE 4ACRE THE USE REGULATIONS OF 135.00 feet along the Westerly right-of-way line o1 part of the Ordinance shall be adiudged to be invalid or AN SC TTPK,SOUTH240 TRACT,LOCATED EAST ROAD,OF said County Road to point of beginning, and unconstitutional, such adjudication shall not affect the ANDPARK,OFAMERICANC LEGIONEG WEST BRANCH containing 0.90 acres,more or less,and except: validity of the Ordinance as a whole or any section,provision COU NY DESIGNATIONTH ,SUBURBAN ROAD. FROM THE or part thereof not adjudged invalid or unconstitutional. COUNTY CF RS, RESIDENTIAL, Commencing at the NE corner of Sec.18,T79 N., SECTION VI. EFFECTIVE DATE.This Ordinance shall be TO RS-5,LOW DENSITY SINGLE-FAMILY RESIDENTIAL. 115 W of the 5th P.M.,thence 50000'30'E 991.72 in effect alter its final passage,approval and'publication,as feet along the East line of said section to the point provided by law. WHEREAS, the subject property is presently located of beginning, (the previous course and distance Passed apo approved this?0th day of March, outside the . theh City corporate l ro:and being a retrace of the survey recorded in plat book 19� WHEREAS, owner of said property, Iowaaor Ridge 6,page 32,Plat Records of Johnson County,Iowa; Development sat n has andpetitionedCithe City ofdi withCsafe; thence from the said point of beginning,589°57'W /f/ �, \ voluntary annexation the City is proceeding same; 325 feet; thence SO°0'30'E. 155 feet, thence 4 a'7 and N69°57'E.325 feet to the East line o1 said Section MAYOR j WHEREAS,pursuant to Iowa Code 1368.7,annexation of 18,thence 25 30'W along said East line of the developmentn most be approved by both the City and the city Section 18,155 feet to the point of beginning.Said W EAS board;and tract containing 1.15 acres more or less. '''''yyyyy�������� • WHEREAS, pPlan to City of IowaatC tn policy of the ATTEST: Ii(p us..� "7[24.4,/ Comprehensive Plan of the Crty agreeingCity,the proposed Excepting therefrom the following described real CITY CLERIC rezoning is subject to the developer to pay ail of the estate,to-wit: costs associated with providing infrastructure for development of the subject tract;and Commencing as a point reference at the WHEREAS,Iowa taw provides that the City of Iowa City Northeast Corner of Section 1 of Township North, may impose reasonable•conditions on granting the Range 5 West of the 5th P.M Township 79 No County, Applicant's rezoning request, over and above existing Iowa;Thence South 05th P.M.,East Johnson Co.72 feet, regulations, to satisfy public needs directly caused by the requested change;and WHEREAS,the City wants to ensure appropriate allocation line ql the NE Quarter of saiQ and suitability of neighborhood open space and the along[he Easterly Section 16 to a point(this is an assumed bearing for`;i availability of a public school site;and purposes of this description onlyl;Thence South WHEREAS, the Applicant has agreed to develop this 89°57'00'West 1,230.94 feet to a Point:thence property in accordance with the terms and conditions of a E,23ast .94 f0 toet a Poi tE Corner Conditional Zoning Agreement to ensure appropriate urban South 01°03'00" e development on the eastern edge of Iowa City. of the propene recorde Recorder's in Plat uQlfOePaJohnson NOW, THEREFORE, BE IT ORDAINED BY THE CITY the Johnson County 00 feet along the Norther Y 58ef of sit d propeety too he • COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT: Point of Beginning;Thence South 28°18'28'West - County,Iowa: 91.79 feet along the Westerly line of said Property SECTION I. APPROVAL. Subject to the city development to a Point;Thence South 01°03'00"East 61.00 board approving the requested annexation of the property feet along the Westerly line of said Property to a described below into the City of Iowa City and subject toa Point;Thence South 31°50'22'West 178.63 feet Iowa Code 9414.5 and the terms and cad here of the along the Westerly line of said Property to a point; • Conditional Zoning Agreement, the d hereto and Thence South 01°16'08'East 150.07 feet along incorporated by reference herein, property is hereby the Westerly Ime of said Property to the Southwest reclassified its present classification of County RS. Corner of said Property;Thence South 37°27'10 Suburban Residential,to RS-5. Low Density Single-Family West 96.06 feet to a point: Thence South Residential: 00°01'50' East .1,134.59 feet to a point of i intersection with the Centerline of American Legion All that part of the E P.M. of Sec.18,Twp.79 N.,R. Road;Thence North 67°27'14'_West 54.15 North 1 eel 5 West of the 5th .lying north of the Muscatine along said Centerline to a point' ThcThence Road, except the North 60 acres of the:NE/of 00°01'50"West 1,452.03 feet to a point: said Sec. 18.Twp.79 N.,R.5 West of the 5th South 89°49'29' West 194.84 feet to a point. P.M..except: Thence North O1°03'00'West 500.29 feet to a point;Thence North 90000'00'East 440.01 feel to Commencing at the concrete monument marking the - a Point;Thence South Thence South 01°03'00' ° southwest corner of the SE h of Sec. 18,Twp. East 316.02 feet to the Point of Beginning.subject 79N.,R. 5 West of the 5th P.M.;thence on an to easements and restrictions of record. assumed bearing of NO°09'30'West 2408.4 feet to the centerline of the American Legion Road and the The area of this desdribed parcel is 7.04 acres more place of beginning; thence North 1886.06 feet; or less. thence East 520.0 feet:thence South 300.0 feet; , thence West 115.0 feet;thence South 300.0 feet; Parcels'B'and'C"as described a P Qep4Bed on thence East 75.0 feet;thence South 2°47'0'East the survey recorded in Book 30, ra and as more 921.87 feet;thence South 67°25'30'East 257.94 Records of Johnson County, feet;thence South 22°34'30"West 538.94 feet to particularly described as follows: the centerline of the American Legion Road;thence North 67°24'20'West 602.26 feet to the place of beginning,and containing 23.8 acres,more or less and except: 5 O. -D. ?335 .5 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City,Iowa,a Municipal Corporation 4 y (hereinafter "City") and Windsor Ridge Development Co., an Iowa Corporation (hereinafter "Owner"). WHEREAS,Owner has requested the City to annex and rezone approximately 240 acres of land located East of Scott Park, South of Lower West Branch Road and North of American Legion Road legally described below,from the County designation of RS,Suburban Residential to RS-5, Low Density Single-Family Residential;and WHEREAS,Iowa Code§414.5(1991)provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request,over and above existing regulations,in order to satisfy public needs directly caused by the requested change;and WHEREAS,pursuant to the annexation policy of the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS,the City wishes to ensure the appropriate allocation and suitability of neighborhood open space and the availability of a public school site;and WHEREAS,Owner acknowledges that certain conditions and restrictions are appropriate in order to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree as follows: 1. Windsor Ridge Development Co.is the owner and legal title holder of the property located east of Scott Park, south of Lower Branch Road, and north of American Legion Road, which property is more particularly described as follows: All that part of the E'/ of Sec. 18,Twp. 79 N., R. 5 West of the 5th P.M lying north of the Muscatine Road,except the North 60 acres of the NE V. of said Sec. 18,Twp. 79 N.,R.5 West of the 5th P.M.,except: Commencing at the concrete monument marking the southwest corner of the SE/of Sec. 18,Twp.79N.,R. 5 West of the 5th P.M.;thence on an assumed bearing of NO°09'30"West 2408.4 feet to the centerline of the American Legion Road and the place of beginning;thence North 1886.06 feet;thence East 520.0 feet;thence South 300.0 feet;thence West 115.0 feet;thence South 300.0 feet;thence East 75.0 feet;thence South 2°47'0" East 921.87 feet;thence South 67°25'30"East 257.94 feet;thence South 22°34'30"West 538.94 feet to the centerline of the American Legion Road: thence North 67°24'20"West 602.26 feet to the place of beginning, and containing 23.8 acres,more or less and except: Commencing at the NE corner of Sec. 18,T79N, R.5W of the 5th P.M.; thence SO°00'30"E,3165.25 feet along the east line of said Section to the point of beginning;thence SO°00'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N67°24'20W,808.21 feet along the centerline of American Legion Road; thence N22°35.40"E, 538.98 feet;thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29,Part 1 of Far Horizons Subdivision and Sec.18,Twp.79N.,R5 West of the 5th P.M., Johnson County,Iowa;thence North 89°57'00'East 881.71 feet to a point (for purposes of this description,the North line of said Lot 29 is assumed to bear due East); thence South 1°3'00" East 676.10 feet to the point of beginning of tract herein described;thence continuing South 1°3'00'East 441.00 feet to a point;thence South 88°57'00'West 292.00 feet to a point; thence North 1°3'00'West 150.00 feet to a point;thence North 31°50'27 East 178.63 feet to a point; thence North 1°3'00'West 61.00 feet to a point;thence North 28°18'28'East 91.79 feet to a point;thence N88°57'00' East 150.00 feet to the point of beginning and containing 2.4 acres more or less,and except: Commencing as a point of reference at the NE corner of Sec. 18,Twp. 79N.,Range 5 West of the Fifth Principal Meridian,Johnson County,Iowa; thence South 50°00'30' East 1,469.72 feet along the East line of the Northeast quarter of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only); thence South 89°57'00' West 166.00 feet to a point; thence North 0°00'30•West 188.00 feet to a point; thence South 89°57'00'West 159.00 feet to a point;thence South 0°00'30'East 364.09 feet to a point;thence North 89'57'00'East 325.00 feet to a point of intersection with the East line..)f the Northeast quarter of said Section 18;thence North 0°00'30'West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres,more or less,and except: Commencing as a point of reference at the Northeast corner of Sec. 18, in Twp.79N,R.5 West of the 5th P.M.,thence SO°00'30'east 1281.72 feet along the East line of the NE V. of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00'West 33.00 feet to a point of intersection with the Westerly right- of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00'West 133.00 feet to a point, thence South 0°00'30'East 188.00 feet to point; thence North 89°57'00' East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road;thence North 0°00'30"West Part of the NE V.of Sec. 18,Twp.79N,R.5 West of the 5th P.M.,described as follows: Commencing as a point of reference at the NE corner of said Sec. 18, thence SO°00'30'East,1146.72 feet along the east line of the NE V.of said Sec.18 to a point(this is an assumed bearing for purposes of this descrip- tion only); thence S89°57'00'West 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described;thence continuing South 89°57'00'West 292.00 feet to a point, thence South 0°00'30' East 135 feet to a point, thence North 89°57'00'East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road,thence north 0°00'30'West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning,and containing 0.90 acres,more or less,and except: Commencing at the NE corner of Sec. 18,T79 N.,R5 W of the 5th P.M., thence SO'00'30'E 991.72 feet along the East line of said section to the point of beginning,(the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County,Iowa;thence from the said point of beginning,S89'57'W 325 feet; thence SO°0'30'E. 155 feet,thence N89°57'E. 325 feet to the East line of said Section 18,thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning.Said tract containing 1.15 acres more or less. Excepting therefrom the following described real estate,to-wit: D O' ! — !,565 Commencing as a point of reference at the Northeast Corner of Section 18,Township 79 North, Range 5 West of the 5th P.M.,Johnson County, Iowa;Thence South 00°00'30"East 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point(this is an assumed bearing for purposes of this description only); Thence South 89°57'00' West 1,230.94 feet to a Point;Thence South 01°03'00"East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00"West 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28"West 91.79 feet along the Westerly line of said Property to a Point; Thence South 01°03'00' East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31°50'22'West 178.63 feet along the Westerly line of said Property to a point;Thence South 01°18'08'East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property;Thence South 37°27'10 West 96.06 feet to a point;Thence South 00°01'50"East 1,134.59 feet to a point of intersection with the Centerline of American Legion Road; Thence North 67°27'14"West 54.15 feet along said Centerline to a point; Thence North 00°01'50" West 1,452.03 feet to a point; Thence South 8749'29'West 194.84 feet to a point;Thence North 01°03'00"West 500.29 feet to a point;Thence North 90°00'00"East 440.01 feet to a Point;Thence South Thence South 01°03'00"East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels'B"and"C"as described and depicted on the survey recorded in Book 30,Page 48,Plat'Records of Johnson County, Iowa, and as more particularly described as follows: PARCEL"B" Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description,the North Line of said Southeast Quarter of Section 7 is assumed to bear N90°00'00'E,in accordance with Existing Surveys of Record;Thence S00°17'58"E,along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian,991.72 feet, a Recorded Dimension, to the Line of the Existing Fence; Thence S8741'12"W,along the Line of the Existing Fence,1867.64 feet,to a Point which is 244.09 feet,N8741'17E,of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision,as Recorded in Plat Book 9,at Page 33, of the Records of the Johnson County Recorder's Office; Thence N0029'08"W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet; Thence N90°00'00"E, along a Line Parallel with the North Line of said Southeast Quarter of Section 7, 1863.54 feet, to a Point on the East Line of said Southeast Quarter of Section 7;Thence S00'57'49"E,885.09 feet,to the Point of Beginning. Said tract of land contains 80.71 acres,more or less, and is subject to easements and restrictions of record. PARCEL"C" Beginning at a 1/2-inch Iron Pin found at the Northwest Corner of the Southeast Quarter,of Fractional Section 7,Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7,to a 5/8-inch Iron Pin found at the Northwest Corner of the Parcel,the Survey of which is Recorded in Plat Book 15,at Page 53, of the Records of the Johnson County Recorder's Office; Thence S0O°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel;Thence S00°29'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7,3308.69 feet; Thence S89°41'12'W, 244.09 feet,to the Northwest Corner of Lot 29,of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9,at Page 33,of the Records of the Johnson County Recorder's Office;Thence S8742'53" W,along the North Line of said Far Horizons Subdivision,520.00 feet,to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision;Thence N00°45'33"W,along the Line of the Existing Fence 1043.05 feet. to a Standard Concrete Monument found at the Southwest Corner of said Southeast Quarter of Section 7; Thence N00°29'08"W,2595.66 feet,to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that,pursuant to the annexation policy contained in the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space and the availability of a public school site,and therefore,agree to certain conditions over and above City regulations in order to lessen the impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from County RS,the Owner athe subject prerty will of the RS-5eLowpDensity Single-FamilY Residentia Zone,oaswell asrm to e requirements the following additional conditions: a. Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. b. Owner shall dedicate 6.9 acres of open space to the City. The open space will consist of a centrally-located tour acre neighborhood park with the remaining 2.9 acres developed as greenway trails linking the above-described tract of land to Scott Park. The location of the park and greenway trails will be negotiated with the City of Iowa City. c. Owner shall convey a minimum of 13 acres to the Iowa City Community School District for use as a public school site,the location of which shall be negotiated with the City arid the School District. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code§414.5(1991),and that said conditions satisfy public needs which are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 93 -3565 'ft" 7. The Parties that this Agreement shall be deemed to be a covenant running with the land and with title to the land,and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. The Owner acknowledges that nothing in this shall be construed to relieve the applicant from complying with all applicable local,state and federal regulations, 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property;and that upon adoption ano publication of the Ordinance,this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 1 day of ; r" b . , t993. WINDSOR RIDGE DEVELOPMENT CO. C OF IOWA CITY i By J0-74.4(/ 2 c4 Lowell Swartz,President Darrel G.Courtney,May• By [ / r" Attest: / �- 9( ' t-,.J Gary Watts,S for Vice President M K Karr,City Clerk 09517 April7,1993 Ord . -B/L-- ORDINANCE NO. 93-4566 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE . 14.25 ACRE TRACT OF LAND LOCATED WEST OF U.S. HIGHWAY 218 AND NORTH OF ROHRET ROAD FROM ID- ' RS,INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL, TO P, PUBLIC. WHEREAS, the applicant has requested that the City rezone an approximate 14.25 acre tract of land located west of U.S. Highway 218 and north of Rohret Road from ID-RS, Interim Development Single-Family Residential, to P, Public; and WHEREAS, the applicant intends to convey the property to the Iowa City Community School District to be used for a public elementary school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of ID-RS, Interim Development Single-Family Residential, to P, Public, subject to conveyance of the property to the Iowa City Community School District: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, thence N00°53'42"E, along the west line of the Southwest Quarter 374.89 feet to a point on the centerline of Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910.00 foot radius curve,concave southeasterly, whose 152.36 foot chord bears N74°45'07"E; thence N77°02'16"E, 221.44 feet along said centerline to the point of beginning; thence N12°57'44"W, 135.39 feet; thence NO2°17'44"W, 160.43 feet; thence N00°53'42"E, 749.06 feet along a line parallel with the west line of the Southwest Quarter; thence S89°31'00"E, 675.85 feet; thence S01°23'49"W, 412.19 feet; thence S24°08'31"W,147.59 feet;thence Si3°13'45"W, 109.01 feet; thence S01°42'03"E, 109.10 feet; thence SS12°37'44"E, 141.32 feet to a point on the centerline of Rohret Road; thence S77°02'16"W, 806.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law and conveyance of the above- described property to the Iowa City Community School District. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. • l Ordinance No. 93-3566 Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. P,rd ed an / ed�: 30th day of March,1993. ' MAYOR ATTEST: ter ) 7 dJ' 4A CCC LERK Approved by City Attorney's Offic F/` s3 ppdedmiMrohret.ord It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney Horowitz x Kubby x Larson x McDonald X Novick First Consideration 3/2/93 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 3/16/93 Vote for passage: AYES: Courtney, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: Ambrisco, Horowitz. Date published 4/7/93 • l iZ/(rSr • nrr 910 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3566 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of March , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of April 19 93 . • Dated at Iowa City, Iowa, this 18th day of May , 19 93 . i�GI�LIIQ/� K we Susan Walsh Deputy City Clerk %wdeh.ert CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-18264 FAX(319) 356-5009 its 9 oRD- 93-3564 OFFICIAL PUBLICATION • ORDINANCE NO. g3_Uri,V AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 7 �] / 14.25 ACRE TRACT OF LAND LOCATED WEST OF U.S. Printer's fee $ ' - / / HIGHWAY 218 AND NORTH OF ROHRET ROAD FROM ID. RS,INTERIM DEVELOPMENT SINGLE•FAMILY RESIDENTIAL, TO P.PUBLIC. CERTIFICATE OF PUBLICATION WHEREAS, the applicant has requested that the City re:one an approximate 14.25 acre tract of land located west f STATE OF IOWA Johnson County, ss: of U.S.Highway 218 and north of Rohret Road from ID RS. Interim Development Single•Family Residential.to P.Public: THE IOWA CITY PRESS-CITIZEN and WHEREAS.the applicant intends to Convey the property to FED. ID# 42-0330670 the Iowa City Community School District to be used for a public elementary school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT. I, SJ;CTION I APPROVAL. The property described below Margaret Rios, being duly sworn, s hereby reclassified from its present classification of ID-RS. -interim Development Single•Family Residential,to P.Public, say that I am the legal clerk of sublet to conveyance of the property to the Iowa City Community School District: the IOWA CITY PRESS-CITIZEN, Commencing at the Southwest Corner of Section 18,Township 79 North.Range 6 West of the Fifth a newspaper published in said wescbeal Mennen,thence N0uarter 74.along the west line of the Southwest Quarter 374.89 feet to acounty, and that a notice, a Northpoineasterly the 3rfee of Rohret Road: thence Nortfleasteriy 152.43 feet.along said centerliM on a 1910,00 foot radius curve,concave southeasterly. printed copy of which is hereto whom 152.38 loot chord bears N74°45'07'E; thence N77°02'16'E, 221.44 feet along said attached, was published in said centerline to the point of beginning; thence NI2°57'44•W,135.39 feet;thence NC2°I7'44•W. paper / time(s), on the 160.43 leets thence N00°53'42'E, 749.08 feet along a line parallel with the west line of the following date(s): Southwest Quarter;thence 589°31'00"E 675.85 teet; thence SC/1°23'49'W12.t9 feet; thence S147 109.0 feel, $01542'03'. t0 .10feet: �j 109.Ot feet, thence 501°a2'03'E. 109.10 feet: 7e �/ thence 5512°37'44"E. 141.32 feet to a point on the centerline of Rohret Road: thence S77°02'16'W,806.75 feet along said centerline to the point of beginning. Said tract of land contains .14.25 acres. more or less, and is sublect to easements and restrictions of record. / `SECTION II ZONING MAP. The Budding Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City.Iowa,to conform to tNs amendment Legal Clerk upon final passage. approval. and publication of this Ordinance as provided be law and conveyance of the above- described property to the Iowa City Community School District Subscribed and sworn to before meSECTION III, CERTIFICATION AND RECORDING. The City Clerk in hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Of lice of the this day of /14///jjj ,��s��n A.D. County Recorder of Johnson County. iowa, upon final '^� ate/ passage and publication as provided by law. ,y//1 / SECTION IV. REPEALER. All ordinances and parts of 1ga. ordinances in COnfiict with the provisions of this Ordinance are hereby repealed. / , , /I SECTION V SEVERABILITY. If any section,provision or part of the Ordinance snail be adjudged to be invalid or unconstitutional. such adjudication shall not affect the A. ``�-- A -_— validity of the Ordinance as a whole or any section,provision or part thereat not adjudged invalid or unconstitutional. �211` P hliC SECTIQN VI.EFFECTIVE DATE.This Ordnance shall be [41 _ `HAROisi M�pe.^A in effect after its final passage,appro..al and publication as IJiY J 1 U¢, reauried by law Pass�ea and app. . this 3et h day of March.1993. ten .. .. ..T !/) ' . aRf AYOR u. ) .„�/ /J l ATTEST: ,A ... . ,e,.... CITY LERK 09514 April 7,1993 4- OrJPj rG ORDINANCE NO. 93-3567 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA,ENTITLED "ZONING" BY ADOPTING SECTION 36-10.5, NEIGHBORHOOD CONSERVATION RESIDENTIAL ZONE (RNC-12). WHEREAS, the Planning and Zoning Commission has identified the need to establish a zoning district to help conserve the existing character of older neighborhoods developed with single-family dwellings and duplexes; and - WHEREAS, the Neighborhood Conservation Residential Zone (RNC-12) has been drafted to meet this need. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 36, Article II entitled "Principal Uses and Requirements," Division 1 entitled "Zones" of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting the following new section: Sec. 36-10.5. Neighborhood Conservation Residential Zone (RNC-12). (a) Intent. It is the purpose of this zone to preserve the character of existing neighborhoods and these regulations are designed to prevent existing multi-family ' uses within the neighborhood from becoming non- conforming. Conversions and redevelopment may occur up to the density provided in this zone. (b) Permitted uses. (1) Detached single-family dwellings. (2) Duplexes. (c) Provisional uses. (1) Accessory apartments, subject to the requirements of Sec. 36-55. (2) A maximum of two (2) roomers in single family dwellings and one (1) roomer in each dwelling unit in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of one-half (h) space per roomer. Multi-family dwellings shall be permitted two (2) roomers per dwelling unit. (3) Family care facilities provided they shall not be located within one-quarter (y.) mile of each other. (4) Multi-family dwellings subject to the provisions of Sec. 36-10.5(g). • (5) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 36-55. (d) Soecial exceptions. (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Neighborhood centers subject to the requirements of Sec. 36-55. (3) Public utilities. (4) Religious institutions subject to the requirements of Sec. 36-55. (5) Schools - generalized private instruction. /v • Ordinance No. 93-3567 Page 2 (e) Dimensional requirements. (1) Minimum lot area: 5,000 sq. ft. (2) Minimum lot area per unit: 3,000 sq. ft. (3) Minimum lot width: 45 ft. (4) Minimum lot frontage: 25 ft. on a public street or an officially approved place. (5) Minimum yards: Front - 20 ft. Side - 5 ft. for the first 2 stories plus 2 ft. for each additional story; for zero lot line dwellings, one at 0 ft. and the other(s) at 10 ft.;or for townhouses, 0 ft. or 10 ft. Rear - 20 ft. (6) Maximum building bulk: Height - 35 ft. Building coverage - 40% Floor area ratio - none (7) Minimum building width: 20 ft. for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. • (f) General provisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. c. Off-street parking requirements. See Sec. 36-58. • d. Off-street loading requirements. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Non-conformities. See Division 4. (g) Special provisions. (1) All uses or buildings which were conforming to the • requirements of Section 36-11, Low Density Multi- Family Residential Zone (RM-12) prior to January 1, 1993,shall be construed to be conforming under the terms of this ordinance. Any building containing a conforming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone, whichever is greater, and is in conformance with all other provisions of this ordinance. Ordinance No. 93-3567 Page 3 (2) Any conforming building containing a conforming use which has been destroyed or damaged by fire, explosion, act of God or a public enemy may be rebuilt to its present state. • SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. _ _ . SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as - provided by law. Passed and approved this 3oth day of March,1993. / i /A MAYOR 00 • ATTEST: An,.w�%e • 7e.,n/ CITY CLERK Approved by SCT�- City Attorney's Office oR/,9hs ppdadmnlrnc-11.ud • /0 It was moved by Horowitz and seconded by Larson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby _X__ Larson x McDonald x Novick First Consideration 3/2/93 Vote for passage: AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson. NAYS: None. ABSENT: None. Second Consideration 3/16/93 Vote for passage: AYES: Courtney, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: Ambrisco, Horowitz. Date published 4/7/93 ft • r • te'�e.,`,rr s •FF'' szi. oratri CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3567 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of March , 19 93,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of Apri 1 19 93 Dated at Iowa City, Iowa, this 18th day of May , 19 93 20.4(144_ • 100-0 Susan Walsh Deputy City Clerk • \wslsh.ert • • CIVIC CENTER • 410 E. WASHINGTON ST. ` PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 I� fk • /0 OFFICIAL PUBLICA1ION • ORDINANCE NO. 93-3567 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE Cl ORDINANCES OF THE CITY OF IOWA CITY.IOWA,ENTITLFU 'ZONING' BY ADOPTING SECTION 36.10 5 3 C' /. • NEIGHBORHOOD CONSERVATION RESIDENTIAL ZONE Printer's fee $ K- IRNC-121. WHEREAS, the Planning and Zoning Commission has CERTIFICATE OF PUBLICATION identified the need to establish a zoning distract to hely conserve the existing character of older neighborhoods STATE OF IOWA, County, ss:Johnson developed with single•famity dwellings and duplexes:and WHEREAS. the Neighborhood Conservation Resident. THE IOWA CITY PRESS-CITIZEN Zone IRNC 12)has been dialled to meet this need NOW. THEREFORE. BE IT ORDAINED BY THE CIT" FED. ID# 42-0330670 COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT: SECTION I, AMENDMENT. Chapter 36.Article II entitled 'Principal Uses and Requirements,' Division 1 entitled 'Zones'of the Code of Ordinances of the City of Iowa City. , Iowa.be and the sante,s hereby amended by adopting the following new set.twn. Margaret Rios, being duly sworn, Sac. 36-10.5. Neighborhood Conservation Residential say that I am the legal clerk of Zona(RNC-121. (a) In n It is the ourpuse of this zone to preserve um the IOWA CITY PRESS-CITIZEN, character m existing neighborhoods eoods and these regulations are designed to prevent existing mule-famny a newspaper published in said uses withinngthe neighborhoodsare from becoming nom conforming. Conversions and redevelopment may occur Pp a the density provided in[raiz zone. county, and that a notice, a 1m Permitted user rfamdy dwellings. printed copy of which is hereto 111 Detaches singl 121 Duplexes. Icl ProviSional uses. 7 attached was published in said Ill Access°,/apartments.subject to the requirements of Sec.3655. paper time(s), on the 121 roomer maximum 01 two ( roomers on m single family dwellings and one(11 roomeer ieach dwelling unit following date(s): in duplexes, provided that additional off-street parking spaces shall be furnished at the ratio of ane-hall (61 space per roomer. Multi-family dwellings shall be permitted two 12)roomers per 'j dwelling and. 131 Family care facilities provided they shall not be located within one-quarter I?,)mile of each other. 141 Mulh•fernily dwellings subject to the provisions of Sec.36-10.51g). 151 Zero lot line dwellings and townhouses provided 1 / s they shall be developed in accordance with Sec. 3655. r'C t 1/ Idl Special exceotioni. Legal Clerk 11) Child care facilities subject to Inc requirements of Sec.36-55 12) Neighborhood centers subject to the requirements of Sec.38-55. 131Public utilities. Subscribed and sworn to before me 141 Religious institutions sublect to the requirements of Sec.38-55. this y day of , A.D. 151 Schools-generalized private instruction. lel Dimensional reouuements. 3 111 Minimum lot area: 5.000 sq.It. 19 121 Minimum lot area per unit: 3.000 sq.It. �7 131 Minimum tot width: 45 ft. 141 Minimum lot frontage: 25 It. on a public street or an officially `� L �� • approved place. --- 151 Minimum yards: Front• 20 ft. t Aa • r •lie Side• 5 It. for the first 2 SHARON STUBBS stories plus 2 ft. for •`' each additional story: for zero lot tine dwellings,one at 0 It. and the uther(sl at 10 ft.;or for townhouses, 0 ft.or 10 It. Rear. 20 ft. 16) Maximum building bulk: Height. 35 It. Building coverage. 40% Floor area ratio• none 171 Minimum building width: 20 It.for at least 75% of the building's length. This provision shall not apply to zero lot line dwellings. (1) General orovisions. All principal and accessory uses permitted within this zone are subject to the requirements of Articles III and IV, the divisions and sections of which ate indicated as follows: It) Accessory uses and requirements. See Article 111. a Permitted accessory uses and buildings. See Sec.36-56. b. Accessory use and building regulations. See Sec.3657 c. Off-street parking requirements. See Sec. 36.58. d. Off-street loading requi•ements.Not applicable. e. Sign regulations. See Sec.36.60. I. Fence regulations. See Sec.36-64. 121 General provisions. See Article IV. a. Dimensional requirements. See Division I b. Tree regulations. See Division 2. c. Performance standards. See Division 3. d. Non-conformities. See Division 4. (g) Special provisions. III All uses or buildings which were conforming to the requirements of Section 36-11,Low Density Multi- family Residential Zone IRM-121 prior to January 1. 1993.shall be construed to be conforming under the terms of this ordinance. Any building containing a conforming use may be torn down and rebuilt provided it does not exceed its present density or the density of this zone.whichever is greater,and is in conformance with all other provisions Of this ordinance. 121 Any conforming building containing a conforming use which has been destroyed or damaged by fire. explosion, act of God or a public enemy may be rebuilt to its present state. e SECTION n, 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 pan 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 30th day of March,1993. MAYOR ��-77,� ATTEST: /// a ) CITY CLE K 09513 April 7,1993 /7) Ori.. �L ORDINANCE NO. 91-1s68 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF PROPERTY • LOCATED IN THE GENERAL VICINITY OF JOHNSON STREET ON THE WEST, CLAPP STREET ON THE EAST, MARKET STREET ON THE NORTH,AND JEFFERSON STREET ON THE SOUTH, FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL TO RNC-12, NEIGHBORHOOD CONSERVATION RESIDENTIAL. WHEREAS, the subject property is located in the general vicinity of Johnson Street on the West, Clapp Street on the East, Market Street on the North and Jefferson Street on the South; and WHEREAS, the general character of the area is that of a neighborhood developed with single-family homes and duplexes with a minority percentage of multi-family dwellings; and WHEREAS, the Planning and Zoning Commission recommended that the existing character of the area be conserved; and WHEREAS, the RNC-12 zone is intended to conserve the character of existing neighborhoods; and WHEREAS, the density of dwelling units allowed in the RNC-12 zone is consistent with the density proposed for this general area in the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of RM-12, Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential: Original Town Block 5;Original Town Block 6, Lots 5- 8; Original Town Block 16, Lot 5; Original Town Block 17, Lots 4-8; Original Town Block 18; Original Town Block 26, Lots 5-8; and the south 85 feet of Original Town Block 26, Lot 4; Original Town Outlot 5; the • portion of Original Town Outlot 4 located north of Ralston Creek and the south 160 feet of Original Town Outlot 6; J.W. Clarks Addition, Blocks 1, 2, 3, and the portion of Block 4 located north of Ralston Creek; S.M. Clarks Addition, the portion of Outlot 1 located north of Ralston Creek; Raphael Place, Lots 1 and 2; and commencing at the Southwest Corner of Lot 1, Raphael Place Addition, thence East 160 feet to Southwest Corner of Lot 2, Raphael Place Addition, thence South 463 feet to the northerly line of Jeff erson Street,thence Northwesterly along the northerly line of Jefferson Street to its intersection with the east line of Clapp Street, thence North alongthe East line of Clapp Street 413 feet to the Southwest Corner of Lot 1, Raphael Place Addition, the Point of Beginning. Shown on Exhibit A attached. Ordinance No. 93-3568 Page 2 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 30th day of Narch;1993. 4 ./L,,tes LA. MAYOR ATTEST: -/ t/t2CITY CLE Approved by 044L-2 4- City ttorney's Office /93 ppd>dmnaa:taaz.ad / ! It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney x Horowitz x Kubby x Larson x McDonald x • Novick First Consideration 3/2/93 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald. NAYS: None. ABSENT: None. Second Consideration 3/16/93 Vote for passage: AYES: Kubby, Larson, McDonald, Novick, Courtney. NAYS: None. ABSENT: Ambrisco, Horowitz. Date published 4/7/93 • • 'I • �. se SII 114Xu'!t r. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3568 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of March , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of Apri 1 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 . Susan Walsh Deputy City Clerk 1wslsh.ert • • CIVIC CENTER • 410 E. WASHINGTON ST. ��` PHONE (319) 356-5000 IOWA CITY IOWA 53300-1816 FAX(319) 356-5009 • // RD y3 -35(c OFFICIAL PUBLICATION ORDINANCE NO.93-3568 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF PROPERTY LOCATED IN THE GENERAL VICINITY OF JOHNSON STREET ON THE WEST, CLAPP STREET ON THE EAST.MARKET STREET ON THE NORTH.AND JEFFERSON STREET ON THE SOUTH, FROM RM-12. LOW DENSITY MULTI-FAMILY RESIDENTIAL TO RNC-12, NEIGHBORHOOD �. 3 9 CONSERVATION RESIDENT AL. Printer's fee $ / WHEREAS.the subject property is located in the general vicinity of Johnson Street on the West,Clapp Street on the CERTIFICATE OF PUBLICATION East.Market Street on the North and Jefferson Street on the South,and STATE OF IOWA, Johnson County, ss: WHEREAS, the general character of the area is that of a neighborhood developed with single-family homes and THE IOWA CITY PRESS-CITIZEN duplexes with a minority percentage of multifamily dwellings;and FED. ID # 42-0330670 WHEREAS, the Planning and Zoning Commission areahe recommended that the existing character of theearea be conserved:and WHEREAS,the RNC.12 zone is intended to conserve the character of existing neighborhoods;and WHEREAS, the density of dwelling units allowed in the Margaret Rios, being duly sworn, RNC-12 zone is consistent with the density proposed for this saygeneralarea the Comprehensive Plan. that I am the legal clerk of NOW, THEREFORE,, BE IT ORDAINED BY THE CITY the IOWA CITY PRESS-CITIZEN, COUNCILTHE CITY OF IOWACITY.IOWA THAT: SECTION I. 1. APPROVAL. The property described below is hereby reclassified from its present classification of RM-12, a newspaper published in said Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential: county, and that a notice, a Original Town Block 5;Original Town Block 6.Lots 5 6;Original Town Block 16.Lot 5;Original Town Block printed copy of which is hereto 17.Lots 4-8;Original Town Block 18;Original Town Block26.Lots 5-8;and the south 85 feet of Original attached, was published in said Town Sleek 26. Lot 4; Original Town Outlot 5: the portion of Original Town Oudot 4 located north of paper / time(s), on the Ralston Creek and the south 160 feet of Original Town Outlot 6;J.W.Clarks Addition.Blocks 1.2.3.and the following date(s): portion of Block 4 located north of Ralston Creek;S.M. Clarks Addition,the portion of Outlot 1 located north of r1 Ralston Creek; Raphael Place, Lots 1 and 2; and _ 27 / $`.' 3 commencing at the Sce Eastt Corner of Lot 1,Raphael 'r��/�`�{--(l l r 7 Place Addition, thence 160 feet to Southwest Corner of Lot 2,Raphael Place Addition,thence South 463 feet to the northerly line of Jefferson Street.thence Northwesterly along the northerly line Of Jefferson Street to its intersection with the east line of Clapp Street. thence North along the East line of Clapp Street 413 feet to the Southwest Corner of Lot 1, Raphael Place Lido-":2 Addition.the Point 01 Beginning. Shown on Extvb.t A attached. Legal Clerk SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City.Iowa.to conform to this amendment upon final passage. approval. and publication of this Ordinance as Subscribed and sworn to before me provided by law. SECTION III. CERTIFICATION AND RECORDING. The C,ry� 1 Clerk is hereby authorized and directed to certify a copy of this `. day of A.D. this Ordinance which shall be recorded at the Office of the County Recorder of Jonnson County, Iowa, upon final passage and publication as provided by law. 19(/ SECTION IV. REPEALER, All ordinances and parts of y_�! ordinances in conllict with the provisions o1 this Ordinance / are hereby repealed. ,SECTION VI. SEVERABILITY. II any section.provision or part of the Ordinance shall be adjudged to be invalid or &Aunconstitutional, such adjudication shall not affect the -- (--A--'"01--Pjt- / validity of the Ordinance as a whole or any section,provision T •• or part thereof not adjudged invalid or unconstitutional. -y blie SECTION VI. EFFECTIVE DATE. This Ordinance shall be.n SHARON STU8BS effect after its final passage. approval and publication, as provided by law. ddTT���JL Passed and approved this 30th day of March,199 t. MAYOR }'�., • ATTEST. ///fts,. ya) ] � CITY CLARK 09515 April 7,1993 -- - - - 1/ ORDINANCE NO. 93-3569 AN ORDINANCE AMENDING CHAPTER 23, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO REVISE AND CLARIFY THE DEFINITION OF COMMERCIAL VEHICLE. WHEREAS, the City Council of Iowa City finds that the current definition of "commercial vehicle" provided in Chapter 23 of the Code of Ordinances of the City of Iowa . City, Iowa, is not sufficiently clear and concise to provide both for even-handed enforcement of said provision as well as notice to drivers of motor vehicles; and WHEREAS, it is in the public interest that commercial loading zone parking within the Downtown Commercial District be enforced to provide short-term parking for commercial vehicles needing access for loading and unloading. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 23, "Motor Vehicles and Traffic" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing the unnumbered paragraph "commercial vehicle"'in Section 23-1, and enacting in lieu thereof a new unnumbered paragraph to read as follows: "Commercial vehicle." A vehicle designated, maintained or used primarily for the commercial transportation of property. The vehicle shall display signs of at least seventy-two (72) square inches on both the left and right sides of the vehicle. The signs shall identify the name of the commercial entity in letters at least two (2) inches in height, and clearly legible from a distance of ten (10) feet. Vehicles so marked may park in zones identified for commercial loading and unloading, for the purpose of loading or unloading commercial goods and property, or for providing required services to commercial enterprises. SECTION II. EFFECTIVE DATE. This Ordinance shall be effective after its passage, approval and publication as required and provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, the remaining portions shall be deemed severable and shall not be affected. Passe. ;.. t.roved j is 30th day of March, , 1993. MA 4ir OR V ]/J ATTEST: 7iL -1c) 4-.) Rift/ CI LERK Approved by: l s_a ai r i Attorney's OW - finpkp\chep23.nrd 3-/a-a-/ -3 / Z • It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney x Horowitz x Kubby x Larson x McDonald x Novick - - — First Consideration 3/2/93 Vote for passage: AYES: Kubby , Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration 3/16/93 Vote for passage: AYES: Kubby, Larson, McDonald, Novick, Courtney. NAYS: None. ABSENT: Ambrisco, Horowitz. Date published 4/7/93 • • • IZ r CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3569 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of March , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of April 19 93 . Dated at Iowa City, Iowa, this 18th day of May , 19 93 . ALA K CWA Susan Walsh Deputy City Clerk \wdch.crt • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 egg FAX(319) 356-5009 • /at oRO• 93-35(. 9, Printer's fee $ // --7--5--- CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZENOFFICIALPUBUCATIO- FED. ID # 42-0330670 ORDINANCE NO.St-{569 AN ORDINANCE AMENDING CHAPTER 23. ENTITLED 'MOTOR VEHICLES AND TRAFFIC' OF THE CODE OF I ORDINANCES OF THE CITY OF IOWA CITY. IOWA. TO REVISE AND CLARIFY THE DEFINITION OF COMMERCIAL Margaret Rios, being duly sworn, VEHICLEERFAS,the Gly Council of Iowa City finds that say that I am the legal clerk of Ch current thS.t 'commercialvCOulo of Che' ptof loowa Chapter 23 of the Code iolt Ordinances of the City o the IOWA CITY PRESS CITIZEN, C,ty,feria. riot ed enforcement clear end concise to provide both for evenhanded of said Dronsion as well a newspaper published in said at noliCe evenhanded drivers r'nehthees;and interest that WHEREAS. it is commencial loading tone parking within the Downtown county, and that a notice, a Commercial District be enforced to provide short-term parking printed copy of which is hereto commercial District be needing access forloading and unloading com attached, was published in said NOW,THECIT THEREFORE.BEWA ORDAINED IOWA, TME I Y I COUNCR OF CITY OF IIT R V INes a°d ETCIT paper i time(s), on the TI That Chapter 23. of the Code of Ordma ter 2 ng th for VeIowa hicles t paragraph following date(s): hereby amended by in 'commercial vehicle'in Sect1On 2 ' .tor and asfollows:ows'eu thereof a new unnumbered paragraph // "^ r^ Q • 'Commercial vehicle.' Afovehicle designated. !v` A x 7� / / �� maintained or used primarily / transportation of property. The vehicle shall display signs Of both the d right sidesvof the vehicle.Square. Thesig sinches l hall identity the name f n inee Of the commercial entity in letters at least two 121 inches in height,and clearly legible from a distance at en identified1101eet. Vehicles so marked may park in //li'� /.� commercial for nloading and unlods for the purpose or foroprovdloading ng l k / or unloading commer�t al goods and property.or I gegmatd seances to�Ommerual enterprises.Ordinance Legal Clerk esF TIVE DATE. This Ordinance shall be SE= effective after its passage, approval and publication as required and provided by law. oFfTIO_ h III.AEREAL . All ordinances and parts of Subsenb d and sworn to before me ordinances conflict with the provisions ordinances Ordinance are hereby repealed. or this GFVFRABILITY. It any section.provision 1 y / day of , A.D. part of this Ordinance shall be adjudged to be invalid or Oncdnstitutional, the remaining portions shall be deemed severable and shall not be affected. 19`�3. Pa . aid at owed this 30th day of nssLI, ,„ , ,-1993, / /MAYOR ATTEST' � � • r ' I lie CITY ERK SHARON STUBBS o9sla April 7,1993 /43— b r d- 11/1.- ORDINANCE 1/LORDINANCE NO. 93-3570 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 30 ACRES OF LAND GENERALLY LOCATED WEST OF SYCAMORE STREET AND IMMEDIATELY NORTH OF THE CORPORATE LIMITS FROM ID-RS, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL,TO RS-8,MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, the applicant Iowa Realty Company, has requested that the City rezone approximately 30 acres of land generally located west of Sycamore Street and immediately north of the corporate limits,from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential; and WHEREAS, with the completion of the Sycamore Trunk Sewer, development of the subject tract is considered to be in-sequence development; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicants rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant has agreed to develop this area in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference; and WHEREAS, the applicant acknowledges that the terms and conditions contained in the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code §414.5 (1991) and satisfy public needs directly caused by the requested zoning change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional Zoning Agreement, as authorized by §414.5, Code of Iowa (1991), the property described below is hereby reclassified from its present classification of ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential. The south 30 acres of the following-described property: The east half of the southwest quarter and the east 5 acres of the west half of the southwest quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. (3 Ordinance No. 93-3570 Page 2 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 27th day of Apri1,1993. ,/a. / L•�'//.,�fi/L�l//moi • MAYOR / ATTEST9111.1 l lat./ CITY'CLERK Appro 'd by � .r City Attorney's •••ice ppdadmn\bwseY.arC 3/2 /915 13 • It was moved by Ambrisco and seconded by unrn.,i r7 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x McDonald x Novick - - First Consideration 3/30/93 Vote for passage: AYES: Horowitz, Kubby, Larson, McDonald, Novick, Courtney. NAYS: None. ABSENT: Ambrisco. Second Consideration 4/13/93 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Date published 5/5/93 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT Is made by and between Iowa Realty Company (hereinafter "Owner"),and the City of Iowa City, a Municipal Corporation (hereinafter "City"). WHEREAS, Owner has requested the City to rezone approximately 30 acres of land located west of Sycamore Street and immediately north of the corporate limits from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential; and WHEREAS, under recent amendment to the Comprehensive Plan, the subject property Is in an area now recommended for development; and WHEREAS, Iowa Code f 414.5 (1991) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree ea follows: 1 . Iowa Realty Company is the owner and legal title holder of an approximately 30 acre tract of land located west of Sycamore Street and immediately north of the corporate limits, more particularly described as follows: The south 30 acres of the following-described property: the east half of the southwest quarter and the east 5 acres of the west half of the southwest quarter of Section 23,Township 79 North. Range 6 West of the 5th P.M. 2. In consideration of the City's rezoning of the subject property from ID-RS, Interim Development Single-Family Residential, to RS-8, Medium Density Single-Family Residential, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-8 zone, as well as the following additional conditions: A. Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements ere equipped with a sump pump and adequate foundation tile which discharge into said drainage system. Proper Installation of the sump pump and foundation tile shall be the sole responsibility of the developer and/or contractor, and the City shall not be responsible for inspecting installation of the sump pumps,and foundation tile. Discharge of roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions concerning basements on lots abutted by a subsurface drainage system, the property owner's registered engineer shall certify the following: 1) There is no discharge of roof drains and downspouts of dwellings Into the property's subsurface drainage system; and 13 2 2) Foundation tile and sump pump have been properly installed and connected to said subsurface drainage system. 3. Developer agrees to provide $7,500 to be used for parkland/open space acquisition In the Whetherby Park Neighborhood, as defined in the proposed Neighborhood Open Space Plan. C. Developer agrees to dedicate right-of-way sufficient to accommodate the upgrade of Sycamore Street to arterial street standards. 3. The Owner acknowledges that the conditions contained herein are reasonable conditions to Impose on the land pursuant to Iowa Code !i 414.5 (1991) and that said conditions ere appropriate to satisfy public needs directly caused by the requested zoning change. 4. The Owner acknowledges that In the event the subject property is transferred, sold, redeveloped, or subdivided, ell redevelopment will conform with the terms of this Agreement. 5. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all Successors, representatives and assigns of the Parties. 6. The Owner acknowledges that nothing in this Agreement shell be construed to relieve the Owner from complying with all applicable local, state end federal regulations. 7. The Parties agree that this Conditional Zoning Agreement shall be Incorporated by reference Into the Ordinance rezoning the subject property; and that upon adoption end publication of the Ordinance, this Agreement shall be recorded with the Ordinance In the Johnson County Recorder's Office. • 94 Dated this 2'7 day of ;j , 1993. CITY OF IOWA CITY, IOWA IOWA REALTY COMPANY /141 By: -4n1itsid S_ArS By: Darrel G. Courtney, Ma // Attest: iu�� 7e.rr/ Marlon K. Karr, City Clerk /3 STATE OF IOWA SS: JOHNSON COUNTY ) On this ?.'7 41. day of kir; 1 • 1993, before me, So.arate r'oA— , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. 93-SSW> passed by the City Council on the Z? day of cents; , 19 , and that Darrel G. Courtney and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act end deed of the corporation, by it voluntarily executed. Srsncer„o Notary Public in and for the State of Iowa FOR THE LEGAL EFFECT OF THE USE OF THIS FORM.CONSULT YOUR LAWYER STATE OF IOWA, POCK COUNTY, ss: On this 25 Y h day of Marr h ,A.D.19 9 3 ,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared R. Michael Knapp arrdx_ , to me personally known, who being by me duly sworn, did he is say thattkegaRedhe Pregidenf 62<idx ingediyek', of the corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the) jkkc 4tt}igtEfi C bgEVR lctdlhx4kQfx ) corporation; that the instrument was signed fntlx Icf!) on behalf of the corporation by authority of its Board of Directors; and that R. Michael Knapp ac>slx. as officeracacknowledgeg Ile execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by voluntarily executed. 1Notary P • • )nd for said State. coo IOWA STATE BAR ASSOCIATION las DEBRA L. RILEY Official Form No.172 e Revised February.1989 b.. ' MY COMMISSIONsgX IRe$ 39.COtle of Iowa) This Printing March,1989 • • . JULY 7, 1995 Acknowledgement: For use in case of corporations • - --- }3 ' � 1 'III!,• k, + ; CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3570 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th day of April , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 4th day of May 19 93 . Dated at Iowa City, Iowa, this 8th day of June , 19 93 . 100,4 K w oM Susan Walsh Deputy City Clerk \wSsh.RS CIVIC CENTER • 410 E. WASHINGTON ST. b� PHONE (J 19) 356-5000 IOWA CITY IOWA 52240-1826FAX(3I9) 356-5009 ntsO pg Print\,T 0 fbu- ��- D 1 t•-• I e:€-.a OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 93-3510 authonxed by 4414.5.Code or Iowa 119911, me property described below is hereby reclassified from its present AN ORDINANCE AMENDING THE ZONING ORDINANCE BY classification of ID-RS. Interim Development Single-Family $ / , Residential, to RS-8. Medium Density Single-Family Printer's fee C- J CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 30 ACRES OF LAND GENERALLY Residential. Tna South 30 acres 01 the lollowmg-descnbetl LOCATED WEST OF SYCAMORE STREET AND' CERTIFICATE OF PUBLICATIONSINGLE-FAMILYThe east salt of the southwest quarter IMMEDIATELY NORTH OF THE CORPORATE LIMITSFROM ID-RS. INTERIM DEVELOPMENT property. and ;he east 5 acres of the west hall the RESIDENTIAL,TO RS-e.MEDIUM DENSITY SINGLE-FAMILY southwest quarter of Section 23. Township 79North,Range 6 West 01 the 51h P.M. STATE OF IOWA, Johnson County, ss: RESIDENTIAL. SECTION II. REPEALER. All ordinances and pans of ordinances.n conflict with the provisions of this Ordinance THE IOWA CITY PRESS-CITIZEN • arehereby repealed. FED. ID # 42-0330670WHEREAS, the applicant Iowa Realty Company, has SECTION III. SEVERABILITY. If any section,provision or requested that the City rezone approximately 30 acres of part of the Orrdinance l. aUce halladiube adiudgedion troot baai validt or land generally located west of Sycamore Street and I immediately north of the corporate limits,from ID-RS,Interim validity of the Ordinance as a whole or any section,provision Development Single-Family Residential. to RE-8. Medium or part thereof not adjudged invalid ur unconstitutional. Margaret Rios, being duly sworn, Density Single-Family Residential:and ;NOTION IV. EFFECTIVE DATE. This Ordinance shall be in WHEREAS,wnh completion of the Sycamore Trunk effect alter its final passage,approval and publication, as Sewer. nc elo development; of the subject tract is considered[a be provided by law. say that I am the legal clerk of Seer.dee dement the and Passed and approved this 27[11 of April,1993. WHEREAS.Iowa law provides that the City of Iowa City the IOWA CITY PRESS-CITIZEN, may impose reasonable conditions over anvidesd a etheng rthe egulatwlns, toy a newspaper published in said satiety public needs directly caused by the requested change; ,♦ . and AYOR county, and that a notice, a WHEREAS,the applicant has agreed to develop this area in accordance with the terms and conditions of the printed copy of which is hereto Conditional Zoning Agreement.attached hereto and made a • ge-,)•,e part hereof by this reference;and ATTEST WHEREAS,the applicant acknowledges that the terms and CITY CL attached, was published in said conditions contained in the Conditional Zoning Agreement are paper i time(s) on the reasonable to impose on the land under Iowa Code I414.5 Appro :d by 119911 and satisfy public needs directly caused by the following date(s): requested toning change. , .�- � ..- r NOW, THEREFORE. BE IT ORDAINED BY THE CITY CityAnorney's• ice COUNCIL OF THE CITY OF IOWA CITY.IOWA,THAT: l/2 /c15- -,o §ECTION I. APPROVA4. Subject to the terms and �., 5.1 conditions of the attached Conditional Zoning Agreement,as ted,,,,,,,,,,,...,,, r" CONrITIONAL ZONING AGREEMENT (.1-7-7 ��,_7 - ;�R.��e-L THIS AGREEMENT Is made by and between Iowa Realty Company(hereinafter'Owner"),and the City Of lowe City' a Municipal Corporation (hereinafter'City'). Legal Clerk WHEREAS,Owner hes requested the City to rezone approximately 30 scree of lend located west of Sycamore Street and immediately north of the corporate limits from 10-RS,Interim Subscribed and sworn to before me Development Single-Family Residential,to RS-8, Medium Density Single-Family Residential; and this.3.1_ 11-day of 4/ , A.D. WHEREAS, under recent amendment to the Comprehensive Plan, the subject property Is in 19_3 an area now recommended for development; and WHEREAS, Iowa Code !i 414.5 (19911 provides that the City of lowe City may Impose reasonable conditions on granting Owner's rezoning request, over end above existing - --PA....12A---22WA--it-'0regulations, in order to satisfy public needs directly caused by the requested change. k a , a Public NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties `'a,I'rSHARON agree as follows: iz T. STUBBS 1. Iowa Realty Company Is the owner end legal title holder of an approximately 30 acre -- tract of land located wast of Sycamore Street and Immediately north of the corporate limits, more particularly described as follows: The south 30 acres of the following-described property: the east half • of the southwest quarter and the east 5 acres of the west half of the southwest quarter of Section 23,Township 79 North,Range 6 West of the 6th P.M. 2. In consideration of the City's rezoning of the subject property from ID-RS, Interim Development Single-Family Residential- to RS-8. Medium Density Single-Family Residential, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-8 zone, as well as the following additional Conditions: • A. Beiements may be constructed on Iota which are abutted by a subsurface • drainage system provided said basements are equipped with a sump pump and t adequate foundation tile which discharge into said drainage system. Proper Installation of the sump pump and foundation tile shall be the sole resoonsibility 0 of the developer and/or contractor, and the City shell not be responsible for inspecting installation of the sump pumps,and foundation tile. Discharge of roof drains and dcwnsoouta of dwellings into the subsurface drainage system is p•e iIblted. To ensure compliance with these provisions concerning basements on Uts abutted by a subsurface drainage system, the Property U!'cV• 'l.7 02 Of OFFICIAL PUBLICATION OFFICIAL PUBLICATION owner's registered engineer shell certify the following: 1) There is no discharge of roof drains and downspouts of dwellings Into the property's subsurface drainage system; end 2) Foundation tile end sump pump have been properly installed and connected to said subsurface drainage system. B. Developer agrees to provide 07,500 to be used for parkland/open space acquisition In the Whetherby Perk Neighborhood. as defined in the proposed Neighborhood Open Space Plan. C. Developer agrees to dedicate right•of•way sufficient to accommodate the upgrade of Sycamore Street to arterial street standards. 3. The Owner acknowledges that the conditions contained herein ere reasonable conditions to impose on the land pursuant to Iowa Code 1 414.5(1991)and that said conditions ere appropriate to satisfy public needs directly caused by the requested zoning change. 4. The Owner acknowledges that In the event the subject property is transferred,sold, redeveloped, or subdivided, ell redevelopment will conform with the terms of this Agreement. 5. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the title to the land,and shall remain in full force and effect as a covenant running with the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. B. The Owner acknowledges that nothing in this Agreement shall be construed to relieve the Owner from complying with all applicable local,state and federal regulations. 7. The Parties agree that this Conditional Zoning Agreement shell be incorporated by reference Into the Ordinance rezoning the subject property;and that upon adoption end publication of the Ordinance,this Agreement shall be recorded with the Ordinance in the Johnson County Recorder's Office. Dated this 27"' day of T";f , 1993. CITY OF IOWA CITY,IOWA IOWA REALTY COMPANY i key. + By: 1.4, �1 r By: Darrel G. Ma ." Attest: ,✓ i4 7 ti Mar n K. Karr, City Clerk 00471 May 4,1993 • )1 Drj,. ORDINANCE NO. 93-3571 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 5.59 ACRE TRACT LOCATED NORTH OF AMERICAN LEGION ROAD AT THE NORTH TERMINUS OF OWL SONG LANE SE, FROM THE COUNTY DESIGNATION OF RS, SUBURBAN RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Windsor Ridge Development Co., has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same, subject to City Development Board approval of the 240 acre Windsor Ridge annexation; and WHEREAS, pursuant to Iowa Code §368.7, • annexation of the property must be approved by both the City and the City Development Board; and WHEREAS, pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City wants to ensure appropriate allocations and suitability of neighbor- hood open•space; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban develop- ment on the eastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY QF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to City Development Board approval of the 240 acre Windsor Ridge annexation and approval of the requested annexation of the property described below into the City of Iowa City and subject to Iowa Code §414.5 and the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property is hereby reclassified from its present classification of County RS, Suburban 1 �� Ordinance No. 93-3571 Page 2 Residential, to RS-5, Low Density Single-Family Residential: Lot 1. Penningroth Park Addition, Johnson County, Iowa, according to the plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County, Iowa. EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°26'11"W along the West Line of said Southwest Quarter, 2409.14 feet to a point on the Centerline of American Legion Road; Thence S67°40'24"E along said Centerline, 1104.90 feet to the Point of Beginning; Thence N00°12'00"W, 1130.01 feet;Thence N37°16'21"E, 175.37 feet; Thence S01°28'11"E, 79.89 feet; Thence S37°16'21"W, 96.10 feet, Thence S00°12'01"E, 1133.78 feet to a Point on the Centerline of American Legion Road; Thence N67°41'27"W, 54.14 feet to the Point of Beginning. The resultant tract contains 5.59 acres, more or less and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law and notification from the City Development Board that the annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the • property and the City, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following passage and approval, and subject to notification from the City Development Board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. '4 Ordinance No. 93-3571 • Page 3 SECTION VI. EFFECTIVE DATE. This Ordinance shall be In effect after Its final passage, approval and publication, as provided by law. Pas : . and approved this 11th day of May, .9 -ArMAti AYOR ATTEST: Mt t� I.) ./24.4i CITY LERK Approved by 4.4 4.s•-f- • C City Attorney's Office rip 6 j 93 ppdadmin\windsorto d 1 l • CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation • (hereinafter "City") and Windsor Ridge Development Co., an Iowa Corporation (hereinafter "Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 5.59 acres of land located north of American Legion Road at the north terminus of Owl Song Lane SE legally described below, from the County designation of RS, Suburban Residential to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa Code §414.5 (1991) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, the City wishes to ensure the appropriate allocation and suitability of neighborhood open space; and • WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate urban development on the eastern edge of Iowa City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Windsor Ridge Development Co. is the owner and legal title holder of the property located north of American Legion Road at the north terminus of Owl Song Lane SE, which property is more particularly described as follows: Lot 1. Penningroth Park Addition, Johnson County, Iowa, according to the plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County, Iowa. EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the 5th Principal Meridian; Thence N00°26'11" W along the West Line of said Southwest Quarter, 2409.14 feet to a point on the Centerline of American Legion Road;Thence S67°40'24" E along said Centerline, 1104.90 feet to the Point of Beginning; Thence N00°12'00" W, 1130.01 feet; Thence N37°16'21" E, 175.37 feet; Thence S01°28'11" E, 79.89 feet; Thence S37°16'21" W, 96.10 feet, Thence S00°12'01"E, 1133.78 feet to a Point on the Centerline of American Legion Road; Thence N67°41'27" W, 54.14 feet to the Point of Beginning. The resultant tract contains 5.59 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. - 2 - 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space, and therefore agrees to certain conditions over and above City regulations to lessen the impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from County RS, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5, Low Density Single-Family Residential Zone, as well as the following additional conditions: a. Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. b. Owner shall dedicate .127 acre of open space in addition to and incorporated as part of the 6.9 acres of open space required of the original 240 acre Windsor Ridge tract. The location of the open space shall be negotiated with the City of Iowa City. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1991), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. The Owner acknowledges that nothing in this shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 11th day of May , 1993. WINDSOR RIDGE DEVELOPMENT CO. CI OF IOWA CITY By ....l a:24./ As.,2v /A.� B 1/' /�/ • : artz, Presid- • 'Darrel G. Courtney, yor B �r PALL.�• Attest: Ya-u.?. . `fC . "[i1,�.1J Gary Wal s, Senior Vice President Marian K. Karr, City Clerk I'`f - 3 - Apt oved by: - oes ity Attorne s Office STATE OF IOWA ) ss: JOHNSON COUNTY ) On this i� }41 day of '7Y1a,� 1993, before me, Sap ,, rrf— , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. 93-Ss 1, passed by the City Council on the /1 46 day of `�Yl0.., , 19 93 , and that Darrel G. Courtney 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. Sams. 1 — Notary Public in and for the State of Iowa STATE OF IOWA ) • )SS: JOHNSON COUNTY ) On this-xidayof b� , 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lowell Swartz and Gary Watts, to me personally known, who being by me duly sworn did say that they are the President and Senior Vice President, respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Lowell Swartz and Gary Watts as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. NyMAR�a (a .93 Notary Publi� and for the State of Iowa ppdadminlwindso2.cza 1 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x McDonald x Novick First Consideration 4/27/93 Vote for passage: AYES: Horowitz, Kubby, Novick, Ambrisco, Courtney. NAYS: None. ABSENT: McDonald. Second Consideration Vote for passage: Date published 5/19/93 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. /L.& 1A •'�7H J -sLn 4% ® y V s MIN .G4'u f���pyy�es,z n. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3571 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of May , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of May 19 93 . Dated at Iowa City, Iowa, this 8th day of June , 19 93 . j1,404(1 (.UQJia • Susan Walsh Deputy City Clerk \walsh.art CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 53340-1816 FAX(319) 356-5009 Aas �U ORD. 93-357/ Printer's fee $ �� 9 7 Residential, to RS-5,Low Density Single-Family Residential: Lot 1. Penningroth Park Addition,Johnson CERTIFICATE OF PUBLICATION County, Iowa, according to the plat thereof recorded in Book 26,Page 79,Plat Records STATE OF IOWA, Johnson County, ss: of Johnson County, Iowa. THE IOWA CITY PRESS-CITIZEN EXCEPTING THEREFROM: Commencing at the Southwest Corner of the FED. ID # 42-0330670 Southeast Quarter of Section 18.Township 79 North, Range 5 West. of the Fifth Principal Meridian; Thence N00°26'11"W Ir along the West Line of said Southwest Margaret Rios, being duly sworn, Quarter, 2409.14 feet to a point on the Centerline of American Legion Road; say that I am the legal clerk of Thence 567°40'24"E along said Centerline, the IOWA CITY PRESS-CITIZEN 1104.90 feet to the Point of Beginning; Thence N00°12'00"W,1130.01 feet;Thence a newspaper published in said N37'16'21"E, 175.37 feet; Thence S01°28'11"E, 79.89 feet; Thence county, and that a notice, a S37°16'21"W, 96.10 feet, Thence printed copy of which is hereto S00°12'01"E, 1133.78 feet to a Point on the Centerline of American Legion Road: attached, was published in said Thence N67'41'27"W. 54.14 feet to the Point of Beginning. The resultant tract paper I time(s), on the contains 5.59 acres, more or less and is following date(s): subject to easements and restrictions of record. ( I 9, 99 SECTION II. ZONING MAP. The Building Inspector is'hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law and notification from the City Development Board that the annexation is completed. Le al Clerk SECTION III. CONDITIONAL AGREEMENT. g The Mayor is hereby authorized and directed to sign,and the City Clerk to attest,the Conditional Subscribed and sworn to before me Zoning Agreement between the owners of the property and the City,and to certify the ordinance and Conditional Zoning Agreement for this 3(7j- day of A.D. recordation in the Johnson County Recorder's Office, following passage and approval, and 19 q3. subject to notification from the City Development Board that the annexation is complete. SECTION IV. REPEALER. All ordinances and Farts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. • SECTION V. SEVERABILITY. If any section, '., i r • r provision or part of the Ordinance shall be SHARON STUBB$ 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 unconstitu- tional. OFFICIAL PUBLICATION SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect atter its final passage, approval and publication, as provided ORDINANCE NO. 9I-'''?t by law. Passed and approved this llth day of Nay, AN ORDINANCE AMENDING THE ZONING 1p93. ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 5.59 ACRE TRACT LOCATED A44 NORTH OF AMERICAN LEGION ROAD AT THE MAYOR NORTH TERMINUS OF OWL SONG LANE SE, FROM THE COUNTY DESIGNATION OF RS, ATTEST: 4 -1 SUBURBAN RESIDENTIAL, TO RS-5, LOW CITY CLERK DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, the subject properly is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Windsor Ridge Development Co., has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same,subject to City Development Board approval of the 240 acre Windsor Ridge annexation;and WHEREAS, pursuant to Iowa Code §368.7, annexation of the property must be approved by both the City and the City Development Board: and WHEREAS,pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract;and WHEREAS,Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the Applicant's rezoning request, over and above existing regulations,to satisfy public needs directly caused by the requested change; and WHEREAS, the City wants to ensure appropriate allocations and suitability of neighbor- hood open space:and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban develop- ment on the eastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: SECTION I. APPROVAL. Subject to City Development Board approval of the 240 acre Windsor Ridge annexation and approval of the requ;sted annexation of the property described below into the City of Iowa City and subject to Iowa Code§414.5 and the terms and conditions of ,he Conditional Zoning Agreement, attached hereto and incorporated by reference herein,the property is hereby reclassified from its present classincation of County RS, Suburban Its 67 d. ?3-357/ CONDITIONAL ZONING AGREEMENT o r 4 ,Z THIS AGREEMENT is made by and between the City of Iowa City,Iowa,a Municipal Corporation (hereinafter "City") and Windsor Ridge Development Co., an Iowa Corporation (hereinafter "Owner"). WHEREAS,Owner has requested the City to annex and rezone approximately 5.59 acres of land located north of American Legion Road at the north terminus of Owl Song Lane SE legally described below,from the County designation of RS,Suburban Residential to RS-5,Low Density Single-Family Residential;and WHEREAS,Iowa Code§414.5(1991)provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request,over and above existing regulations,to satisfy public needs directly caused by the requested change;and WHEREAS,pursuant to the annexation policy of the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract;and WHEREAS,the City wishes to ensure the appropriate allocation and suitability of neighborhood open space;and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree as follows: 1. Windsor Ridge Development Co.is the owner and legal title holder of the property located north of American Legion Road at the north terminus of Owl Song Lane SE, which property is more particularly described as follows: Lot 1.Penningroth Park Addition,Johnson County,Iowa,according to the plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County, Iowa. EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the 5th Principal Meridian; Thence N00°26'11" W along the West Line of said Southwest Quarter, 2409.14 feet to a point on the Centerline of American Legion Road;Thence S67'40'24"E along said Centerline,1104.90 feet to the Point of Beginning; Thence N00°12'00"W, 1130.01 feet;Thence N37°16'21"E, 175.37 feet; Thence S01'28'11" E, 79.89 feet; Thence S37°16'21" W, 96.10 feet, Thence S00°12'01"E,1133.78 feet to a Point on the Centerline of American Legion Road;Thence N67°41'27"W,54.14 feet to the Point of Beginning. The resultant tract contains 5.59 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that,pursuant to the annexation policy contained in the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space,and therefore agrees to certain conditions over and above City regulations to lessen the impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from County RS,the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5, Low Density Single-Family Residential Zone, as well as the following additional conditions: a. Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. b. Owner shall dedicate .127 acre of open space in addition to and incorporated as part of the 6.9 acres of open space required of the original 240 acre Windsor Ridge tract. The location of the open space shall be negotiated with the City of Iowa City. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code§414.5(1991),and that said conditions satisfy public needs which are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped. or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. The Owner acknowledges that nothing in this shall be construed to relieve the Applicant from complying with all applicable local,state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property;and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this (/II, day of , 1993. WINDSOR RIDGE DEVELOPMENT CO. C OF IOWA CITY By e.461.2.d A..,.ir Ai.... B /�:,Q artz, Presid-• Darrel G.Courtney, Mayo 'i —hy�, // B Vrr■ � ' Attest: /�(a u-w+J -r{'. 4Q,..i Gary Wa.s,Senior Vice President Marian K.Karr,City Clerk I4 i Drd _ I/ - ORDINANCE NO. 93 3572 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE BUILDING CODE, BY ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the Uniform Building Code Standards 1991 Edition, and the 1991 Edition of the Uniform Building Code as prepared and edited by the International Conference of Building Officials; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa and provide for its enforcement. SECTION 2. Section 8-16 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the following new Section 8-16 is enacted in lieu thereof. Sec. 8-16. Adopted. Subject to the following amendments the Uniform Building Code Standards 1991 Edition and the 1991 Edition of the Uniform Building Code are hereby adopted and shall be known as the Iowa City Building Code, or the Building Code. Interpretations of the Building Officials shall be guided by the UBC application/interpretation manual. SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the following new section 8-17 is enacted in lieu thereof. Sec. 8-17. Amendments. The following sections of the 1991 Edition of the Uniform Building Code (UBC) are amended to read as follows: (1) Delete Section 301(b) and insert in lieu thereof the following: (b) Exempted work. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred forty-four (144) square feet. 2. Fences not over six (6) feet high. 3. Oil derricks. 4. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. 5. Retaining walls which are not over four (4) feet in height measured from the top of the footing to the top of the wall unless the wall supports a surcharge or impounds flammable liquids. 6. Water tower supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and if the ratio of height-to-diameter or width does not exceed 2:1. 7. Walks and driveways which do not extend over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater sets and scenery. 10. Window awnings supported by an exterior wall of a Group R Division 3 and Group M occupancies when projecting not more than fifty-four (54) inches. 11. Prefabricated swimming pools, accessory to a Group R Division 3 occupancy in which the pool walls are entirely above the adjacent grade if the capacity does not exceed five thousand (5,000) gallons and is less than eighteen (18) inches in depth. 12. Reapplication of shingles and siding of Group R Division 3 and Group M occupancies if structural alterations are not required. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required for the above exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. r5 Ordinance No. 93-3572 Page 2 (2) Add a new paragraph to the end of Section 303(d), Permits, Expiration; as follows: For the purpose of this section, the building or work authorized shall be considered suspended or abandoned unless more than ten percent (10%) of the total cost of all construction, erection, alteration, enlargement, repair, demolition, or other work covered by the permit is completed within one hundred eighty (180) days after the issuance of the permit, including any and all subsequent one hundred eighty (180) day periods thereafter, but in no event shall the permit be effective unless the work covered by the permit is completed within twenty- four (24) months of the date on which the original permit was issued. (3) Add a new subsection (f) to Section 303 as follows: (f) Demolition permits. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after the date an application has been properly filed, and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City, provided, however, that accessory buildings as defined in the Iowa City Code of Zoning Ordinances and having no historic significance shall be exempt from said notice requirement. (4) Delete subsection (b) and (c) of Section 304 and insert in lieu thereof the following: (b) Permit fees. The fee for each permit shall be as set forth in the building permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, fire extinguishing systems and other permanent equipment. (c) Plan review fees. When a plan or other data are required to be submitted by Section 302(b) and the value of the proposed building or work exceeds 515,000, a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. (5) Delete exception to Section 308(a) and insert in lieu thereof the following: Exceptions: Group M Occupancies. (6) Delete Table 3-A. (7) Delete the definition of "family" in Section 407 and insert in lieu thereof the following: Family is an individual or two (2) or more persons related by blood, marriage, adoption or placement by governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), and not more than two (2), persons not related by blood, marriage or adoption. (8) Delete the definition of "guest" in Section 408 and insert in lieu thereof the following: Guest. An individual who shares a dwelling in a non-permanent status for not more than thirty (30) days. (9) Delete the definition of "hotel" in Section 409 and insert in lieu thereof the following: Hotel. A residential building licensed by the state and occupied and used principally as a place of lodging for guests. (10) Add a definition of "rooming house" to Section 419 as follows: Rooming House. Any dwelling or that part of any dwelling containing one (1) or more rooming units in which space is let by the owner or operator to four (4) or more roomers. (11) Add a definition of "truss" to Section 421 as follows: Truss. Truss is a pre-built and engineered component employing one or more triangles in its construction or an approved design and engineering component that functions as a structural support member. (12) Amend the first sentence of Section 1201, Division I, to read as follows: Division 1: Hotels, apartment houses, congregate residences (each accommodating more than ten (10) persons) and rooming houses. 15 Ordinance No. 93-3572 Page 3 (13) Delete Section 1205(b) and insert in lieu thereof the following: (b) Light. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural light by means of exterior glazed openings with an area not less than 1/8 the floor area of such rooms with a minimum of eight (8) square feet. Exceptions: 1. Kitchens need not be provided with natural light by means of exterior glazed openings provided equivalent artificial light is provided. 2. In basements of Division 3 occupancies constructed prior to the adoption of the 1988 edition of the Uniform Building Code, natural light need not be supplied to habitable rooms provided equivalent artificial light is supplied and an escape or rescue window or door is provided in the basement in accordance with Section 1204. All sleeping rooms shall contain an escape or rescue window or door within the room. (14) Delete the first paragraph of Section 1205(c) and insert in lieu thereof the following: (c) Ventilation: Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of open exterior openings within an area of not less than 1/25th of the floor area of such room, and in no event less than four (4) square feet. (15) Add two exceptions to Section 1207(a) as follows: Exceptions: 1. Ceiling height in Division 3 occupancies may be reduced to six (6) feet eight (8) inches for main support beams and mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds (2/3) of the room. 2. The ceiling height in basements of Division 3 occupancies which existed prior to the adoption of the 1988 Uniform Building Code may be reduced to seven (7) feet. (16) Add a paragraph to the end of Section 1213 as follows: Every room containing a boiler, central heating plant, or water heater in Division 1 Occupancies, shall be equipped with a keyed door lock which shall be keyed differently from all other locks within any dwelling unit. (17) Add a new section 1718 as follows: Minimum ceiling height. Section 1718. All occupancies shall have a minimum ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling except as otherwise required by this code. (18) Add a new section 1719 as follows: Trusses. Section 1719. Preparation, fabrication and installation of trusses shall conform to the accepted engineering practices and to the requirements of this code. No alterations, including but not limited to cutting, splicing or removal of webs, gussets or cords, shall be made without approval of a certified engineer and the Building Official. Any alterations not acceptable to the Building Official shall be corrected or the altered member removed and replaced with an acceptable method of construction. (19) Delete Exception 1 to Section 2907(b) and insert in lieu thereof the following: Exceptions: 1. A one-story wood or metal frame building not used for human occupancy and not over one thousand (1,000) square feet in floor area need not be provided with the footing extending below the frost line. Such buildings shall be provided with a footing meeting all other requirements of Table 29-A and extending at least twelve (12) inches below grade. (5 Ordinance No. 93-3572 Page 4 (20) Delete Table 29-A and insert in lieu thereof the following: TABLE NO. 29-A — FOUNDATIONS FOR STUD BEARING WALLS — MINIMUM REQUIREMENTS Minimum Depth Number of Thickness of of Floors Foundation Walls Minimu Footings Below Supported (inches) m Thicknes Natural Surface By the Width s of Foundation'•2 Footing of Ground or Concrete Unit Masonry (inches) Footing Finish (inches) Grade (Whichever is Lower) (inches) 1 8 8 16 8 42 2 8 8 16 8 42 3 8 10 18 8 42 'Foundations may support a roof in addition to the stipulated number of floors. 2Footings supporting only roof spans of not more than sixteen (16) feet may be eight (8) inches wide. 3Trench footings supporting one floor and a roof may be twelve (12) inches wide. (21) Delete Chapter 31 in its entirety and insert in lieu thereof the following: Accessibility. Section 3101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-16 Division VII of the Iowa State Administrative Code. (22) Amend the second paragraph of Section 3205 to read as follows: The clear openings shall not be less than twenty (20) by thirty (30) inches. (23) Amend the second unnumbered paragraph of Section 3306(i) to read as follows: The top of the handrail shall be placed not less than thirty (30) inches nor more than thirty- eight (38) inches above the nosing of treads and landings. Handrails shall be continuous the full length of the stairs and, except for private stairways, at least one handrail shall extend in the direction of the stair run not less than twelve (12) inches beyond the top riser, nor less than twelve (12) inches beyond the bottom riser. Ends shall be returned or shall terminate in newel posts or safety returns. (24) Add an exception to Section 3306(o) as follows: Exception: Within individual dwelling units the head room clearance may be six (6) feet six (6) inches. (25) Amend the second paragraph of Section 3309(c) to read as follows: All exit doors in an exit enclosure shall be protected by a fire assembly having a fire- protection rating of not less than one hour where one-hour shaft construction is permitted, and one and one-half (1 Y2) hours where two-hour shaft construction is required. Doors shall be maintained self-closing or shall be automatic closing by actuation of a smoke detector as provided for in Section 4306(h) of this code. In Group R Division 1 apartment houses, rooming houses, and congregate residences, doors shall be automatic closing by actuation of a smoke detector. The maximum transmitted temperature end point shall not exceed 450° above ambient temperature at the end of 30 minutes of the fire exposure specified in U.B.C. Standard No. 43-2. I Ordinance No. 93-3572 Page 5 (26) Amend Section 3802(h) to read as follows: (h) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout apartment houses three (3) or more stories in height or containing sixteen (16) or more dwelling units, in congregate residences three (3) or more stories in height or having an occupant load of fifty (50) or more, and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. For the purposes of this section, area separation walls shall not define separate buildings in buildings constructed after May 10, 1989. (27) Amend Section 4506(b) to read as follows: (b) Construction. Awnings shall have non-combustible frames but may have combustible coverings. Every awning shall be collapsible or retractable. When collapsed, retracted or folded against the face of the supporting building, the awning shall not block a required exit. Exceptions: 1. A fixed awning not more than twenty (20) feet in length may be erected over a doorway or window of a building. 2. A fixed awning may be of any length when constructed of a flame retardant material and designed to allow ground ladder access to the upper level windows. The flame retardance of the material shall be integral to the fabric, not a temporary treatment. Ladder access shall comply with NFPA recommendations, as determined by the Fire Chief. (28) Deletions: The following sections of the Uniform Building Code are not adopted: 1. Section 305(e), 2 and 4. 2. Table No. 3-A. (29) UBC Appendix Chapter 70 is amended to read as follows: Chapter 70 - EXCAVATION AND GRADING Sec. 7001. Purpose. The purpose of this chapter is to protect and safeguard human life, property and the public welfare, and to protect environmentally sensitive areas by regulating grading on private and public property. Sec. 7002. Scope. This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and specifications, and inspection of grading. Sec. 7003. Permits Required. No person, owner or responsible party shall do any grading in any areas described below without first having obtained a grading permit from the building official: 1. Property on which the natural terrain is at a horizontal to vertical slope of 3.5 horizontal to 1 vertical, or steeper, and having a vertical height exceeding nine feet within a horizontal distance of 27 feet; or 2. Flood hazard areas subject to Chapter 11, Article II, "Floodplain Management", of the Iowa City Code of Ordinances; or 3. Wetlands as defined in the Code of Federal Regulations (33 CFR 328.3) and regulated by the U.S. Army Corps of Engineers; or 4. Property traversed by a drainageway as shown in blue on the U.S. Geological Survey quadrangle maps, 1983, as updated. Sec. 7004. Hazards. Whenever the building official determines that any existing excavation, embankment, or fill on private property has become a hazard to human life, endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the property owner or the responsible party for the affected property shall, after receipt of notice in writing from the building official, take corrective action to repair or eliminate such excavation, fill or embankment so as to eliminate the hazard or dangerous conditions. Said repairs or corrective actions shall in all respects be in compliance with the requirements of this code, and shall be satisfactorily completed within the time period specified in the notice. Failure to take corrective actions shall be deemed a public offense, and shall be subject to the remedies set out in applicable state and local law for abatement of nuisances. L5 Ordinance No. 93-3572 Page 6 Sec. 7005. Definitions. For purposes of this chapter the definitions listed herein shall be construed as specified in this section. Terms not defined shall have the meanings customarily assigned them in Webster's New Collegiate Dictionary. APPROVAL shall mean that, in the opinion of the building official, the proposed work or completed work conforms to this chapter. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading a site. CIVIL ENGINEER is a professional engineer registered in the State of Iowa to practice in the field of civil engineering. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of humankind. COMPACTION is the densification of a fill by mechanical means. CUT is the portion of land surface or area from which earth material has been removed or will be removed by excavation. EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof. ENGINEERED GRADING is grading of 5,000 cubic yards or more, and requires the services of a civil engineer to prepare and certify a grading plan, and to inspect and certify the work completed conforms with the plan. EROSION is the wearing away of earth material as a result of the movement of wind, water, ice or any combination thereof. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by mechanical, man-made or other artificial means. GEOLOGIC FACTORS are factors pertaining to rocks or rock formations as they might affect the stability of slopes. GRADE is the vertical elevation of the ground surface. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to the approved plan. Finished Grade is the final grade of the site which conforms to the approved plan. GRADING is any excavating or filling or a combination thereof, and includes compaction. OWNER is any person, entity, business, firm, corporation, organization, association, partnership, venture or any combination thereof, and any agent, fiduciary or representative thereof, who owns or purports to own land or real property located within Iowa City. PERSON shall include individual persons, user, operator, responsible party, entity, business, firm, corporation, association, partnership, venture, or any combination thereof, and any agent, representative or fiduciary thereof. PROPERTY is land and real property, whether public or private, and includes any and all interests in real property whether legal, equitable, or any combination thereof. PUBLIC WAY means any area dedicated to the public, including but not limited to street right-of- way, sidewalks, alleys, and utility easements. REGULAR GRADING is grading involving less than 5,000 cubic yards which does not require the services of a civil engineer. RESPONSIBLE PARTY means any user, possessor, operator, permittee, or person who operates, possesses, occupies, manages or owns real property located within Iowa City. Responsible party shall also include the person responsible for assuring compliance with this chapter if notice of violation or noncompliance has been issued to that person by the building official. SITE is any lot or parcel of land, or contiguous combination thereof under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlaying bed rock. STEEP SLOPE is property on which the natural terrain is at a slope of 3.5 horizontal to 1 vertical, or steeper. l5 Ordinance No. 93-3572 Page 7 TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Sec. 7006. Grading Permit Requirements. (a) Permits Required. As provided in Section 7003 of this code, no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be required for each site, and may cover both excavations and fills. (b) Application. The provisions of Sec. 302(a) of this code are applicable to grading, and shall state an estimate of the cubic yards of earth material to be graded. (c) Plans and Specifications. Each application for a grading permit, whether regular grading or engineered grading, shall be accompanied by two sets of plans and specifications. Supporting data consisting of a soils report and geology report shall be submitted when required by the building official. When engineered grading is required pursuant to subsection (d) below, the plans and specifications shall be prepared and signed by a civil engineer. (d) Grading Designation. All grading of 5,000 cubic yards or more shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards shall be designated "regular grading" unless the permittee, with the approval of the building official, chooses to have the grading performed as "engineered grading" or the building official requires "engineered grading" pursuant to Sec. 7006(g). (e) Information on Plans and Specifications. Plans shall be drawn to scale upon stable, reproducible media, and shall be of sufficient clarity to indicate the nature and extent of the work proposed. The plans shall also show, in detail, that the grading activities will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the proposed grading work, the name and address of the person by whom they were prepared, and the name and address of the property owner or of the responsible party for the property. The plans shall include the following information: 1. General vicinity of the proposed site. 2. Names and addresses of adjacent property owners. 3. Property limits and accurate topographic map of the existing terrain with contour intervals of five feet or less and details of area drainage. 4. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. 5. Detailed plans of all surface and subsurface drainage devices including walls, cribbing, dams and other protective devices to be constructed with, or as part of, the proposed grading work, together with a map showing the drainage areas and the estimated runoff for a 5-year return and a 100-year return frequency storm of the area served by any drains to be installed. 6. Location of any buildings or structures on the property where the proposed grading is to be performed, together with any buildings or structures on property adjacent to the proposed grading to the extent the buildings or structures are within fifteen feet of the proposed grading. In addition, location of any property which may be substantially and materially affected by the proposed grading shall also be noted and shown on the plans. 7. Existing trees that are to be retained pursuant to Sec. 7011.1 of this code. Specifications shall contain information covering construction and material requirements. (f) Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer to design the grading plan using sound engineering practices and to incorporate all recommendations from the soils and geology reports into the grading plan. The civil engineer shall also be responsible for the professional inspection during the grading process and final approval of the grading when completed. This responsibility includes, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the grading area. The civil engineer is the coordinating agent between any responsible party doing the actual grading work and the building official. Further, the civil engineer shall be responsible for the preparation of revised plans, and the submission of an updated grading plan upon completion of the work. Finally, the civil engineer shall submit a statement of compliance pursuant to Sec. 7015(a). Soils and geology reports shall be required as specified below in subsections (h) and (i). During grading, the civil engineer shall submit all necessary reports, compaction data and soils and geology recommendations to the building official. 15 Ordinance No. 93-3572 Page 8 The civil engineer's inspection and approval concerning the adequacy and preparation of ground for the proposed grading operations shall include, but need not be limited to, the adequacy of the ground to receive fill; testing for required compaction; stability of all finish slopes; the design of buttress fills, where required; the stability of cut slopes with respect to geological matters; and the need for subdrains or other groundwater drainage devices. The building official shall review the grading project at the various stages of the work in order to monitor compliance with the approved plans. (g) Regular Grading Requirements. The building official may require inspection and testing by an approved testing agency of any proposed or approved grading operation. Any such required inspection or testing shall be carried out at the building official's direction. When the building official has cause to believe that geologic factors may be involved in the proposed or regular grading activities, the grading operation will be required to conform to "engineered grading" requirements as defined in this chapter. (h) Soils Report. The soils report required by Subsection (c) shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures; and design criteria for corrective measures including buttress fills, if needed. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. (i) Geology Report. The geology report required by Subsection (c) shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. (j) Issuance. The provisions of Section 303 of this code are applicable to grading permits. The building official may require that the grading operations and project designs be modified if delays occur which result from weather-generated problems not considered at the time the permit was issued. (k) Fees. All fees associated with each required permit shall be paid to the City as set forth in the Schedule of Fees, Section 32.1-55 of the Iowa City Code of Ordinances. Sec. 7007. Reserved. Sec. 7008. Assurance of Performance. When the grading permit is issued, the building official may require cash escrow, certificate of deposit, performance bonds or a letter of credit in order to assure that the work will be completed in accordance with the approved plans and specifications, and to assure all hazardous conditions are eliminated. Said cash escrows, certificate of deposit, performance bonds or letters of credit shall be in an amount equal to 110% of the grading project, but in no event shall the required amount exceed $10,000 or the cash equivalent. It is the intent of this section that cash escrow, certificate of deposit, performance bonds or letters of credit shall not be deemed as a substitution for performance of the work, but that such instruments shall stand solely as security to assure compliance with the grading requirements herein. Sec. 7009. Cuts. (a) General. Unless otherwise recommended in the approved engineering, soils and/or geology report, cuts shall conform to the provisions of this section. (b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than the ratio of 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report, or both, stating that an investigation of the site reveals that a cut at a steeper slope will nonetheless be stable and will not create a hazard to life or to property. (c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012 of this code. Sec. 7010. Fills. (a) General. Unless otherwise recommended in the approved engineering, soils and/or geology report, fills shall conform to the provisions of this section. (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than 3.5 horizontal to 1 vertical, except where the civil engineer determines the slope to be stable. (c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, and by scarifying the surface to IS Ordinance No. 93-3572 Page 9 • provide a bond with the new fill. Where slopes are steeper than five (5) horizontal to one (1) vertical and the height of the fill location is greater than ten (10) feet, the ground surface shall be prepared by benching into material which is deemed competent for such benching by a civil engineer. The bench under the toe of fill on a slope steeper than five (5) horizontal to one (1) vertical shall be at least ten (10) feet wide. The area beyond the toe of fill shall either be sloped for sheet overflow, or a paved drain provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide. However, in such event, the cut shall be approved by a civil engineer as a suitable foundation for fill. (d) Fill Material. Vegetative materials shall not be permitted in fills except in the top one foot of fill. Except as permitted by the building official, no rock or similar irreducible material shall be placed within two (2) feet of the finished grade. Where an excessive amount of irreducible material is found, it may be placed in the fill in horizontal layers not exceeding four (4) feet in thickness. Each layer shall be leveled and smoothed by choking the surface of the irreducible material with soil or fine fragments of rock. (e) Compaction. All fills on slopes of six (6) horizontal to one (1) vertical or steeper shall be compacted to a minimum of 90 percent of maximum density as determined by U.B.C. Standard No. 70-1 or equivalent ASTM standards. In-place density shall be determined in accordance with U.B.C. Standard No. 70-2, 70-3, 70-4 or 70-5 or equivalent ASTM standards. '(f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report, or both, stating that the site has been investigated and that based on their best information, knowledge and belief, fill at a slope steeper than 3.5 horizontal to 1 vertical will nonetheless be stable and will not create a hazard to life or property. (g) Drainage & Terracing. Drainage and terracing shall be provided for all fills. Areas above fill slopes and all terrace surfaces shall be graded and finished, as required by Section 7012. Sec. 7011. Setbacks. (a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No. 70-1. (b) Top of Cut Slope. The top of cut slope shall be made no closer to a site boundary line than one fifth of the vertical height of cut, with a minimum of two (2) feet and a maximum of ten (10) feet. The setback may need to be increased for any required interceptor drains. (c) Toe of Fill Slope. The toe of fill slope shall be made no closer to the site boundary line than one-half the height of the slope, with a minimum of two (2) feet and a maximum of twenty (20) feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is already developed, special precautions may be required if, in the opinion of the building official, such precautions are necessary to protect the adjoining property from damage. These precautions may include, but are not limited to, the following: 1. Additional setbacks. 2. Provision for retaining walls or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. (d) Modification of Slope Location. The building official may approve alternate setbacks. The building official may also require an investigation and recommendation by a civil engineer, if in the opinion of the building official, such investigation is reasonably necessary to demonstrate the grading has complied with the intent of this section. Sec. 7011.1 Tree Protection. Individual trees that are to be retained shall be protected from injury during any grading work in the following manner: 1) A barricade shall be erected along the drip line of the retained trees. 2) Grading equipment may not be parked or stored within the drip line of any such retained trees. 3) No soil or rubble shall be added to or removed from within the drip line of said trees. 4) Utility trenching techniques shall not be used under retained trees, nor within the drip line of retained trees. 15 Ordinance No. 93-3572 Page 10 • Sec. 7012. Drainage and Terracing. (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than six (6) horizontal to one (1) vertical. (b) Terrace. In order to control surface drainage and debris, terraces at least six (6) feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes. Where only one terrace is required, it shall be established at midheight. For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately midheight shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of three percent (3%), and must be stabilized with an approved erosion-free channel. Said swales or ditches shall also have a minimum depth at the deepest point of one (1) foot and a minimum width of five (5) feet unless a civil engineer can demonstrate a smaller channel is appropriate. The capacity of a swale or ditch shall be adequate to convey the 100-year return frequency storm for the tributary area. (c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage, where such drainage is reasonably necessary to achieve stability. Id) Disposal. All drainage facilities shall be designed to carry waters to the nearest approved drainage way. Erosion in the area of discharge shall be prevented by installing non-erosive down drains or other devices, as needed. Building pads shall have a drainage gradient of two percent (2%) from the building pad toward approved drainage facilities, unless waived by the building official. EXCEPTION: The gradient from the building pad may be one percent (1 %) if all of the following conditions exist throughout the•permit area: 1. Proposed fills are no greater than ten (10) feet in maximum depth. 2. Proposed finish cuts or fill slope faces have a vertical height no greater than ten (10) feet. 3. Existing slope faces which have a slope face steeper than ten (10) horizontally to one (1) vertically shall have a vertical height no greater than ten (10) feet. (e) Interceptor Drains. Interceptor drains shall be installed along the top of all cut slopes where the tributary drainage has been channelized, and there is a potential for continued erosion. Sec. 7013. Erosion Control. (a) Slopes. The faces of cut and fill slopes shall be prepared and maintained in accordance with Design Standards for Public Works Improvements, Section X -Erosion and Sedimentation Control. (b) Other Devices. Check dams, cribbing, riprap or other devices or methods shall be employed where reasonably necessary to control erosion and provide safety. Sec. 7014. Grading Inspection. (a) General. All grading operations for which a permit is required shall be subject to inspection by the building official. When required by the building official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306 of this code. Notification of Noncompliance. If, in the course of fulfilling their responsibilities under this chapter, the civil engineer or the testing agency finds that the grading work is not being done in conformance with this chapter or does not conform to the approved grading plans, the discrepancies shall be reported to the owner of the property. If the discrepancies continue, the Civil Engineer or the testing agency is responsible for reporting said discrepancies to the building official. (b) Transfer of Responsibility for Approval. If the civil engineer or the testing agency of record is changed during the course of any grading work, the work shall be stopped until the replacement has agreed to accept responsibility for the work, and the work is within the competence of the testing agency and/or the civil engineer. Sec. 7015. Completion of Work. (a) Final Reports. Upon completion of the rough grading work and at final completion of the grading work,the building official shall require the following reports,drawings and supplements thereto to be filed in the building official's office: 1. Certification from the civil engineer that the grading work was completed in substantial compliance with the final approved grading plan, as updated or revised. 15 Ordinance No. 93-3572 Page 11 2. An updated or revised grading plan prepared by the civil engineer, showing all revisions approved by the building official. This plan shall include ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities installed. (b) Notification of Completion. The owner, responsible party or person requesting the permit shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all required reports have been submitted and until all grading work has been completed in accordance with the final approved grading plans, including installation of all drainage facilities and their protective devices and all erosion-control measures. Upon granting final approval, the building official shall authorize the release of any escrows to the depositor and issue a certificate of compliance. Sec. 7016. Enforcement. In all cases, the ultimate responsibility for compliance with this chapter shall rest with the owner of the property, notwithstanding the participation of any other responsible party. Any violation of this chapter or rules promulgated thereto shall constitute a nuisance and/or an environmental infraction under both state and local law. In such event, the City may, at its option, elect to carry out any one or all of the following remedies: prosecute environmental infractions under Section 1, Article II of the Iowa City Code of Ordinances; deny or revoke any permit under this chapter; abate the nuisance in accordance with Section 24 of Article VI of the Iowa City Code of Ordinances; and/or abate the nuisance under state law, Chapter 657, Iowa Code (1989). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law, but not before June 1, 1993. Passed and approved this 11th day of May , 1993. MAYOR 77-� // ATTEST: / ,�� 7 . 1Q4.4/ CITY`CLERK Approved by tity AttornO�- � 's Office VilaWmin\cFB.ii.a,d • L5/j� IS It was moved by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney _1L__ Horowitz Kubby McDonald Novick First Consideration 4/13/9 Vote for passage: Kubby, arson, McDonald, Novick,Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration 4/27/93 Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: McDonald. Date published S/19/93 /5 A CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3572 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of May , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of May 19 93 Dated at Iowa City, Iowa, this 8th day of June , 19 93 M w Susan Walsh Deputy City Clerk \welsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. QgF7� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 n��•6 FAX(319) 356-5009 Pm~ /c • . . a , • OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 93-3572 AN ORDINANCE AMENDING CHAPTER 8.ARTICLE II, THE BUILDING CODE. BY ADOPTING THE Printer's fee $ "1�J 9, UNIFORM BUILDING CODE STANDARDS,1991 EDITION AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF;TO PROVIDE FOR THE PROTECTION OF THE CERTIFICATE OF PUBLICATION HEALTH,WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY,IOWA. STATE OF IOWA, Johnson County, ss: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the Uniform Building Code THE IOWA CITY PRESS-CITIZEN Standards 1991 Edition,and the 1991 Edition of the Uniform Building Code as prepared and edited by FED. ID# 42-0330670 the International Conference of Building Officials;and to provide for certain amendments thereof;to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa and provide for its enforcement. SECTION 2. Section 8-16 of the Code of Ordinances of the City of Iowa City,Iowa is hereby repealed anSecc.t8-1611 AdoptedW Section 8-16 is enacted in lieu thereof. Margaret Rios, being duly sworn, say that I am the legal clerk of Subject to the following amendments the Uniform Building Code Standards 1991 Edition and the 1991 Edition of the Uniform Building Code are hereby adopted and shall be known as the Iowa City the IOWA CITY PRESS-CITIZEN, Building Code,or the Building Code. Interpretations of the Building Officials shall be guided by the UBC application/interpretation manual. a newspaper published in said SECTION 3. Section 8-17 of the Code of Ordinances of the City of Iowa City,Iowa is hereby repealed county, and that a notice a and the following new section 8-17 is enacted in lieu thereof. Sec.8-17. Amendments. printed copy of which is hereto The following sections of the 1991 Edition of the Uniform Building Code(UBC)are amended to read as follows: attached, was published in said 11) Delete Section 301(b)and insert in lieu thereof the following: (b) Exempted work. A building permit shall not be required for the following: paper time(s), on the 1. One-story detached accessory buildings used as tool and storage sheds,playhouses and following date(s): similar uses, provided the floor area does not exceed one hundred forty-four 1144) square feet. 2. Fences not over six 161 feet high. 3. Oil derricks. 4. Movable cases,counters and partitions not over five 15)feet nine 19)inches high. 5. Retaining walls which are not over four(41 feet in height measured from the top of the footing to the top of the wall unless the wall supports a surcharge or impounds flammWater liquids. W C./�ry7 6. Wer tower supported directly upon grade if the capacity does not exceed five thousand 15,0001 gallons and if the ratio of height-to-diameter or width does not exceed 2:1. Legal Clerk 7. Walks and driveways which do not extend over any basement or story below. 8. Painting,papering and similar finish work. 9. Temporary motion picture,television and theater sets and scenery. Subscribed and sworn to before me 10. Window awnings supported by an exterior wall of a Group R Division 3 and Group M ,-, / occupancies when projecting not more than fifty-four 154)inches. this /4-'(day 11. Prefabricated swimming pools,accessory to a Group R Division 3 occupancy in which day of , A.D. the pool walls are entirely above the adjacent grade if the capacity does not exceed five thousand(5,000)gallons and is less than eighteen(18)inches in depth. 19 12. Reapplication of shingles and siding of Group R Division 3 and Group M occupancies if structural alterations are not required. . Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be WI, required for the above exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Nota Public (21 Add a new paragraph to the end of Section 303(d),Permits,Expiration;as follows: SHARON STUBBS For the purpose of this section,the building or work authorized shall be considered suspended or abandoned unless more than ten percent 110%) of the total cost of all construction, erection, alteration,enlargement, repair,demolition, or other work covered by the permit is - x... completed within one hundred eighty 1180)days after the issuance of the permit, including any and all subsequent one hundred eighty 1180)day periods thereafter,but in no event shall the permit be effective unless the work covered by the permit is completed within twenty- four(24)months of the date on which the original permit was issued. (3) Add a new subsection If)to Section 303 as follows: If) Demolition permits. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (71 working days after the date an application has been properly filed,and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City,provided,however,that accessory buildings as defined in the Iowa City Code of Zoning Ordinances and having no historic significance shall be exempt from said notice requirement. 141 Delete subsection(b)and(c)of Section 304 and insert in lieu thereof the following: (b) Permit fees. The fee for each permit shall be as set forth in the building permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building.permit and building plan review fees shall be the total value of all construction work for which the permit is issued,as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, fire extinguishing systems and other permanent equipment. Icl Plan review fees. When a plan or other data are required to be submitted by Section 3021b1 and the value of the proposed building or work exceeds 515,000,a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. 151 Delete exception to Section 308(a)and insert in lieu thereof the following: Exceptions: Group M Occupancies. (61 Delete Table 3-A. 171 Delete the definition of"family"in Section 407 and insert in lieu thereof the following: Family is an individual or two 12) or more persons related by blood. marriage, adoption or placement by governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), and not more than two (2), persons not related by blood,marriage or adoption. 181 Delete the definition of'guest" in Section 408 and insert in lieu thereof the following: Guest. An individual who shares a dwelling in a non-permanent status for not more than thirty 1301 days. (91 Delete the definition of"hotel"in Section 409 and insert in lieu thereof the following: Hotel. A residential building licensed by the state and occupied and used principally as a place of lodging for guests. (10) Add a definition of"rooming house"to Section 419 as follows: Rooming House. Any dwelling or that part of any dwelling containing one 11) or more rooming units in which space is let by the owner or operator to four(4)or more roomers. 1111 Add a definition of"truss"to Section 421 as follows: Truss. Truss is a pre-built and engineered component employing one or more triangles in its construction or an approved design and engineering component that functions as a structural support member. (121 Amend the first sentence of Section 1201, Division I,to read as follows: Division 1: Hotels, apartment houses, congregate residences (each accommodating more than ten(10)persons)and rooming houses. 113) Delete Section 1205(b)and insert in lieu thereof the following: (b) Light. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural light by means of exterior glazed openings with an area not less than 1/8 the floor area of such rooms with a minimum of eight 18)square feet. Exceptions: 1. Kitchens need not be provided with natural light by means of exterior glazed openings provided equivalent artificial light is provided. 2. In basements of Division 3 occupancies constructed prior to the adoption of the 1988 edition of the Uniform Building Code, natural light need not be supplied to habitable rooms provided equivalent artificial light is supplied and an escape or rescue window or door is provided in the basement in accordance with Section 1204. All sleeping rooms shall contain an escape or rescue window or door within the room. 1141 Delete the first paragraph of Section 1205(c)and insert in lieu thereof the following: (c) Ventilation: Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of open exterior openings within an area of not less than 1/25th of the floor area of such room,and in no event less than four 14)square feet. 5' (15) Add two exceptions to Section 1207(a)as follows: O"D• `3- 3 Exceptions: 1. Ceiling height in Division 3 occupancies may be reduced to six 161 feet eight 18) inches for main support beams and mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds (2/31 of the O-e room. 2. The ceiling height in basements of Division 3 occupancies which existed prior to the adoption of the 1988 Uniform Building Code may be reduced to seven (71 feet. I1 6) Add a paragraph to the end of Section 1 213 as follows: Every room containing a boiler, central heating plant, or water heater in Division 1 Occupancies,shall be equipped with a keyed door lock which shall be keyed differently from all other locks within any dwelling unit. (171 Add a new section 1718 as follows: Minimum ceiling height. Section 1718. All occupancies shall have a minimum ceiling height of not less than seven(7)feet measured to the lowest projection from the ceiling except as otherwise required by this code. (18) Add a new section 1719 as follows: Trusses. Section 1 71 9. Preparation,fabrication and installation of trusses shall conform to the accepted engineering practices and to the requirements of this code. No alterations, including but not limited to cutting,splicing or removal of webs, gussets or cords. shall be made without approval of a certified engineer and the Building Official. Any alterations not acceptable to the Building Official shall be corrected or the altered member removed and replaced with an acceptable method of construction. '(191 Delete Exception 1 to Section 29071b1 and insert in lieu thereof the following: Exceptions: 1. A one-story wood or metal frame building not used for human occupancy and not over one thousand 11,0001 square feet in floor area need not be provided with the footing extending below the frost line. Such buildings shall be provided with a footing meeting all other requirements of Table 29-A and extending at least twelve 1121 inches below grade. (201 Delete Table 29-A and insert in lieu thereof the following: TABLE NO.29-A — FOUNDATIONS FOR STUD BEARING WALLS — MINIMUM REQUIREMENTS Minimum Depth Number of Thickness of of Floors Foundation Walls Minimu Footings Below Supported (inches) m Thicknes Natural Surface By the Width s of Foundation'' Footing of Ground or Concrete Unit Masonry 1inQheg) Footing Finish Un�,hesl Grade (Whichever is Lower). )inches). 1 8 8 16 8 42 2 8 8 16 8 42 3 8 10 18 8 42 'Foundations may support a roof in addition to the stipulated number of floors. 'Footings supporting only roof spans of not more than sixteen 1161 feet may be eight 18)inches wide. 'Trench footings supporting one floor and a roof may be twelve 1121 inches wide. (211 Delete Chapter 31 in its entirety and insert in lieu thereof the following: Accessibility. Section 3101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-16 Division VII of the Iowa State Administrative Code. 1221 Amend the second paragraph of Section 3205 to read as follows: The clear openings shall not be less than twenty(201 by thirty 1301 inches. 1231 Amend the second unnumbered paragraph of Section 33061i1 to read as follows: The top of the handrail shall be placed not less than thirty 1301 inches nor more than thirty- eight(38)inches above the nosing of treads and landings. Handrails shall be continuous the full length of the stairs and, except for private stairways, at least one handrail shall extend in the direction of the stair run not less than twelve(121 inches beyond the top riser,nor less than twelve (121 inches beyond the bottom riser. Ends shall be returned or shall terminate in newel posts or safety returns. (241 Add an exception to Section 3306101 as follows: Exception: Within individual dwelling units the head room clearance may be six(61 feet six 161 inches. 125) Amend the second paragraph of Section 3309(cl to read as follows: All exit doors in an exit enclosure shall be protected by a fire assembly having a fire- protection rating of not less than one hour where one-hour shaft construction is permitted. and one and one-half(11:1 hours where two-hour shaft construction is required. Doors shall be maintained self-closing or shall be automatic closing by actuation of a smoke detector as provided for in Section 4306(h) of this code. In Group R Division t apartment houses, rooming houses, and congregate residences, doors shall be automatic closing by actuation of a smoke detector. The maximum transmitted temperature end point shall not exceed 450° above ambient temperature at the end of 30 minutes of the fire exposure specified in U.B.0 Standard No.43-2. 1261 Amend Section 3802(h)to read as follows: (h) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout apartment houses three 131 or more stories in height or containing sixteen(161 or more dwelling units,in congregate residences three 131 or more stories in height or having an occupant load of fifty 1501 or more. and in hotels three (3) or more stories in height or containing twenty (201 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. For the purposes of this section,area separation walls shall not define separate buildings in buildings constructed after May 10, 1989. (27) Amend Section 45061b1 to read as follows: (b) Construction. Awnings shall have non-combustible frames but may have combustible coverings. Every awning shall be collapsible or retractable. When collapsed,retracted or folded against the face of the supporting building, the awning shall not block a required exit. Exceptions: 1. A fixed awning not more than twenty 120) feet in length may be erected over a doorway or window of a building. 2. A fixed awning may be of any length when constructed of a flame retardant material and designed to allow ground ladder access to the upper level windows. The flame retardance of the material shall be integral to the fabric,not a temporary treatment. Ladder access shall comply with NFPA recommendations, as determined by the Fire Chief, 1281 Deletions. The following sections of the Uniform Building Code are not adopted: 1. Section 3051e1, 2 and 4. 2. Table No.3-A. 1291 UBC Appendix Chapter 70 is amended to read as follows: Chapter 70-EXCAVATION AND GRADING Sec.7001. Purpose. The purpose of this chapter is to protect and safeguard human life,property and the public welfare,and to protect environmentally sensitive areas by regulating grading on private and public property. Sec.7002. Scope. This chapter sets forth rules and regulations to control excavation,grading and earthwork construction,including fills and embankments;establishes the administrative procedure for issuance of permits:and provides for approval of plans and specifications, and inspection of grading. Sec.7003. Permits Required. No person,owner or responsible party shall do any grading in any areas described below without first having obtained a grading permit from the building official: 1. Property on which the natural terrain is at a horizontal to vertical slope of 3.5 horizontal to 1 vertical, or steeper, and having a vertical height exceeding nine feet within a horizontal distance of 27 feet; or 2. Flood hazard areas subject to Chapter 11, Article II,-Floodplain Management",of the Iowa City Code of Ordinances:or 3. Wetlands as defined in the Code of Federal Regulations(33 CFR 328.31 and regulated by the U.S.Army Corps of Engineers;or 4. Property traversed by a d'air.ageway as shown in blue on the U.S. Geological Survey quadrangle maps, 1983: as updated. /r cXV. Q3 -357 Sec. 7004. Hazards. Whenever the budding official determines that any existing excavation, � embankment, or fill on private property has become a hazard to human life, endangers property,or � adversely affects the safety,use or stability of a public way or drainage channel,the property owner or the responsible party for the affected property shall, atter receipt of notice in writing from the building official,take corrective action to repair or eliminate such excavation, fill or embankment so as to eliminate the hazard or dangerous conditions. Said repairs or corrective actions shall in all respects be in compliance with the requirements of this code, and shall be satisfactorily completed within the time period specified in the notice. Failure to take corrective actions shall be deemed a public offense, and shall be subject to the remedies set out in applicable state and local law for abatement of nuisances. Sec.7005. Definitions. For purposes of this chapter the definitions listed herein shall be construed as specified in this section. Terms not defined shall have the meanings customarily assigned them in Webster's New Collegiate Dictionary. APPROVAL shall mean that,in the opinion of the building official,the proposed work or completed work conforms to this chapter. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading a site. CIVIL ENGINEER is a professional engineer registered in the State of Iowa to practice in the field of civil engineering. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation,design and construction of civil works for the beneficial uses of humankind. COMPACTION is the densification of a fill by mechanical means. CUT is the portion of land surface or area from which earth material has been removed or will be removed by excavation. EARTH MATERIAL is any rock,natural soil or fill and/or any combination thereof. ENGINEERED GRADING is grading of 5,000 cubic yards or more,and requires the services of a civil engineer to prepare and certify a grading plan,and to inspect and certify the work completed conforms with the plan. EROSION is the wearing away of earth material as a result of the movement of wind,water,ice or any combination thereof. EXCAVATION is the mechanical removal of earth material. FILL is a ceposit of earth material placed by mechanical, man-made or other artificial means. GEOLOGIC FACTORS are factors pertaining to rocks or rock formations as they might affect the stability of slopes. GRADE is the vertical elevation of the ground surface. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to the approved plan. Finished Grade is the final grade of the site which conforms to the approved plan. GRADING is any excavating or filling or a combination thereof,and includes compaction. OWNER is any person, entity, business, firm,corporation, organization, association, partnership, venture or any combination thereof. and any agent,fiduciary or representative thereof,who owns or purports to own land or real property located within Iowa City. PERSON shall include individual persons,user,operator,responsible party, entity, business,firm, corporation, association, partnership, venture, or any combination thereof, and any agent, representative or fiduciary thereof. PROPERTY is land and real property,whether public or private, and includes any and all interests in real property whether legal, equitable, or any combination thereof. PUBLIC WAY means any area dedicated to the public, including but not limited to street right-of- way,sidewalks.alleys, and utility easements. REGULAR GRADING is grading involving less than 5,000 cubic yards which does not require the services of a civil engineer. RESPONSIBLE PARTY means any user, possessor,operator, permittee, or person who operates, possesses.occupies.manages or owns real property located within Iowa City. Responsible party shall also include the person responsible for assuring compliance with this chapter if notice of violation or noncompliance has been issued to that person by the building official. SITE is any lot or parcel of land, or contiguous combination thereof under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlaying bed rock. STEEP SLOPE is property on which the natural terrain is at a slope of 3.5 horizontal to 1 vertical, or steeper. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Sec. 7006. Grading Permit Requirements. (al Permits Required. As provided in Section 7003 of this code, no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be required for each site,and may cover both excavations and fills. lbl Application. The provisions of Sec.3021a)of this code are applicable to grading,and shall state an estimate of the cubic yards of earth material to be graded. (cl Plans and Specifications. Each application for a grading permit, whether regular grading or engineered grading, shall be accompanied by two sets of plans and specifications. Supporting data consisting of a soils report and geology report shall be submitted when required by the building official. When engineered grading is required pursuant to subsection(d)below, the plans and specifications shall be prepared and signed by a civil engineer. (d) Grading Designation. All grading of 5,000 cubic yards or more shall be performed in accordance with the approved grading plan prepared by a civil engineer,and shall be designated as"engineered grading." Grading involving less than 5,000 cubic yards shall be designated"regular grading"unless the permittee, with the approval of the building official, chooses to have the grading performed as "engineered grading"or the building official requires"engineered grading"pursuant to Sec.70061g1. fel Information on Plans and Specifications. Plans shall be drawn to scale upon stable, reproducible media, and shall be of sufficient clarity to indicate the nature and extent of the work proposed. The plans shall also show,in detail,that the grading activities will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the proposed grading work. the name and address of the person by whom they were prepared,and the name and address of the property owner or of the responsible party for the property. The plans shall include the following information: 1. General vicinity of the proposed site. 2. Names and addresses of adjacent property owners. 3. Property limits and accurate topographic map of the existing terrain with contour intervals of five feet or less and details of area drainage. 4. Limiting dimensions,elevations or finish contours to be achieved by the grading,and proposed drainage channels and related construction. 5. Detailed plans of all surface and subsurface drainage devices including walls,cribbing,dams and other protective devices to be constructed with,or as part of,the proposed grading work, together with a map showing the drainage areas and the estimated runoff for a 5-year return and a 100-year return frequency storm of the area served by any drains to be installed. 6. Location of any buildings or structures on the property where the proposed grading is to be performed,together with any buildings or structures on property adjacent to the proposed grading to the extent the buildings or structures are within fifteen feet of the proposed grading In addition, location of any property which may be substantially and materially affected by the proposed grading shall also be noted and shown on the plans. 7. Existing trees that are to be retained pursuant to Sec. 7011.1 of this code. Specifications shall contain information covering construction and material requirements. 111 Engineered Grading Requirements. For engineered grading,it shall be the responsibility of the civil engineer to design the grading plan using sound engineering practices and to incorporate all recommendations from the soils and geology reports into the grading plan. The civil engineer shall also be responsible for the professional inspection during the grading process and final approval of the grading when completed. This responsibility includes, but need not be limited to, inspection and approval as to the establishment of line,grade and drainage of the grading area. The civil engineer is the coordinating agent between any responsible party doing the actual grading work and the building official. Further,the civil engineer shall be responsible for the preparation of revised plans,and the submission of an updated grading plan upon completion of the work. Finally,the civil engineer shall submit a statement of compliance pursuant to Sec. 70151al. Soils and geology reports shall be required as specified below in subsections Ihl and lil. During grading,the civil engineer shall submit all necessary reports,compaction data and soils and geology recommendations to the building official. The civil engineer's inspection and approval concerning the adequacy and preparation of ground for the proposed grading operations shall include.but need not be limited to.the adequacy of the ground �"1 to receive fill;testing for required compactior stability of all finish slopes;the design of buttress fills, nk , q3 where required; the stability of cut slopes ,with respect to geological matters; and the need for subdrains or other groundwater drainage devices. The building official shall review the grading project at the various stages of the work in order to /^ monitor compliance with the approved plans. (� r Igl Regular Grading Requirements. The building official may require inspection and testing by an approved testing agency of any proposed or approved grading operation. Any such required inspection or testing shall be carried out at the building official's direction. When the building official has cause to believe that geologic factors may be iITrolved in the proposed or regular grading activities,the grading operation will be required to conform to'engineered grading"requirements as defined in this chapter. (hl Soils Report. The soils report required by Subsection lc) shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures;and design criteria for corrective measures including buttress fills,if needed. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. (i) Geology Report. The geology report required by Subsection (c) shall include an adequate description of the geology of the site,and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be incorporated in the grading plans or specifications, unless the building official has waived all or some of the recommendations or has approved revised recommendations. GI Issuance. The provisions of Section 303 of this code are applicable to grading permits. The building official may require that the grading operations and project designs be modified if delays occur which result from weather-generated problems not considered at the time the permit was issued. (k) Fees. All fees associated with each required permit shall be paid to the City as set forth in the Schedule of Fees, Section 32.1-55 of the Iowa City Code of Ordinances. Sec.7007. Reserved. Sec.7008. Assurance of Performance. When the grading permit is issued,the building official may require cash escrow,certificate of deposit, performance bonds or a letter of credit in order to assure that the work will be completed in accordance with the approved plans and specifications, and to assure all hazardous conditions are eliminated. Said cash escrows,certificate of deposit,performance- bonds or letters of credit shall be in an amount equal to 110%of the grading project, but in no event, shall the required amount exceed $10,000 or the cash equivalent. It is the intent of this section that cash escrow,certificate of deposit,performance bonds or letters' of credit shall not be deemed as a substitution for performance of the work,but that such instruments: shall stand solely as security to assure compliance with the grading requirements herein. Sec.7009. Cuts. • la) General. Unless otherwise recommended in the approved engineering, soils and/or geology report,cuts shall conform to the provisions of this section. Ib) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use,and shall be no steeper than the ratio of 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report,or both,stating that an investigation of the site reveals that a cut at a steeper slope will nonetheless be stable and will not create a hazard to life or to property. (c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012 of this code. Sec.7010. Fills. la) General. Unless otherwise recommended in the approved engineering, soils andior geology report, fills shall conform to the provisions of this section. (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than 3.5 horizontal to 1 vertical, except where the civil engineer determines the slope to be stable. (cl Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation,noncomplying fill,topsoil and other unsuitable materials,and by scarifying the surface to provide a bond with the new fill. Where slopes are steeper than five(51 horizontal to one 11 I vertical and the height of the fill location is greater than ten(t 0)feet,the ground surface shall be prepared by benching into material which is deemed competent for such benching by a civil engineer. The bench under the toe of fill on a slope steeper than five 151 horizontal to one(11 vertical shall be at least ten (10)feet wide. The area beyond the toe of fill shall either be sloped for sheet overflow,or a paved drain provided. When fill is to be placed over a cut,the bench under the toe of fill shall be at least ten 110) feet wide. However, in such event, the cut shall be approved by a civil engineer as a suitable foundation for fill. Idl Fill Material. Vegetative materials shall not be permitted in fills except in the top one foot of fill. Except as permitted by the building official,no rock or similar irreducible material shall be placed within two(21 feet of the finished grade. Where an excessive amount of irreducible material is found, it may be placed in the till in horizontal layers not exceeding four 14)feet in thickness. Each layer shall be leveled and smoothed by choking the surface of the irreducible material with soil or fine fragments of rock. lel Compaction. All fills on slopes of six 161 horizontal to one 11) vertical or steeper shall be compacted to a minimum of 90 percent of maximum density as determined by U.B.C.Standard to. 70-1 or equivalent ASTM standards. In-place density shall be determined in accordance with U.EC. Standard No. 70-2, 70-3. 70-4 or 70-5 or equivalent ASTM standards. If) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill sloes shall be no steeper than 3.5 horizontal to 1 vertical unless the owner or responsible party furnishes a soils or a geology report,or both,stating that the site has been investigated and that based on heir best information, knowledge and belief, fill at a slope steeper than 3.5 horizontal to 1 vertical Nll nonetheless be stable and will not create a hazard to life or property. I61 Drainage&Terracing. Drainage and terracing shall be provided for all fills. Areas abovi fill slopes and all terrace surfaces shall be graded and finished,as required by Section 7012. Sec.7011. Setbacks. lel General. Cut and fill slopes shall be set back from site boundaries in accordance with:his section. Setback dimensions shall be horizontal distances measured perpendicular to the site bouncry. Setback dimensions shall be as shown in Figure No.70-1. (b) Top of Cut Slope. The top of cut slope shall be made no closer to a site boundary line thanne fifth of the vertical height of cut, with a minimum of two 121 feet and a maximum of ten(101 fit. The setback may need to be increased for any required interceptor drains. (c) Toe of Fill Slope. The toe of fill slope shall be'made no closer to the site boundary line en one-half the height of the slope,with a minimum of two 121 feet and a maximum of twenty(20)fit. Where a fill slope is to be located near the site boundary and the adjacent off-site property is alr$y developed, special precautions may be required if, in the opinion of the building official, sh precautions are necessary to protect the adjoining property from damage. These precautions ty include,but are not limited to, the following: 1. Additional setbacks. 2. Provision for retaining walls or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. Id) Modification of Slope Location. The building official may approve alternate setbacks. e building official may also require an investigation and recommendation by a civil engineer, if ine opinion of the building official,such investigation is reasonably necessary to demonstrate the graig has complied with the intent of this section. Sec.7011.1 Tree Protection. Individual trees that are to be retained shall be protected from my during any grading work in the following manner: 11 A barricade shall be erected along the drip line of the retained trees. 2) Grading equipment may not be parked or stored within the drip line of any such retatd trees. 3) No soil or rubble shall be added to or removed from within the drip line of said trees. 4) Utility trenching techniques shall not be used under retained trees,nor within the drip lirof retained trees. Sec.7012. Drainage and Terracing. (al General. Unless otherwise indicated on the approved grading plan, drainage facilitiesand terracing shall conform to the provisions of this section for cut or fill slopes steeper than sj 161 horizontal to one(1)vertical. (b) Terrace. In order to control surface drainage and debris,terraces at least six(61 feet in eidth shall be established at not more than 30-foot vertical intervals on all cut or fill slopes. Where only cite terrace is required,it shall be established at midheight. For cut or fill slopes greater than 60 feet and If up to 120 feet in vertical height,one terrace at approximately midheight shall be twelve(12)feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of three percent 13%1, and roust be stabilized with an approved erosion-free channel. Said swales or ditches shall also have a minimum depth at the deepest point of one 111 foot and a minimum width of five 15)feet unless a civil engineer can demonstrate a smaller channel is appropriate. /i 1 OQ12 Q3- 3S7, 5 of S The capacity of a swale or ditch shall be adequate to convey the 100-year return frequency storm for the tributary area. (cl Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage, where such drainage is reasonably necessary to achieve stability. WI Disposal. All drainage facilities shall be designed to carry waters to the nearest approved drainage way. Erosion in the area of discharge shall be prevented by installing nonerosive down drains or other devices. as needed. Building pads shall have a drainage gradient of two percent 12%) from the building pad toward approved drainage facilities, unless waived by the building official. EXCEPTION: The gradient from the building pad may be one percent(1%) if all of the following conditions exist throughout the permit area: 1. Proposed fills are no greater than ten 1101 feet in maximum depth. 2. Proposed finish cuts or fill slope faces have a vertical height no greater than ten 110)feet. 3. Existing slope faces which have a slope face steeper than ten 1101 horizontally to one(1) vertically shall have a vertical height no greater than ten 1101 feet. lel Interceptor Drains. Interceptor drains shall be installed along the top of all cut slopes where the tributary drainage has been channelized, and there is a potential for continued erosion. Sec.7013. Erosion Control. (al Slopes. The faces of cut and fill slopes shall be prepared and maintained in accordance with Design Standards for Public Works Improvements, Section X Erosion and Sedimentation Control. Ibl Other Devices. Check dams, cribbing,riprap or other devices or methods shall be employed where reasonably necessary to control erosion and provide safety. Sec. 7014. Grading Inspection. la) General. All grading operations for which a permit is required shall be subject to inspection by the building official. When required by the building official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306 of this code. Notification of Noncompliance. If,in the course of fulfilling their responsibilities under this chapter, the civil engineer or the testing agency finds that the grading work is riot being done in conformance with this chapter or does not conform to the approved grading plans, the discrepancies shall be reported to the owner of the property. If the discrepancies continue, the Civil Engineer or the testing agency is responsible for reporting said discrepancies to the building official. Ib) Transfer of Responsibility for Approval. If the civil engineer or the testing agency of record is changed during the course of any grading work,the work shall be stopped until the replacement has agreed to accept responsibility for the work, and the work is within the competence of the testing agency and/or the civil engineer. Sec. 7015. Completion of Work. la) Final Reports. Upon completion of the rough grading work and at final completion of the grading work,the building official shall require the following reports,drawings and supplements thereto to be filed in the building official's office: 1. Certification from the civil engineer that the grading work was completed in substantial compliance with the final approved grading plan. as updated or revised. 2. An updated or revised grading plan prepared by the civil engineer,showing all revisions approved by the building official. This plan shall include ground surface elevations,lot drainage patterns,and locations and elevations of all surface and subsurface drainage facilities installed. (b) Notification of Completion. The owner,responsible party or person requesting the permit shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all required reports have been submitted and until all grading work has been completed in accordance with the final approved grading plans, including installation of all drainage facilities and their protective devices and all erosion-control measures. Upon granting final approval, the building official shall authorize the release of any escrows to the depositor and issue a certificate of compliance. Sec.7016. Enforcement. In all cases.the ultimate responsibility for compliance with this chapter shall rest with the owner of the property, notwithstanding the participation of any other responsible party. Any violation of this chapter or rules promulgated thereto shall constitute a nuisance and/or an environmental infraction under both state and local law. In such event, the City may, at its option, elect to carry out any one or all of the following remedies: prosecute environmental infractions under Section 1,Article II of the Iowa City Code of Ordinances;deny or revoke any permit under this chapter; abate the nuisance in accordance with Section 24 of Article VI of the Iowa City Code of Ordinances; and/or abate the nuisance under state law, Chapter 657, Iowa Code 119891. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATA. This Ordinance shall be in effect after its final passage,approval and publication as required by law, but not before June 1, 1993. Pa ed and approved this 1 I ch day of _ _ May 1993. MAYO f���1��� ATTEST:27/./ ,,.,rJ 4.1, -it/ CITY-CLERK 00570 May 19,1993 ItC rp - .3 ORDINANCE NO. 93-3573 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, "THE MECHANICAL CODE", BY ADOPTING THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the 1991 Edition of the Uniform Mechanical Code as prepared and edited by the International Conference of Building Officials; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. ADOPTION. Subject to the following amendments, the 1991 Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City Mechanical Code, or the Mechanical Code. SECTION 3. AMENDMENTS. Article IV of Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and the following new Article IV (Mechanical Code) is enacted in lieu thereof: ARTICLE IV. MECHANICAL CODE. Sec. 844. Adopted. Subject to the following amendments, the 1991 Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City Mechanical Code, or the Mechanical Code. Sec. 8-45. Amendments. The 1991 Edition of the Uniform Mechanical Code (UMC) is amended as follows: (1) UMC Section 304, Fees, subsection (b) is amended to read as follows: (b) Permit Fees. A fee for each permit, and fees for inspections associated with said permits, shall be paid to the Building Official, as established by resolution of Council. Where work for which a permit is required by this code is started prior to obtaining a permit, the fee specified in this code shall be doubled. The payment of a doubled fee shall not relieve persons from fully complying with the requirements of this code in the execution of their work nor from any other penalties prescribed herein. (2) UMC Section 509 is amended to read as follows: Equipment regulated by this code requiring electrical connections of more than 50 volts shall have a positive means of disconnect adjacent to and in sight from the equipment served. A 120-volt receptacle shall be located within 25 feet of the equipment for service and maintenance purposes. The receptacle shall be located on the same level as the equipment. Low-voltage Ordinance No. 93-3573. Page 2 wiring of 50 volts or less within a structure shall be installed in a manner to prevent physical damage. (3) Deletions. THE FOLLOWING SECTIONS OF THE UNIFORM MECHANICAL CODE ARE NOT ADOPTED: (1) Table 3-A (2) Section 304(c). (3) All Appendix Chapters. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law, but not before June 1, 1993. Passed and approved this 11th day of May , 1993. /hi MAYOR ATTEST: ler44- CITY CLE K Approved by Cit ttorney's Of'ce ice' Mcneduv.«d 1(0 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz Kubby x McDonald x Novick First Consideration 1 9 Vote for passage: AYES: arson,Mcoonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 4/27/91 Vote for Passage: AYES: Kubby, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: McDonald. Date published 5/19/93 /67 I4 } . , •--_. ,F CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3573 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of May , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of May 19 93 - Dated at Iowa City, Iowa, this 8th day of June , 19 93 . t Curl Lbebtea Susan Walsh Deputy City Clerk. lwdsh.ct CIVIC CENTER • 410 E. WASHINGTON ST. �4�` PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 336-5009 p r1F' fin okU. `t 3 -3S 73 OFFICIAL PUBLICATION Printer's fee $ 1:9ci S" ORDINANCE NO.93-3573 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, THE MECHANICAL CODE',BY CERTIFICATE OF PUBLICATION ADOPTING THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE WITH CERTAIN STATE OF IOWA, Johnson County, ss: AMENDMENTS THERETO. THE IOWA CITY PRESS-CITIZEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,that: FED. ID# 42-0330670 SECTION 1.PURPOSE. The purpose of this Ordinance is to adopt the 1991 Edition of the Uniform Mechanical Code as I prepared and edited by the International Conference of Building Officials;and to provide for certain amendments Margaret Rios, being duly sworn, thereof;to provide for the protection of the health,welfare and safety of the citizens of Iowa City,Iowa;and to provide say that I am the legal clerk offor the enforcement thereof and for the penalties for the .violation thereof. N. to lowing the IOWA CITY PRESS CITIZEN, SECTION 2.amendments,the D19911QEdition of the tUnit ormaMeo anical Code is hereby adopted. Said Code shall be known as the a newspaper published in said Iowa City Mechanical Code.or the Mechanical Code. SECTION 3. AMENDMENTS. Article IV of Chapter 8 of the county, and that a notice, a Code of Ordinances of the City of Iowa City,Iowa,is hereby repealed and the following new Article IV(Mechanical Code) printed copy of which is hereto is enacted in lieu thereof: ARTICLE IV. MECHANICAL CODE. attached, was published in said pc.8.44. Adopted. Subject to the following amendments. the 1991 paper / time(s), on the Edition of the Uniform Mechanical Code is hereby adopted. Said Code shall be known as the Iowa City following date(s): Mechanical Code,or the Mechanical Code. Sec.845. Amendments. (2 The 1991 Edition of the Uniform Mechanical Code 7 r C/ / 93 IUMC1 is amended as-follows: /// / Ill UMC Section 304. Fees. subsection fbl is amended to read as follows: Ib) Permit Fees. A fee for each permit,and fees for inspections associated with said. permits, shall be paid to the Building Official,as established by resolution of C Council. '...2.2/..-el..-2.-4. --,i,,,(-7,4 '�2.-4.�i(-7,4 ':..).-47 Where work for which a permit is required by this code is started prior to Legal Clerk obtaining a permit,the fee specified in this code shall be doubled.The payment of a doubled fee shall not relieve persons from fully complying with the Subscribed and sworn to before me requirements of this code in the execution of their work nor from any other penalties prescribed herein. this 3) day of JA ..A.ifie , A.D. 12) UMC Section 509 is amended to read as follows: Equipment regulated by this code 19_T--. requiring electrical connections of more , than 50 volts shall have a positive means of disconnect adjacent to and in / i / r sight from the equipment served. A 120-volt receptacle shall be located within 25 feet of the equipment for an, service and maintenance purposes. The receptacle shall be located on the same rlptary P blie level as the equipment. Low-voltage re ‘rf; STUBBS SHARON wiring of 50 volts or less within a structure shall be installed in a manner to prevent physical damage. Oyf I. 131 Deletions.THE FOLLOWING SECTIONS . - "--sr,,, OF THE UNIFORM MECHANICAL CODE ARE NOT ADOPTED: (11. Table 3-A 121 Section 3041c). 131 All Appendix Chapters. BECTfON IV, REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION V.SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall riot affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage.approval and publication, as provided py law,but not before June 1,1993. Passed and approved this 11 th day of May .1993. , MAYOR • // ATTEST: 7f�/ �Qiyy/ , CITY CL K 00561 May 19,1993 1/a l�l DrJ. L!L ORDINANCE NO. 93-3574 AN ORDINANCE AMENDING CHAPTER 12,ARTICLE II, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 1991 EDITION OF THE UNIFORM FIRE CODE AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 1991 edition of the Uniform Fire Code and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa and to provide for its enforcement. SECTION II. Section 12-16 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the following new Section 12-16 is enacted in lieu thereof. Section 12-16. Adopted. Subject to the following amendments, the 1991 edition of the Uniform Fire Code including all Appendix chapters is hereby adopted. SECTION III. Section 12-21 of the Code of Ordinances of the City of Iowa City, Iowa is hereby repealed and the following new Section 12-21 is enacted in lieu thereof. Section 12-21. Amendments. The following sections of the 1991 edition of the Uniform Fire Code are amended to read as follows: (1) Delete Section 2.303 and insert in lieu thereof the following: Board of Appeals. Section 2.303. To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon pertinent matters. The building official shall be an ex officio member and shall act as secretary to the Board. The Board of Appeals shall be appointed by City Council and shall hold office at their pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the building official. (2) Delete the definition of fireworks in Section 9.108 and insert in lieu thereof the following: Fireworks. The term fireworks shall mean and include any explosive composition or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, fireworks, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other device containing any explosive substance. The term fireworks shall not include gold star-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, no flitter sparklers in paper tubes that do not exceed one- eighth of an inch in diameter, nor toy snakes which contain no mercury nor caps used in cap pistols. /? Ordinance No. 93-3574. Page 2 (3) Amend Section 10.505(a) to read as follows: (a) General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the chief. Portable fire extinguishers shall be in accordance with U.F.C. Standard No. 10-1. The minimum rating of any required portable fire extinguisher shall be 2-A 10-B:C. (4) Amend Section 10.507(h) to read as follows: (h) Group R,Division 1 Occupancies. An automatic sprinkler system shall be installed throughout apartment houses having three (3) or more stories in height, or containing sixteen (16) or more dwelling units; in congregate residences having three (3) or more stories in height and having an obcupant load of fifty (50) or more; in hotels having three (3) or more stories in height or containing twenty (20)or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. For the purpose of this section, area separation walls shall not define separate buildings in buildings constructed after May 10, 1989. (5) Delete Sections 11.203 and 11.204 and insert a new Section 11.203 to read as follows: Section 11.203. Open burning prohibited. (a) No person shall ignite, cause to be ignited, permit to be ignited, allow, or maintain any open fire. • (b) Exceptions. Open burning of the following types may be permitted, in compliance with Fire Department guidelines, with a valid open burning permit from the Fire Department: (1) Ceremonial or controlled bonfires. Ceremonial or controlled bonfires may be permitted. (2) Disaster rubbish. The open burning of rubbish, including landscape waste, may be permitted for the duration of the disaster, in cases where an officially declared emergency exists. (3) Prescribed agricultural burns. The opening burning of fields may be permitted if necessary for the maintenance of native prairie grass. (4) Training fires. Fires set for the purpose of bona fide instruction and training of public, institutional, or industrial employees in the methods of fire fighting. (5) Flare stacks. Open burning or flaring of waste gas may be permitted. (c) Open burning for campfires and outdoor cooking is permitted without any burning permit if performed in an approved container constructed of steel, brick, or masonry. (6) Delete Section 11.304(a) and insert in lieu thereof the following: Section 11.304(a). A permit shall be obtained from the Fire Department prior to the use of a parade float for public performance, presentation, spectacle, entertainment or parade. (7) Delete Section 13.301 and insert in lieu thereof the following: Section 13.301. Fire drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the I? Ordinance No. 93-3574. Page 3 Iowa Administrative Code. Fire drills in Group R, Division 1, fraternities and sororities, shall be conducted in accordance with the following: (a) Fire drills shall be conducted once per academic semester, as approved by the Fire Department. (b) A record of all required fire drills shall be kept by the person in charge of the occupancy and forwarded to the Chief on an annual basis. Records of fire drills shall include the time and date of each drill held, the name of the person conducting such drill and the time required to vacate the building. (c) Fire drills shall include complete evacuation of all persons from the building. (d) The Fire Department shall be notified prior to each drill. (e) When a fire alarm is present, fire drills shall be initiated by the activation of the fire alarm system. (8) Delete Section 79.201(a) and insert in lieu thereof the following: Section 79.201(a). Storage of flammable and combustible liquids inside buildings in drums or other containers not exceeding 60 gallon individual capacity,and portable tanks not exceeding 300 gallon individual capacity, shall be in accordance with this division. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class 1-A liquids. Exceptions: (1) Liquids in the fuel tanks of motor vehicles, aircraft,boats,or portable or stationary engines. (2) The storage of liquids that have no fire point when tested in accordance with UFC Standard #9-6. (3) The storage of distilled spirits and wine in wooden barrels or casks. Portable tanks exceeding 300 gallons shall be in accordance with Division V. (9) Amend Section 79.601(a) to read as follows: (a) Location. Flammable and combustible liquid storage tanks located underground, outside or under buildings, shall be in accordance with this section. Tanks shall be located with respect to existing foundations and supports such that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing liquids to the nearest wall of a basement, pit, cellar or property line shall not be less than three (3)feet. A minimum distance of one (1) foot, shell to shell, shall be maintained between underground tanks. Underground tanks shall meet all requirements of the United States Environmental Protection Agency, the State of Iowa, and the Iowa City Zoning Ordinance. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. I'7 Ordinance No. 93-3574. Page 4 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in • effect after its final passage, approval and publication, as provided by law, but not before June 1, 1993. Passed and approved this 11th day of May . 1993. • I i i • AYOR ,/ ,/ / • ATTEST: //(/t, / �j . Irak' CITY CL K Apprr ved by CCC r / 77 L�./ ity Attorneys Office tibblfrcoda.ad 77 /7 It was moved by Ambrisco and seconded by McDonald that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x McDonald x Novick First Consideration 4/13/4 Vote for passage: Kubby, arson, McDonald, Novick,Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration 4/27/93 Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: McDonald. Date published 5/19/93 (� ;74Alien't ;JIM CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3574 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of May , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of May 19 93 Dated at Iowa City, Iowa, this 8th day of June , 19 93 . }At,OtIA1 Ukiah Susan Walsh • Deputy City Clerk (wdsh.crt • • CIVIC CENTER • 410 E. WASHINGTON ST. . cp,'9 PHONE (319) 356-5000 IOWA CITY IOWA 52200-1826 FAX(319) 356-5009 n -s ISE - ORD. g3-357'1 I4) Amend Section 10.5071h1 to read as tonows. /e (M Group R,Division t Occupancies.An automatic Printer's fee sprinkler system shay be installed throughout apartment houses having three (31 or more stories in height.or containing sixteen 116)or CERTIFICATE OF PUBLICATION more dwewng units;in congregate residences having three 131 or more stones in height and having an occupant load of ldty 1501 or more)in STATE OF IOWA, Johnson County, ss: hotels having three 131 or more stories in height or containing twenty 120)or more guest rooms. THE IOWA CITY PRESS-CITIZEN Residential or guickoresponse standard sprinklers shall be used in the dwelling units and FED. ID # 42-0330670 guest room portions of the building. For the purpose of this section. area . separation walls shall not define separate I buildings in buildings constructed after May 10, 1989. 151 Delete Sections 11.203 and 11.204 and insert a new Margaret Rios, being duly sworn, Section 71.203 to read as follows: say that I am the legal clerk of Section 11.203. Ogee burning preninte. (al No person span ignite,cause t0 be ignited.permit to the IOWA CITY PRESS-CITIZEN, be ignited,allow,or maintain any open fire. dal Exceptions. Open burning of the following types a newspaper published in said may be permitted, m compliance with Fire Department guidelines, with a valid open burning county, and that a notice, a permit from the Fire Department: (11 Ceremonial or controlled bonfires. Ceremonial or Controlled bonfires may be permitted. printed copy of which is hereto 121 Disaster rubbish. The open burning of rubbish, published in said including landscape waste.may be permitted attached, was for the duration of the disaster:in cases where an officially declared emergency exists. paper / time(s), on the 13) Prescribed agricultural burns. The opening burning of lields may be permitted if necessary following date(s). for the maintenance of native prairie grass. 141 Training tires. Fires set for the purpose of bona L7277 / 9`, . fide instruction and training of public, ���� / ' ' institutional, or industrial ernployees in the methods of lire lighting. 151 Flare stacks. Open burning or flaring of waste gas may be permitted. (c) Open burning for campfires and outdoor cooking is permitted without any burning permit it performed in an approved container constructed of steel,brick,or • Se /,J--Ir kms.)I, -u` (6) Delete re Sectioctio n 11.304lal and insert in lieu tnereol the following. Legal Clerk Section 11.3041e). A permit shall be obtained from the Fire Department prior to the use of a parade float for public performance, presentation, spectacle, Subscribed and sworn to before me entertainment or parade. 171 Delete Section 13.301 and insert in lieu thereof the following: this:- / day of 7)/1 ru--ti , A.D. Section 13.301. Fire drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the 19Iowa Administrative Code. Fire drills in GroR, _-3. up Division 1, fraternities and sororities, shall be conducted in accordance with the following' (a) Fire eons shall be beonce per academic >"�2� semester,as approved rovovedd byythe Fire department. lb) A record of all required fire drills shall be kept • by the person in charge of the occupancy and . - • • r . 111c forwarded to the Chief on an annual basis. re 1'. SHARON STUB: Records of lire drills shall include the time and o • date of each drill held,the name of the person • .xi `. • conducting such drill and the time required to 9q. vacate the building. - - - ' _ (c1 Fire drills shall include complete evacuation of all persons from the building (d) The Fire Department shall be notified prior to each drill. le) When a fire alarm is present,fire drills shall be OFFICIAL PUBLICATION initialed by the activation of the fire alarm system. ORDINANCE NO. 91-1574 (9) Delete Section 79.2011a)and insert in lieu thereof the following' I i,i1DINANCE AMENDING CHAPTER 12,ARTICLE II,FIRE Section 79.201(a). fEVENTION AND PROTECTION,BY ADOPTING THE 1991 Storage of flammable and combustible liquids EDITION OF THE UNIFORM FIRE CODE AND PROVIDING FOR inside buildings in drums or other containers not exceeding 60 gallon individual capacity.and portable CERTAIN AMENDMENTS THEREOF;TO PROVIDE FOR THE PROTECTIONHECITIZENS THE TY.WELFARE AND SAFETY OF tanks not exceeding 300 gallon individual capacity, THE CITIZENS OF IOWA CITY.IOWA shall be in accordance wife this divisionFor tnd t purpose of thisisarticle, Ilammable aerosols and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF unstable liquids shall be treated as Class 1.A liquids IOWA CITY,IOWA. Exceptions: SECTION I. PURPOSE The purpose of this ordinance is to 111 Liquids in the fuel tanks of motor vehicles. adopt the 1991 edition of.the Uniform Fire Code and to aircraft,boats,or portable or stationary engines. provide for certain amendments thereof;to provide for the 121 The storage of liquids that have no lire point protection of the health,welfare and safety of the citizens of when tested in accordance with UFC Standard Iowa City.Iowa and to provide for its enforcement. 19.6. SECTION It. Section 12-16 of the Code of Ordinances of the 131 The storage of distilled spirits and wine in City of Iowa City,Iowa is hereby repealed and the following wooden barrels or casks. new Section 12.16 is enacted in lieu thereof. Portable tanks exceeding 300 gallons shall be in Section 12-16. Adopted. accordance with Division V. Subject to the following amendments,the 1991 edition of 191 Amend Section 79.601lal to read as follows. the Uniform Fire Code including all Appendix chapters is lal Location. Flammable and combustible liquid hereby adopted. storage tanks located underground, outside or SECTION III. Section 12.21 of the Code of Ordinances Of under buildings,snail be in accordance with this the City of Iowa City. Iowa is hereby repealed and the section. Tanks shall be located with respect t0 following new Section 12-21 is enacted in lieu thereof. existing foundations and supports such that the Section 12.21. Amendments. loads carried by the latter.cannot be transmitted The following sections of the 1991 edition of the Uniform to the tank. The distance from any part of a Fire Code are amended to read as follows: tank storing liquids to the nearest wall of a 11l Delete Section 2.303 and insert in lieu thereof the basement,pit,cellar or property line shall not be following: less than three(3)feet. A minimum distance of rBoyd of Appeals. Section 2.303. one III foot.sneb to shell,snail be maintained To determine the suitability of alternate materials and between underground tanks. types of construction and to provide for reasonable Underground tanks shall meet all requirements interpretations of the provisions of this code,there shall 01 the United States Environmental Protection be and is hereby creased a Board of Appeals consisting Agency.the State Of Iowa.and the Iowa City of members who are qualified be experience and training Zoning Ordinance. to pass upon pertinent matters The building official SECTION IV. REPEALER. All ordinances and parts of shall be an ex officio member and shall act as secretary ordinances in conflict with the provisions of this Ordinance to the Board. The Board of Appeals shall be appointed are hereby repealed. by City Council and shall hold office at their pleasure. SECTION V.SEVERABILITY. If any section.provision or pan The Board shall adopt rules of procedure for conducting of the Ordinance shall be adjudged to be invalid or its business and shall render all decisions and findings in unconstitutional, such adjudication shall not al lett the writing to the appellant with a copy to the building validity of the Ordinance as a whole or any section,provision official. or part thereof not adjudged invalid or unconstitutional. 121 Delete the definition of fireworks m Section 9.108 and SECTION VI, EFFECTIVE DATE. This Ordinance shall be in insert in lieu thereof the following: effect atter its final passage,approval and publication, as Fireworks. The term fireworks shall mean and include provided by law,but not before.lune 1,1993. any explosive composition or combination of explosive Passed and approved this l I rh day of substances. or article prepared for the purpose of Hay ,1993. producing a visible or audible effect by combustion, explosion,deflagration or detonation,and shall include ,/ // blank cartridges. fireworks. torpedoes, skyrockets. else/ roman candles,or other fireworks of like construction ilri _, and any fireworks containing any explosive or •AYOR inflammable compound,or other device containing any explosive substance. The term fireworks shall not include gold star-producing sparklers on wires which // contain no magnesium or chlorate or perchlorate, no ATTEST: /rr.l. /ewe,/ litter sparklers in paper tubes that do not exceed ore- CITY CL K eighth of an inch in diameter, nor toy snakes which Contain no mercury nor caps used in cap pistols. 131 Amend Section t0.5051a1 to read as follows: 00563 May 19,1993 sal General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the chief. Portable fire extinguishers shall be in accordance with U.F.C. Standard No. 10.1. The minimum rating of any required portable fire extinguisher shall be 2-A 10-8:C. r7l I � C7rL� . c ORDINANCE NO. 93-3575 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, THE DANGEROUS BUILDING CODE, BY ADOPTING THE 1991 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS WITH CERTAIN AMENDMENTS THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt the 1991 Edition of the Uniform Code for the Abatement of Dangerous Buildings as prepared and edited by the International Conference of Building Officials, and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. AMENDMENTS. Article III of Chapter 8 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety and the following new Article III (Abatement of Dangerous Buildings) is hereby enacted in lieu thereof: Article Ill. Abatement of Dangerous Buildings Sec. 8-31. Code -Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, is hereby adopted subject to the following amendments. Said code shall be known as the Iowa City Abatement of Dangerous Buildings Code or the dangerous building code. Sec. 8-32. Same -Amendments. The Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: (1) Delete the definition of "Housing Code" in Sec. 301 and insert in lieu thereof the following: Housing Code is the Iowa City Housing Code as adopted in Chapter 17 of the Iowa City Code of Ordinances. (2) Delete Chapter 5 "Appeal" in its entirety and insert in lieu thereof the following: Chapter 5 Appeal Sec. 501.Any person affected by an action, interpretation or notice issued by the building official with respect to the enforcement of this code may appeal the decision of the building official to the Board of Appeals. Such appeal shall be in accordance with the procedures set forth in the By-Laws duly adopted by the Board. Sec. 8-33. Reserved. Sec. 8-34. Notice of proposed orders affecting historic properties. Except for emergencies as determined by the building official pursuant to the ordinances of the City of Iowa City, city enforcement agencies and departments shall give the historic preservation commission at least thirty (30) days notice of any proposed order which may affect the exterior features of any historic building for remedying conditions determined to be dangerous to life, health or property. I7 Ordinance No. 93-3575. Page 2 Sec. 8-35.-8-43. Reserved. SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law, but not before June 1, 1993. Passed and approved this 11th day of May , 1993. AYOR • ATTEST: 7 �S . CITY CLEE Approvfad by `. Cy Attorney's •ffice �j nAcne�mo. . a '5*./ I It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x McDonald Novick First Consideration 4/13/93 Vote for passage: AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson. NAYS: None. ABSENT: None. Second Consideration 4/27f93 Vote for Passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: McDonald. Date published 5/19/93 a 6 044. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3575 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of May , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of May 19 93 . Dated at Iowa City, Iowa, this 8th day of June , 19 93 . S0,a1 K• W eLtM Susan Walsh Deputy City Clerk lwa! h.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-3009 ;'�° l 1 OKE• Y.3"Jz2 /J OFFICIAL PUBLICATION a. ORDINANCE NO. 91-3575 • AR ORDINANCE AMENDING CHAPTER 8. ARTICLE III, THE DANGEROUS BUILDING CODE,BY ADOPTING THE 1991 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS WITH CERTAIN AMENDMENTS THERETO. $ @@ r1 Printer's fee BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY.IOWA.that: CERTIFICATE OF PUBLICATION SECTION 1.PURPOSE The purpose of this Ordinance is to adopt the 1991 Edition of the Uniform Code for the STATE OF IOWA, Johnson County, ss: Abatement of Dangerous Buildings as prepared and edited by ' the International Conference of Building Officials, and to THEIOWA CITY PRESS-CITIZEN provide for certain amendments thereof;to provide for the protection of the health,welfare and safety of the citizens of FED. ID # 42-0330670 folks City.Iowa;and to provide for the enforcement thereof and for the penalties for the violation thereof. SECTION 2. AMENDMENTS. Article III of Chapter 8 of the Code of Ordinances of the City of Iowa City,Iowa,is hereby repealed in its entirety and the following new Article III (Abatement of Dangerous Buildings)is hereby enacted in lieu Margaret Rios, being duly sworn, thereof: Article III. Abatement of Dangerous Buildings say that I am the legal clerk of Sec.8-31. Code-Adopted. the IOWA CITY PRESS-CITIZENThe Uniform Code for.the Abatement of Dangerous Buildings.1991 Edition,is hereby adopted subject to the following amendments. Said code shall be known a newspaper published in said as the Iowa City Abatement of Dangerous Buildings Code or the dangerous building code. county, and that a notice, a Sec.8-32. Same-Amendments. • The Uniform Code for the Abatement of Dangerous printed copy of which is hereto • Buildings. 1991 Edition,edited by the International Conference of Building Officials,is heresy amended as attached, was published in said follows: (1) Delete the definition of'Housing Code'in Sec. paper time(s), on the 301 and insert in lieu thereof the following: Housing Code is the Iowa City Housing Code following date(s): as adopted in Chapter 17 of the Iowa City Code of Ordinances. _ a qn /9 )•-3 � 12) Delete Chapter5'Appeal'in its entirety and ` //27 lieu t insert in lieu thereoff the following: Chapter 5 Appeal Sec.501.Any person affected by an action. interpretation or notice issued by the building official with respect to the enforcement of this ' cock may he appeal the Appeanls. . c building I �',� officialaltoithe Board of,th the, Such appeal l([ l shall be in accordance with the procedures set forth in the By-Laws duly adopted by the Board. Legal Clerk Sec.• 8served.B 34.3. ReNotice of proposed orders effecting h istode properties. Except for emergencies as determined by the Subscribed and sworn to before me building official pursuant to the ordinances of the City of Iowa City- city enforcement agencies and 1 departments shall give the historic preservation this� day of A.D. commission at least thirty(301 days notice of any proposed order which may affect the exterior features of any historic bulling for remedying conditions 19 determined to be dangerous to life,health or property. Sec.8.35.-8-43. Reserved. rale SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are 0111 �/ ' hereby repSE SECCTIONN4.SEVERABILITY. If any section,provision or pan • --- of the Ordinance shall be adjudged co be invalid or i SHAR• ON ,• , a unconstitutional, such adjudication shall not affect the JT7 s1t✓1� validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in .1' .. effect after its final passage,approval and publication, as provided by law,but not before June 1,1993. Passed and approved this 11th day of May .1993. 0' O. AYOR • • ATTEST: CITY CLE C 00562 May 19,1993 /V (-1-1 Lit ORDINANCE NO. 93-3576 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-65 TO REVISE CERTAIN FEES FOR THE RESERVATION, RENTAL, AND USE OF PARKS AND RECREATION FACILITIES EQUIPMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa should be and is hereby amended by repealing Section 32.1-65, and adopting in lieu thereof a new section to read as follows: Sec. 32.1-65. Fees and Charges Authorized in Chapter 25. Municipal Code Description Section of Fee, Authorizing Fee Charge, Charge, Fine or Fine or Penalty: Penalty: Charge: (a) Sec. 25-37. Fees for reservation or rental of facilities or equipment: 2. Social Hall $37.50/usage (3 hr. max.) 3. Meeting Rooms $7.50/usage (3 hr. max.) 4. Craft Room $7.50/usage (3 hr. max.) 6. Potter's Studio $30.00/season + clay fee 11. Softball/baseball field reservation: Without lights $6.50/2 hrs. With lights $20.00/2 hrs. 12. Park shelter reservation: Other parks: Fairmeadows $7.00 SECTION II. SEVERABILITY: If any provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full Ordinance No. 93-3576 Page 2 force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. P--d and -pproved this 21st day of May, •'3. /i�— As AYOR ' ATTEST: *2�ca�u2 7S" • 9f'2r CI CLERK Approved by > , C y Attorney's Office 1�/jc3 pub&recbarvlee.ord '9 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSTAIN: ABSENT: Ambrisco x Courtney x Horowitz X Kubby _ McDonald Novick First Consideration 5/11/93 Vote for passage: AYES: Novick, Ambrisco, Horowitz, McDonald. NAYS: Courtney. ABSTAIN: Kubby. ABSENT: None. Second Consideration Vote for passage: Date published 5/28/93 • Moved by McDonald, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Coun— cil meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. /9 ITm •ICYa . , �Ili t ,, CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3576 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of May , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of May 19 93 . Dated at Iowa City, Iowa, this 8th day of June , 19 93 • )(AA 041 il• a1/4141 Susan Walsh Deputy City Clerk wSsh.ert CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52200-1826 FAX(319) 356-5009 AO /617 OFFICIAL PUBLICATION ORDINANCE NO. 93-3575 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED 'TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-65 TO REVISE CERTAIN FEES FOR THE RESERVATION,RENTAL,AND USE OF PARKS i �+ AND RECREATION FACILITIES EQUIPMENT. Printer's fee BE IT ORDAINED BY THE CITY COUNCIL OF CERTIFICATE OF PUBLICATION THE CITY OF IOWA CITY, IOWA,THAT: STATE OF IOWA, Johnson County, ss: SECTION I. Chapter 32.1, 'Taxation and Revenues' of the Code of Ordinances of the THE IOWA CITY PRESS-CITIZEN City of Iowa City,Iowa should be aqd is hereby FED. ID# 42-0330670 amended by repealing Section 32.1-65, and adopting in lieu thereof a new section to read as follows: I, Margaret Rios being duly sworn Sec.32.1-65. Fees and Charges Authorized in f 7 Chapter 25. say that I am the legal clerk of Municipal Code Description the IOWA CITY PRESS-CITIZEN, Section of Fee, Authorizing Fee Charge, a newspaper published in said Charge, Fine or Fine or county, and that a notice, a Penalty: Penalty: Charge: printed copy of which is hereto (a) Sec. 25-37. Fees for reservation or rental attached, was published in said of facilities or equipment: paper / time(s), on the 2. Social Hall $37.50/usage (3 hr.max.) following date(s): 3. Meeting Rooms 57.50/usage (3 �J hr.max.) 7,77 a ? 9(jam 4. Craft Room 57.50lusage (3 c hr.max.) 6. Potter's Studio 530.00/season + clay fee 11. Softball/baseball field reservation: ce-7A.,472--L-&-1- ` .-; Without lights 56.50/2 hrs. With lights 520.00/2 hrs. Legal Clerk 12. Park shelter reservation: Other parks: Subscribed and sworn to before me Fairmeadows $7.00 SECTION II. SEVERABILITY: If any provisions this3J day of Ac;t ., A.D. of this Ordinance are for any reason declared I illegal or void,then the lawful provisions cf this Ordinance, which are severable from said / 193 unlawful provisions,shall be and remain in full / force and effect, the same as if the UrduAnce Pr -400:4L, SECTION no illegal or void provisions. SECTION III, REPEALER. All ordinances and (5.---e-0.---"L.--4-1,r-- parts of ordinances in conflict with the • provisions of this Ordinance are hereby c•" `+� SHARD lC repealed. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from ,o.rf and after its final passage and publication, as provided by law. P..-:d and .proved this 21st day of May, ••3 - , ily ,'/, i. AYOR ATTEST: „ „0 J CITIs CLERK 00617 May 28,1993 /7 t CJrJ. 'r; K- 90 ORDINANCE NO. 93-3577 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 71.05 ACRES OF LAND LOCATED NORTH OF ROHRET ROAD BETWEEN HUNTERS RUN AND SOUTHWEST ESTATES SUBDIVISIONS FROM ID-RS, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, the applicant, Kennedy- Hilgenberg Enterprises, has requested that the City rezone approximately 71.05 acres of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS,development of the subject tract at this time is considered out-of-sequence under the residential development sequence schedule of the 1989 Comprehensive Plan Update; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicant's rezoning request,over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the Public Works Department has determined that development of the subject tract will require an upgrade of the Westside Trunk Sewer; and WHEREAS, the applicant has agreed to develop this area in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference; and WHEREAS, the applicant acknowledges that the terms and conditions contained in the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code §414.5 (1991) and satisfy public needs directly caused by the requested zoning change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional Zoning Agreement as authorized by §414.5, Code of Iowa (1991), the property described 7 n Ordinance No. 93-3577 Page 2 below is hereby reclassified from its present classification of ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N00°53'42"E, 374.89 feet along the west line of the Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the point of beginning. Thence N00°53'42"E, 2265.59 feet along said west line, said line also being the easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of the Southwest Quarter of said Section 18; thence N01°06'12"E, 616.40 feet along the west line of the Northwest Quarter of said Section 18;thence S89°23'40"E, 1541.02 feet;thence S00°19'07"W,595.28 feet to a point on the north line of Hunter's Run Subdivision;thence S89°47'32"W,223.35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence S01°23'49"W, along the west line of Hunter's Run Subdivision 1961.15 feet to a point on the centerline of Rohret Road; thence S77°02'16"W along said centerline 1197.92 feet; thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears S74°45'07"W to the point of beginning. Said tract of land contains 85.3 acres, more or less, and is subject to easements and restrictions of record, and excluding the following: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, thence N00°53'42"E, along the west line of the Southwest Quarter 374.89 feet to a point on the centerline of Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears N74°45'07"E; thence N77°02'16"E, 221.44 feet along said centerline to the point of beginning; thence N12°57'44"W, 135.39 feet; thence NO2°17'44"W, 160.43 feet; thence N00°53'42"E,749.06 feet along a line parallel air) Ordinance No. 93-3577 Page 3 with the west line of the Southwest Quarter; thence S89°31'00"E, 675.85 feet; thence S01°23'49"W, 412.19 feet; thence 524°08'31"W, 147.59 feet; thence S13°13'45"W, 109.01 feet; thence S01°42'03"E, 109.10 feet; thence S12°37'44"E, 141.32 feet to a point on the centerline of Rohret Road; thence S77°02'16"W, 606.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest the Conditional Zoning Agreement between the owners of the property and the City, and to certify a copy of this Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Za Ordinance No. 93-3577 Page 4 Passed and approved this 8th day of June, 74.49j1 0AS S. MA OR �j // ATTEST: �'1(22rcau) 7�j( - W 1 CITY LERK Approv•. by � ff, .1 Or Hai- City Attorney's Office S/ 09 3 ppdadminUcen nedy.ord zo It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz x Kubby x McDonald Novick First Consideration 5/11/93 Vote for passage: AYES: Horowitz, Kubby, McDonald, Novick,Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/16/93 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances i be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. • ao ti CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Kennedy-Hilgenberg Enterprises (hereinafter "Owner"), and the City of Iowa City, a Municipal Corporation (hereinafter "City'). WHEREAS, Owner has requested the City to rezone approximately 71.05 acres of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID-RS, Interim Development Single-Family Residential, to RS-5 Low Density Single-Family Residential; and WHEREAS, Iowa Code§414.5 (1991) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, in order to satisfy public need directly caused by the request change; and WHEREAS, the 1989 Update of the Comprehensive Plan considers development of the subject area as out-of-sequence; and WHEREAS, the Public Works Department has determined that development of this area will require an upgrade of the Westside Trunk Sewer. NOW,THEREFORE, in consideration of the mutual promises contained herein,the Parties agree as follows: 1. Kennedy-Hilgenberg Enterprises is the owner and legal title holder of an approximately 71.05 acre tract of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions, more particularly described as follows: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N00°53'42E, 374.89 feet along the west line of the Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the point of beginning. Thence N00°53'42"E, 2265.59 feet along said west line, said line also being the easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of the Southwest Quarter of said Section 18; thence N01°06'12"E, 616.40 feet along the west line of the Northwest Quarter of said Section 18; thence S89°23'40"E, 1541.02 feet; thence S00°19'07"W, 595.28 feet to a point on the north line of Hunter's Run Subdivision; thence S89°47'32"W, 223.35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence S01°23'49"W, along the west line of Hunter's Run Subdivision 1961.15 feet to a point on the centerline of Rohret Road; thence 577°02'16'W along said centerline 1197.92 feet; thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears 574°45'07'W to the point of beginning. Said tract of land contains 85.3 acres, more or less, and is subject to easements and restrictions of record, and excluding the following: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, thence N00°53'42"E, along the west line of the Southwest Quarter 374.89 feet to a point on the 2 centerline of Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears N74°45'07"E; thence N77°02'16"E, 221.44 feet along said centerline to the point of beginning; thence N12°57'44"W, 135.39 feet;thence NO2°17'44"W, 160.43 feet;thence N00°53'42"E,749.06 feet along a line parallel with the west line of the Southwest Quarter; thence S89°31'00"E,675.85 feet;thence 801°23'49'W,412.19 feet;thence S24°08'31"W, 147.59 feet; thence S13°13'45"W, 109.01 feet; thence S01°42'03"E, 109.10 feet; thence S12°37'44"E, 141.32 feet to a point on the centerline of Rohret Road;thence S77°02'16"W, 606.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that development of the above-described land is considered out- of-sequence under the residential development sequence schedule set forth in the 1989 Comprehensive Plan Update and, therefore, subject to the developer paying the costs associated with the development of the subject tract. 3. The Parties acknowledge that development of the subject tract will require an upgrade of the Westside Trunk Sewer and the Owner therefore agrees to certain conditions over and above City regulations to lessen the impact of the development on the area. 4. • In consideration of the City's rezoning of the subject property from ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5 zone, as well as the following additional conditions: A. Owner shall pay all costs associated with development of the above-described land including the costs of streets, sidewalks, water mains, sanitary sewer, storm sewer, and storm water detention. Owner further agrees to pay those out-of- sequence costs typically subsidized or reimbursed by the City including those for oversized water mains, sanitary sewer lines and storm sewer lines and the cost of overwidth paving. B. Owner shall pay a pro rata share of the cost to upgrade the Westside Trunk Sewer. The City Engineer will calculate the Owner's pro rata share of the sewer upgrade for the approximately 71.05 acres described above based upon a service area of approximately 700 acres. C. No building permits for lots on the property described above will be issued until the upgrade of the Westside Trunk Sewer is completed. D. After completion of the Westside Trunk Sewer upgrade, Owner may obtain building permits for no more than 52 lots on the property described above prior to December 31, 1995, or the upgrade of Rohret Road, whichever occurs first. The 52 lots for which building permits may be issued must be located generally contiguous to the public school site. U' 3 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land pursuant to§414.5 (1991) and that said conditions are appropriate to satisfy public needs directly caused by the requested zoning change. 6. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the 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 shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8. The Owner acknowledges that nothing in this Agreement shall 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 shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this VI{ day of , 1993. CITY OF IOWA CITY, IOWA KENNEDY-HILGENBERG ENTERPRISES B ' �� •� " By: t-�.� �J r Darrel G. Courtney, ayor/ try Hi 1 genb- •C) Attest: 23ace.a,c) . y(�l�r� By: ` I Mahan K. Karr, City Clerk R. Kennedy • STATE OF IOWA SS: JOHNSON COUNTY ) this 4 day of e-im„t 1993, before me, SoY,drat nt , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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 20 4 Council, as contained in Ordinance No. 93- 357'1 passed by the City Council on the day of , 19 53 , and that Darrel G. Courtney 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. S ..s. -- Notary Public in and for the State of Iowa STATE OF IOWA )SS: JOHNSON COUNTY ) On this (2 day of March, 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jerry Hilgenberg, to me personally known, who being by me duly sworn did say that he is a partner in Kennedy-Hilgenberg Enterprises executing the within and foregoing instrument, that said instrument was signed on behalf of the partnership by authority of its Partnership Agreement; and that Jerry Hilgenberg as partner acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the partnership, by it and by him voluntarily executed. Notary Public in and for the State of Iowa ppdadm in\kennedy.cza Approved By :t . City Attorney's • ce 31,9"93 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this m day of ll , 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J.R. Kennedy, to me personally known, who being by me duly sworn did say that he is a partner in Kennedy-Hilgenberg Enterprises executing the within and „; foregoing instrument, that said instrument was signed on behalf of the partnership by authority of its Partnership Agreement; and that J.R. Kennedy as partner acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the partnership, by it and by him voluntarily executed. Notary Public in and for the State of Iowa 217 • • d y, CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3577 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of June , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of June 19 93 . Dated at Iowa City, Iowa, this 12th day of July , 19 93 . JA,(2441 Wa Susan Walsh Deputy City Clerk \wS,h.M • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 336-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 14:01° 2C) U. Y3- 3577 Section 1 ,T at the Southwest th Corner 6f t / e� Section 18,Township 79 North.Range 6 West of the Fifth Principal Meridian; • 9 thence N00`53'42"E, 374.89 feet along Printer's fee $ // 2? the west line of the Southwest Quarter said Section 18 to a point on 1 centerline of Rohret Road and the poi CERTIFICATE OF PUBLICATION of beginning. Thence N00°53'42"E, 2265.59 feet along said west line, said STATE OF IOWA,Johnson County,ss: line also being the easterly line of THE IOWA CITY PRESS-CITIZEN Southwest Estates,Parts 1 through 4,to the Northwest Corner of the Southwest FED. ID# 42-0330670 Quarter of said Section 18; thence N01°06'12"E,616.40 feet along the west line of the Northwest Quarter of said I, Section 18;thence S89°23'40"E,1541.02 Margaret Rios, being duly sworn, feet:thence S00°19'07"W,595.28 feet to a point on the north line of Hunter's Run say that I am the legal clerk of Subdivision;thence S89°47'32"W,223.35 the IOWA CITY PRESS-CITIZEN, feet to Her of unter''s the RunNorthwesterly ivison; thence a newspaper published in said S01°23'49"W, along the west line of Hunter's Run Subdivision 1961.15 feet to county, and that a notice, a a point on the centerline of Rohret Road; thenprinted copy of which is hereto centerlineee 577°197 92 alonge 1197.92 feel; thence attached, was published in said southwesterly 152.43 feet along said centerline on a 1910.00 foot radius paper _L__ time(s), on the curve, concave southeasterly, whose 152.36 foot chord bears S74°45'07"W to following date(s): / the point of beginning. Said tract of land )z,(/)-,_(2. J p containset 5.3 acres,morenor cand f G, 9/ subject to easements and restrictions of record,and excluding the following: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 �'""� West of the Fifth Principal Meridian,thence r'/ , / . Southw'42"E, along the west line of the C� CYy Southwest Quarter 374 89 feet to a point on the centerline of Rohret Road: thence Legal Clerk Northeasterly 152.43 feet, along said centerline on a 1910.00 toot radius curve, concave southeasterly, whose 152.36 foot Subscrib•d and s ors to before me chord bears N74°45'07"E; thence N77°02'16"E, 221.44 feet along said J centerline to the point of beginning;thence this .�L. day of , A.D. N12°57'44"W, 135.39 feet; thence NO2'17'44"W, 160 43 feet; thence 19Y3. N00°53'42"E,749.06 feet along a line parallel with the west line of the Southwest Quarter; thence S89°31'00-E, 675.85 feet; thence S01°23'49"W, 412.19 feet; thence ,`_,',, ( a.) S24'08'31"W, 147.59 feet; thence S13°13'45"W, 109.01 feet; thence .<<f ��y�.(d1I1I)11( S01°42'03"E, 109.10 feet; thence F /��+� ! SHARON STUt fig' 512°3744"E, 141.32 feet to a point on the '�i4;d1'' centerline of Rohret Road; thence 77'"''' S77°02'16"W, 606.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less, and is subject to easements and restrictions of record. OFFICIAL PUBLICATION SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, ORDINANCE NO. f5-357; Iowa, to conform to this amendment upon final passage, approval, and publication of this AN ORDINANCE AMENDING THE ZONING Ordinance as provided by law. ORDINANCE BY CONDITIONALLY CHANGING SECTION III. CERTIFICATION AND THE LAND USE REGULATIONS OF RECORDING. The Mayor is hereby authorized APPROXIMATELY 71.05 ACRES OF LAND and directed to sign,and the City Clerk to attest LOCATED NORTH OF ROHRET ROAD the Conditional Zoning Agreement between the BETWEEN HUNTERS RUN AND SOUTHWEST owners of the property and the City,and to certify ESTATES SUBDIVISIONS FROM ID-RS, a copy of this Ordinance and Conditional Zoning INTERIM DEVELOPMENT SINGLE-FAMILY Agreement for recordation in the Johnson County RESIDENTIAL, TO RS-5, LOW DENSITY Recorder's Office, upon final passage and SINGLE-FAMILY RESIDENTIAL. publication as provided by law. SECTION IV. REPEALER. All ordinances WHEREAS, the applicant, Kennedy- and parts of ordinances in conflict with the Hilgenberg Enterprises, has requested that the provisions of this Ordinance are hereby repealed. City rezone approximately 71.05 acres of land SECTION V. SEVERABILITY. If any located north of Rohret Road between Hunters section.provision or part of the Ordinance shall Run and Southwest Estates Subdivisions from be adjudged to be invalid or unconstitutional, ID-RS, Interim Development Single-Family such adjudication shall not affect the validity of Residential,to RS-5,Low Density Single-Family the Ordinance as a whole or any section, Residential;and provision or part thereof not adjudged invalid or WHEREAS,development of the subject tract at unconstitutional. this time is considered out-of-sequence underthe SECTION VI. EFFECTIVE DATE. This residential development sequence schedule of Ordinance shall be in effect atter its final the 1989 Comprehensive Plan Update;and WHEREAS, Iowa law provides that the City - of Iowa City may impose reasonable conditions passage,approval and publication as required by • , on granting the applicant's rezoning request,over law. MAYOR and above.existing regulations,to satisfy public needs directly caused by the requested change; Passed and approved this 8th day of June, ATTEST:� . and L92-1- CIT1^CLERK WHEREAS, the Public Works Department has determined that development of the subject CONDITIONAL ZONING AGREEMENT tract will require an upgrade of the Westside THIS AGREEMENT is made by and between Kennedy-Hilgenberg Enterprises (hereinafter Trunk Sewer;and "Owner"),and the City of Iowa City,a Municipal Corporation(hereinafter"City"). WHEREAS, the applicant has agreed to develop this area in accordance with the terms WHEREAS,Owner has requested the City to rezone approximately 71.05 acres of land located and conditions of the Conditional Zoning north of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID-RS, Agreement, attached hereto and made a part Interim Development Single-Family Residential,to RS-5 Low Density Single-Family Residential; hereof by this reference;and and WHEREAS,the applicant acknowledges that the terms and conditions contained in the WHEREAS,Iowa Code§414.5(1991)provides that the City of Iowa City may impose reasonable Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code §414.5 conditions on granting Owner's rezoning request.over and above existing regulations,in order (1991)and satisfy public needs directly caused to satisfy public need directly caused by the request change;and by the requested zoning change. NOW, THEREFORE, BE IT ORDAINED BY WHEREAS,the 1989 Update of the Comprehensive Plan considers development of the subject THE CITY COUNCIL OF THE CITY OF IOWA area as out-of-sequence:and CITY,IOWA,THAT: SECTION I. APPROVAL. Subject to the WHEREAS, the Public Works Department has determined that development of this area will terms and conditions of the attached Conditional require an upgrade of the Westside Trunk Sewer. Zoning Agreement as authorized by §414.5, Code of Iowa (1991), the property described NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree below is hereby reclassified from its present as'follows: classification of ID-RS, Interim Development Single-Family Residential,to RS-5,Low Density 1. Kennedy-Hilgenberg Enterprises is the owner and legal title holder of an approximately Single-Family Residential: 71.05 acre tract of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions,more particularly described as follows: ORP. ?3-35 77 Commencing at the Southwest Corner of Section 16,Township 79 North, Range 6 West of the Fifth Principal Meridian;thence N00°53'42"E,374.89 feet along the west line of the Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the point of beginning. Thence N00°53'42"E, 2265.59 feet along said west line, said line also being the easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of the Southwest Quarter of said Section 18;thence N01°06'12'E, 616.40 feet along the west line of the Northwest Quarter of said Section 18;thence S89°23'40"E,1541.02 feet;thence S00°19'07'W,595.28 feet to a point on the north line of Hunter's Run Subdivision;thence S89°47'32'W, 223.35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence S01°23'49"W, along the west line of Hunter's Run Subdivision 1961.15 feet to a point on the centerline of Rohret Road;thence S77°02'16"W along said centerline 1197.92 feet; thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curve,concave southeasterly,whose 152.36 foot chord bears S74°45'OTW to the point of beginning. Said tract of land contains 85.3 acres, more or less, and is subject to easements and restrictions of record, and excluding the following: Commencing at the Southwest Corner of Section 18,Township 79 North, Range 6 West of the Fifth Principal Meridian,thence N00°53'42'E, along the west line of the Southwest Quarter 374.89 feet to a point on the centerline of Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910.00 foot radius curve,concave southeasterly,whose 152.36 foot chord bears N74°45'07"E; thence N77°02'16"E, 221.44 feet along said centerline to the point of beginning; thence N12°57'44"W, 135.39 feet;thence NO2°17'44"W,160.43 feet;thence N00°53'42"E,749.06 feet along a line parallel with the west line of the Southwest Quarter; thence S89°31'00"E,675.85 feet;thence S01°23'49"W,412.19 feet;thence S24°08'31"W, 147.59 feet; thence S13°13'45"W, 109.01 feet; thence S01°42'03"E, 109.10 feet;thence S12°37'44-E, 141.32 feet to a point on the centerline of Rohret Road;thence S77°02'16"W,606.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres,more or less.and is subject to easements and restrictions of record. 2. The Parties acknowledge that development of the above-described land is considered out- of-sequence under the residential development sequence schedule set forth in the 1989 Comprehensive Plan Update and, therefore, subject to the developer paying the costs associated with the development of the subject tract. 3. The Parties acknowledge that development of the subject tract will require an upgrade of the Westside Trunk Sewer and the Owner therefore agrees to certain conditions over and above City regulations to lessen the impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from ID-RS, Interim Development Single-Family Residential,to RS-5,Low Density Single-Family Residential, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5 zone,as well as the following additional conditions: A. Owner shall pay all costs associated with development of the above-described land including the costs of streets,sidewalks,water mains.sanitary sewer,storm sewer, and storm water detention. Owner further agrees to pay those out-of- sequence costs typically subsidized or reimbursed by the City including those for oversized water mains,sanitary sewer lines and storm sewer lines and the cost of overwidth paving. B. Owner shall pay a pro rata share of the cost to upgrade the Westside Trunk Sewer. The City Engineer will calculate the Owner's pro rata share of the sewer upgrade for the approximately 71.05 acres described above based upon a service area of approximately 700 acres. C. No building permits for lots on the property described above will be issued until the upgrade of the Westside Trunk Sewer is completed. • D. After completion of the Westside Trunk Sewer upgrade,Owner may obtain building permits for no more than 52 lots on the property described above prior to . December 31,1995,or the upgrade of Rohret Road,whichever occurs first. The 52 lots for which building permits may be issued must be located generally contiguous to the public school site. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land pursuant to§414.5(1991)and that said conditions are appropriate to satisfy public needs directly caused by the requested zoning change. the event the subject 6 The Owner redeveloped, or subdivided, ded, all s that nredevel redevelopment will conform ew thsthenterms transferred, sold, this Agreement. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the 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 shall inure to the benefit of and bind • all successors,representatives and assigns of the Parties. 8, The Owner acknowledges that nothing in this Agreement shall be construed to relieve the Owner from complying with all applicable local,state and federal regulations. t this Agreement shall by 9 The refer nce1 into the Ordes agree inance rezoning the subjectbe poperty,and that upon adoption dannd publication of the Ordinance,this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this day of . . , 1993. C OF IOWA CITY,IOWA KENNEDY-HILGENBERG ENTERPRISES • By: ',J./A,1.#.2 By: Ad'.- Darrel G.Courtney,Ma 7.r tIVI�` 11119•nber•' Attest: 22�rru�w �C4�� . Kennedy Manan K.Karr,City Clerk ' 00205 June 16,1993 v ORDINANCE NO. 93-3578 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 13.98 ACRES OF LAND LOCATED SOUTHWEST OF TEG DRIVE AND EAST OF THE WESTERN SECTION OF ABER AVENUE, IOWA CITY, IOWA. WHEREAS, the City has initiated a zone change from Low Density Single-Family Residential (RS-5) to Public (P) zone; and WHEREAS, the subject property has been dedicated to the City of Iowa City by John and Allegra Dane; and WHEREAS, Section 36-30(8)(2) of the zoning ordinance specifies that property owned by governments shall be zoned P. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described on Exhibit "A" attached, is hereby reclassified from its present classification of RS-5 to P. SECTION II. ZONING MAP. The Building Inspector 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Zl Ordinance No. 93-3578 Page 2 Passed and approved this 8th day of Sje, 199,, awitai sI t.an MAYOR ���''��yyyyyyyyyy,,, • // ATTEST: iejoc) q�. 7 CITY CL�pK Approved by t City Attorney's Office 4112-4 done-pub.ord 21 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x McDonald x Novick First Consideration 5M /91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/16/93 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick. NAYS: None. ABSENT: None. Lk • Commencing at the Southeast Corner of Penny Bryn Addition Part Three, in accordance with the Plat thereof, Recorded in Plat Book 14 , at Page 58 , of the Records of the Johnson County Recorder's Office; Thence S00o37 ' 02 "E, along the West Line of Bryn Mawr Heights , Part 10 , in accordance with the Plat thereof, Recorded in Plat Book 16 , at Page 17 , Records of the Johnson County Recorder's Office, and the West Line of Bryn Mawr Heights, Part 12, in accordance with the Plat thereof Recorded in Plat Book 18 , at Page 41, Records of the Johnson County Recorder's Office, 855 . 26 feet, to the Southwest Corner of said Bryn Mawr Heights, Part 12 , and the Northwest Corner of Bryn Mawr Heights , Part 13, in accordance with the plat thereof recorded in Plat Book 21 at Page 71, Records of the Johnson County Recorder's Office; thence S00016 '20"E, along the West Line of said Bryn Mawr Heights, Part 13, 310 . 62 feet, to the Point of Beginning; Thence Continuing S00016 ' 20"E, along said West Line, 163 . 01 feet, to it's intersection with the North line of West Side Park, in accordance with the Plat thereof, Recorded in Plat Book 24, at Page 455 Records of the Johnson County Recorder's Office; thence 589037 ' 07 "W, (A RECORDED BEARING) , along said North Line, 1326 . 83 feet, to it's intersection with the East Line of Ty'n Cae, Part 3 , in accordance with the Plat thereof Recorded in Plat Book 24, at Page 18 , Records of the Johnson County Recorder's Office; thence N00037 ' 36 "W, along the said East Line, the East Line of Ty'n Cae, Part 1, in accordance with the Plat thereof, Recorded in Plat Book 17 , at page 24, Records of the Johnson County Recorder's Office, and the Northerly Projection thereof, 1329 .49 feet, to its intersection with the Westerly Projection of the South Lines of Penny Bryn Addition, Parts 2 and 3; Thence N89o38 '40 "E, along said Westerly Projection, 11. 82 feet, to the Northwest Corner of Park West, Part One, in accordance with the Plat thereof, Recorded in Plat Book 32 , at Page 328, Records of the Johnson County Recorder's Office; Thence 500041 ' 35 "E, along the Westerly Line of said Park West, Part One, 5 . 39 feet; Thence Southeasterly 185 . 26 feet, along said Westerly Line on a 213 . 09 foot radius curve, concave Northeasterly, whose 179 . 48 foot chord bears S25036 ' 00 "E; Thence 550030 ' 26 "E, along said Westerly Line 155 . 18 feet; Thence Southeasterly 177 . 49 feet, along said Westerly Line, on a 716 . 96 foot radius curve, concave Southwesterly, whose 177 . 03 foot chord bears 843024 ' 55 "E, to the Southwest corner of said Park West, Part One; Thence 36019 '24 "E, 50 . 00 feet; Thence Southeasterly, 171 . 56 feet, along a 360 . 72 foot radius curve, concave Southwesterly, whose 169 . 95 foot chord bears 522041 ' 54 "E; Thence S09004 ' 24 "E, 50 . 00 feet; Thence Southeasterly 255 . 77 feet, along a 353 . 68 foot radius curve concave Northeasterly, whose 250 . 23 foot chord bears 529047 ' 25 "E; Thence 550030 '26 "E, 135 . 20 feet; Thence 339029 ' 34 "W, 130 . 00 feet; Thence 550030 '26 "E , 210 . 00 feet; Thence S43041 ' 14 "E, 132 . 79 feet; Thence N89037 ' 07 "E , 264 . 83 feet; Thence N68029 ' 47 "E,. 119 . 79 feet; Thence N61033 '59 "E, 148 . 51 feet, to the Point of Beginning. Said Tract of Land Contains 13 . 98 Acres , more or less , and is subject to easements and restrictions of record. EXHIBIT "A' 24 4If,.�, i 1r�, r / � -sx I L CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3578 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of June , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of June , 19 93 Dated at Iowa City, Iowa, this 12th day of July , 19 93 K. Susan Walsh Deputy City Clerk \wslsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. rbc, PHONE (319) 356-5000 IOWA CITY IOWA 51740-1836 a. FAX(319) 136-3009 Ill 2J SECTION III. CERTIFICATION ANU 01<1.1. YS-+...,' 10 RECQRQING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Printer's fee y'_ Johnson County,Iowa,upon final passage and publication as provided by law. CERTIFICATE OF PUBLICATION SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the STATE OF IOWA, Johnson County, ss: provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, THE IOWA CITY PRESS CITIZEN provision or part of this Ordinance shall be FED. ID # 42-0330670 adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision I, or part thereof not adjudged invalid or Margaret Rios, being duly sworn, unconstitutional.SECTION VI EFFECTIVE DATE. This say that I am the legal clerk of Ordinance shall be in effect after its final passage,approval and publication, as required the IOWA CITY PRESS-CITIZEN, by law. a newspaper published in said Passed and approved this 8th day of county, and that a notice, a „Se, 199'S���j/ printed copy of which is hereto MAYOR - attached, was published in said 7/1.A./.4.--X9 y paper / time(s), on the • ATT ST: C/2724J4 9 7y/�4t following date(s): �} K j2e-'e-22-5?-__ ./,_ /i s EXHIBIT "A' _//!c-Q�ttyTiC��r ' - -' Commencing at the Southeast Corner of Penny Bryn Addition Part O Three, in accordance with the Plat thereof, Recorded in Plat Book Legal Clerk 14, at Page 58, of the Records of the Johnson County Recorder's Office; Thence 500037'02'E, along the west Line of Bryn Mawr Heights, Part 10, in accordance with the Plat thereof, Recorded in Subscribed and s. orn toefore me Plat Book 16, at Page 17, Records of the Johnson County Recorder's Office, and the West Line of Bryn Mawr Heights, Part 12, in accordance with the Plat thereof Recorded in Plat Book 18, at Page this�T day of I , A.D. 41, Records of the Johnson County Recorder's Office, 855.26 feet, to the Southwest Corner of said Bryn Mawr Heights, Part 12, and the 197:- 9� Northwest Corner of Bryn Mawr Heights, Part 13, in accordance with the plat thereof recorded in Plat Book 21 at Page 71, Records of the Johnson County Recorder's Office; thence 500016'20"E, along the West Line of said Bryn Mawr Heights, Part 13, 310.62 feet, to the Point of Beginning; Thence Continuing 500.16'20°E, along said West '''''', ----.0-1-54.------(---e1/4\r\ --1--:)-17,A.....--64 Line, 163.01 feet, to it's intersection with the North line of West '4)t4i ' Pili llC Side Park, in accordance with the Plat thereof, Recorded in Plat itil, $HARQN STU B�'$ Book 24, at Page 4 55 Records of the Johnson County Recorder's %� Office; thence S89037'07"W, (A RECORDED BEARING), along said North Line, 1326.83 feet, to it's intersection with the East Line of Ty'n '00., Cae, Part 3, in accordance with the Plat thereof Recorded in Plat Book 24, at Page 18, Records of the Johnson County Recorder's Office; thence N00037'36"W, along the said East Line, the East Line of Ty'n Cae, Part 1, in accordance with the Plat thereof, Recorded OFFICIAL PUBLICATION in Plat Book 17, at page 24, Records of the Johnson County Recorder's Office, and the Northerly Projection thereof, 1329.49 feet, to its intersection with the Westerly Projection of the South ORDINANCE NO. 93-5578 Lines of Penny Bryn Addition, Parts 2 and 3; Thence N89038'40"E, along said Westerly Projection, 11.82 feet, to the Northwest Corner AN ORDINANCE AMENDING THE ZONING of Park West, Part One, in accordance with the Plat thereof, ORDINANCE BY CHANGING THE USE Recorded in Plat Book 32, at Page 328, Records of the Johnson REGULATIONS OF APPROXIMATELY 13.98 County Recorder's Office; Thence S00041'35"E, along the Westerly ACRES OF LAND LOCATED SOUTHWEST OF Line of said Park West, Part One, 5.39 feet; Thence Southeasterly TEG DRIVE AND EAST OF THE WESTERN 185.26 feet, along said Westerly Line on a 213.09 foot radius SECTION OF ABER AVENUE, IOWA CITY, curve, concave Northeasterly, whose 179.48 foot chord bears 525.36'00"E; Thence S50030'26"E, along said Westerly Line 155.18 IOWA. feet; Thence Southeasterly 177.49 feet, along said Westerly Line, WHEREAS, the City has initiated a zone on a 716.96 foot radius curve, concave Southwesterly, whose 177.03 foot chord bears 543024'55"E, to the Southwest corner of said Park change from Low Density Single-Family West, Part One; Thence 36019'24'E, 50.00 feet; Thence Residential IRS-SI to Public IPI zone;and Southeasterly, 171.56 feet, along a 360.72 foot radius curve, WHEREAS,the subject property has beer concave Southwesterly, whose 169.95 foot chord bears 522041'54-E; dedicated to the Cityof Iowa City by John and Thence 509.04'24-E, 50.00 feet; Thence Southeasterly 255.77 feet, Allegra Dane; and along a 353.68 foot radius curve concave Northeasterly, whose WHEREAS, Section 36.30181121 of the 250.23 foot chord bears 529047'25"E; Thence 550030'26"E, 135.20 zoningordinancespecifiesthatpropertyowned feet; Thence 539029'34"W, 130.00 feet; Thence 550030'26"E, 210.00 by governments shall be zoned P. feet; Thence 543.41'14-E, 132.79 feet; Thence N89037'07"E, 264.83 NOW, THEREFORE. BE IT ORDAINED BY feet; Thence N68029'47"E, 119.79 feet; Thence N61033'59"E, 148.51 THE CITY COUNCIL OF THE CITY OF IOWA feet, to the Point of Beginning. Said Tract of Land Contains 13.98 CITY, IOWA: Acres, more or less, and is subject to easements and restrictions SECTION I. APPROVAL. That the property of record. - described on Exhibit 'A' attached, is hereby 00206 June16,1993 reclassified from its present classification of RS-S to P. SECTION II. ZONING MAP. The Building Inspector 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. 21 Ora, S K ORDINANCE NO. 93-3579 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADOPTING SECTION 36-82(d) TO PERMIT CONSTRUCTION OF SINGLE- FAMILY DWELLINGS ON NON-CONFORMING LOTS OF RECORD. WHEREAS,Section 36-82(c)provides that two contiguous lots under single ownership are considered a single property, and no portion of said property can be sold or used in a manner which diminishes compliance with lot frontage, width and area requirements; and WHEREAS, circumstances exist where construction of a single-family dwelling on ' nonconforming lots of record with insufficient lot area would be appropriate; and WHEREAS, the City recognizes the need to reduce unnecessary barriers to providing affordable housing; and WHEREAS,some buildable nonconforming lots of record could provide opportunities for lower cost housing due to their small size and location; and WHEREAS, Board of Adjustment review of applications for a special exception to establish a single-family dwelling on a nonconforming lot of record will ensure appropriate, compatible residential development and allow for neighborhood involvement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. Chapter 36, Division 4, entitled "NONCONFORMITIES," Section 36-82, entitled "Nonconforming lots," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adding thereto a new subsection (d) to read as follows: (d) In cases where a lot of record has become in single ownership and is deemed a single parcel as set forth in Section 36-82(c), the Board of Adjustment may grant a special exception to permit a single-family dwelling and accessory buildings to be erected on the lot of record notwithstanding a failure to meet the requirements of the zone for lot area, at • Ordinance No. 93-3579 Page 2 provided that the granting of the specific requested exception results in • appropriate, compatible development with surrounding residential development and meets all of the requirements of this Chapter, including setback and frontage requirements. SECTION II. REPEALER. All ordinances or 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 full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 8th day of June, 24*1 MAYOR ATTEST: Q.uA� IA/ CITY CLERK Approved by ')/al STh City Attorney's Office 54` ppdadthA3& 2d.o d Zz It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: • 21_ Ambrisco X Courtney X Horowitz X Kubby X McDonald Novick First Consideration 5/11/93 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, McDonald. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/16/93 Moved by McDonald, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. ZZ 1 i! e , re tsa , 3 I ,�✓'e*Ai s.- 4p 9 � l w,ae. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) • I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3579 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of June , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of June 19 93 Dated at Iowa City, Iowa, this 12th day of July , 19 93 . J K. Wa Susan Walsh Deputy City Clerk \walsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. Ode % PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 zz 01(11. 73-d511 . ^-) ---,--) OFFICIAL PUBLICATION Printer's fee $ - ORDINANCE NO. 93-3579 CERTIFICATE OF PUBLICATION AN ORDINANCE AMENDING THE ZONING STATE OF IOWA, Johnson County, ss: ORTODINANCE PERMIT CO STRUCTIONBY ADOPTING COFNS NGLE- THE IOWA CITY PRESS-CITIZEN FAMILY DWELLINGS ON NON-CONFORMING FED. ID# 42-0330670 LOTS OF RECORD. WHEREAS,Section 36-82(c)provides that two contiguous lots under single ownership are I, considered a single property, and no portion of Margaret Rios, being duly sworn, said property can be sold or used in a manner which diminishes compliance with lot frontage, say that I am the legal clerk of width and area requirements:and the IOWA CITY PRESS-CITIZEN, WHEREAS, circumstances exist where construction of a single-family dwelling on a newspaper published in said nonconforming lots of record with insufficient lot area would be appropriate:and county, and that a notice, a WHEREAS, the City recognizes the need to printed copy of which is hereto reduce unnecessary bare ers to providing affordable housing:and attached, was published in said WHEREAS,some buildable nonconforming lots of record could provide opportunities for lower paper i time(s), on the cost housing due to their small size and location; following date(s): and WHEREAS, Board of Adjustment review of applications for a special exception to establish a LL(/: l t /C /j 7,3 single-family dwelling on a nonconforming lot of G� record will ensure appropriate, compatible residential development and allow for neighborhood involvement. ( NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA ��/m �A P (- 1----'<--t"'3" CITY, WA: SECTION I. ZONING AMENDMENT. Chapter Legal Clerk 36, Division 4, entitled 'NONCONFORMITIES,' Section 36-82. entitled 'Nonconforming lots,'of the Code of Ordinances of the City of Iowa City, Subscrib d and sworn to before me Iowa, be and the same is hereby amended by adding thereto a new subsection(d)to read as follows: this day of , A D (d) In cases where a lot of record has become in single ownership and is 19 deemed a single parcel as set forth in 7 Section 36-82(c), the Board of / Adjustment may grant a special exception to permit a single-family S `�/ A ` A - _ A <� dwelling and accessory buildings to be •-...... erected on the lot of record NwtarV P blic notwithstanding a failure to meet the g`1a% SHARON STUBBS requirements of the zone for lot area. provided that the granting of the specific requested exception results in appropriate. compatible development with surrounding residential development and meets all of the requirements of this Chapter,including setback and frontage requirements. SECTION II. REPEALER. All ordinances or 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 full force and effect from and after its final passage. approval and publication,as provided by law. Passed and approved this ?th clay n' _:ne, Ii %1�� MAYOR / • ATTEST: 14-) 7i. 7i/4A/0 CITY CL RK - 00207 June 16,1993 o,d. Set_ ORDINANCE NO. 93-3580 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED 'TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-70 TO REVISE FEES FOR TRANSIT VEHICLE CHARTER SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-70, and enacting in lieu thereof a new section to read as follows: Sec. 32.1-70. Fees or Charges Authorized in Chapter 30. Municipal Code Description Section of Fee, Authorizing Fee Charge, Charge, Fine or Fine or Penalty: Penalty: Charge: Sec. 30-10 Charges for use of facilities, and/or personnel: 1. For use $30.00 per of city vehicle per transit hour . vehicle 2. For use $15.00 per of city per hour transit operator 3. For use $45.00 per of city hour plus transit fuel tax vehicle surcharge and operator SECTION II. SEVERABILITY: If any provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. 23 Ordinance No. 93-3580 Page 2 SECTION III. REPEALER. AU ordinances and parts of• ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION . IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. P„ -ed an. ••roved is 8th day of June, .93. ,..roved • AYOR yy��,, ,J ATTEST: i-��. t' . IA� CCI LERK Approved by:% C' Attorney's Office td---7/ 0 'J�r./9,3 prk.&r nelvwrv.ord 23 It was moved by McDonald and seconded by H re.stz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney X Horowitz X Kubby McDonald Novick First Consideration 4/27/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, Novick, Ambrisco. NAYS: None. ABSENT: McDonald. Second Consideration 5/11/93 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick. NAYS: None. ABSENT: None. Date published 6/16/93 Z3 NI 1. 9e a ))-'✓�#'Ilii-i • L p I --1/4“46....... 1 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3580 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of June , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of June , 19 93 . Dated at Iowa City, Iowa, this 12th day of July , 19 93 146_41 K t},4 Susan Walsh Deputy City Clerk Iwdeh.crt CIVIC CENTER • 410 E. WASHINGTON ST. • 9 PHONE (319) 356-5000 IOWA CITY IOWA 3110-1916 FAX(319) 356-5009 %$11 as Ok,). 9 —3580 OF F IC AL PUB LI CATION Printer's fee $ / 9'6/ ORDINANCE NO. 93-3580 Ili ORDINANCE AMENDING CHAPTER 32.1, ES' OF CERTIFICATE OF PUBLICATION ENTTHEITLED "TAXATION CODE OF ORDINANCES OF THE AND UCITY OF STATE OF IOWA, Johnson County, ss: IOWA CITY, IOWA, BY AMENDING SECTION y 32.1-70 TO REVISE FEES FOR TRANSIT THE IOWA CITY PRESS-CITIZEN VEHICLE CHARTER SERVICE. FED. ID # 42-0330670 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: I, SECTION I. Chapter 32.1, 'Taxation and Margaret Rios, being duly sworn, Revenues' of the Code of Ordinances of the say that I am the legal clerk of City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-70, the IOWA CITY PRESS-CITIZEN, and enacting in lieu thereof a new section to read as follows: a newspaper published in said county, and that a notice, a Sec. 32.1-70. Fees or Charges Authorized in Chapter 30. printed copy of which is hereto Municipal Code Description attached, was published in said Section of Fee, Authorizing Fee Charge, paper time(s), on the Charge,Fine or Fine or following date(s): Penalty: Penalty: Charge: / 9 Sec.30-10 Charges for use of �,�.�; / facilities, and/or personnel: 1. For use $30.00 per of city vehicle per transit hour vehicle //c, �1 c t (� PaJ 2. For use 515.00 per Legal Clerk of city per hour transit operator Subscri red and s orn to before me 3. For use $45.00 per of city hour plus this rr 1, day of 1- , A.D. transit fuel tax vehicle surcharge 194. and operator SECTION II. SEVERABILITY:are If ano declions ned of this Ordinance are for any reason declared Liat-- -.A;i7t2lk --A_Je't<----) illegal or void,then the lawful provisions of this lT` `,_r_y I"c Ordinance, which are severable from said unlawfyl provisions,shall be and remain in full of SHARON STUB force and effect, the same as if the Ordinance • contained no illegal or void provisions. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. P.s ed and •p oved this 8th day of June, MAYOR ATTEST: , RitGW,i 7171 CIT LERK 00208 June 16,1993 #) �J ORDINANCE NO. 93-3581 ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 55.14 ACRE TRACT OF LAND LOCATED WEST OF SCOTT BOULEVARD AND NORTH OF THE IOWA INTERSTATE RAILWAY FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OPDH-5, A PRELIMINARY PLANNED DEVELOPED HOUSING (PDH) PLAN FOR VILLAGE GREEN SOUTH, PARTS THREE- ) EIGHT, IOWA CITY, IOWA. WHEREAS, Village Green, South, L.C. (hereinafter "Village Green"), has requested the City to rezone an appropriate 55.14 acre tract of land located west of Scott Boulevard and North of the Iowa Interstate Railway from RS- 5, Low Density Single-Family Residential to OPDH-5, a Preliminary Planned Development Housing Plan (PDH); and WHEREAS, the requested zoning change ' would permit Village Green to construct a planned housing development of 84 zero lot line dwellings and 83 detached single-family residential dwellings while providing a 12.18 acre parkway including pedestrian trails, usable neighborhood open space and the required stormwater detention facilities; and WHEREAS, the Village Green South, Parts Three-Eight development clusters the proposed zero lot line dwellings in the south central portion of the parcel with the conventional single-family lots oriented towards major streets within the development and located adjacent to existing RS-5 zones to the north and west to minimize the impact of the proposed use modification on neighboring conventionally developed land; and WHEREAS, the density of the proposed development is consistent with the density designated for this area in the Comprehensive Plan; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy ' public needs directly caused by the requested change; and WHEREAS, the City wants to ensure the appropriate allocation and suitability of neighborhood open space and protection of environmentally sensitive areas; and Ordinance No. 93-3581 Page 2 WHEREAS, Village Green has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning -• Agreement to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement as authorized by Iowa Code §414.5 (1993), a copy of which is attached hereto and incorporated by reference herein, and subject to the approval of the final plat of Village Green South, Pans Three-Eight, the property legally described below is hereby reclassified from its present classification of RS-5 to OPDH-5, and the preliminary PDH plan submitted by Village Green South, L.C. for Village Green South, Parts Three-Eight is hereby approved: That portion of the Northeast Quarter of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian lying East of Village Green South Part 2 as recorded in Plat Book 18 at Page 67 of the Records of the Johnson County Recorder's Office; and North of the Northeasterly Right-of-Way line of the former Chicago, Rock Island and Pacific Railroad and West of the Westerly Right-of-Way line of Scott Boulevard. Said tract of land contains 55.14 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone have been approved as part of this preliminary PDH plan: • a. Zero lot line dwellings will be a permitted use. a. Modification of the minimum dimensional requirements of the underlying zone will be allowed to permit zero lot line development on lots having less width and area than required of conventional detached single- family residential development in the RS-5 zone. The lots used for zero lot lines will be clustered away from adjacent detached single-family residential development, and 12.18 acres of open space will be provided to offset the slightly increased density of the areas of the tract designated for zero lot line development. Z1f- Ordinance No. 93-3581 Page 3 b. Due to the single-family residential nature of the structures that will be constructed on this tract, the preliminary PDH plan -• requirement concerning submission of general building design sketches has been waived. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon t final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa. SECTION V. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owner of the property and the City, and to certify the Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following passage and approval of this Ordinance. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. 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 VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 22nd day of June, 191.. L1a • MAYOR • ATTEST: MCI .[ CITY LERK Z:'{- Ordinance No. 93-3581 Page 4 Approved by City Attorney's Office / 5/11113 ppd.dmin\villpin.ord 1 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _. x Ambrisco x Courtney x Horowitz x Kubby x McDonald x Novick First Consideration 6/8/4'1 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/30/93 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation (hereinafter"City") and Village Green South, L.C., an Iowa Limited Liability Company (hereinafter Village Green) and George and Marcia Nagel, husband and wife, Richard L. and Mary Lou McCreedy, husband and wife, and Jerry J. and JoAnn E. Hilgenberg, husband and wife (hereinafter "Owners"). WHEREAS, Owners are legal titleholders of a portion of the property legally described below; and WHEREAS,Village Green has contracted to purchase Owners property and is the legal titleholder to the balance of the property described below; and WHEREAS, Village Green has requested the City to rezone approximately 55.14 acres of land from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approve a Planned Development Housing (PDH) plan for property located west of Scott Boulevard and north of the Iowa Interstate Railway; and WHEREAS, Village Green has applied to rezone the parcel from RS-5 to OPDH-5 to permit a planned housing development containing zero lot line dwellings, which are not permitted in the RS-5 zone; and WHEREAS, Iowa Code §414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City wants to ensure the appropriate allocation and suitability of neighborhood open space and protection of environmentally sensitive areas; and WHEREAS, the parties acknowledges that certain conditions and restrictions are reasonable to ensure appropriate urban development on the eastern edge of Iowa City. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. George and Marcia Nagel, husband and wife, Richard L. and Mary Lou McCreedy, husband and wife and Jerry J. and JoAnn Hilgenberg, husband and wife, are the owners and legal titleholder of a portion of an approximately 55.14 acre tract of land located west of Scott Boulevard and north of the Iowa Interstate Railway, which property is more particularly described as follows: That portion of the Northeast Quarter of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian lying East of Village Green South Part 2 as recorded in Plat Book 18 at Page 67 of the Records of the Johnson County Recorder's Office;and North of the Northeasterly Right-of- Way line of the former Chicago, Rock Island and Pacific Railroad and West of the Westerly Right-of-Way line of Scott Boulevard. Said tract of land contains 55.14 acres, more or less, and is subject to easements and restrictions of record. 2. Village Green is the contract purchaser of the property owned by George and Marcia Nagel, Richard L. and Mary Lou McCreedy and Jerry J. and JoAnn Hilgenberg and is the owner and legal title holder of the balance of the property legally described above. 2f - 2 - 3. The parties acknowledge that the City desires to ensure appropriate allocation of open space and to protect environmentally sensitive areas. 4. In consideration of the City's rezoning of the subject property from RS-5 to OPDH-5, Village Green and Owners agree that development and use of the subject property will conform to the requirements of the OPDH-5 zone and the conditions of the PDH plan, as well as the following additional conditions: a) Prior to approval of the final plat and PDH plan, Village Green shall document the existence of state or federal jurisdictional wetlands on the site. If protected wetland? exist within the proposed development,Village Green must demonstrate that the development, as designed, will not negatively impact the wetlands. b) Village Green must construct the proposed walkways (trail) to conform with the Americans with Disabilities Act (ADA) requirements. At a minimum, the trail must be constructed at least eight feet in width. The trail must consist of a minimum base of four inches of 3/4-inch roadstone and a minimum topping of three inches of 3/8-inch base material (said materials to be compacted). c) Village Green must provide appropriate ground cover and landscape the parkway according to plans approved by the City. These plans must be submitted to and approved by the City prior to Council consideration of the final plat and administrative approval of the final PDH plan. If the City deems it in the public interest to accept dedication of the 12.18 acre parkway, this dedication must not be accepted until (a) the parkway improvements, including the stormwater detention facilities, are complete, and (b) construction has been completed on 90% of the lots abutting the parkway. d) Basements are permitted within the subdivision, subject to the following conditions: Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile with discharge into said drainage system. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the developer and/or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions concerning basements on lots abutted by a subsurface drainage system, the property owner's registered engineer shall certify the following: i) There is no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system; and ii) The foundation tile and sump pump have been properly installed to said subsurface drainage system. e) If a force main upgrade is required, Village Green must obtain sufficient off-site construction easements prior to final plat approval and final PDH plan approval. In addition, Village Green will enter into an agreement with the City regarding the 2± - 3 - installation and cost sharing of the proposed 12-inch water main on Scott Boulevard. f) A Grading and Erosion Control Plan must be approved by the Public Works Department prior to Council consideration of the preliminary plat and PDH plan. g) The connection of Wintergreen Drive to Sterling Drive is prohibited until the connection of Wintergreen Drive to the future Village Road extension is completed. 5. Village Green and Owners acknowledge that the additional conditions herein are reasonable conditions to impose on the land pursuant to Iowa Code §414.5 and that said conditions are appropriate, and satisfy public needs which are directly caused by the requested change. 6. Village Green and Owners acknowledge that in the event the subject property is transferred,sold, redeveloped, subdivided, divided or split, all redevelopment will conform with the terms of this Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the 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 shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 6. Village Green and Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve them from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. �� Dated this 2Z nb—day of Ma, 1993. CITY OF IOWA CITY By '% L✓re) dorA Darrel G. Courtney, Mayo Attest: utlix, 9S9 Marian K. arr, City Clerk 24 - 4 - VILLAGE GREEN SOUTH, L.C. By: Mitchell-Phipps Building & Design, Inc. Bynter) / Robed R. Mitchell, President Robert R. Phipps, Secretary George Na I 7?‘ 1176--- /17(117 J7 , Marcia Nagel f/ dit Richard L. McCree'dy / Gu � , / t4 Mary Lou McCreedy pJ. Hilgerrg 9o7/5 L - _ ' / Ann E. Hilgenberg Approved by: O • City Attorney's Office `'/ - 5 - STATE OF IOWA ) ss: JOHNSON COUNTY ) O this ZZ°�a day of ,,},,::,,.e_ , 1993, before me, Sc,yl,,,ct.e ,,,;- , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. c8 _35 g i passed by the City Council on the 2 2 ^, day of ,.),�, ,, , 19 53 , and that Darrel G. Courtney 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. Sy+,ctnrs to— Notary Public in and for the State of Iowa STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this day of 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personal) appeared Robert R. Mitchell and Robert R. Phipps, to me personally known, who being by me duly sworn did say that they are the President and Secretary, respectively, of Mitchell-Phipps Building & Design, Inc., an Iowa Corporation and a member of Village Green South, L.C., an Iowa Limited Liability Company, executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation as a member of the Limited Liability Company, by authority of said Limited, Liability Company's members and by the corporation's Board of Directors; and that the said Robert R. Mitchell and Robert R. Phipps, as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said corporation and Limited Liability Company, by each of them voluntarily executed. lra4i7 6 . :e_41.14 Notary RIblic in and for the State Of Iowa STATE OF IOWA ) )ss JOHNSON COUNTY ) On this //ter day of May, 1993, before me the undersigned, a Notary Public in and for the State, personally appeared George Nagel and Marcia Nagel, husband and wife, to me known to be the identical persons named in and who cuted the within and foregoing instrument, and acknowledged that they executed the sa as tpeir vlact and ed. Notary(/Public in and for e State of Iowa - 6 - STATE OF IOWA ) )ss JOHNSON COUNTY ) ot( On this // day of May, 1993, before me the undersigned, a Notary Public in and for the State, personally appeared Richard L. McCreedy and Mary Lou McCreedy, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they exec ted the sa as their vo nta ?ct and deed. I Notary Public in and for e State of Iowa STATE OF IOWA ) )ss JOHNSON COUNTY ) ii- On this /T day of May, 1993, before me the undersigned, a Notary Public in and for the State, personally appeared Jerry J. Hilgenberg and JoAnn E. Hilgenberg, husband and wife, to me known to be the identical persons name 'n and who executed the within and foregoing instrument, and acknowledged that they e cut d the me as their vol tary act and deed. • Notary Public in and for t e State of Iowa ppdad min\vil Ig rn.cza Z± Tl i • • YrIIT4- ...yr•�`� I �. „Ti �SII I I(T:' #'111 arrr- -) CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3581 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of June 19 93 • Dated at Iowa City, Iowa, this 12th day of August , 19 93 • jeA) Al• alatah Susan Walsh Deputy City Clerk \w61eh.ert CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 53340-1836. S91 FAX(3I9) 356-5009 a> 024/ bj20 93 -35t/ Printer's fee $ /---3c+2 yy / CrT 3 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: SECTION I. APPROVAL. Subject to the terms THE IOWA CITY PRESS-CITIZEN and condi ions of the Conditional Zoning FED. ID # 42-0330670 Agreement as authorized by Iowa Code 4414.5 ,1993),a copy of which is attached hereto and incorporated by reference herein, and subject to the approval of the final plat of Village Green I1 South, Parts Three-Eight, the property legally Margaret Rios, being duly sworn, described below is hereby reclassified from its present classification of RS-5 to OPDH-5,and say that I am the legal clerk of the preliminary PDH plan submitted by Village the IOWA CITY PRESS-CITIZEN, Green South, L.C. for Village Green South, Parts Three-Eight is hereby approved: a newspaper published in said That portion of the Northeast Quarter of and that a notice, a Section 24,th Townshipth 7North, Range 6 county, West of the 5th Principal Meridian lying printed copy of which is hereto East of Village Green South Part 2 as Y recorded in Plat Book 18 at Page 67 of the attached, was published in said Records of the Johnson County Recorder's paper / time(s), on the Office; and North of the Northeasterly 77 Right-of-Way line of the former Chicago, following date(s): Rock Island and Pacific Railroad and West of the Westerly Right-of-Way line of Scott 7 (7-=-: 9 J� Boulevard. Said tract of land contains J C l 55.14 acres,more or less,and is subject to • // easements and restrictions of record. SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone have been approved as part of this [ -eJ J L-16-43- preliminary PDH plan: a. Zero lot line dwellings will be a permitted Legal Clerk use. a. Modification of the minimum dimensional requirements of the underlying zone will be Subscribed and sworn to before me allowed to permit zero lot line development on lots having less width and area than this974 day of A requiredof conventional detached siR , A.D. famimilyyresidential development in the RS-5S-5 /� zone. The lots used for zero lot lines will 19 t 1 Z be clustered away from adjacent detached 7.�1 single-family residential development, and 12.18 acres of open space will be provided to offset the slightly increased density of the areas of the tract designated for zero r I lie lot line development. 44 • b. Due to the single-family residential nature 6..44:.r. SHAON$TL}g8$ of the structures that will be constructed on this tract, the preliminary PDH plan requirement concerning submission of general building design sketches has been waived. SECTION III. ZONING MAP. The Building OFFICIAL PHI.'CATION Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa ORDINANCE NO. 93-3581 City,Iowa,to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING SECTION IV, CERTIFICATION AND THE USE REGULATIONS OF AN RECORDINQ. The City Clerk is hereby APPROXIMATE 55.14 ACRE TRACT OF LAND authorized and directed to certify a copy of this LOCATED WEST OF SCOTT BOULEVARD AND Ordinance which shall be recorded at the Office NORTH OF THE IOWA INTERSTATE RAILWAY of the County Recorder of Johnson County, FROM RS-5, LOW DENSITY SINGLE•FAMILY Iowa. RESIDENTIAL, TO OPDH-5, A PRELIMINARY SECTION V. CONDITIONAL AGREEMENT.The PLANNED DEVELOPED HOUSING(PDHI PLAN FOR VILLAGE GREEN SOUTH,PARTS THREE- Mayor is hereby authorized and directed to EIGHT,IOWA CITY, IOWA. sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owner of the property and the City, and to WHEREAS, Village Green, South, L.C. (hereinafter"Village Green"),has requested the certify the Conditional Zoning Agreement for City to rezone an appropriate 55.14 acre tract Office recordationllin the Johnsonsageand apty approval ofRecorthis of land located west of Scott Boulevard and Office, following passage of this Ordinance. North of the Iowa Interstate Railway from 185- 5, Low Density Single-Family Residential to paCTION VI. REPEALER. All ordinances and OPDH-5, a Preliminary Planned Development parts of ordinancesof isinconflictewith the Housing Plan(PDH);and repealed. of this Ordinance are hereby WHEREAS, the requested zoning change repealed. wouldSECTION VII. SEVERABILITY. If any section, permit Village Green to construct a planned housing development of 84 zero lot provisiondjugor part invalidothe unconstitutional,ninance shallsuch be line dwellings and 83 detached single-family adjudged tshall oor affect tof residential dwellings while providing a 12.18 adjudication not the validity the Ordinance as a whole or any section,provision acre parkway including pedestrian trails,usable or part thereof not adjudged invalid or neighborhood open space and the required unconstitutional. stormwater detention facilities; and SECTION VIII. EFFECTIVE DATE. This WHEREAS, the Village Green South, Parts Ordinance shall be in effect after its final Three-Eight development clusters the proposed passage, approval and publication,as provided zero lot line dwellings in the south central by law. portion of the parcel with the conventional Passed and approved this 22nd day of lune, single-family lots oriented towards major streets within the development and located L9 v adjacent to existing RS-5 zones to the north and west to minimize the impact of the //' proposed use modification on neighboring -MAYOR � MAYOR conventionally developed land;and WHEREAS, the density of the proposed development is consistent with the density designated for this area in the Comprehensive ATTEST: "75". Plan;and CITY LERK WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions re venting an applicant's rezoning request, over and above existing regulations,to satisfy public needs directly caused by the requested change;and WHEREAS, the City wants to ensure the appropriate allocation and suitability of neighborhood open space and protection of environmentally sensitive areas;and WHEREAS, Village Green has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban development on the eastern edge of Iowa City. NOW THEREFORE,BE IT ORDAINED BY THE CO . COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: /?/� )K[)• YY:.J-fib OFFICIAL PUBLICATION OFFICIAL PUBLICATION CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation (hereinafter"City")and Village Green South,L.C.,an Iowa Limited Liability Company(hereinafter Village Green) and George and Marcia Nagel, husband and wife, Richard L. and Mary Lou McCreedy, husband and wife, and Jerry J. and JoAnn E. Hilgenberg, husband and wife (hereinafter"Owners"). WHEREAS,Owners are legal titleholders of a portion of the property legally described below;and WHEREAS,Village Green has contracted to purchase Owners property and is the legal titleholder to the balance of the property described below;and WHEREAS,Village Green has requested the City to rezone approximately 55.14 acres of land from RS-5, Low Density Single-Family Residential,to OPDH-5, Planned Development Housing Overlay,and approve a Planned Development Housing(PDH)plan for property located west of Scott Boulevard and north of the Iowa Interstate Railway; and WHEREAS,Village Green has applied to rezone the parcel from RS-5 to OPDH-5 to permit a planned housing development containing zero lot line dwellings,which are not permitted in the RS-5 zone;and WHEREAS,Iowa Code§414.5(1993)provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request,over and above existing regulations,to satisfy public needs directly caused by the requested change;and WHEREAS,the City wants'to ensure the appropriate allocation and suitability of neighborhood open space and protection of environmentally sensitive areas;and WHEREAS,the parties acknowledges that certain conditions and restrictions are reasonable to ensure acT.:,opriate urban development on the eastern edge of Iowa City. NOW,THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. George and Marcia Nagel, husband and wife, Richard L. and Mary Lou McCreedy, husband and wife and Jerry J.and JoAnn Hilgenberg,husband and wife,are the owners and legal titleholder of a portion of an approximately 55.14 acre tract of land located west of Scott Boulevard and north of the Iowa Interstate Railway, which property is more particularly described as follows: That portion of the Northeast Quarter of Section 24,Township 79 North, Range 6 West of the 5th Principal Meridian lying East of Village Green South Part 2 as recorded in Plat Book 18 at Page 67 of the Records of the Johnson County Recorder's Office;and North of the Northeasterly Right-of- Way line of the former Chicago,Rock Island and Pacific Railroad and West of the Westerly Right-of-Way line of Scott Boulevard. Said tract of land contains 55.14 acres, more or less, and is subject to easements and restrictions of record. 2. Village Green is the contract purchaser of the property owned by George and Marcia Nagel,Richard L.and Mary Lou McCreedy and Jerry J.and JoAnn Hilgenberg and is the owner and legal title holder of the balance of the property legally described above. 3 The parties acknowledge that the City desires to ensure appropriate allocation of open space and to protect environmentally sensitive areas. 4. In consideration of the City's rezoning of the subject property from RS-5 to OPDH-5, Village Green and Owners agree that development and use of the subject property will conform to the requirements of the OPDH-5 zone and the conditions of the PDH plan,as well as the following additional conditions: a) Prior to approval of the final plat and PDH plan,Village Green shall document the existence of state or federal jurisdictional wetlands on the site. If protected wetlands exist within the proposed development,Village Green must demonstrate that the development,as designed,will not negatively impact the wetlands. b) Village Green must construct the proposed walkways(trail)to conform with the Americans with Disabilities Act(ADA)requirements. At a minimum,the trail must be constructed at least eight feet in width. The trail must consist of a minimum base of four inches of 3/4-inch roadstone and a minimum topping of three inches of 3/8-inch base material (said materials to be compacted). c) Village Green must provide appropriate ground cover and landscape the parkway according to plans approved by the City. These plans must be submitted to and approved by the City prior to Council consideration of the final plat and administrative approval of the final POH plan. If the City deems it in the public interest to accept dedication of the 12.18 acre parkway,this dedication must not be accepted until (a) the parkway improvements, including the stormwater detention facilities, are complete, and (b) construction has been completed on 90%of the lots abutting the parkway. d) Basements are permitted within the subdivision, subject to the following conditions: Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile with discharge into said drainage system. Proper installation of the sump pump and foundation tile shall be the sole responsibility of the developer and/or contractor, and the City shall not be responsible for inspecting the installation of the sump pump and foundation tile. Discharge of the roof drains and downspouts of dwellings into the subsurface drainage system is prohibited. To ensure compliance with these provisions concerning basements on lots abutted by a subsurface drainage system,the property owner's registered engineer shall certify the following: i) There is no discharge of roof drains and downspouts of dwellings into the property's subsurface drainage system; and ii) The foundation tile and sump pump have been properly installed to said subsurface drainage system. e) If a force main upgrade is required,Village Green must obtain sufficient off-site construction easements prior to final plat approval and final PDH plan approval. In addition,Village Green will enter into an agreement with the City regarding the installation and cost sharing of the proposed 12-inch water main on Scott Boulevard. f) A Grading and Erosion Control Plan must be approved by the Public Works Department prior to Council consideration of the preliminary plat and PDH plan. g) The connection of Wintergreen Drive to Sterling Drive is prohibited until the connection of Wintergreen Drive to the future Village Road extension is completed. 5. Village Green and Owners acknowledge that the additional conditions herein are reasonable cor)ditions to impose on the land pursuant to Iowa Code§414.5 and that said conditions are appropriate, and satisfy public needs which are directly caused by the requested change. 6. Village Green and Owners acknowledge that in the event the subject property is transferred,sold,redeveloped,subdivided,divided or split,all redevelopment will conform with the terms of this Agreement. o%d- 93-35F 3 cf_3 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the 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 rrd by e his shall the benefit ofhand' The bind all successors,eepresentatiives andarties furthr acknowledge at tass assigns of the inure to Parties. 8. Village Green and Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve them from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance roperly;and and publication of the Ordinance,rezoning on this Agreement shall be recorded that the Joh sontl County Recorder's Office. Dated this 2z �d day of May, 1993. CITY OF IOWA CITY Attest: i.... A • 4 • Darrel G.Courtney,Mayo.- Marian K. arr,City Clerk VILLAGE GREEN SOUTH,L.C. By: Mitchell-Phipps Building&Design,Inc. L '/j( ' Bye• .z..,..; i . �-✓ 4 i Ali .tit Ro•ert R. Mitchell,President Rich- d L.McCreedy i By s� � Robert R.Phipps,Secretary Mary Lou McCreedy r.• .:= -. do �: J.HU.-n•'rg ill George Na,,,-I i /if_! / oAnn E.Hilgenberg Marcia Nagel 02387 June 30,1993 `X L Crd 31� ORDINANCE NO. 93-3582 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 6.92 ACRE TRACT LOCATED SOUTH OF SCOTT PARK AND NORTH OF FAIRVIEW GOLF COURSE FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO ID-RS, INTERIM DEVELOPM ENTSINGLE-FAM ILYRESI DENTIAL. WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Robert R. Mitchell, has petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, pursuant to Iowa Code §368.7, annexation of the property must be approved by both the City and the City Development Board; and WHEREAS, pursuant to the annexation policy of the Comprehensive Plan of the City of Iowa City, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant has agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the City Development Board approving the requested annexation of the property described below into the City of Iowa City and subject to Iowa Code §414.5 and the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property is hereby reclassified from its present classification of County RS, Suburban Residential, to ID-RS, Interim Development Single-Family Residential: aS Ordinance No. 93-3582 Page 2 Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence S00°02'42"E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence S00°02'42"E, 370.38 feet on said East line;Thence N89°28'11"W, 1217.03 feet Thence N36°18'05"E, 12.86 feet; Thence N56°21'31"E, 408.32 feet; Thence N85°44'22"E, 2917.52 feet; Thence N78°49'21"E, 326.95 feet; Thence N81 °37'27"E, 254.40 feet to the Point of Beginning. Said tract containing 6.92 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this ordinance as provided bylaw and notification from the City Development Board that the annexation is completed. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owner of the property and the City, and to certify the Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, following passage and approval, and subject to notification from the City Development Board that the annexation is complete. SECTION IV. REPEALER. All ordinances and parts of ordinances .in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 22nd day of June, 1993. a-5 Ordinance No. 93-3582 Page' rAYOR ' T • ATTEST: Ac tzir� 7 )'"u CITY CLERK Approved by la, City Attorney's Office SJS/qy ppdtlminVfwiew.ord Ls It was moved by Ambrisco and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: • Ambrisco Courtney X Horowitz X Kubby X McDonald X i Novick First Consideration 5/11/93 Vote for passage: AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 6/8/93 Vote for passage: AYES: Kubby, McDonald, Novick, Ambrisco, Courtney, Horowitz.- NAYS: None. ABSENT: None. Date published 6/30/93 2.5 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, a Municipal Corporation (hereinafter "City") and Robert R. Mitchell (hereinafter "Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 6.92 acres of land located south of Scott Park and north of Fairview Golf Course, legally described below, from the County designation of RS, Suburban Residential to ID-RS, Interim Development Single-Family Residential; and WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Robert R. Mitchell is the owner and legal title holder of the property located south of Scott Park and north of Fairview Golf Course, which property is more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence S00°02'42"E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence SO0°02'42"E, 370.38 feet on said East line; Thence N89°28'11"W, 1217.03 feet; Thence N36°18'05"E, 12.86 feet; Thence N56°21'31"E,408.32 feet;Thence N85°44'22"E,297.52 feet;Thence N78°49'21"E, 326.95 feet; Thence N81°37'27"E, 254.40 feet to the Point of Beginning. Said tract containing 6.92 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. 3. In consideration of the City's rezoning of the subject property from County RS, the Owner agrees that development and use of the subject property will conform to the requirements of the ID-RS, Interim Development Single-Family Residential Zone and further agrees that, as an additional condition, Owner shall pay all costs associated with providing infra- structure for development of the subject tract. 2_5 2 4. Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993) and that said conditions are appropriate to satisfy public needs directly caused by the requested zoning change. 5. Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 6. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the 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 shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. Owner acknowledges that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this Z2..1--/Iday of ..\1.4.4.€__ , 1993. CITY OF IOWA CITY, IOWA ROBERT R. MITCHELL By: ft/ (e.Arat By:I/ / Darrel G. Courtney, Ma tr Robert�elI Attest: kp ua u� 9C2i4/ _ Marian K. Karr, City Clerk Approved ,bye: City Atto nay's Office�� �— 5/ii/93 as 3 STATE OF IOWA SS: JOHNSON COUNTY ) Op_this 2.1— day of 3 , 1993, before me, So"dra-c ti y- , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. q3 - 3572_ passed by the City Council on the 2_2- "-- day of -,,,,,,4, , 19 93 , and that Darrel G. Courtney 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 • STATE OF IOWA )SS: JOHNSON COUNTY ) On this /1 day of May, 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert R. Mitchell, to me personally known, who being by me duly sworn did say that he is the owner and the titleholder of the subject property,that said instrument was signed by his authority as the owner and titleholder of the subject property; and that Robert R. Mitchel has acknowledged the execution of the foregoing instrument to be a voluntary act and deed by him voluntarily executed. LiraAv( �. 1 e (A , Notary Pubic in and for the State of(Iowa p pdadmin\mphipps.cza 25 1 •Nq1M 6 w i CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3582 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of June , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of June 19 93 . Dated at Iowa City, Iowa, this 12th day of August , 19 93 - 24/011) (Oal,(4 Susan Walsh . Deputy City Clerk 1walsh.crt • • CIVIC CENTER • 410 E. WASHINGTON ST. 41q5ppk 1rb� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 / '\ FAX(319) 356-5009 CrRO. q 3-35e.2, Printer's fee $ r `(j CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: CONDITIONAL ZONING AGREEMENT THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 THIS AGREEMENT is made by and between the City of Iowa City, a Municipal Corporation (hereinafter"City")and Robert R.Mitchell(hereinafter"Owner). .4 I, WHEREAS,Owner has requested the City to annex and rezone approximately 6.92 acres of land Margaret Rios, being duly sworn, located south of Scott Park and north of Fairview Golf Course,legally described below,from the County designation of RS, Suburban Residential to ID-RS, Interim Development Single-Family say that I am the legal clerk of Residential,and the IOWA CITY PRESS-CITIZEN, WHEREAS,Iowa Code§414.3(1993)provides that the City of Iowa City may impose reasonable a newspaper published in said conditions on granting Owner's rezoning request,over and above existing regulations,to satisfy public needs directly caused by the requested change;and county, and that a notice, a printed copy of which is hereto WHEREAS,pursuant to the annexation policy of the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing attached, was published in said infrastructure for development of the subject tract;and F ' paper d time(s), on the WHEREAS, Owner acknowlbdges that certain conditions and restrjctions are reasonable to following date(s): ensure appropriate urban development on the eastern edge of Iowa City. NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree - as follows: ''1� Q N /9 Cf'� 1. Robert R.Mitchell is the owner and legal title holder of the property located south of Scott J1/tiG J Park and north of Fa;rview Golf Course,which property is more particularly described as I follows: Commencing at the Northeast Corner of the Northwest Quarter of Section Legal Clerk 18, Township 79 North, Range 5 West of the 5th P M.; Thence S00°02'42"E,337 00 feet orrthe East line of said Northwest Quarter to the Point of Beginning; Thence S00`02'4Z'E, 370.38 feet on said East line; Subscribed and sworn to before me Thence N89°28'1114/. 1217.03 feet; Thence N36°18'05"E,'12.86 feet; Thence N56°21'31"E,408.32 feet;Thence N85°44'22"E,297.52 feet;Thence this g__ _day of , A.D. N78°49'21"E,326.95 feet;Thence N81°37'27"E,254.40 feet to the Point of Beginning. Said tract containing 6.92 acres,more or less,and is subject 19 to easements and restrictions of record. / 2. The Parties acknowledge that,pursuant to the annexation policy contained in the City's Comprehensive Plan,the proposed rezoning is subject to the developer agreeing to pay / / / all of the costs associated with providing infrastructure for development of the subject r� L...• tract. . l It E...a,: tic SHARONSTUBS$ 3. In consideration of the City's rezoning of the subject property from County RS,the Owner agrees that development and use of the subject property will conform to the requirements Pro o1 the ID-RS,Interim Development Single-Family Residential Zone and further agrees that, "" as an additional condition, Owner shall pay all costs associated with providing infra- structure for development of the subject tract. 4. Owner acknowledges that the conditions contained herein are reasonable conditions tc impose on the land under Iowa Code § 414.5 (1993) and that said conditions are appropriate to satisfy public needs directly caused by the requested zoning change. OFFICIAL PUBLICATION OFFICIAL PUBLICATION 5. Owner acknowledges that in the event the subject property is transferred, sold redeveloped, or subdivided, all redevelcpment will conform with the terms of thio ORDINANCE NO. .,3-3582 feet on the East line of said Northwest Agreement. Quarter to the Point of Beginning; Thence AN ORDINANCE AMENDING THE ZONING 500°02'42"E; 370.38 feet on said East 6. The Parties acknowledge that this Agreement shall be deemed to be a covenant runninc ORDINANCE BY CONDITIONALLY CHANGING line;Thence N89°28'11'W, 1217.03 feet; with the land and with the title to the land,and shall remain in full force and effect as THE USE REGULATIONS O F AN Thence N36°18'05'E. 12.86 feet;Thence covenant running with the title to the land unless or until released of record by the City APPROXIMATE 6.92 ACRE TRACT LOCATED N56°21'31-E. 408.32 feet; Thence The Parties further acknowledge that this Agreement shall inure to the benefit of and binc SOUTH OF SCOTT PARK AND NORTH OF N85°44'22'E, 297.52 feet; Thence all successors,representatives and assigns of the Parties. FAIRVIEW GOLF COURSE FROM COUNTY RS, N78°49'21'E, 326.95 feet; Thence SUBURBAN RESIDENTIAL.TO ID-RS,INTERIM N81°37'27"E, 254.40 feet to the Point of 7. Owner acknowledges that nothing in this Agreement shall be construed to relieve the DEVELOPMENTSINGLE-FAMILYRESIDENTIAL. Beginning. Said tract containing 6.92 Applicant from complying with all applicable local,state and federal regulations. acres, more or less, and is subject to WHEREAS,the subject property is presently easements and restrictions of record. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by located outside the Iowa City corporate limits; SECTION II. ZONING MAP. The Building reference into the Ordinance rezoning the subject property;and that upon adoption anc and drapeinspetot ise Zoniherengy authorized and directed Iowao to publication of the Ordinance,this Agreement shall be recorded in the Johnson County WHEREAS, the owner of said property, change the Zoning Map of the City of 9 Robert R. Mitchell, has petitioned the City of City,Iowa,to conform to this amendment upon Recorder's Office. Iowa City for voluntary annexation and the City final•passage,approval,and publication of this lit- is proceeding with same; and ordinance as provided by law and notification Dated this ZZ-day of Jw,4 _, 1993. WHEREAS. pursuant to Iowa Code 4368.7, from the City Development Board that the annexation of the property must be approved annexation is completed. by both the City and the City Development SECTION III. CONDITIONAL AGREEMENT. i' Board; and The Mayor is hereby authorized and directed to CITY OF IOWA CITY,IOWA 'ROBERT R. MITCHELL WHEREAS,pursuant to the annexation policy sign, and the City Clerk to attest, the of the Comprehensive Plan of the City of Iowa Conditional Zoning Agreement between the dame"- .1. / / City, the proposed rezoning is subject to the owner of the property and the City. and to � 4.G,74 developer agreeing to pay all of the costs certify the Ordinance and Conditional Zoning By. By. associated with providing infrastructure for Agreement for recordation in the Johnson Darrel G.Courtney, Ma 4 Robert R. ache development of the subject tract:and County Recorder's Office, following passage WHEREAS, Iowa law provides that the C,tv and approval, and subject to notification frgm h1� J /J of Iowa City may impose reasonable conditions the City Development Board that the Attest: ''CRM/ on granting the applicant's rezoning request, annexation is complete. Malian K. Karr, City Clerk over and above existing regulations, to satisfy SECTION IV. REPEALER. All ordinances and 02389 June 30,1 public needs directly caused by the requested parts of ordinances in conflict with the change; and provisions of this Ordinance are hereby WHEREAS, the Applicant has agreed to repealed. develop this property in accordance with the SECTION V. SEVERABILITY. If any section, terms and conditions of a Conditional Zoning provision or part of the Ordinance shall be Agreement to ensure appropriate urban adjudged to be invalid or unconstitutional,such development on the eastern edge of Iowa City. adjudication shall not affect the validity of the NOW,THEREFORE,BE IT ORDAINED BY THE Ordinance as a whole or any section, provision CITY COUNCIL OF THE CITY OF IOWA CITY, or part thereof not adjudged invalid or IOWA,THAT: unconstitutional. aECTION I. APPROVAL. Subject to the City SECTION VI. EFFECTIVE DATE. This Development Board approving the requested Ordinance shall be in effect after its final annexation of the property described below passage,approval and publication,as provided into the City of Iowa City and subject to Iowa by law. Code 4414.5 and the terms and conditions of Passed and approved this 22nd day of June the Conditional Zoning Agreement, attached 1993. hereto and incorporated by reference herein, the property is hereby reclassified from its ,r , present classification of County RS, Suburban '`,�� . Residential, to ID-RS, Interim Development %' 4.4 ,YOR Single-Family Residential: Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the ATTEST: ......) 5th P.M.; Thence S00°02'42'E, 337.0J CITY CL 2` Drd - ... K. ORDINANCE NO. 93-3583 AN ORDINANCE AMENDING CHAPTER 32.1 "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY AMENDING SECTION 32.1-55 THEREIN TO REVISE LANDFILL USE FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa be and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu there of a new Section to be codified the same to read as follows: Sec. 32.1-55. Fees or charges authorized in Chapter 15. Sec. 15-12 Fee for annual solid waste permit, per year $100.00 Fee for special waste permit, per year $800.00 Sec. 15-58 Landfill use fees Solid waste from Iowa City premises subject to a property tax and City- owned property Landfill fee per ton $44.25 State fee per ton as required Total fee per ton sum of Landfill and State fees All other solid waste Landfill fee per ton $49.25 State fee per ton as required Total fee per ton sum of Landfill and State fees Minimum fee in lieu of tonnage fees 15% of total fee per ton Sec. 15-54 Tire disposal fee, fee per pound, subject to minimum fee of $3 $0.07 Sec. 15-53 Appliance disposal fee, per item disposed $6.00 Appliance disposal fee, surcharge for crushed or damaged item, fee per item disposed $30.00 2,0 Ordinance No. 93-3583 Page 2 Sec. 15-51 Special wastes disposal fee The fee for disposal of special wastes shall be two (2) times the landfill use fees in this Section. Minimum fee shall be two (2) times the landfill use fee for one (1) ton. SECTION II. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law, but not before August 1, 1993. SECTION III. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. P - ed and approved this 20th day of 4July, tl••�. _ APX .�L/�� MAYOR ATTEST: /lJi.r� P J CITY CLERK Approved` / / by a� / (�i I / e iet___ City Attorney's Office (, -77- 93 p wadmin\ch32-1-a.ord 7/_ It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney x Horowitz Kubby Pigott McDonald x Novick • - First Consideration 6/22/93 _ Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, McDonald. NAYS: None. ABSENT: None. Second Consideration 7/6/93 Vote for passage: AYES: Kubby, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Date published 7/28/93 .. i 4 r: •44.-4-tti•enr4 1116— 9 x CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3583 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of July , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of July 19 93 . Dated at Iowa City, Iowa, this 12th day of August , 19 93 . _Lan/ Al, alie4 Susan Walsh Deputy City Clerk \wSeh.e,t • • CIVIC CENTER • 410 E. WASHINGTON ST. q. PHONE (319) 356-5000 IOWA CITY IOWA 32240-1826 FAX(319) 356-5009 i�P \e- 26 GCC, 7,1-,3 5 Y..3 OFFICIAL PUBLICATION ORDINANCE NO. 93-3533 AN ORDINANCE AMENDING CHAPTER 32.1 "TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA BY AMENDING SECTION 32.1-55 THEREIN TO REVISE LANDFILL USE FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa be and the same is hereby amended by repealing Printer's fee $ ?3.3o Section 32.1-55 thereof, and enacting in lieu there of a new Section to be codified the same to read as follows: CERTIFICATE OF PUBLICATION Sec.32.1-55. Fees or charges authorized in Chapter 15. STATE OF IOWA, Johnson County, ss: Sec. 15-12 THE IOWA CITY PRESS-CITIZEN Fee for annual solid waste permit, per year 5100.00 FED. ID# 42-0330670 Fee for special waste permit, per year $800.00 .Sec. 15-58 . Landfill use fees Margaret Rios, being duly sworn, Solid waste from Iowa city premises subject to a say that I am the legal clerk of property tax and City- the IOWA CITY PRESS-CITIZEN owned property Landfill fee per ton 544.25 a newspaper published in said State fee per ton as required Total fee per ton sum of Landfill county, and that a notice, a and State fees All other solid waste printed copy of which is hereto Landfill fee per ton $49.25 attached, was published in said State fee per ton as required Total fee per ton sum of Landfill paper time(s), on the and State fees following date(s): Minimumfee in lieu of ��i���_7� tonnage fees 15% of total ,7 V fee per ton / F93 Sec. 15-54 Tire disposal fee,fee per pound, subject;o minimum fee of$3 $0.07 Sec. 15-53 Appliance disposal fee, per C ✓�J/��Q.C�.rit�� 6PC4-Cf..) item disposed $6.00 0 Appliance disposal fee, Legal Clerk surcharge for crushed or damaged item,fee per item disposed $30.00 Subscribed and sworn to before me Sec. 15-51 Special wastes disposal fee p The fee for disposal of special wastes this ! . day of , A.D. shall be two 121 times the landfill use fees in this Section. 19 Minimum fee shall be two 121 times the landfill use fee for one(1)ton. / / SECTION II. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and atter or its final passage and publication, as provided �T7tary Pl blic by law, but not before August 1, 1993. SHARON STUBBS SECTION III. SEVERABILITY. If any the ° provisions of this Ordinance are for any reason declared illegal or void, then the lawful • provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION IV. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. P ed and approved this 20th day of July, i•• vide .numbzi MAYOR ATTEST: CITY CL 02206 July 28,1993 ,-)2l/J Did -y!4. . ORDINANCE NO. 93-3584 ORDINANCE AMENDING SECTION 10-35 OF THE CODE OF ORDINANCES OF IOWA CITY, AMENDING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES ANNEXED SINCE 1991. SECTION I. PURPOSE. The purpose of this amendment is to revise the voting precincts in Iowa City to reflect the inclusion of lands annexed to the corporate limits since 1991. SECTION II. AMENDMENT. Section 10-35(9) of the Code of Ordinances is hereby amended by deleting said section and substituting in lieu thereof the following: (9) Precinct nine 19): Beginning at the southern intersection of the corporate limits of the City of Iowa City and the center line of the Iowa River channel, north along the center line of the Iowa River channel to Highway 6, west along Highway 6 to its intersection with Highway 1 at Riverside Drive, west along Highway 1 to Miller Avenue, north along Miller Avenue to West Benton Street, west along West Benton Street to its intersection with Mormon Trek Boulevard, southerly along Mormon Trek Boulevard, to southern corporate limits of the City of Iowa City, starting east follow corporate limits of City of Iowa City to point of beginning. Precinct Nine (9) shall also include the following described property: Commencing at the Northwest Corner of the Northwest Quarter of Section 21, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S89°48'37"E, a recorded bearing, along the North Line of said Northwest Quarter of Section 21, 492.80 feet, to a point on the Southeasterly Right-of-Way Line of Iowa Primary Road No. 1, which is the POINT OF BEGINNING; Thence S89°48'37"E, along said North Line of the Northwest Quarter of Section 21, 826.66 feet, to the Northeast Corner of the Northwest Quarter of said Northwest Quarter of Section 21; Thence SO1 °47'41"W, along the East Line of said Northwest Quarter, 583.50 feet, to its intersection with the Northerly Line of the 40.04 Acre Parcel acquired by Condemna- tion, in the name of the City of Iowa City, Iowa, the proceedings of which are recorded in Book 904, at Page 71, of the records of the Johnson County Recorder's Office; Thence S71 °00'00"W, along said Ordinance No. 93-3584 Page 2 Northerly Line, 890.50 feet, to an Iron Pin Found on said Northerly Line; Thence N74°22'00"W, along said Northerly Line, 500.40 feet, to a point on the West Line of said Northwest Quarter of Section 21; Thence N01°45'00"E, along said West Line, 70.08 feet, to its intersection with said Southeasterly Right-of-Way Line of Iowa Primary Road No. 1; Thence N37°25'08"E, along said Southeasterly Line, 844.82 feet, to the Point of Beginning. Section 10-35(16) of the Code of Ordinances is hereby amended by deleting said section and substituting in lieu thereof the following: (16) Precinct sixteen (16): Beginning at the intersection of the eastern corporate limits of the City of Iowa City and Scott Boulevard, east, then north, along eastern corporate limits of City of Iowa City, then west along eastern corporate limits of City of Iowa City to Court Street, west along Court Street to Kenwood Drive, south along Kenwood Drive to Friendship Street, westerly along Friendship Street to First Avenue, south along First Avenue to Muscatine Avenue, east along Muscatine Avenue to Scott Boulevard, south along Scott Boulevard to point of beginning. Precinct 16 (16) shall also include the following described property: The east 410 feet of the west 1070 feet of the south 830 feet of Section 12, Township 79 North, Range 5 West of the Fifth Principal Meridian, excepting therefrom that portion of Court Street which lies within the limits of the above-described parcel. Precinct sixteen (16) shall also include the following described property: All that part of the E '% of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE '/ of said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE % of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an assumed bearing of NO°09'30" West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South 300.0 feet; thence West 115.0 feet; thence South 300.0 Ordinance No. g3_35R4 Page 3 feet; thence East 75.0 feet; thence South 2°47'0" East 921.87 feet; thence South 67°25'30" East 257.94 feet; thence South 22°34'30" West 538.94 feet to the centerline of the American Legion Road; thence North 67°24'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18, T79N, R. 5W of the 5th P.M.;thence S0°00130" E, 3165.25 feet along the east line of said Section to the point of beginning; thence SO°00'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N67°24'20"W, 808.21 feet along the centerline of American Legion Road; thence N22°35'40"E, 538.98 feet; thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89°57'00" East 881.71 feet to a point (for purposes • of this description, the North line of said Lot 29 is assumed to bear due East); thence South 1°3'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 1°3'00" East 441.00 feet to a point; thence South 88°57'00" West 292.00 feet to a point; thence North 1°3'00" West 150.00 feet to a point; thence North 31 °50'22" East 178.63 feet to a point; thence North 1°3'00" West 61.00 feet to a point; thence North 28°18'28" East 91.79 feet to a point; thence N88°57'00" East 150.00 feet to the point of beginning and containing 2.4 acres more or less, and except: Commencing as a point of reference at the NE corner of Sec. 18, Twp. 79N., Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 50°00'30" East 1,469.72 feet along the East line of the Northeast quarter of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only); thence South 89°57'00" West 166.00 feet to a point; . Ordinance No. 93-3584 Page 4 thence North 0°00'30"West 188.00 feet to a point;thence South 89°57'00" West 159.00 feet to a point; thence South 0°00'30" East 364.09 feet to a point; thence North 89°57'00" East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18;thence North 0°00'30" West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: Commencing as a point of reference at the Northeast corner of Sec. 18, in Twp. 79N, R. 5 West of the 5th P.M., thence S0°00'30" east 1281.72 feet along the East line of the NE 34 of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00" West 33.00 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00" West 133.00 feet to a point, thence South 0°00'30" East 188.00 feet to point; thence North 89°57'00" East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road; thence North 0°00'30" West Part of the NE %4 of Sec. 18, Twp. 79N, R. 5 West of the 5th P.M., described as follows: Commencing as a point of reference at the NE corner of said Sec. 18, thence SO°00'30" East, 1146.72 feet along the east line of the NE '/4 of said Sec. 18 to a point (this is an assumed bearing for purposes of this description only); thence S89°57'00" West 33 feet to a point of intersection with the Westerly right-of- way line of the County Road and point of beginning of tract herein described; thence continuing South 89°57'00" West 292.00 feet to a point, thence South 0°00'30" East 135 feet to a point, thence North 89°57'00" East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0°00'30" West 135.00 feet along the Westerly right-of- way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M.,thence Ordinance No. 93-3584 Page 5 SO°00'30" E 991.72 feet along the East line of said section to the point of beginning, (the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa;thence from the said point of beginning, S89°57' W 325 feet thence SO°0'30"E. 155 feet, thence N89°57'E. 325 feet to the East line of said Section 18, thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1.15 acres more or less. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00°00'30" East 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); Thence South 89°57'00" West 1,230.94 feet to a Point; Thence South 01°03'00" East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00" West 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28" West 91.79 feet along the Westerly line of said Property to a Point; Thence South 01°03'00" East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31°50'22" West 178.63 feet along the Westerly line of said Property to a point; Thence South 01°18'08" East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10 West 96.06 feet to a point; Thence South 00°01'50" East 1,134.59 feet to a point of intersection with the Centerline of American Legion Road; Thence North 67°27'14" West 54.15 feet along said Centerline to a point; Thence North 00°01'50" West 1,452.03 feet to a point; Thence South 89°49'29" West 194.84 feet to a point; Thence North 01°03'00" West 500.29 feet to a point; Thence North 90°00'00" East 440.01 feet to a Point; Thence South Thence South 01°03'00" East 1 Ordinance No. 93-3584 Page 6 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels "B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: PARCEL "Er Beginning at the Southeast Corner of the Southeast Quarter of Section 7,Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description, the North Line of said Southeast Quarter of Section 7 is assumed to bear N90°00'00"E, in accordance with Existing Surveys of Record; Thence S00°17'58"E, along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded Dimension, to the Line of the Existing Fence; Thence S89°41'12"W, along the Line of the Existing Fence, 1867.64 feet, to a Point which is 244.09 feet, N89°41'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N00"29'08"W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet; Thence N90°00'00"E, along a Line Parallel with the North Line of said Southeast Quarter of Section 7, 1863.54 feet, to a Point on the East Line of said Southeast Quarter of Section 7; Thence SOO°57'49"E, 885.09 feet, to the Point of Beginning. Said tract of land contains 80.71 acres, more or less, and is subject to easements and restrictions of record. PARCEL "C" Beginning at a 3s-inch Iron Pin found at the Northwest Corner of the Southeast Quarter, of Fractional Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7, to a 5/8-inch Iron Pin found at the li Ordinance No. 93-3584 Page 7 Northwest Corner of the Parcel, the Survey of which is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel; Thence S00°29'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7, 3308.69 feet Thence S89°41'12"W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53" W, along the North Line of said Far Horizons Subdivision, 520.00 feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision; Thence N00°45'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the Southwest Corner of said Southeast Quarter of Section 7; Thence N00°29'08"W, 2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence S00°00'00"E 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); thence South 89°57'00"W 1,230.94 feet to a Point; Thence South 01°03.00"E 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office,Johnson County, Iowa; Thence S88°57'00"W 150.00 feet along the Northerly line of said property;Thence South 28°18'28"W 91.79 feet along the Westerly line of said Property to a Point; Thence S01°03'00"E 61.00 feet along the Westerly line of said Property to a Point;Thence South 31°50'22"W 178.63 feet along the Westerly line of said Property to a Point; Thence South 01 °18'08"E 150.07 feet along the Ordinance No. 93-3584 Page 8 Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10"W 96.06 feet to a Point; Thence South 00°01'50"E 1,134.59 feet to a Point of intersection with the Centerline of American Legion Road to the Point of Beginning; Thence N67°27'14"W, 162.45 feet along said Centerline; Thence N00°01'50"W, 857.35 feet; Thence N60°17'56"E, 55.00 feet; Thence N00°01'50"W, 275.00 feet; Thence N60°17'56"E, 117.63 feet; Thence S00°01'50"E, 1,280.17 feet to the Point of Beginning. Said tract of land containing 3.85 acres, more or less, and is subject to easements and restrictions of record. • Precinct sixteen (16) shall also include the following described property: Lot 1. Penningroth Park Addition, Johnson County, Iowa according to the plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County, Iowa. EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°26'11"W along the West Line of said Southwest Quarter, 2409.14 feet to a Point on the Centerline of American Legion Road; Thence S67°40'24"E along said Centerline, 1104.90 feet to the Point of Beginning; Thence N00°12'00"W, 1130.01 feet; Thence N37°16'21"E, 175.37 feet Thence S01 °28'11"E, 79.89 feet; Thence S37°16'21"W, 96.10 feet, Thence SOO°12'01"E, 1133.78 feet to a Point on the Centerline of American Legion Road; Thence N67°41'27"W, 54.14 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence N00°26'11"W, along the West line of said Southwest Quarter, 2409.14 feet to a Point on the Centerline of American Legion Road; Thence S67°40'24"E along said Centerline, 1104.90 feet; Thence N00°12'00"W, 1130.01 feet to the Point of Beginning; ThenceN00°12'00"W, 149.45 feet;Thence N61 °28'13"E, 121 .00 feet; Thence Ordinance No. 93-3584 Page 9 S01 °28'11"E, 70.18 feet; Thence S37°16'21"W, 175.37 feet to the Point of Beginning. Precinct sixteen (16) shall also include the following described property: Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence S00°02'42"E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence S00°02'42"E, 370.38 feet on said East line; Thence N89°28'11"W, 1217.03 feet; Thence N36°18'05"E, 12.86 feet; Thence N56°21'31"E, 408.32 feet; Thence N85°44'22"E, 297.52 feet; Thence N78°49'21"E, 326.95 feet; Thence N81 °37'27"E, 254.40 feet to the Point of Beginning. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of La , 1993. MAYOR ATTEST: %�' 7--) �( . 7`ria.4. J CITY C RK Approve• • • City : • : ey's Office .c"d..br.ana.ord I It was moved by Ambrisco and seconded by McDonald that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz Kubby X Pigott X McDonald X Novick First Consideration July 6, 1993 Vote for passage: AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 7/20/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. NAYS: None. ABSENT: None. Date published 8/11/93 I s,t.1cr_ tf .. -.141,4460,4.n y CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) • I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3584 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of August , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 11th day of August 19 93 Dated at Iowa City, Iowa, this 13th day of September , 19 93 . Yite-JCW U}Q144 Susan Walsh Deputy City Clerk lwdsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240.1826 FAX(319) 356-5009 J 1 ORD. 93 - 3581 icf Northerly Line,890.50 feet,to an Iron Pin East line of the Northeast quarter of said Found on said Northerly Line; Thence Section 18;thence North 0°00'30'West N74°22'00-W,along said Northerly Line, 176.09 feet along the East line of the j72.. .... 500.40 feet, to a point on th West Line Northeast quarter of said Section 18 to Printer's fee $ / ..'� U of said Northwest Quarter of Section 21; point of beginning and containing 2.0 Thence N01°45'00"E, along said West acres,more or less, and except: Line, 70.08 feet, to its intersection with Commencing as a point of reference at CERTIFICATE OF PUBLICATION said Southeasterly Right-of-Way Line of the Northeast corner of Sec. 18, in Twp. Iowa Primary Road No. 1; Thence 79N, R. 5 West of the 5th P.M., thence STATE OF IOWA, Johnson County, ss: N37°25'08'E, along said Southeasterly , SO°00'30' east 1281.72 feet along the THE IOWA CITY PRESS-CITIZEN Line, 844.82 feet, to the Point of East line of the NE Y. of said Sec. 18, to Beginning, a point this is an assumed bearing for FED. ID# 42-0330670 purposes of this description only),thence Section 10-35(16) of the Code of Ordinances South 89°57'00' West 33.00 feet to a is hereby amended by deleting said section and point of intersection with the Westerly I, substituting in lieu thereof the following: right-of-way line of the County Road and Margaret Rios, being duly sworn, 116)Precinct sixteen(16):Beginning at the point of beginning of tract herein intersection of the eastern corporate limits of described thence continuing South say that I am the legal clerk of the City of Iowa City and Scott Boulevard, 89°57'00" West 133.00 feet to a point, the IOWA CITY PRESS-CITIZEN east, then north, along eastern corporate thence South 0°00'30"East 188.00 feet f limits of City of Iowa City, then west along to point; thence North 89°57'00" East a newspaper published in said eastern corporate limits of City of Iowa City 133.00 feet to a point of intersection with to Court Street, west along Court Street to the Westerly right-of-way lino of said county, and that a notice, a Kenwood Drive,south along Kenwood Drive County Road; thence North 0°00'30" copyof which is hereto to Friendship Street, westerly along West Part of the NE V. of Sec. 18, Twp. printed Friendship Street to First Avenue, south 79N, R. 5 West of the 5th P.M., attached, was published in said along First Avenue to Muscatine Avenue, described as follows: east along Muscatine Avenue to Scott Commencing as a point of reference at paper / time(s), on the Boulevard, south along Scott Boulevard to the NE corner of said Sec. 18, thence • following date(s): point of beginning. S0°00'30' East, 1146.72 feet along the Precinct 16 (161 shall also include the east line of the NE '4 of said Sec. 18 to a following described property: point (this is an assumed bearing for 62{ 1L, ,i/, / 99 7 The east 410 feet of the west 1070 feet of purposes of this description only);thence the south 830 feet of Section 12,Township S89°57'00' West 33 feet to a point of 79 North, Range 5 West of the Fifth intersection with the Westerly right-of- Principal Meridian, excepting therefrom that way line of the County Road and point of portion of Court Street which lies within the beginning of tract herein described; C.�/f �ft limits of the above-described parcel. thence continuing South 89°57'00'West /.1 `c-in-4-g p--,-, J7T Y--.441{2-) 292.00 feet to a point, thence South r.--:' Precinct sixteen 116) shall also include the 0°00'30' East 135 feet to a point, Legal Clerk following described property: thence North 89°57'00' East 292.00 All that part of the E V. of Sec. 18, Twp. feet to a point of intersection with the 79 N.,R.5 West of the 5th P.M.lying north westerly right-of-way line of said County Subscri fl/ d and sworn to b fore me of the Muscatine Road,except the North 60 Road, thence north 0°00'30' West V. acres of the NE of said Sec. 18,Twp.79 135.00 feet along the Westerly right-of- N.,R. 5 West of the 5th P.M.,except: way line of said County Road to point of th1s��. day of , A.D. Commencing at the concrete monument beginning, and containing 0.90 acres, marking the southwest corner of the SE more or less,and except: 1 , '/. of Sec. 18, Twp. 79N., R. 5 West of _ Commencing at the NE corner of Sec. / OFFICIAL PUBLICATION 18,T79 N.,R5 W of the 5th P.M.,thence SO°00'30' E 991.72 feet along the East ii�` , / the 5th P.M.; thence on an assumed line of said section to the point of bearing of NO°09'30" West 2408.4 feet beginning, (the previous course and Notary Public to the centerline of the American Legion distance being a retrace of the survey c� recorded in plat book 6, page 32, Plat FTrt es., _ Road and the place of beginning; thence o F tT North 1886.06 feet; thence East 520.0 Records of Johnson County,Iowa;thence feet; thence South 300.0 feet; thence from the said point of beginning,S89°57' West 115.0 feet; thence South 300.0 W 325 feet;thence S0°0'30"E. 155 feet, feet;thence East 75.0 feet;thence South thence N89°57'E. 325 feet to the East line of said Section 18, thence OFFICIAL PUBLICATION 2°47'0' East 921.87 feet;thence South NO°00'30'W. along said East line of 67°25'30' East 257.94 feet; thence Section 18, 155 feet to the point of ORDINANCE NO. 93-3584 South 22 West 538.94 feet to beginning. Said tract containing 1.15 the centerlineline of of the American Legion acres more or less. Road; thence North 67°24'20' West Excepting therefrom the following ORDINANCE AMENDING SECTION 10-35 OF 602.26 feet to the place of beginning, THE CODE OF ORDINANCES OF IOWA CITY, and containing 23.8 acres, more or less described real estate, to-wit: AMENDING THE BOUNDARiES OF THECommencing as a point of reference at VOTING PRECINCTS IN IOWA CITY TO and except: the Northeast Corner of Section 18, INCLUDE PROPERTIES ANNEXED SINCE 1991. Commencing at the NE corner of Sec. Township 79 North,Range 5 West of the Commencing R.5W of the 5th P.M.;thence 5th P.M.,Johnson County, Iowa;Thence SECTION I. PURPOSE. The SO 00'30' E, 3165.25 feet along the South 00°00'30" East 991.72 feet along amendment is to revise the voting precincts in beginning; thence 50°00'30"E, 808.21 the Easterly line of the NE Quarter of said Iowa City to reflect the inclusion of lands Section 18 to a point(this is an assumed feet along the east line of said Section to bearing for purposes of this description annexed to the corporate limits since 1991. the centerline of American Legion Road; SECTIO' I!. AMENDMENT Section 10-3519) thence N67°24'20"W,808.21 feet along only); Thence South 89°5700" West of the Code of Ordinances is herebyamended 1,230.94 feet to a Point; Thence South the centerline of American Legion Road; 01°03'00' East 676.10 feet to the NE by deleting said section and substituting in lieu thence N22°35'40'E, 538.98 feet; thereof the following: thence N89°59'30'E, 538.98 feet to the Corner of the property recorded in Plat (9) Precinct nine (91: Beginning at theBook 10,Page 35 at the Johnson County point of beginning, said tract containing Recorder's Office,Johnson County,Iowa; southern intersection of the corporate limits 10.00 acres more or less, and except: of the City of Iowa City and the center line Commencing as a point of reference at Thence 888°57'00' West 150.00 feet of the Iowa River channel, north along the the NE corner of Lot 29, Part 1 of Far along the Northerly line of said property to center line of the Iowa River channel to Horizons Subdivision and Sec. 18, Twp. the Point of Beginning; Thence South Highway 6, west along Highway 6 to its 79N., R5 West of the 5th P.M.,Johnson 28°18'28' West 91.79 feet along the, intersec•ion with Highway 1 at Riverside County, Iowa; thence North 89°57'00' Westerly line of said Property to a Poin>t1 Drive, west along Highway 1 to Miller East 881.71 feet to a point(for purposes Thence South 01003.00"East 61.00 Neer • Avenue, north along Miller Avenue to West of this description, the North line of said along the Westerly line of said Property t0 Benton Street, west along West Benton Lot 29 is assumed to bear due Eastl; a Point; Thence South 31°50'22' West Street to its intersection with Mormon Trek thence South 103'00" East 676.10 feet 178.63 feet along the Westerly line of Boulevard, southerly along Mormon Trek to the point of beginning of tract herein said Property to a point; Thence South Boulevard, to southern corporate limits of described; thence continuing South 01°18'08' East 150.07 feet along the the City of Iowa City, starting east follow 1°3'00" East 441.00 feet to a point; Westerly line of said Property to the corporate limits of City of Iowa City to point thence South 88°57'00" West 292.00 Southwest Corner of said Property; of beginning. feet to a point; thence North 1°3'00' Thence South 37°27'10 West 96.06 feet West 150.00 feet to a point; thence to a point;Thence South 00°01'50'East Precinct Nine 19) shall also include the North 31°50'22' East 178.63 feet to a 1,134.59 feet to a point of intersection following described property: with the Centerline of American Legion point;thence North 1°3'00'West 61.00 Commencing at the Northwest Corner of feet to a point;thence North 28°18'28" Road; Thence North 67°27'14' West the Northwest Quarter of Section 21, East 91.79 feet to a point; thence 54.15 feet along said Centerline to a Township 79 North,Range 6 West,of the N88°57'00' East 150.00 feet to the point; Thence North 00°01'50' West 5th Principal Meridian; Thence 1,452.03 feet to a point; Thence South point of beginning and containing 2.4 89°49'29" West 194.84 feet to a point; S89°48'37"E, a recorded bearing, along acres more or less,and except: the North Line of said Northwest Quarter Commencing as a point of reverence at Thence North 01°03'00' West 500.29 of Section 21,492.80 feet, to a point on the NE corner of Sec. 18, T%vp. 79N., feet to a point;Thence North 90°00'00' the Southeasterly Right-of-Way Line of Range 5 West of the Fifth Principal East 440.01 feet to a Point; Thence Iowa Primary Road No. 1, which is the Meridian,Johnson County, Iowa; thence South Thence South 01°03'00' East POINT OF BEGINNING; Thence South 50°00'30* East 1,469.72 feet 316.02 feet to the Point of Beginning, S89°48'37"E, along said North Line of along the East line of the Northeast • subiect to easements and restrictions of the Northwest Quarter of Section 21, quarter of said Section 18 to a point of record. 826.66 feet, to the Northeast Corner of beginning of tract herein described(this is The area of this described parcel is 7.04 the Northwest Quarter of said Northwest an assumed bearing for purposes of this acres more or less Quarter of Section 21; Thence description bearing for purposes of this Parcels 'B' and 'C' as described and SO1°47'41"W,along the East Line of said description only); thence South depicted on the survey recorded in Book Northwest Quarter, 583.50 feet, to its 89°57'00' West 166.00 feet to a point; 30, Page 48, Plat Records_of Johnson intersection with the Northerly Line of the thence North 0°00'30"West 188.00 feet County, Iowa, and asmore-particularly 40.04 Acre Parcel acquired by Condemna- to a point;thence South 89°57'00"West described as follows: tion,in the name of the City of Iowa City, 159.00 feet to a point; thence South PARCEL'B' Iowa, the proceedings of which are 0°00'30" East 364.09 feet to a point; Beginning at the Southeast Corner of the recorded in Book 904,at Page 71,of the thence North 89°57'00" East 325.00 Southeast Quarter of Section 7,Township records of the Johnson County Recorder's ^• to a point of intersection with the 79 North, Range 5 West of the 5th. Office:Thence S71°00'00'W,along said oRO . x3 -35'1 Principal Meridian,and for the purpose of Precinct sixteen 116) shall also include the this Legal Description, the North Line of following described property: said Southeast Quarter of Section 7 is Lot 1. Penningroth Park Addition, assumed to bear N90°00'00'E, in Johnson County, Iowa according to the OFFICIAL PUBLICATION plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County. accordance with Existing Surveys of Iowa. Record; Thence SOO°17'58"E, along the EXCEPTING THEREFROM: East Line of the Northeast Quarter of the Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West, of the Township 79 North,Range 5 West of the 5th. Principal Meridian, 991.72 feet, Fifth Principal Meridian; Thence a Recorded Dimension, to the Line of the N00°26'11'W along the West Line of said Existing Fence; Thence S89°41'12'W, Southwest Quarter, 2409.14 feet to a Point along the Line of the Existing Fence, on the Centerline of American Legion Road; 1867.64 feet,to a Point which is 244.09 Thence S67°40'24"E along said Centerline, Ofeet, N89°41'12'E, of the Northeast 1104.90 feet to the Point of Beginning; • Corner of Lot 29 of the Replat of Part One Thence N00°12'00'W, 1130.01 feet; .I of Far Horizons Subdivision,as Recorded Thence N37 16'21'E. 175.37 feet;Thence in Plat Book 9,at Page 33,of the Records SO1°28'11'E, 79.89 feet; Thence of the Johnson County Recorder's Office; S37o 16'21'W, 96.10 feet, Thence Thence N00'29'08'W, along a Line S00 12'01'E, 1133.78 feet to a Point on I Parallel with the West Line of said the Centerline of American Legion Road; Southeast Quarter of Fractional Section 7, Thence N67°41'27'W, 54.14 feet to the 1886.95 feet; Thence N90°00'00'E, Point of Beginning. along a Line Parallel with the North Line of ALSO EXCEPTING THEREFROM: said Southeast Quarter of Section 7, Commencing at the Southwest Corner of 1863.54 feet, to a Point on the East Line the Southeast Quarter of Section 18, of said Southeast Quarter of Section 7; Township 79 North, Range 5 West of the Thence S00°57'49'E, 885.09 feet, to 5th Principal Meridian; Thence the Point of Beginning. Said tract of land NOO°26'11'W, along the West line of said contains 80.71 acres,more or less,and is Southwest Quarter, 2409.14 feet to a Point subject to easements and restrictions of on the Centerline of American Legion Road; record. Thence S67°40'24'E along said Centerline, PARCEL'C' 1104.90 feet; Thence N00°12'00'W, Beginning at a i5-inch Iron Pin found at 1130.01 feet to the Point of Beginning; the Northwest Corner of the Southeast Thence NOO 1 2'00'W,149.45 feet;Thence Quarter, of Fractional Section 7, N61°28'13'E, 121.00 feet; Thence Township 79 North,Range 5 West of the 501°28'11"E, 70.18 feet; Thence 5th. Principal Meridian; Thence S37°16'21'W, 175.37 feet to the Point of N90°00'00'E, la Recorded Bearing) Beginning. 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7, Precinct sixteen 116) shall also include the to a 5/8-inch Iron Pin found at the following described property: Northwest Corner of the Parcel, the Commencing at the Northeast Corner of Survey of which is Recorded in Plat Book the Northwest Quarter of Section 18, 15, at Page 53, of the Records of the Township 79 North, Range 5 West of the Johnson County Recorder's Office; 5th P.M.; Thence SOO°02'42'E, 337.00, Thence 500°00'20"W, 326.03 feet, to feet on the East line of said Northwest the Southwest Corner of said Surveyed Quarter to the Point of Beginning; Thence Parcel; Thence S00°29'08'E, along a SOO°02'42"E,370.38 feet on said East line; Line Parallel with the West Line of said Thence N89°28'11"W, 1217.03 feet; Southeast Quarter of Section 7,3308.69 Thence N36°18'05'E, 12.86 feet; Thence feet;Thence S89°41'12'W,244.09 feet, N56°21'31'E, 408.32 feet; Thence to the Northwest Corner of Lot 29,of the N85°44'22'E, 297.52 feet; Thence Replat of Part One of Far Horizons N78°49'21'E, 326.95 feet; Thence Subdivision, as Recorded in Plat Book 9, N81°37'27'E, 254.40 feet to the Point of at Page 33, of the Records of the Beginning. Johnson County Recorder's Office; SECTION III. REPEALER. All ordinances or Thence S89°42'53' W, along the North parts of ordinances in conflict with the Line of said Far Horizons Subdivision, provisions of this Ordinance are hereby 520.00 feet,to a 5/8-inch Iron Pin found repealed. at the Northwest Corner of Lot 1 of said SECTION IV. SEVERABILITY. If any section, Far Horizons Subdivision; Thence provision or part of the Ordinance shall be N00°45'33"W, along the Line of the adjudged to be invalid or unconstitutional,such Existing Fence 1043.05 feet, to a adjudication shall not affect the validity of the Standard Concrete Monument found at Ordinance as a whole or any section,provision the Southwest Corner of said Southeast or part thereof not adjudged invalid or Quarter of Section 7; Thence unconstitutional. NOO°29'08'W, 2595.66 feet, to the SECTION V. EFFECTIVE DATE. This Point of Beginning. Said tract of land Ordinance shall be in full force and effect from contains 64.16 acres,more or less,and is and after its final passage, approval and subject to easements and restrictions of publication, as provided by law. record. Passed and approved this 3rd day of Excepting therefrom the following 1993. described real estate. to-wit: /._ Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North,Range 5 West of the MAYOR 5th P.M.,Johnson County, Iowa;Thence S00°00'00"E 991.72 feet along the 01566 August 11,1993 Easterly line of the NE Quarter of said Section 18 to a point(this is an assumed bearing for purposes of this description only); thence South 89°57'00"W 1,230.94 feet to a Point; Thence South 01°03'00"E 676.10 feet to the NE Corner of the property recorded in Plat Book 10,Page 35 at the Johnson County Recorder's Office,Johnson County,Iowa; Thence S88°57'00'W 150.00 feet along the Northerly line of said property;Thence South 28°18'28"W 91.79 feet along the Westerly line of said Property to a Point; Thence S01°03'00'E 61.00 feet along the Westerly line of said Property to a Point;Thence South 31°50'22"W 178.63 feet along the Westerly line of said Property to a Point; Thence South 01°18'08"E 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10"W 96.06 feet to a Point; Thence South 00°01'50'E 1,134.59 feet to a Point of intersection with the Centerline of American Legion Road to the Point of Beginning; Thence N67°27'14'W, 162.45 feet along said Centerline; Thence NOO°01'S0'W, 857.35 feet; Thence N60°17'56'E, 55.00 feet; Thence N00°01'50'W, 275.00 feet; Thence N60°17'56'E, 117.63 feet; Thence SOO°01'S0'E, 1,280.17 feet to the Point of Beginning. Said tract of land containing 3.85 acres, more or less,and is subject to easements and restrictions of record. )ej 0 P. O. ORDINANCE NO. 93-3585 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY ADOPTING SECTION 36-16.1 , THE RESIDENTIAL/OFFICE ZONE (R/0) AND AMENDING SECTION 36-58, ENTITLED "OFF- STREET PARKING REQUIREMENTS," AND SECTION 36-62, ENTITLED "SIGN REGULATIONS," TO INCLUDE PROVISIONS FOR THE R/O ZONE. WHEREAS, the Planning and Zoning Commission has identified the need to conserve the existing character of residential neighborhoods in areas of transition from commercial to residential districts; and WHEREAS, the Planning and Zoning commission has also identified the need to permit commercial office reuse of existing structures in such areas; and WHEREAS, the Residential/Office Zone (R/0) addresses these needs. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. 1. Chapter 36, Article II entitled "Principal Uses and Requirements," Division 1 entitled "Zones" of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting the following new section: Sec. 36-16.1. Residential/Office Zone (R/O). (a) Intent. The Residential/Office zone (R/O) is intended to provide a transition from intensive commercial and employment centers to less intensive • residential districts and to stabilize the residential areas located in these transitional areas. The zone permits a mix of uses including low intensity commercial office uses and residential uses. This mix of uses requires special consideration of building and site design. (b) Permitted uses. (1) Bed and Breakfast Homestays and Inns. (2) Permitted uses of the CO-1 Zone. 2 Ordinance No. 93-3585. Page 2 (c) Provisional uses. (1) Dwellings located above or below the ground floor of a structure where another principal use permitted in this zone exclusively occupies the ground floor. The dwellings shall be developed in accordance with the dimensional requirements of the RM-20 zone. (2) Dwellings located on the ground floor shall be permitted in buildings constructed prior to January 1, 1993, subject to the dimensional requirements of the RM-20 zone except that the minimum lot width shall be 30 feet. (3) A maximum of two (2) roomers shall be permitted in each dwelling unit provided that for single family dwellings and duplexes, additional off-street parking spaces shall be furnished at the ratio of one-half (%) space per roomer. (4) Family care facilities provided they shall not be located within one-quarter ('/s) mile of each other. (5) Rooming houses, provided that the total floor area shall not exceed 330 square feet for each • 2725 square feet of lot area and that there shall be at least 100 square feet of floor area for each roomer. (6) Accessory apartments, subject to the requirements of Section 36-55. (d) Special exceptions. (1) Barber shops, beauty parlors, laundromats, and laundry and dry cleaning pick-up and delivery services. (2) Child care facilities subject to the requirements of Sec. 36-55. (3) Funeral homes subject to the requirements of Sec. 36-55. (4) Group care facilities provided that • there is at least 750 square feet of lot area for each occupant. (5) Neighborhood centers subject to the requirements of Sec. 36-55. (6) Public utilities. 7 Ordinance No. 93-3.585 Page 3 (7) Religious institutions subject to the requirements of Sec. 36-55. (8) Restaurants not including drive-in facilities. (9) Schools - generalized private instruction. (10) Schools - specialized private instruction subject to the provi- sions of Section 36-11(g)(2). (11) Transient housing provided that there is at least 750 square feet of lot area for each permanent resident and 200 square feet for each temporary resident. (e) Dimensional Requirements for Commercial Uses. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None Side - None Rear - None (5) Maximum building bulk: Height - 35 feet Lot coverage - None Floor area ratio - 2 (f) General provisions. All principal and accessory uses permitted in this zone are subject to the requirements of Articles III and IV, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and buildings. See Sec. 36-56. b. Accessory use and building regulations. See Sec. 36-57. c. Off-street parking require- ments. See Sec. 36-58. d. Off-street loading require- ments. Not applicable. e. Sign regulations. See Sec. 36-60. f. Fence regulations. See Sec. 36-64. (2) General provisions. See Article IV. a. Dimensional requirements. See Division 1. b. Tree regulations. See Division 2. z Ordinance No. 93-3585 Page 4 c. Performance standards. See Division 3. d. Non-conformities. See • Division 4. (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may expand without compliance with the dimensional requirements or the off-street parking require- ments. (2) Any listed use may be established by special exception in buildings registered on the National Register of Historic Places, subject only to the requirements specified by the Board of Adjustment and the issuance of a certificate of appropriateness by the Historic Preservation Commission according to the procedures of Section 27-87. Because continued use and occupancy of historic structures contributes to maintenance of the City's historic, aesthetic, and cultural heritage, the Board may, to the extent it finds necessary under the circumstances, waive any zoning requirements which would limit or prevent a use or occupancy of an historic structure allowed under the provisions of this section. (h) Design Provisions. The following design provisions are intended to: help ensure that redevelopment occurs in a manner compatible with the existing character of the area; help ensure that this zone develops as a compact urban area; integrate parking facilities into the design of developments; provide a safe and attractive area for pedestrian traffic; enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings; restrict fortress-like facades at the street level; avoid a monotonous environment; and ensure the stabilization of the area is enhanced through excellence in design. 2 Ordinance No. 93-3585 Page 5 Prior to submitting a request for a building permit, the developer shall participate in a preapplication conference with the Director of Planning and Community Development to discuss the application of these provisions to the subject property. Prior to issuance of a building permit, a • site plan and elevation drawings demonstrating compliance with the following design guidelines shall be submitted to the City for approval by the Director of Planning & Community Development. Alternative design solutions may be approved if it is demonstrated that the alternative meets the intent of this section. Decisions of the Director may be appealed to the City Council. (1) All utilities and meters shall be located on side or rear elevations of buildings and shall be screened from public streets. (2) Dumpster and recycling bin locations shall be screened, shall not be visible from public streets, and shall not be located in a right- of-way. (3) Access to individual dwelling units shall be from enclosed lobbies or corridors except at grade level. (4) Stairways between residential floors shall be enclosed within the building. (5) Bicycle parking facilities shall be located so as not to impede pedestrian or vehicular traffic. (6) Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height. (7) Techniques such as varied setbacks,bay windows,balconies, and changes in material, color and texture shall be used to articulate facades and side wall elevations. Where rear walls are visible from a public street, similar techniques shall be used. (8) Durable materials such as masonry (not including concrete block and undressed poured concrete) shall 2 Ordinance No. 93-3585 Page 6 be used on the street level and are encouraged for upper stories. (9) All parking spaces shall be located either behind a building and screened from view or within the exterior walls of a building. Features such as masonry walls, earthen berms, or evergreen trees and shrubbery shall be used for screening. (10) Driveways between a street and parking area shall be minimized in number and width, and shall be designed to minimize hazards to pedestrians. Where possible, vehicular access to individual lots shall be via an alley. (11) A landscaped buffer area at least five feet in width shall be provided between any parking area and adjacent property line or street right-of-way line. (12) No parking area or drive shall be closer than ten feet to any portion of a building other than a garage entrance or loading area apron. This ten-foot area shall be used for walkways and landscaping consisting of at least 50 percent vegetative coverage. (13) Where driveways and garages enter onto an alley, building or portions thereof shall be set back an adequate distance to' assure proper sight distance. (14) Where parking spaces are located so that the headlights of vehicles are parallel to a wall containing ground level windows, a landscaped screen shall be provided between the parking area and the building. (15) Areas of blank walls on the street level frontage of a building shall be minimized. At least 40 percent of the length of the street level frontage shall be windows or doorways (not including garage entrances). At a minimum, every 12 feet in length of wall shall be articulated by a window, doorway, setback, artwork or change in building material. 2 Ordinance No. 93-3585 Page 7 (16) Loading/unloading facilities shall be located to the rear of a building and shall have access from an alley. (17) The location and size of proposed signs shall be integrated into the design of the overall development. (18) The outer edge of a balcony shall be no closer than 5 feet from a side lot line. 2. Chapter 36, Article Ill, entitled "Accessory Uses and Requirements," Section 36-58 entitled,"Off-Street Parking Requirements," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by repealing subsection (a)(2)(1.) and adding thereto a new subsection (a)(2)(1.) to read as follows: I. Offices 1. Where One (1) permitted parking except RIO, space for each CB-2 and 200 square CB-5 feet of floor area. 2. R/O One (1) and parking space CB-2 for each 300 square feet of floor area to a maximum of 27 spaces. No additional parking shall be required for that area exceeding 8,000 square feet. 3. CB-5 None required but where provided a maximum of one (1) parking space for each 500 square feet of floor area shall be permitted. 3. Chapter 36, Article Ill, entitled "Accessory Uses and Requirements," Section 36-62, entitled "Permitted Signs," of the Code of Ordinances of the city of Iowa City, Iowa, be and the same is hereby amended by repealing subsection (c)(2) and adding thereto a new subsection (c)(2) to read as follows: Z Ordinance No. 93-3585 Page 8 (2) CO-1, CN-1 and RIO zone regulations. a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements .for residential uses in the RM zones (Sec. 36-62(c)(1)c). 2. Facia signs. 3. Canopy signs. • 4. Monument signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. When two (2) or more uses are located on a lot, a common monument sign shall be permitted. Said sign shall not exceed the lessor of two (2) square feet per lineal foot of lot frontage or 100 square feet (50 square feet per sign face). 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (6) feet into the public right-of-way, and are not less than ten (10) feet above grade. c. Dimensional requirements. 1. Uses in this zone shall be allowed a maximum building sign area per sign wall equal to 15% of the sign wall on which the sign is to be mounted. 2. Individual signage allowances. a. Sion: Facia. Maximum Area: Fifteen percent (15%) of the sign wall area. Maximum Height: None. b. Sion: Canopy. Maximum Area: Eight (8) square feet. Maximum Height: Top of first story. 2 Ordinance No. 93-3585 Page 9 c. Sign: Awning. Maximum Area: 25% of the surface of the awning. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. e. Sign. Monument. Maximum Area: Two (2) square feet per foot of lot frontage, not to exceed a total of 100 square feet or 50 square feet per sign face. Maximum Height: Five (5) feet. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of Aut, 1993. re MAYOR ATTEST:?nr) '• W744 CITY C RK Approved by 1/4-( '1a 41.x4, n City Attorney's Offics/ f— / 7-�f3 ppdadmin4-oz one.ard 2 It was moved by Ambrisco and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby Pigott X McDonald X Novick First Consideration 7/20/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. NAYS: None. ABSENT: None. Second Consideration 8/3/93 Vote for passage: AYES: Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: Horowitz. Date published 8/25/93 7 • KA ie f� CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3585 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of August , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of August 19 93 . Dated at Iowa City, Iowa, this 13th day of September , 19 93 . a/n (fite,,a4 Susan Walsh Deputy City Clerk Iwalsh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52340-1826 FAX(319) 356-5009 02 c O - g3 _3555 / 0( ,;._ (c) Provisional uses. (11 Dwellings located above or below 12) q listed use may be ci:::ablished by special exception in build:ngs the ground floor of a structure registered on the National Register /��� where another principal use of Historic Places, subject only to Printer's fee $ y permitted in this zone exclusively the requirements specified by the occupies the ground floor. The Board of Adjustment and the dwellings shall be developed in issuance of a certificate of CERTIFICATE OF PUBLICATION accordance with the dimensional appropriateness by the Historic requirements of the RM-20 zone. Preservation Commission STATE OF IOWA, Johnson County, ss: 121 Dwellings located on the ground according to the procedures of • THE IOWA CITY PRESS-CITIZEN floor shall be permitted in Section 27.87. buildings constructed prior to Because continued use and FED. ID # 42-0330670 January 1, 1993, subject to the occupancy of historic structures dimensional requirements of the contributes to maintenance of the I RM-20 zone except that the City's historic, aesthetic, and minimum lot width shall be 30 cultural heritage, the Board may, Margaret Rios, being duly sworn, feet. • to the extent it finds necessary 13) A maximum of two (21 roomers wider the circumstances, waive say that I am the legal clerk of shall be permitted in each dwelling any zoning requirements which the IOWA CITY PRESS-CITIZEN, unit provided that for single family would limit or prevent a use or dwellings and duplexes,additional occupancy of an historic structure a newspaper published in said off-street parking spaces shall be allowed under the provisions of furnished at the ratio of one-half this section. county, and that a notice, a 1,1 space per roomer. lh1 Desian Provisions. OFFICIAL PUBLICATION printed copy of which is hereto The following design provisions are Family care facilities provided they intended to: help ensure that 141 attached, was published in said shall not be located within redevelopment occurs in a manner paper / time(s), on the one-quarter 1V.1 mile of each compatible with the existing character other. of the area; help ensure that this zone following date(s): (51 Rooming houses, provided that. develops as a compact urban iarea; 177 J- � � the total floor area shall not-: integrate parking facilities into the GL-a�L a,S /99� exceed 330 square feet for each design of developments;provide a safe 2725 square feet of lot area and and attractive area for pedestrian that there shall be at least 100 traffic; enhance crime prevention by square feet of floor area for each increasing opportunities for surveillance roomer. of the street from the interiors of ( (61 Accessory apartments, subject to buildings; restrict fortress-like facades /boy/7 �c�Y ��¢.a the requirements of Section at the street level,avoid a monotonous 36-55. environment; and ensure the Legal Clerk (d) Special exceptions. 11) Barber shops, beauty parlors, stabilization of the area is enhanced through excellence in design. laundromats, and laundry and dry Prior to submitting a request for a Subscrib d and sworn to before me cleaning pick-up and delivery building permit, the developer shall services. participate in a preapplicatjon 12) Child care facilities subject to the conference with the Director of t.hl day of A.D. requirements of Sec. 36-55 Planning and Community Development 13) Funeral homes subject to the to discuss the application of these 19 requirements of Sec. 36-55. provisions to the subject property. (4) Group care facilities provided that Prior to issuance of a building permit,a / r // there is at least 750 square feet of site plan and elevation drawings lot area for each occu ant. demonstrating compliance with the / (5) Neighborhood centers subject to following design guidelines shall be NotaryPublic the requirements of Sec. 36-55. submitted to the City for approval by 16) Public utilities. the Director of Planning& Community oa•�' `s� (71 Religious institutions subject to Development. Alternative design SHARON STUBBS the requirements of Sec.36.55. - solutions may be approved if it is (81 Restaurants not including drive-in demonstrated that the alternative facilities. meets the intent of this section. 19) Schools - generalized private Decisions of the Director may be instruction. ' appealed to the City Council. 1101 Schools - specialized private ) 11) All utilities and meters shall be instruction subject to the provi- I located on side or rear elevations sions of Section 36.11(8112). ) of buildings and shall be screened OFFICIAL PUBLICATION 1111 Transient housing provided that ',f from public streets. there is at least 750 square feet of 12) Dumpster and recycling bin lot area for each permanent locations shall be screened, shall ORDINANCE NO. 93-3585 resident and 200 square feet for not be visible from public streets, AN ORDINANCE AMENDING CHAPTER 36 C$ each temporary resident. and shall not be located in a right- THE CODE OF ORDINANCES OF THE CITY OF (el Dimensional Requirements for. of-way. Commercial Uses. IOWA CITY, IOWA, ENTITLED"ZONING," BY 131 Access to individual dwelling units (1) Minimum lot area: None shall be from enclosed lobbies or ADOPTING SECTION 36.16.1, THE RESIDENTIAL/OFFICE ZONE 114/01 AND 121 Minimum lot width: None corridors except at grade level. AMENDING SECTION 36-58. ENTITLED'OFF- (3) Minimum lot frontage: None (41 Stairways between residential STREET PARKING REQUIREMENTS," AND 141 Minimum yards: floors shall be enclosed within the SECTION 36-62. ENTITLED -SIGN Front- None building. REGULATIONS," TO INCLUDE PROVISIONS Side- None 15) Bicycle parking facilities shall be FOR THE R/O ZONE. Rear- None . located so as not to impede 151 Maximum building bulk: pedestrian or vehicular traffic. Height- 35 feet ,.1 161 Varied roof lines and/or heights WHEREAS, the Planning and Zoning Lot coverage- None shall be used to reduce the Commission has identified the need to conserve Floor area ratio- 2 appearance of the mass of the existing character of residential If) General provisions. All principal and buildings which exceed two neighborhoods in areas of transitionrom commercial to residential districts;and accessory uses permitted in this zone stories in height. are subject to the requirements of 171 Techniques such as varied WHEREAS, the Planning and Zoning commission has also identified the need to Articles III and IV, the divisions and setbacks,bay windows,balconies. sections of which are indicated as and changes in material,color and permit commercial office reuse of existing structures in such areas;and follows: texture shall be used to articulate 111 Accessory uses and requirements. facades and side wall elevations. WHEREAS,the Residential/Office Zone IR/O) addresses these needs. See Article III Where rear walls are visible from a NOW.THEREFORE,BE IT ORDAINED BY THE a. Permitted accessory uses and public street, similar techniques buildings. See Sec. 36-56 shall be used. CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT b. Accessory use and building 181 Durable materials such as masonry SECTION I. AMENDMENTS. regulations. See Sec. 36-57. (not including concrete block and c. Off-street parking require- undressed poured concrete) shall 1. Chapter 36, Article II entitled "Principal Uses and Requirements,"Division 1 entitled ments. See Sec. 36-58. be used on the street level and are "Zones" of the Code of Ordinances of the d. Off-street loading require- encouraged for upper stories. ments. Not applicable. 191 All parking spaces shall be located City of Iowa City,Iowa,be and the same is e. Sign regulations. See Sec. either behind a building and hereby amended by adopting the following new section: 36-60. screened from view or within the f. Fence regulations. See Sec. exterior walls of a building. Sec. 36-16.1. Residential/Office Zone fRl01. 36-64. Features such as masonry walls, (a) Intent. The Residential/Office zone (21 General provisions. See Article IV, earthen berms,or evergreen trees (RIO)is intended to provide a transition a. Dimensional requirements. - from intensive commercial and See Division 1 OFFICIAL PUBLICATION employment centers to less intensive b. Tree regulations. See Division residential districts and to stabilize the 2. and shrubbery shall be used for residential areas located in these c. Performance standards. See screening. transitional areas. The zone permits a Division 3.• 1101 Driveways between a street and mix of uses including low intensity d. Non-conformities. See parking area shall be minimiz8tl(f commercial office uses and residential Division 4 number and width, and shall b4 uses. This mix of uses requires special Ig) Special provisions. designed to minimize hazards to consideration of buildingand site 17) Religious institutions which existed on August 7, 1962, may edc Where possible; design. g vehicular access to individual lot! 161 Permitted uses. expand without compliance with shall be via an alley Ii) Bed and Breakfast f omestays and the dimensional requirements or (1 11 A landscaped buffer area at least Inns. the off-street parking require- five feet in width shall be provided 121 Permitted uses of the CO-1 Zone. mems. between any parking area anti adjacent property line or street right-of-way line. Ter-d, ?3-35s5 a 112)No parking area or drive shall be c. Dimensional requirements. closer than ten feet to any portion 1. Uses in this zone shall be of a building other than a garage allowed a maximum building entrance or loading area apron. sign area per sign wall equal This ten-foot area shall be used to 15% of the sign wall on for walkways and landscaping which the sign is to be consisting of at least 50 percent mounted. vegetative coverage. 2. Individual signage allowances. (131 Where driveways and garages a. Sign: Facia. enter onto an alley, building or Maximum Area: Fifteen portions thereof shall be set back percent(15%1 of the sign an adequate distance to assure wall area. proper sight distance. Maximum Heiaht: None.,. (141 Where parking spaces are located b. Sign: Canopy. .. so that the headlights of vehicles Maximum Area: Eight(8t are parallel to a wall containing square feet. ground level windows, a Maximum Height: Top of landscaped screen shall be first story. • provided between the parking area c. i n; Awning. and the building. Maximum Area: 25%of (1 51 Areas of blank walls on the street the surface of the awning; level frontage of a building shall be Maximum Height: Top o minimized. At least 40 percent of first story. the length of the street level d. Sign: Window. • frontage shall be windows or Maximum Area: 25% of doorways (not including garage the area of the window. entrances). At a minimum, every Maximum Height: None. 12 feet in length of wall shall be e. Sign. Monument. articulated by a window,doorway, Maximum Area: Two(21 setback,. artwork or change in square feet per foot of lot building material. frontage, not to exceed a 11 6) Loading/unloading facilities shall total of 100 square feet or be located to the rear of a building 50 square feet per sign and shall have access from an face. alley. Maximum Height: Five 11 7)The location and size of proposed 15)feet. signs shall be integrated into the SECTION II. REPEALER. All ordinances and design of the overall development. parts of ordinances in conflict with the (181 The outer edge of a balcony shall provisions of this Ordinance are hereby be no closer than 5 feet from a repealed. side lot line. SECTION III. SEVERABILITY. If any section, 2. Chapter 36,Article III,entitled"Accessory provision or part of the Ordinance shall be Uses and Requirements," Section 36-58 adjudged to be invalid or unconstitutional,such entitled,"Off-Street Parking Requirements," adjudication shall not affect the validity of the of the Code of Ordinances of the City of Ordinance as a whole or any section, provision Iowa City,Iowa,be and the same is hereby or part thereof not adjudged invalid of amended by repealing subsection (a)(2)(l,) unconstitutional. and adding thereto a new subsection SECTION IV. EFFECTIVE DATE. This lal(2111.)to read as follows: Ordinance shall be in effect after its final I. Offices • passage, approval and publication,as provided 1. Where One Ill by law. permitted parking Passed and approved this 17th day of except RIO, space for each August, 1993. CB-2 and 200 Square /01,/ CB-5 feet off floofloor area. 2. R/O One(11 / and parking space MAYOR CB-2 for each 300 square feet of floor area to a maximum • of 27 spaces. No ATTEST: i7�,) additional parking CITY CL K shall be required for that area exceeding 01639 August 25,1993 8,000 square feet. 3. CB-5 None required but where provided a maximum of one(11 parking space for each 500 square feet of floor area shall be permitted. 3. Chapter 36, Article III,entitled"Accessory Uses and Requirements," Section 36-62, entitled "Permitted Signs," of the Code of Ordinances of the city of Iowa City, Iowa, be and the same is hereby amended by repealing subsection (c)(2) and adding thereto a new subsection(c)12(to read as follows: (21 CO-1,CN-1 and R/O zone regulations, a. Permitted signs. 1. Signage for residential uses shall comply with the sign requirements for residential uses in the RM zones (Sec. 36-62(c)(1)c). 2. Facia signs. 3. Canopy signs. 4. Monument signs. 5. Awning signs. 6. Window signs. b. Provisional signs. 1. When two (21 or more uses are located on a lot, a common monument sign shall be permitted. Said sign shall not exceed the lessor of two 121 square feet per lineal foot of lot frontage or 100 square feet (50 square feet per sign face). 2. Barber pole signs, provided they do not exceed three (3) feet in length and nine (9) inches in diameter. 3. Time and temperature signs which do not exceed 50 square feet in area or 25 square feet per sign face, do not project more than six (61 feet into the public right-of-way, and are not less than ten CI 01 feet above grade. ORDINANCE NO. 93-3586 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR PROPERTIES LOCATED ON THE NORTH SIDE OF JEFFERSON STREET BETWEEN LINN AND VAN BUREN STREETS AND PROPERTIES LOCATED ON THE SOUTH SIDE OF JEFFERSON STREET BETWEEN GILBERT AND VAN BUREN STREETS FROM CB-2, CENTRAL BUSINESS SERVICE, TO R/O, RESIDENTIAL/OFFICE. WHEREAS, the area is currently zoned CB-2, Central Business Service Zone; and WHEREAS, some property owners in the subject area requested the City to rezone the property to a zoning designation which includes residential uses as permitted uses; and • WHEREAS, the Comprehensive Plan designates portions of the Near Northside, including the subject area, for mixed use development; and WHEREAS, the City has adopted the Residential/Office Zone(R/O)which permits mixed use development including both residential and commercial office uses; and WHEREAS, the Planning and Zoning Commission recommended that this area be zoned R/O in order to conserve the existing character of the residential neighborhood and to permit commercial office reuse of existing structures in the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of CB-2, Central Business Service , to R / O , Residential/Office: Lots 1-4 Block 45, and Lots 5-8 Block 46 and Lots 5-8 Block 59 of the Original Town. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of 3 Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconsti- tutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of Aue. , 1993. MAYOR ATTEST: 27g4.4.„0,..) 7e �Q CITY CL K Approved by City Attorney's Office 7—/5-93 ppdadminljeffstord It was moved by Ambri sco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Horowitz Kubby X Pigott X McDonald X Novick First Consideration 7/20/93 Vote for passage: AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration 8/3/93 Vote for passage: AYES: Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: Horowtiz. Date published 8/25/93 • 3 f�T Trl^• frMtl 61�. CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3586 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of August , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of August 19 93 . Dated at Iowa City, Iowa, this 13th day of September , 19 93 . Susan Walsh Deputy City Clerk 1w818h.crt CIVIC CENTER • 410 E. WASHINGTON ST. /meq' PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 OFFICIAL PUBLICATION c�[ D . `. '5 ,5`?w ORDINANCE NO, 93-3586 ORDINANCE AMENDING THE ZONING Printer's fee $ ��/"4/ ORDINANCE BY CHANGING THE USE REGI LATIONS FOR PROPERTIES LOCATED ON THE NORTH SIDE OF CERTIFICATE OF PUBLICATION JEFFERSON STREET BETWEEN LINN AND VAN BUREN STREETS AND PROPERTIES STATE OF IOWA, Johnson County, ss: LOCATED ON THE SOUTH SIDE OF THE IOWA CITY PRESS-CITIZEN JEFFERSON STREET BETWEEN GILBERT AND VAN BUREN STREETS FROM CB-2, FED. ID # 42-0330670 CENTRAL BUSINESS SERVICE, TO R/O, RESIDENTIAL/OFFICE. I� WHEREAS, the area is currently zoned Margaret Rios, being duly sworn, CB-2, Central Business Service Zone; and say that I am the legal clerk of i WHEREAS,some property owners in the subject area requested the City to rezone the IOWA CITY PRESS-CITIZEN, the property to a zoning designation which a newspaper published in said includes residential uses as permitted uses; and county, and that a notice, a WHEREAS, the Comprehensive Plan printed copy of which is hereto designates portions of the Near Northside, including the subject area, for mixed use attached, was published in said development; and paper i time(s), on theWHEREAS, the City has adopted the Residential/Office Zone(R/OI which permits following date(s): mixed use development including both residential and commercial office uses;and /} �� o9 1 (� WHEREAS, the Planning and Zoning [vitt �l Commission recommended that this area be zoned R/O in order to conserve the existing character of the residential neighborhood and to permit commercial office reuse of existing structures in the r Q.t Ar !].i VrC�o-d area. NOW,THEREFORE,BE IT ORDAINED BY Legal Clerk THE CITY COUNCIL OF IOWA CITY, IOWA,THAT: Subscribed and sworn to before me SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of CB-2, Central this day of , A.D. Business Service, to R/O, Residential/Office: 1g Lots 1-4 Block 45, and Lots 5-8 ag.--"4—��_= Block 46 and Lots 5-8 Block 59 of the Original Town. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed IITi+ l` P' lic to change the zoning map of the City of o ' Iowa City, Iowa, to conform to this �f4RON STUBBS amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Johnson County,Iowa,upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section,provision or part of the Ordinance shall be adjudged to be invalid or unconsti- tutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 11th day of Au..0t, 1993 ,� ...A MAYOR ATTEST: Aza..-34-) 71 9e42-- ) CITY CL K 01640 August 25,1993 ORP bE ORDINANCE NO. 93-3587 AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "HUMAN RIGHTS", OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO EXPAND THE EXEMPTION FROM THE ORDINANCE FOR THE RENTAL, LEASE OR SALE OF HOUSING BY NONPROFIT CORPORATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this amendment to Chapter 18, "Human Rights", is • to expand the present provision which permits nonprofit corporations to lease or rent housing accommodations preferentially to persons based on their sex or the presence or absence of dependents. This provision is one of seven exemptions to the section which prohibits discrimination in the area of housing. The amendment would expand the exemption to also permit nonprofit corporations to sell a housing accommodation preferentially to persons based on their sex or the presence or absence of dependents. SECTION 2. Chapter 18, "Human Rights" of the Code of Ordinances of the City of Iowa City, Iowa is amended by repealing Section 18- 32(b)(3), and enacting in lieu thereof a new section to be codified to read as follows: Sec. 18-32(b)(3). Restrictions based on sex or the presence or absence of dependents in the rental, leasing or sale of housing accommodations by nonprofit corporations. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of the Ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudgication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of Aug , 1993. ,! /� MAYOR ATTEST: 7? rA,42�J CITTYy�'CCLERK Appro d by /� 7 / V ear Ci:AAttorney's ice // c:\wp51\hrc19-32 l-Ci /l ���3 It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Courtney X Horowitz X Kubby X Pigott X McDonald X Novick • First Consideration 7/20/93 Vote for passage: AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration 8/3/93 Vote for passage: AYES: Pigott, Ambrisco, Courtney, Kubby, McDonald, Novick. NAYS: None. ABSENT: Horowitz. Date published 8/25/93 `Y l ,A CITY OF IOWA CITY STATE OF IOWA 1 SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3587 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of August , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of August 19 93 . Dated at Iowa City, Iowa, this 13th day of September , 19 93 . _12110041 ks ktidA Susan Walsh Deputy City Clerk lwslsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 �nF(,� FAX(319) 356-5009 Pte'\� 0R0• c/3-3501) OFFICIAL PUBLICATION J ? ORDINANCE NO. 93-3587 Printer's fee $ ,S- 33 AN ORDINANCE AMENDING CHAPTER 18, ENTITLED 'HUMAN RIGHTS', OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CERTIFICATE OF PUBLICATION CITY, IOWA, TO EXPAND THE EXEMPTION FROM THE ORDINANCE FOR THE RENTAL, STATE OF IOWA, Johnson County, ss: LEASE OR SALE OF HOUSING BY NONPROFIT THE IOWA CITY PRESS-CITIZEN CORPORATIONS. FED. ID# 42-0330670 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1 PURPOSE. The purpose of this I r amendment to Chapter 18, 'Fluman Rights-,is Margaret Rios, being duly sworn, to expand the present provision which permits nonprofit corporations to lease or rent housing say that I am the legal clerk of accommodations preferentially to persons the IOWA CITY PRESS-CITIZEN based on their sex or the presence or absence of dependents. This provision is one of seven a newspaper published in said exemptions to the section which prohibits discrimination in the area of housing. The county, and that a notice, a amendment would expand the exemption to copyof which is hereto also permit nonprofit corporations to sell a printed housing accommodation preferentially to attached, was published in said persons based on their sex or the presence or absence of dependents. paper time(s), on the SECTION 2. Chapter 18, 'Human Rights' of following date(s): the Code of Ordinances of the City of Iowa City,Iowa is amended by repealing Section 18- �� .! / 32(b)131, and enacting in lieu thereof a new s-1_,Gc.cL ' fJ_) /992 section to be codified to read as follows: V Sec. 18-32Ib1(31. Restrictions based on sex or the presence or absence of dependents in the rental, leasing or sale of housing accommodations by nonprofit corporations. SECTION 3. REPEALER. All ordinances and _ c�d..43- parts of ordinances in conflict with the provisions of the Ordinance are hereby Legal Clerk repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be Subserib d and sworn to be ore me adjudged to be invalid or unconstitutional,such adjudgication shall not affect the validity of the thlday of , A.D. Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. 19 SECTION 5. EFFECTIVE DATE. This • Ordinance shall be in effect after its final • passage, approval and publication as required by law. Passed and approved this 17th day of \ • • r Public Aug 1993. o"'' `'c r SHARON STUBBS � - i�d�►- i MAYOR 01641 August25,1993 T 54` Ord -3K ORDINANCE NO. 93-3588 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING BED AND BREAKFAST HOME- STAYS AND INNS AS ACCESSORY USES IN ALL RESIDENTIAL ZONES EXCEPT THE FACTORY BUILT HOUSING RESIDENTIAL (RFBH) ZONE. WHEREAS, the Zoning Ordinance provides for accessory uses in residential districts; and WHEREAS,bed and breakfast homestays and inns, when appropriately regulated, may be compatible accessory uses in residential zones; and WHEREAS, the Planning and Zoning Commission recommended approval of bed and breakfast homestays and inns as accessory uses in residential zones except the RFBH zone, subject to certain regulations. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Chapter 36, Article I, entitled "General," Section 36-4, entitled "Definitions," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting the following new subsections. (b)(2.1) Bed and Breakfast Homestay. Owner-occupied single-family or duplex dwelling unit with no more than three (3) bedrooms provided to guests who stay for periods not to exceed fourteen (14) consecutive days. (2.2) Bed and Breakfast Inns. Owner-occupied single-family or duplex dwelling unit with four (4) or five (5) bedrooms provided to guests who stay for periods not to exceed fourteen (14) consecutive days. 2. Chapter 36, Article III, entitled "Accessory Uses and Requirements," Section 36-56, entitled "Permitted accessory uses and buildings," of the Code of Ordinances of • Iowa City, Iowa, be and the same is hereby amended by repealing subsections (b) and (c) and adding thereto new subsections (b) and (c) to read as follows: (b) In the RR-1, RS-5, RS-8, and RFBH zones. I 5 Ordinance No. 93-3588 Page 2 (1) Bed and breakfast homestays, except in the RFBH zone, provided the following conditions are met: a. The primary use of the property shall be an owner-occupied single-family or duplex dwelling. b. No more than three (3) bedrooms are provided to guests who stay for periods not to exceed fourteen ( 14) consecutive days. c. In addition to the parking spaces required for the dwelling, a minimum of two (2) off-street parking spaces shall be provided. Parking spaces may be located one behind the other. d. All employees must reside on the premises. e. If dwellings contain rooming units for permanent roomers, the number of permitted bedrooms for a bed and breakfast homestay shall be diminished by the number of rooming units. f. Fire protection equipment shall be installed and maintained according to the 1991 Uniform Building Code. g. Signage identifying the bed and breakfast homestay shall be limited to one (1) non-illuminated sign not exceeding two (2) square feet in area. h. Every two years the operator must obtain a permit authorizing this use from the Building Inspector after establishing compliance with City ordinances. (2) Bed and breakfast inns, except in the RFBH zone, subject to approval of a special exception by the Board of Adjustment and provided that the following are met: a. The primary use of the property shall be an owner-occupied single-family or duplex dwelling. b. No more than five (5) bedrooms are provided to guests who stay for periods not to exceed fourteen (14) consecutive days. c. In addition to the parking spaces required for the dwelling, a S Ordinance No. 93-3588 Page 3 minimum of three (3) off-street parking spaces shall be provided. Parking spaces may be located one behind the other. d. All employees must reside on the premises. e. If dwellings contain rooming units for permanent roomers, the number of permitted bedrooms for a bed and breakfast inn shall be diminished by the number of rooming units. f. Fire protection equipment shall be installed and maintained according to the 1991 Uniform Building Code. g. Signage identifying the bed and breakfast inn shall be limited to one (1) non-illuminated sign not exceeding two (2) square feet in area. h. Every two years the operator must obtain a permit authorizing this use from the Building Inspector after establishing compliance with City ordinances. (3) Communication towers and satellite receiving devices provided they shall not be located in the area between the street and principal building; within the required side yard, nor on the roof of any building. (4) Fences as regulated by Sec. 36-64. (5) Gazebos, enclosed patios and similar buildings for passive recreational use. (6) Home occupations provided that no home occupation shall be permitted in which there is associated there- with: a. Any commodity sold upon the premises except that which is produced thereon or is accessory to the home occupation con- ducted on the premises. b. Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the con- fines of the dwelling unit or accessory building. c. Any exterior display, exterior storage of materials, signs (except as otherwise permitted), S Ordinance No. 93-3588 Page 4 house calls after 10:00 p.m. or before 7:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. d. Employees other than those residing on the premises. (7) Horses and ponies and structures for the shelter of horses and ponies, except commercial stables, shall be permitted in the RR-1 zone but not in the RS-5, RS-8 and RFBH zones. The minimum lot area provided shall be two (2) acres for the first horse or pony plus one (1) acre for each additional horse or pony. (8) Off-street parking for a use permit- ted in the zone in which the off-street parking is located, as regulated by Sec. 36-58. (9) Private garages. (10) Private greenhouses or conservato- ries. (11) Private recreational uses and facili- ties including but not limited to swimming pools and tennis courts. (12) Signs as regulated by Sec. 36-60. (13) Storage building for the storage of wood, lumber, gardening equipment and other materials and equipment exclusively for the use of the resi- dents of the premises but not includ- ing a storage building for commercial purposes and provided that only one such building shall be permitted on a lot. (14) Structures for the shelter of house- hold pets except kennels. (c) In the RS-12, RNC-12, RM-12, RNC-20, RM-20, RM-44 and PRM Zones. In addition to the accessory uses included in sub- section IN, storage buildings and off-street loading shall be permitted. (Ord. #92-3549, 9/15/92) 3. Chapter 36, Article III, entitled "Accessory Uses and Requirements," Section 36-58, entitled "Off-street parking requirements," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by repealing subsection (a)(1) and 5 Ordinance No. 93-3588 Page 5 adding thereto a new subsection (a)(1) to read as follows: (a) Required number of off-street parking spaces. In all zones, except in the CB-10 zone unless specifically required, there shall be provided prior to the occupation of a building or commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: 3 Ordinance No. 93-3588 Page 6 Principal Use Zone Number of Spaces (1) Residential uses. a. Bed and breakfast homestays Where permitted Two (2) parking spaces in addition to the spaces required for the dwelling unit. b. Bed and breakfast inns Where permitted Three (3) parking spaces in addition to the spaces required for the dwelling unit. c. Family care facility Where permitted Four (4) parking spaces. d. Hotels & motels 1. Where permitted One and one-quarter (1 %) except CB-5 and parking spaces for each guest CB-10 unit. 2. CB-5 and CB-10 Parking spaces shall be fur- nished by providing spaces within a publicly-owned parking facility located within 300 feet of the hotel or motel, as specified by a written agree- ment between the owner of the hotel and the owner of the park- ing facility; or one and one- quarter (11/4) parking spaces for each guest unit on the same lot as the use served or within 300 feet. e. Mobile & modular RMH Two (2) parking spaces for each homes home. f. Multi-family 1. Where permitted According to the following dwellings except high-rises table: in the CB-2 and CB-5 zones and Floor Parking efficiencies in the area spaces per PRM zone. (Ord. (so.ft.) Dwelling unit #92-3549, 9/15/92) up to 800 1.5 800 & over 2.0 2. High-rises in One (1) space for each dwelling the CB-2 zone. unit. (Ord. #92-3549, 9/15192) S Ordinance No. 93-3588 Page 7 3. CB-5 According to the following table: Floor Parking area spaces per (sq.ft.) Dwelling unit up to 800 1 800 & over 1.5 4. Efficiencies in the One (1) parking space for each PRM zone. dwelling unit. f. Multi-family 1. Where permitted One (1) parking space for each dwellings (elderly except CB-2, dwelling unit. housing) CB-5 and CB-10 2. CB-2, CB-5 and One (1) parking space for each PRM two (2) dwelling units. 3. CB-10 One (1) parking space for each four (4) dwelling units. g. Rooming houses & Where permitted One (1) parking space for each apartment hotels • 200 square feet of floor area. h. Fraternity/sorority Where permitted One (1) parking space for each houses 300 square feet of floor area. i. Single family dwell- Where permitted Two (2) parking spaces for each ings, duplexes & dwelling unit. townhouse units j. Transient housing Where permitted One-quarter (%) parking space per occupant, based on the maximum number of occupants. s Ordinance No. 93-3588 Page 8 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 31st day of August, 1993. 49e(44/ MAYOR ATTEST: 71.7a� 71; 2vt/ CITY CL K Approved by- / `7" )} /Wv[.�A-..A ca- City Attorney's Office / 7-/G — y3 ppdMminkbedbreak.ord 5 It was moved by Horowitz and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz X Kubby X McDonald TX---- Novick A Pigott First Consideration 8/3/93 Vote for passage: AYES: Courtney, Kubby, McDonald,Novick, Pigott, Ambrisco. NAYS: None. ABSENT: Horowitz. Second Consideration 8/17/93 Vote for passage:Ayes: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. Nays: None. Absent: None. Date published 9/8/93 5 ;JO 114111RaLCy 1 11 i CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3588 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 31st day of August , 19 93 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of October , 19 93 e. waLcA Susan Walsh Deputy City Clerk lwdsh.crt • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1816nts 'g FAX(3I9) 356-3009 OFFICIAL PUBLICATION OK 1.), L —, ` ,C:5. '' ORDINANCE NO. 93-3588 121 Bed and breakfast inns,except in the /'� RFBH zone,subject to approval of a Printer's fee $ // 7// AN ORDINANCE AMENDING CHAPTER 36 OF special exception by the Board of THE CODE OF ORDINANCES OF THE CITY OF Adjustment and provided that the IOWA CITY, IOWA, ENTITLED "ZONING" BY following are met: CERTIFICATE OF PUBLICATION PERMITTING BED AND BREAKFAST HOME- a. The primary use of-the property STAied STATE OF IOWA, Johnson County, ss: USES IN single-family or duplex dwelling. ALL RESDENTIAL ZONESS AND INNS AS ACCESSORY ALLEXCEPT THE THE IOWA CITY PRESS-CITIZEN FACTORY BUILT HOUSING RESIDENTIAL b. No more than five 15)bedrooms (RFBH)ZONE. are provided to guests who stay FED. ID# 42-0330670 for periods not to exceed WHEREAS, the Zoning Ordinance provides fourteen 1141 consecutive days. for accessory uses in residential districts;and C. In addition to the'parking spaces I, WHEREAS,bed and breakfast homestays and required for the dwelling, a Margaret Rios, being duly sworn, inns, when appropriately regulated, may be minimum of three 131 off-street compatible accessory uses in residential zones; parking spaces shall be provided. say that I am the legal clerk of and Parking spaces may be located the IOWA CITY PRESS-CITIZENWHEREAS, the Planning and Zoning one behind the other. Commission recommended approval of bed and d. All employees must reside on the a newspaper published in said breakfast homestays and inns as accessory premises. uses in residential zones except the RFBH zone, e. If dwellings contain rooming county, and that a notice, a subject to certain regulations. units for permanent roomers,the copyof which is hereto NOW,THEREFORE,BE IT ORDAINED BY THE number of permitted bedrooms printed CITY COUNCIL OF IOWA CITY, IOWA. for a bed and breakfast inn shall attached, was published in said SECTION I. AMENDMENTS. be diminished by the number of paper / time(s), on the 1. Chapter 36, Article I, entitled "General," ooming units. f.Section 36-4,entitled "Definitions,"of the Fire protection equipment shall following date(s): Code of Ordinances of the City of Iowa be installed and maintained City, Iowa, be and the same is hereby according to the 1991 Uniform • Jra _ �, /y^93 amended by adopting the following new Building Code. subsections. g. Signage identifying the bed and Ib1(2.1) Bed and Breakfast Homestay. breakfast inn shall be limited to Owner-occupied single-family or one(1) non-illuminated sign not duplex dwelling unit with no more exceeding two 121 square feet in than three(31 bedrooms provided to area. 6 guestseewho sten for periodscnot to h. Every two yoars the operator ��-r exceed fourteen 1141 consecutive must obtain a permit authorizing days. this use from the Building Legal Clerk (2.21 Bed and Breakfast Inns. Inspector a"ter establishing Owner-occupied single-family or compliance with City ordinances. duplex dwelling unit with four(4)or (31 Communication towers and satellite Subscribed and sworn to b fore me five(5)bedrooms provided to guests receiving devices provided they shall who stay for periods not to exceed not be located in the area between thlT1 fourteen(141 consecutive days. the street and principal building; day of r , A.L. 2. Chapter 36, Article III,entitled"Accessory within the required side yard,nor on Uses and Requirements," Section 36-56, the roof of any building. 1 . entitled "Permitted accessory uses and (4) Fences as regulated by Sec. 36-64. buildings," of the Code of Ordinances of (5) Gazebos,enclosed patios and similar City,Iowa,be and the same and .... ..........kout...z,r..2„.1._ s_....... ,,,,..43 lov..3 amended by repealinggsubsections lb) and Ic)and adding thereto new subsections lb) buildings for passive recreational. Nota Public and(c)to read as follows: use. (b) In the RR-1,RS-5,RS-8,and RFBH zones. (6) Home occupations provided that no 0 14 t s; SHARON STUBBS 11) Bed and breakfast homestays, home occupation shall be permitted except in the RFBH zone, provided in which there is associated there- the following conditions are met: with: - . • • r.• ., n - a. Any commodity sold upon the a. The primary use of the property premises except that which is shall be an owner-occupied produced thereon or is accessory single-family or duplex dwelling. to the home occupation con- b. No more than three (31 ducted on the premises. bedrooms are provided to guests b. Any disturbance such as noise, who stay for periods not to vibration, smoke, dust, odor, exceed fourteen 1 1 4 I heat or glare beyond the con- consecutive days. fines of the dwelling unit or c. In addition to the parking spaces accessory building. required for the dwelling, a c. Any exterior display, exterior minimum of two (21 off-street storage of materials, signs parking spaces shall be provided. (except as otherwise permitted), Parking spaces may be located house calls after 10:00 p.m. or one behind the other. before 7:00 a.m., or other d. All employees must reside on the indication from the exterior that premises. the dwelling unit or accessory e. If dwellings contain rooming building is being used in part for units for permanent roomers,the any use other than that of a number of permitted bedrooms dwelling or accessory building for a bed and breakfast for purely residential purposes. homestay shall be diminished by d. Employees other than those the number of rooming units. residing on the premises. f. Fire protection equipment shall (7) Horses and ponies and structures for be installed and maintained the shelter of horses and ponies, according to the 1991 Uniform except commercial stables, shall be Building Code. permitted in the RR-1 zone but not in g. Signage identifying the bed and the RS-5, RS-8 and RFBH zones. breakfast homestay shall be The minimum lot area provided shall limited to one 11)non-illuminated be two (21 acres for the first horse sign not exceeding two 12) or pony plus one (1) acre for each square feet in area. additional horse or pony. h. Every two years the operator (81 Off-street parking for a use permit- must obtain a permit authorizing ted in the zone in which the this use from the Building off-street parking is located, as Inspector after establishing regulated by Sec. 36-58. compliance with City ordinances. (91 Private garages. (101 Private greenhouses or conservato- ,../1,...11J• -l✓ ✓vL-iD ries.vPrincipal Use Zone Number of Spaces 1111 Private recreational uses and facili- ties including but not limited to swimming pools and tennis courts. (1) Residential uses. 112) Signs as regulated by Sec. 36-60. (131 Storage building for the storage of a.Bed and breakfast Where permitted Two (2) parking spaces in wood,lumber, gardening equipment homestays addition to the spaces required and other materials and equipment for the dwelling unit. exclusively for the use of the resi• dents of the premises but not includ- b. Bed and breakfast inns Where permitted Three 13) parking spaces in ing a storage building for commercial addition to the spaces required purposes and provided that only one for the dwelling unit. such building shall be permitted on a lot. c. Family care facility Where permitted Four(4) parking spaces. 1141 Structures for the shelter of house- hold pets except kennels. Ic) In the RS-12, RNC-12, RM-12, RNC-20, d. Hotels&motels 1.Where permitted One and one-quarter 11''4) RM-20,RM-44 and PRM Zones. In addition except CB-5 and parking spaces for each guest CB-10 unit. to the accessory uses included in sub- section Ibl,storage buildings and off-street loading shall be permitted.)Ord.#92-3549. 2. CB-5 and CB-10 Parking spaces shall be fur- 9/15/921 nished by providing spaces 3. Chapter 36,Article III,entitled"Accessory within a publicly-owned parking Uses and Requirements," Section 36-58, facility located within 300 feet entitled "Off-street parking requirements," of the hotel or motel, as of the Code of Ordinances of the City of specified by a written agree- Iowa City, Iowa,be and the same is hereby ment between the owner of the amended by repealing subsection(a1(11 and hotel and the owner of the park- adding thereto a new subsection la)(1) to ing facility; or one and one- read as follows: quarter 11',:) parking spaces for (a) Required number of off-street each guest unit on the same lot garkinq spaces. In all zones,except as the use served or within 300 in the CB-10 zone unless specifically feet. required, there shall be provided prior to the occupation of a building or commencement of a principal use e. Mobile& modular RMH Two(21 parking spaces for each a minimum number of off-street homes home. parking and stacking spaces as follows: f. Multi-family 1. Where permitted According to the following dwellings except high-rises table: in the CB-2 and CB-5 zones and Floor Parking efficiencies in the area spaces per PRM zone. (Ord. Iso ft.) Dwelling unit #92-3549, 9/15/921 up to 800 1.5 800 & over 2.0 2. High-rises in One(1)space for each dwelling the CB-2 zone. unit. (Ord. #92-3549, 9/15/92) 3. CB-5 According to the following table: Floor Parking area spaces per lsq.ft.l Dwelling unit up to 800 1 800 & over 1.5 4. Efficiencies in the One (1) parking space for each PRM zone. dwelling unit. f. Multi-family 1. Where permitted One (1) parking space for each dwellings(elderly except CB-2, dwelling unit. housing) CB-5 and CB-10 2. CB-2, CB-5 and One (11 parking space for each PRM two (21 dwelling units. 3. CB-10 • One (11 parking space for each four (4) dwelling units. g. Rooming houses& Where permitted One 11) parking space for each apartment hotels 200 square feet of floor area. h. Fraternity/sorority Where permitted One (1) parking space for each houses 300 square feet of floor area. i. Single family dwell- Where permitted Two(21 parking spaces for each ings, duplexes& dwelling unit. townhouse units j. Transient housing Where permitted One-quarter ('A) parking space per occupant, based on the maximum number of occupants. 020• q3 -3.5 ' 3 SECTION II. REPEALER. All ordinances and passage,approval and publication,as provided parts of ordinances in conflict with the by law. provisions of this Ordinance are hereby Passed and approved this 31st day of repealed. AuKust, 1993. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such , �..drI adjudication shall not affect the validity of the MAYOR v Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. • SECTION IV. EFFECTIVE DATE. This ATTEST: Ordinance shall be in effect after its final CITY CL 'K 01936 September 8,1993 _A • Did _6fL 66- ORDINANCE NO. 93-3589 AN ORDINANCE VACATING THE ALLEY LOCATED WEST OF GILBERT STREET AND NORTH OF KIRKWOOD AVENUE BETWEEN 210 AND 230 KIRKWOOD AVENUE. WHEREAS, platted alleys in some areas of the City are no longer used; and WHEREAS, the north-south alley located west of Gilbert Street and north' of Kirkwood Avenue is no longer needed for access to abutting properties. • NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to 1) closure of the curb cut located on the northwest corner of Kirkwood Avenue and Gilbert Street; 2) execution of an agreement providing for no more than two curb cuts on the north side of Kirkwood Avenue between Gilbert Street and Ralston Creek with future redevelopment of the site; 3) establishment of a conservation easement parallel to and extending to the top of the bank of Ralston Creek on applicant's property; and 4) retention of an easement over the vacated alley for the existing U.S. West phone lines, the City of Iowa City hereby vacates the alley legally described as follows: The alley located west of Lots 25, 26, and 27 and east of Lots 28, 29 and 30 of White's Subdivision of Outlot 4, County Seat Addition. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or. unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of September, 1993. Ordinance No. 94-9589 Page 2 SI/L 4.14.4917.k.- MA 4.4917 MA OR • • ATTEST: hir / CITY CL K Approved by City Attorney's Office gr-3-C/,3 ppd•dminalleyv.c.wd 4, It was moved by Ambrisco and seconded by Novirk that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Ambrisco Courtney x Horowitz - x Kubby McDonald x X Novick Pigott First Consideration August 17, 1993 Vote for passage:Ayes: Courtney, Horowitz, Kubby, Novick, Pigott, Ambrisco. Absent: None. Abstain: McDonald. Second Consideration , August 31, 1993 Vote for passage: AYES: Novick, Pigott, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. ABSTAIN: McDonald. Date published 9/22/93 IO th i< 1 wwy li) ,+PEEP n4n., CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Susan Walsh, Deputy. City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3589 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of September , 19 93 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of October , 19 93 . jtAam 7. (midi) Susan Walsh Deputy City Clerk IWLSh.Ca CIVIC CENTER • 411 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240.1126 FAX(719) 756-5009 inrocTd" n DRU, 93 - 3589 OFFICIAL PUBLICATION ORDINANCE NO. 4"1-'i5A9 AN ORDINANCE VACATING THE ALLEY LOCATED WEST OF GILBERT STREET AND NORTH OF KIRKWOOD AVENUE BETWEEN 210 AND 230 KIRKWOOD AVENUE. Printer's fee $ /7. /7 WHEREAS, planed alleys in some areas of the City are no longer used;and CERTIFICATE OF PUBLICATION WHEREAS, the north-south alley located STATE OF IOWA,Johnson Count ss: west of Gilbert Street and north of Kirkwood ytAvenue is no longer needed for access to THE IOWA CITY PRESS-CITIZEN abutting properties. NOW,THEREFORE,BE IT ORDAINED BY THE FED. ID# 42-0330670 CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I, SECTION I. VACATION. Subject to 11 closure of the curb cut located on the northwest corner Margaret Rios, being duly sworn, of Kirkwood Avenue and Gilbert Street: 21 say that I am the legal clerk of execution of an agreement providing for no more than two curb cuts on the north side of the IOWA CITY PRESS-CITIZEN, Kirkwood Avenue between Gilbert Street and a newspaper published in said Ralston Creek wblah futurment redevelopmentsaf theo site; 31 establishment of a conservation county, and that a notice, a easement parallel to and extending to the top of the bank of Ralston Creek on applicant's printed copy of which is hereto property;and 41 retention of an easement over attached, was published in said he vacated alley for the existing U.S. West phone lines, the City of Iowa City hereby paper f time(s), on the vacates the alley legally described as follows: The alley located west of Lots 25, 26,and following date(s): • 27 and east of Lots 28, 29 and 30 of White's Subdivision of Outlot 4, County t O,-ry-,12k, Q a / 99'3 Seat Addition. Q SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. (�j �r SECTION III. SEVERABILITY. If any section, � �� provision or part of the Ordinance shall be T Clerk adjudged to be invalid or unconstitutional,such Legal Clerk • adjudication shall not affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or Subscribed and sworn to before me unconstitutional. SECTION IV. EFFECTIVE DATE. This this c2..day of -S-PipA.D. Ordinance shall be in effect after its final passage, approval and publication,as provided by law, 199.3 Passed and approved this 14th day of September, 1993. ...., -"it-g....4 ",,,, TI.�'�x`= ::sTu8 Yb -1(44`i4 ----- • 1 /J ATTEST: NAS..) 7f'1. ?mit/ CITY CL K 10088 September 22.1993 (//o Dt_ �3 �z ORDINANCE NO. 93-3590 ORDINANCE AMENDING SECTION 2-100 OF THE CODE OF ORDINANCES OF IOWA CITY BY REVISING THE MEMBERSHIP REQUIREMENTS FOR BOARDS AND COMMISSIONS • SECTION I. PURPOSE. The purpose of this ordinance is to revise the eligibility requirements for members of city boards and commissions by allowing individuals who are not eligible electors of the city to serve as members. SECTION II. AMENDMENT. Chapter 2, entitled "Administration," Article IV, entitled "Boards and Commissions," Section 2-100, entitled, "Membership, compensation, and tenure," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by repealing Section 2-100 kid adding thereto a new Section 2-100 to read as follows: Section 2-100. Membership, compensation and tenure. All members of boards and commissions shall serve without compensation and, except as specifically authorized by the by-laws of the particular board or commission, shall be eligible electors of the city. However, in all cases the • city council must first approve the by-laws exempting members from the eligible elector requirement. A commission or board member's consecutive unexplained/unexcused absences from regular meetings may be cause for removal of said member. The chairperson of the board or commission shall inform the city council of any such occurrence. In addition, the appointing authority may remove any member for cause, except in the case of ex officio members and except as otherwise provided by state law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 7 Ordinance No. 93-3590 Page 2 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of Se. -mbar, 1993. oplimr MAYOR . ATTEST: �'(0�t/.gnr� p �p22/ CITY CLERK A� ^- Approved by pp ` / (A 0 d I��j (' L City Attorney's Office ecode vline mbrees.ord 47 It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney V Horowitz _Y Kubby McDonald Novick X Pigott First Consideration 8/31/93 Vote for passage: AYES: Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/22/93 Moved by McDonald, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at witch it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: None. I �W.1\ITIY fi0 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3590 which was passed by the City Council of Iowa City, Iowa, ata regular meeting held on the 14th day of September , 19 93 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of October , 19 93 . daAll K Cat Susan Walsh Deputy City Clerk lwSsh.crt CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 r1 FAX(319) 356-5009 ori l)) ORDINANCE NO. gq_lsq1 ORDINANCE AMENDING CHAPTER 32.1, ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63, PARKING FEES AND CHARGES AUTHORIZED IN CHAPTER 23. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 32.1, Article IV, of the Iowa City Code of Ordinances, shall be and is hereby amended by inclusion of the following fees in Section 23-279: Sec. 23-279. Penalties for Parking Violations Ten days after issue, overtime and expired meter ticket fees shall increase to $5.00. Thirty days after issue, all illegal parking fees, except handicapped, shall increase to $10.00. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicationshall 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 28th day of Se.t-mber, 1993. MAYOR ' ATTEST: �� ,l1.4 CITY CL K Iroel, Attorney's Office 9//93 linpkalschfoa.ard 8 It was moved by McDonald and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney x Horowitz Kubby McDonald Novick x Pigott First Consideration 9/14/93_ Vote for passage: AYES: McDonald, Novick, Pigott, Ambrisco, Courtney, Horowitz, Kubby. Second Consideration Vote for passage: Date published 10/6/91 Moved by McDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordin- ' ance be voted upon for final passage at this time. AYES: Courtney, Horowitz, McDonald, Novick, Pigott, Ambrisco. NAYS: Kubby. ABSENT: None. • 9 4 CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3591 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of September , 19 93 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16th day of November , 19 93 itaa/n Ukiah Susan Walsh Deputy City Clerk Iwelsh.ert • • CIVIC CENTER • 410 E. WASHINGTON St ��4J� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 iia. oRD. 93-3597 OFFICIAL PUBLICATION Printer's fee $ ORDINANCE NO. 91-'1541 ORDINANCE AMENDING CHAPTER 32.1, CERTIFICATE OF PUBLICATION ARTICLE IV, SCHEDULE OF FEES OF THE CODE OF ORDINANCES STATE OF IOWA,Johnson County, ss: IOWA, BY AMENDING IOWA CITY, SECTION 32.1$3, THE IOWA CITY PRESS-CITIZEN IN PARKING FEES AND CHARGES AUTHORIZED CHAP23. FED. ID#42-0330670 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, I, IOWA: Margaret Rios, being duly sworn SECTION I. Chapter 32.1, Article IV, of the Iowa City Code of Ordinances, shall be and is say that I am the legal clerk of hereby amended by inclusion of the following the IOWA CITY PRESS-CITIZEN, fees in Section 23.279:Sec. 23-279. Penalties for Parking a newspaperin said Vip1aiiOns publishedTen days after issue, overtime and county, and that a notice, a expired meter ticket fees shall increase to 95.00. printed copy of which is hereto Thirty days after issue, all illegal attached, was published in said parking fees, except handicapped, shall increase to$10.00. paper / tune(s), on the SECTION II. REPEALER. All ordinances and following date(s): parts of ordinances conflict with the of provisions of thisis Ordinance are hereby repealed. • /99_3 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 `�� Z •9.[�7 �-�-�-.� unconstitutional. SECTION IV. EFFECTIVE OAT . This Legal Clerk Ordinance shall be in effect after its final passage. approval and publication,as provided by law. Subscribed and swo n to before me Passed and approved this 28th day of Se.t-mber, 1993. this Mif day of , A.D. . .;,,�; - %1�, 19 MAYOR cti-,A-4.1')/C111111.91" CITY CLERK 5062 October 6,1993 Notary b ublic 'H ` ai r Pi OrA . 3/C ORDINANCE NO. 93-3592 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 1.65 ACRE TRACT OF LAND LOCATED AT 702 SOUTH GILBERT STREET, IOWA CITY, IOWA, FROM CI-1 , INTENSIVE COMMERCIAL, TO CC-2, COMMUNITY COMMERCIAL. WHEREAS, Kennedy Plaza Inc. and Capitol Implement Co., the applicant and owner, have requested the City to rezone an approximate 1.65 acre tract of land located at 702 South Gilbert Street, Iowa City, Iowa, from CI-1, Intensive Commercial, to CC-2, Community Commercial; and WHEREAS, the subject property is • located in an area of general commercial development; and WHEREAS;the land uses allowed in the proposed CC-2 zone are compatible with the existing land uses in the surrounding area and the land uses permitted by the zoning on adjacent properties; and WHEREAS, the Planning and Zoning Commission and City staff recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property legally described in Attachment"A", attached hereto and incorporated by reference, is hereby reclassified from its present classification of CI-1, Intensive Commercial to CC-2, Community Commercial. SECTION II. ZONING MAP. The Building Inspector 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. 9 Ordinance No. 93-3592 Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid . or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 12th day of SifOctob- 1993. �4 ' %I.. MAYOR /// / ATTEST: �fJ y}'. �t/ CI LERK Approved by City AttorneyasOOffice \sgilbert.ord 9 It was moved by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Horowitz Kubby McDonald X Novick x Pigott First Consideration 9/28/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published - 10/20/93 vie Moved byMcDonald, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Novick, Pigott, Courtney, Horowitz, Kubby, McDonald. NAYS: . None. ABSENT: Ambrisco. Ile-�ubl�s/�ec� ��1�95� pe.4 ass/5*ot eify 4/Mrney$o/niann 9 ATTACHMENT "A" LEGAL DESCRIPTION The following described real estate situated in Johnson County, Iowa, to wit: Beginning at a 5/8 inch iron pin found at the Southeast Corner of Lot 4, of Block 22L of the County Seat Addition to Iowa City; Thence N89°35'00"W, (A Recorded Bearing) along the Northerly Line of Lafayette Street, 55.80 feet, to a 5/8 inch iron pin found on the Easterly Right-of-Way Line of Relocated Gilbert Street; Thence N16°11'5111E, along said Easterly Right-of-Way Line of relocated Gilbert Street, 119.25 feet, to a 5/8 inch iron pin found; Thence Northeasterly 155.72 feet along said Easterly Right-of-Way Line of relocated Gilbert Street, on a nontangent 919.93 foot radius curve, concave Southeasterly, whose 155.53 foot chord bears N21°47'4511E, to its intersection with the Northerly Line of the parcel conveyed by the Chicago Rock Island & Pacific Railroad Company to Capitol Im- plement Company, Recorded in Book 298, at page 261, of the Records of the Johnson County Recorder's Office; Thence Southeasterly, 244.25 feet along said Northerly Line, on a 256.98 foot radius curve, concave Southwest- erly, whose 235. 16 foot chord bears S51°04'3411E, to a point on the Southwesterly Line of the Railroad Depot Grounds; Thence S74°36'4711E, along said Southwesterly , Line, 39.10 feet, to its intersection with the Westerly Right-of-Way Line of Gilbert Court (formerly known as Gilbert Street) ; Thence S00°28'54"W, along said West- erly Line of Gilbert Court, 175.38 feet, to the South- east Corner of Lot 1 of Block 4, of Lyon's First Addi- tion; Thence N87°03'07'"W, 99.31 feet; Thence S00°11'19"E, 20.00 feet, to a 5/8 inch iron pin with Stoffer P.E. & L.S. No. 6709 cap affixed; Thence S89°18'0811W, 105.29 feet, to a 5/8 inch iron pin found at the Northwest Corner of Lot 6 of said Block 4, of Lyon's First Addition; Thence N00°00'OO11E, along the East line of Maiden Lane 89.97 feet, to the Southeast Corner of the parcel conveyed by Quit Claim Deed Recorded in Book 823, at Page 225, of the Records of the Johnson County Recorder's Office; Thence N89°35'OO""W, 50.00 feet, to the Point of Beginning. Said tract of land contains 1.65 acres, more or less, and is subject to easements and restrictions of Record; the above-described real estate is also described as fol- lows: Commencing at the Southeast corner of Lot 7 in Block 4 of Lyon's First Addition, Iowa City, Iowa; thence North 144.00 feet to the point of beginning; 1 -2- thence North 155.00 feet; thence North 75°03 , West 215. 65 feet; thence South 0021,301, East 210. 67 feet; thence East 207.00 feet to the point of beginning. The above is in accordance to the place recorded in Plat Book 2, Page 152 in the Recorder's Office of Johnson County, Iowa. Also, Commencing at the northwest corner of Lot 4 in Block 4 of Lyon's First Addition, Iowa City, Iowa; thence North 0°21.30" West 20.73 feet to the point of beginning; thence South 75°03• East 174.42 feet; thence Northwesterly 227.19 feet along a 256.98 foot radius curve concave Southwesterly; thence South 0021,30" East 97 .95 feet to the point of beginning. R:92a1612.rst 9 tp�limn'���'A�qp4�y[ Ory • . ..•..IFF'i te 'sva. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3592 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of October , 19 93 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 16th day of November , 1993 . Jai Susan Walsh Deputy City Clerk lwdxh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. ��. (319) 356-5000 J56-5009 IOWA CITY IOWA 52240-1826 -' oRO. 93-354 Printer's fee $ aZS. 30 CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION STATE OF IOWA, Johnson County, ss: ORDINANCE NO. qi-iscp • SECTION II. ZONING MAP. The Building THE IOWA CITY PRESS-CITIZENInspector is hereby authorized and directed AN ORDINANCE AMENDING THE ZONING to change the zoriing map of the City of FED. ID # 42-0330670 ORDINANCE BY CHANGING THE USE Iowa City, Icwa. to conform to this REGULATIONS OF AN APPROXIMATE 1.65 amendment upon the final passage, I ACRE TRACT OF LAND LOCATED AT 702 approval and publication of this Ordinance SOUTH GILBERT STREET, IOWA CITY, as provided by law. Margaret Rios, being duly sworn, IOWA, FROM CI-1, INTENSIVE SECTION III. CERTIFICATION AND say that I am the legal clerk Of COMMERCIAL, TO' CC-2, COMMUNITY RECORDING The City Clerk is hereby COMMERCIAL. authorized and directed to certify a copy of the IOWA CITY PRESS-CITIZEN, this Ordinance which shall be recorded by a newspaper published in said WHEREAS, Kennedy Plaza Inc. and the owner at the Office of the .County Capitol Implement Co., the applicant and Recorder of Johnson County. Iowa. upon county, and that a notice, a owner,have requested the City to rezone an final passage and publication as provided by printed copy of which is hereto approximate 1 65 acre tract of land located law at 702 South Gilbert Street, Iowa City, Iowa, SECTION IV. REPEALER. All ordinances attached, was published in said from CI-1, Intensive Commercial, to CC-2, and parts of ordinances in conflict with the Community Commercial; and provision of this Ordinance are hereby paper i time(s), on the , WHEREAS. the subject property is repealed. following date(s): located in an area of general commercial SECTION V SEVERABILITY. If any section, development; and provision or part of this Ordinance shall be 0. .i L�-C-1 6-216 /99 ' WHEREAS,the land uses allowed in the adjudged to be invalid or unconstitutional, proposed CC-2 zone are compatible with the such adjudication shall not affect the validity existing land uses in the surrounding area of the Ordinance as a whole or any sectioh, and the land uses permitted by the zoning provision or part thereof not adjudged invalid on adjacent properties;and or unconstituticnal. SECTION VI, EFFECTIVE DATE. This _/../".2e1.,-(.7_. lP•6_,,6_,,1- -71.c-a.a WHEREAS, the Planning and Zoning Ordinance shall be in effect atter its final Legal Clerk Commission and City staff recommended passage. approval and publication, as approval of the proposed rezoning. required by law. NOW, THEREFORE, BE IT ORDAINED Passed and approved this 12cr i.�: Subscrib d and sworn to before me BY THE CITY COUNCIL OF THE CITY OF �'occcb--- 1993. ' IOWA,CITY, IOWA,THAT: �/, this ;1-6t day of Al).�0 (1 . SECTION I. APPROVAL. The property 4 ""Lair_ /// r legally described in Attachment"A",attached MAYOR 1 hereto and incorporated by reference. is �,,, 7/44 :- classification `/ hereby reclassified from its present ATTEST: /i�,c�c,.) 4,i classification of CI-1, Intensive Commercial CIri1 CLERK to CC-2. Community Commercial, 6801 October 20.1993 "---.-4P-A---r 4.Ne\---- — / - ) Ea'''4` 1SHARONSTIJE,ES blic piL -pCattCat cL /i41/?3 /(2vi fit. &J7 . Bo-owa7 . oRD. 93--35'1 IofdL Printer's fee $Sg /6 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION FED. ID # 42-0330670 ORDINANCE NO. q3-1592 AN 111ZONING 1111111.1111111 being duly sworn, ORDINANCEORDINOE BYA MENDING CHANGINGHE THE USE say that I am the legal clerk of REGULATIONS OF AN APPROXIMATE 1.65 ACRE TRACT OF LAND LOCATED AT 702 the IOWA CITY PRESS-CITIZEN, SOUTH GILBERT STREET, IOWA CITY, a newspaper published in said IOWA, FROM CI-1, INTENSIVE COMMERCIAL, TO CC-2, COMMUNITY county, and that a notice, a COMMERCIAL. printed copy of which is hereto WHEREAS, Kennedy Plaza Inc. and attached, was published in said Capitol Implement Co., the applicant and paper time(s), on the owner,have requested the City to rezone an approximate 1.65 acre tract of land located following date(s): at 702 South Gilbert Street, Iowa City, Iowa, fr^ c- fCIA om , IntensiveCmmCommercial, to CC-2, (l l 1 Community Commercial;and WHEREAS, the subject property is located in an area of general commercial development;and WHEREAS,the land uses allowed in the 0--)1S" ‘ CC113 proposed CC-2 zone are compatible with the existing land uses in the surrounding area Legal Clerk and the land uses permitted by the zoning on adjacent properties; and WHEREAS, the Planning and Zoning Subscribed and sworn to before me commission and City staff recommended approval of the proposed rezoning. this R' day of `� A.D. BY THE CITY COUNOW, ENCI OF THERE, BE IT ORDAINEDII IOWA CITY, IOWA,THAT: 19 T ' , SECTION I. APPROVAL. The property legally described in Attachment"A",attached 9� hereto and incorporated by reference, is / // �� ( ,,,, hereby reclassified from its present Nota Public classification of CI-1, Intensive Commercial to CC-2,Community Commercial. eliMARGAR�R SECTION II. ZONING MAP. The Building :! Inspector is hereby authorized and directed 'l 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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, fie- ?U to(I,Grit 611 I Si- p v(01 i Cs 'h i j 0/.20[13 Sec preu lGIAZ clOc..OfAILKO 9 ORU . (43 ori. OFFICIAL PUBLICATION OFFICIAL PUBLICATION Passed and approved this 12th day of provision or part thereof not adjudged invalid Octo 1991. or unconstitutional �- SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final MAYOR • passage, approval and publication, as ATTEST: .,,] �,�,tj required by law. C LERK ATTACHMENT "A" LEGAL DESCRIPTION The following described real estate situated in Johnson County, Iowa, to wit: Beginning at a 5/8 inch iron pin found at the Southeast Corner of Lot 4, of Block 22 of the County Seat Addition to Iowa City; Thence N89°35'00"W, (A Recorded Bearing) along the Northerly Line of Lafayette Street, 55.80 feet, to a 5/8 inch iron pin found on the Easterly Right-of-Way Line of Relocated Gilbert street; Thence N16°11'51"E, along said Easterly Right-of-Way Line of relocated Gilbert Street, 119.25 feet, to a 5/8 inch iron pin found; Thence Northeasterly 155.72 feet along said Easterly Right-of-Way Line of relocated Gilbert Street, on a nontangent 919.93 foot radius curve, concave Southeasterly, whose 155.53 foot chord bears N21°47'45"E, to its intersection with the Northerly Line of the parcel conveyed by the Chicago Rock Island L Pacific Railroad Company to Capitol Im- plement Company, Recorded in Book 298, at page 261, of the Records of the Johnson County Recorder's Office; Thence Southeasterly, 244.25 feet along said Northerly Line, on a 256.98 foot radius curve, concave Southwest- erly, whose 235.16 foot chord bears 651°04'34"E, to a point on the Southwesterly Line of the Railroad Depot Grounds; Thence 874°36'47"E, along said Southwesterly Line, 39.10 feet, to its intersection with the Westerly Right-of-Way Line of Gilbert Court (formerly known as Gilbert Street); Thence S00°28'54"W, along said West- erly Line of Gilbert Court, 175.38 feet, to the South- east Corner of Lot 1 of Block 4, of Lyon's First Addi- tion; Thence N87°03'07"W, 99.31 feet; Thence S00°11'19"E, 20.00 feet, to a 5/8 inch iron pin with Stoffer P.E. & L.S. No. 6709 cap affixed; Thence S89°18'08"W, 105.29 feet, to a 5/8 inch iron pin found at the Northwest Corner of Lot 6 of said Block 4, of Lyon's First Addition; Thence N00°00'00"E, along the East line of Maiden Lane 89.97 feet, to the Southeast Corner of the parcel conveyed by Quit Claim Deed Recorded in Book 823, at Page 225, of the Records of the Johnson County Recorder's Office; Thence N89°35'00"W, 50.00 feet, to the Point of Beginning. Said tract of land contains 1.65 acres, more or less, and is subject to easements and restrictions of Record; the above-described real estate is also described as fol- lows: Commencing at the southeast corner of Lot 7 in Block 4 of Lyon's First Addition, Iowa City, Iowa; thence North 144.00 feet to the point of beginning; thence North 155.00 feet; thence North 75°03' West 215.65 feet; thence South 0°21'30" East 210.67 feet; thence East 207.00 feet to the point of beginning. The above is in accordance to the place recorded in Plat Book 2, Page 152 in the Recorder's Office of Johnson County, Iowa. Also, Commencing at the northwest corner of Lot 4 in Block 4 of Lyon's First Addition, Iowa City, Iowa; thence North 0°21'30" West 20.73 feet to the point of beginning; thence South 75°03' East 174.42 feet; thence Northwesterly 227.19 feet along a 256.98 foot radius curve concave Southwesterly; thence South 0°21,30" East 97.95 feet to the point of beginning. 6825 April 12,1994 q Ord 6k ORDINANCE NO. 93-3593 AN ORDINANCE AMENDING ORDINANCE NO. 93-3565 AND THE ACCOMPANYING • CONDITIONAL ZONING AGREEMENT FOR AN APPROXIMATELY 240 ACRE TRACT, KNOWN AS WINDSOR RIDGE, LOCATED EAST OF SCOTT PARK, SOUTH OF LOWER WEST BRANCH ROAD, AND NORTH OF AMERICAN LEGION ROAD. WHEREAS, on March 30, 1993, the City Council approved Ordinance No. 93-3565 (hereinafter "Ordinance"), rezoning an approximately 240 acre tract, located east of Scott Park, south of Lower West Branch Road and north of American Legion Road, from the Johnson County designation of RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City and Windsor Ridge Development Co. ("Developer"), which Agreement limited development of the subject property; and WHEREAS, Condition 4.c. set forth in the Conditional Zoning Agreement, and recorded on April 5, 1993, in Book 1521, Page 54 of the Johnson County Recorder's Office, provides: 'The Owner shall convey a minimum of 13 acres to the Iowa City Community School District for use as a public school site, the location of which shall be negotiated with the City and the School District"; and WHEREAS,several issues arose regarding the interpretation of Condition 4.c. warranting clarification of the conditions for the transfer of approximately 13 acres of property to the School District, including the timing, location, possession, and remuneration; and WHEREAS, the Planning and Zoning Commission recomrrlended approval of the proposed amendment to Section 4.c. of the Conditional Zoning Agreement between the City and the Developer; and WHEREAS, the City and Developer now wish to amend to original Ordinance and • Conditional Zoning Agreement to clarify Condition 4.c. and to set forth the conditions for the transfer of property from the Developer to the School District, which (0 Ordinance No. 93-3593 Page 2 amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance No. 93-3565 and the accompanying Conditional Zoning Agreement are amended by deleting Section 4.c. of the Agreement in its entirety and adopting, in lieu thereof, the following: c. Owner shall covenant with the City to reserve a minimum of thirteen acres to be used for construction of a public school. Owner, the City and the Iowa City Community School District shall negotiate the location of the parcel for the potential school site. The location shall be either in Outlot 0 or Outlot L as designated in the Preliminary Plat or in the unplatted area north of Court Street, all within the original 240 acre annexation tract. Owner will retain possession of the parcel until the parcel may be conveyed to the Iowa City Community School District as described herein. The covenant will run with the title to that parcel which . shall be designated a"potential school site" on the Final Plat of Windsor Ridge Subdivision. This covenant shall remain in effect until released of record by the City as set forth herein. If the Iowa City Community School District decides to use the site and applies for a Building Permit to build a school on the designated parcel within twelve (12) years from the date the parties execute this Amended Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within thirteen (13) years and six (6) months from the date the parties execute this Amended Conditional Zoning Agreement, the covenant will expire and the use of the parcel shall revert to the Owner. At that time, the City will execute a release of the covenant so that the covenant will not constitute a lien and cloud on the title to the /0 Ordinance No. 93-3593 Page 3 parcel. That release will be recorded in the Johnson County Recorder's Office at Owner's expense. If during the time period the covenant is in effect, the City enacts an Ordinance requiring the payment of a School Impact Fee as part of the Final Plat approval process, Owner will pay the required fees for those Windsor Ridge Subdivision Parts which have not yet received Final Plat approval. No impact fees shall be paid for those Windsor Ridge Subdivision Parts which have already received Final Plat approval at the time of the enactment of the impact fee ordinance. However, if the School District uses the site to construct a school and accepts conveyance of the site, the City and/or the School District will rebate to the Owner all fees previously paid and Owner shall not be required to pay any additional impact fees for Windsor Ridge Subdivision Parts which may subsequently be submitted for final plat approval. If at any time during the thirteen (13) years and six (6) months following execution of this Amended Conditional Zoning Agreement, the School District determines that the reserved site will not be used for a public school, the School District will notify the City and Owner, and the City will execute a release of the covenant upon receipt of written notice that Owner has paid the required impact fees, if any. The Ordinance and Amended Conditional Zoning Agreement, after adoption, shall be recorded in the Johnson County Recorder's Office at Owner's expense. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, /0 Ordinance No. 93-3593 Page 4 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 26th day of 0 „ober, •93. r %tor MAYOR ATTEST: piit�J 7e 7e,,„,)CITY CL RK Approved by r 7t7aA_. (X-29 City330-1 Attorney's ey's Office 9-a1 - 93 ppdadmin\wrczamnd.ord ID It was moved by Horowitz and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Ambrisco x Courtney x Horowitz x Kubby McDonald _X__ Novick Pigott First Consideration 9/28/93 Vote for passage:AYES: Pigott, Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration 10/12/93 Vote for passage: AYES: McDonald, Novick, Pigott,Courtney, Horowitz, Kubby. NAYS: None. ABSENT: Ambrisco. Date published 11/3/93 /D AMENDED CONDITIONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Windsor Ridge Development Co. (hereinafter "Developer"). WHEREAS, Developer is legal title holder of property located east of Scott Park, south of Lower West Branch Road and north of American Legion Road, known as Windsor Ridge, and legally described on Exhibit A attached hereto; and WHEREAS, on March 30, 1993, the City Council of Iowa City approved Ordinance No. 93-3565 (hereinafter "Ordinance") rezoning the approximately 240 acre tract of property, known as Windsor Ridge,from the Johnson County designation of RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS,said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Developer which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on April 5, 1993, in Book 1521, Page 54 of the Johnson County Recorder's Office; and WHEREAS, Condition 4.c. set forth in the Agreement provides: 'The Owner shall convey a minimum of 13 acres to the Iowa City Community School District for use as a public school site, the location of which shall be negotiated with the City and the School District"; and WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to clarify Condition 4.c. and to set forth the conditions for the transfer of property from the Developer to the School District. NOW, THEREFORE, THE CITY AND DEVELOPER AGREE AS FOLLOWS: 1. The City and Developer acknowledge that several issues arose regarding the interpretation of Condition 4.c. of the original Conditional Zoning Agreement warranting clarification of the conditions for the transfer of approximately 13 acres of property to the School District, including the timing, location, possession, and remuneration. 2. The City and Developer now wish to amend the original Conditional Zoning Agreement for Windsor Ridge in order to clarify Condition 4.c. and to set forth the conditions for the transfer of property for a school site. 3. The original Conditional Zoning Agreement dated February 23, 1993, and recorded in Book 1521, Page 54 of the Johnson County Recorder's Office shall be and is hereby amended by deleting Section 4.c. of said Agreement in its entirety and inserting, in lieu thereof, the following: c. Owner shall covenant with the City to reserve a minimum of thirteen acres to be used for construction of a public school. Owner, the City and the Iowa City Community School District shall negotiate the location of the parcel for the potential school site. The location shall be either in Outlot 0 or Outlot L as designated in the Preliminary Plat or in the unplatted area north of Court Street, all within the original 240 acre annexation tract. Owner will retain possession of the parcel until the parcel may be conveyed to the Iowa City Community School District as described herein. The covenant will run with the title to that parcel which shall be designated a "potential school site" on the Final Plat of Windsor it - 2 - Ridge Subdivision. This covenant shall remain in effect until released of record by the City as set forth herein. If the Iowa City Community School District decides to use the site and applies for a Building Permit to build a school on the designated parcel within twelve (12) years from the date the parties execute this Amended Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within thirteen (13) years and six (6) months from the date the parties execute the Amended Conditional Zoning Agreement, the covenant will expire and the use of the parcel shall revert to the Owner. At that time, the City will execute a release of the covenant so that the covenant will not constitute a lien and cloud on the title to the parcel. That release will be recorded in the Johnson County Recorder's Office at Owner's expense. If during the time period the covenant is in effect the City enacts an Ordinance requiring the payment of a School Impact Fee as part of the Final Plat approval process, Owner will pay the required fees for those Windsor Ridge Subdivision Parts which have not yet received final plat approval. No impact fees shall be paid for those Windsor Ridge Subdivision Parts which have already received Final Plat approval at the time of the enactment of the impact fee ordinance. However, if the School District uses the site to construct a school and accepts conveyance of the site, the City and/or the School District will rebate to the owner all fees previously paid and Owner shall not be required to pay any additional impact fees for Windsor Ridge Subdivision Parts which may subsequently be submitted for final plat approval. If at any time during the thirteen (13) years and six (6) months following execution of this Amended Conditional Zoning Agreement, the School District determines that the reserved site will not be used for a public school, the School District will notify the City and Owner, and the City will execute a release of the covenant upon receipt of written notice that Owner has paid the required impact fees, if any. 4. The City and Developer acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1993) and are appropriate conditions required to satisfy public needs directly caused the the rezoning of this property. 5. Developer acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 6. The City and Developer acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the 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 City and Developer further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the City and Developer. 7. Nothing in this Agreement shall be construed to relieve the Developer from complying with all applicable local, state and federal regulations. n - 3 - 8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 9. The City and Developer agree that Developer shall record this Amended Conditional Zoning Aglr�eement in the Johnson County Recorder's Office. Dated this 1 day of chstpt , 1993. WINDSOR RIDGE DEVELOPMENT CO. CITY OF IOWA CITY / /A / , • By or _e& 'i B tri l L k&.ead r�artz, Pre '. -nt Darrel G. Courtney, or 40," • By Ass..., Par` 1'_-A Attest . 96 Gary W:tts, Senior Vice Pres. Maria�iu�x� 71K. Karr, City Clerk Approved by: 79%,421a. (t. City Attorney's Office C/ -/D--9? STATE OF IOWA )ss: JOHNSON COUNTY On this _ Ze day of Dc-to be.- , 19 93 , before me, Sondr&t �ork , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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) (Reselntien) No. 93-3593 passed (the Resolution adopted) by the City Council, under Roll Call No. -vim of the City Council on the 26't- day of Ockober , 19 93 , and that Darrel G. Courtney 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 /0 - 4 - STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this /S day of *non C /l/ , 1993, before me, the undersigned, a Notary Public in and for the State personally appeared Lowell Swartz and Gary Watts,to me personally known, who being by me duly sworn did say that they are the President and Senior Vice President, respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Lowell Swartz and ary Watts as officers acknowledged the execution of the foregoing instrument to be the volunta act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and - tate of Iowa windsor.acz /0 EXHIBIT A All that part of the E /2 of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE 'A of said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE 'h of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an assumed bearing of N0°09'30" West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South 300.0 feet; thence West 115.0 feet; thence South 300.0 feet; thence East 75.0 feet; thence-South 2°47'0" East 921.87 feet; thence South 67°25'30" East 257.94 feet; thence South 22°34'30" West 538.94 feet to the centerline of the American Legion Road; thence North 67°24'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18,T79N, R. 5W of the 5th P.M.; thence S0°00'30" E, 3165.25 feet along the east line of said Section to the point of beginning; thence SO°00'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N67°24'20"W, 808.21 feet along the centerline of American Legion Road; thence N22°35'40"E, 538.98 feet; thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89°57'00" East 881.71 feet to a point (for purposes of this description, the North line of said Lot 29 is assumed to bear due East); thence South 1 °3'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 1 °3'00" East 441 .00 feet to a point; thence South 88°57'00" West 292.00 feet to a point; thence North 1 °3'00" West 150.00 feet to a point; thence North 31 °50'22" East 178.63 feet to a point; thence North 1 °3'00" West 61.00 feet to a point; thence North 28°18'28" East 91.79 feet to a point; thence N88°57'00" East 150.00 feet to the point of beginning and containing 2.4 acres more or less, and except: Commencing as a point of reference at the NE corner of Sec. 18, Twp. 79N., Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 50°00'30" East 1,469.72 feet along the East line of the Northeast quarter of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only); thence South 89°57'00" West 166.00 feet to a point; thence North 0°00'30" West 188.00 feet to a point; thence South 89°57'00" West 159.00 feet to a point; thence South 0°00'30" East 364.09 feet to a point; thence North 89°57'00" East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18; thence North 0°00'30" West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: Commencing as a point of reference at the Northeast corner of Sec. 18, in Twp. 79N, R. 5 West of the 5th P.M., thence SO°00'30" east 1281.72 feet along the East line of the NE '/4 of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00" West 33.00 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00" West 133.00 feet to a point, thence South 0°00'30" East 188.00 feet to point; thence North 89°57'00" East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road; thence North 0°00'30" West Part of the NE 'A of Sec. 18, Twp. 79N, R. 5 West of the 5th P.M., described as follows: Commencing as a point of reference at the NE corner of said Sec. 18, thence S0°00'30" East, 1146.72 feet along the east line of the NE ''A of said Sec. 18 to a point (this is an assumed bearing for purposes of this description only); thence S89°57'00" West 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described; thence continuing South 89°57'00" West 292.00 feet to a point, thence South 0°00'30" East 135 feet to a point, thence North 89°57'00" East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0°00'30" West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M., thence SO°00'30" E 991 .72 feet along the East line of said section to the point of beginning, (the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa; thence from the said point of beginning, S89°57' W 325 feet; thence • SO°0'30"E. 155 feet, thence N89°57'E. 325 feet to the East line of said Section 18, thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1 .15 acres more or less. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00°00'30" East 991 .72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); Thence South 89°57'00" West 1,230.94 feet to a Point; Thence South 01 °03'00" East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00" West 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28" West 91 .79 feet along the Westerly line of said Property to a Point; Thence South 01 °03'00" East 61 .00 feet along the Westerly line of said Property to a Point; Thence South 31 °50'22" West 178.63 feet along the /0 Westerly line of said Property to a point; Thence South 01 °18'08" East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10 West 96.06 feet to a point; Thence South 00°01'50" East 1 ,134.59 feet to a point of intersection with the Centerline of American Legion Road; Thence North 67°27'14" West 54.15 feet along said Centerline to a point; Thence North 00°01'50" West 1,452.03 feet to a point; Thence South 89°49'29" West 194.84 feet to a point; Thence North 01 °03'00" West 500.29 feet to a point;Thence North 90°00'00" East 440.01 feet to a Point; Thence South Thence South 01 °03'00" East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels "B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: PARCEL "B" Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description, the North Line of said Southeast Quarter of Section 7 is assumed to bear N90°00'00"E, in accordance with Existing Surveys of Record; Thence S00°17'58"E, along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian, 991 .72 feet, a Recorded Dimension, to the Line of the Existing Fence; Thence S89°41'12"W, along the Line of the Existing Fence, 1867.64 feet, to a Point which is 244.09 feet, N89°41'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N00"29'08"W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet; Thence N90°00'00"E, along a Line Parallel with the North Line of said Southeast Quarter of Section 7, 1863.54 feet, to a Point on the East Line of said Southeast Quarter of Section 7; Thence S00°57'49"E, 885.09 feet,to the Point of Beginning. Said tract of land contains 80.71 acres, more or less, and is subject to easements and restrictions of record. PARCEL "C" Beginning at a '/-inch Iron Pin found at the Northwest Corner of the Southeast Quarter, of Fractional Section 7,Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7,to a 5/8- inch Iron Pin found at the Northwest Corner of the Parcel, the Survey of which is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel;Thence S00°29'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7, 3308.69 feet; Thence S89°41'12"W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat • I0 of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53" W, along the North Line of said Far Horizons Subdivision, 520.00 feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision; Thence N00°45'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the South- west Corner of said Southeast Quarter of Section 7; Thence NOO°29'08"W, 2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. Excepting therefrom the following described real estate, to-wit: Commencing as a point of•reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence S00°00'00"E 991 .72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); thence South 89°57'00"W 1 ,230.94 feet to a Point; Thence South 01 °03'00"E 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00"W 150.00 feet along the Northerly line of said property; Thence South 28°18'28"W 91.79 feet along the Westerly line of said Property to a Point; Thence S01 °03'00"E 61 .00 feet along the Westerly line of said Property to a Point; Thence South 31 °50'22"W 178.63 feet along the Westerly line of said Property to a Point; Thence South 01 °18'08"E 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10"W 96.06 feet to a Point; Thence South 00°01'50"E 1,134.59 feet to a Point of intersection with the Centerline of American Legion Road to the Point of Beginning; Thence N67°27'14"W, 162.45 feet along said Centerline;Thence N00°01'50"W, 857.35 feet;Thence N60°17'56"E, 55.00 feet; Thence N00°01 '50"W, 275.00 feet; Thence N60°17'56"E, 117.63 feet; Thence S00°01'50"E, 1 ,280.17 feet to the Point of Beginning. Said tract of land containing 3.85 acres, more or less, and is subject to easements and restrictions of record. ppdedmin\windsorl.exe /0 • • ?irk ffHH•I • IIII T • f Rigi 1. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) • I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3593 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26thday of October , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the day of November 19 93 • Dated at Iowa City, Iowa, this 6th day of December , 19 93 2,6,am Susan Walsh Deputy City Clerk \wslsh.ert CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 • //t) — OFFICIAL PUBLICATION (_-)E�YJ ' 5"` .3, 1 D ORDINANCE NO. 93-3593 If the Iowa City Community School District decides to use the site and l of S AN ORDINANCE AMENDING ORDINANCE applies for a Building Permit to build a l Printer's fee 3a o.L�� NO. 93-3565 AND THE ACCOMPANYING school on the designated parcel within CONDITIONALZONINGAGREEMENTFOR twelve (12) years from the date the CERTIFICATE OF PUBLICATION AN APPROXIMATELY 240 ACRE TRACT, parties execute this Amended KNOWN AS WINDSOR RIDGE,LOCATED Conditional Zoning Agreement.Owner STATE OF IOWA,Johnson County, SS: EAST OF SCOTT PARK, SOUTH OF shall convey the site to the School THE IOWA CITY PRESS-CITIZEN LOWER WEST BRANCH ROAD, AND District. If the School District has not NORTH OF AMERICAN LEGION ROAD. applied for a Building Permit within FED. ID#42-0330670 thirteen (13)years and six(6) months WHEREAS, on March 30, 1993, the City from the date the parties execute this I, Council approved Ordinance No. 93-3565 Amended Conditional Zoning (hereinafter "Ordinance"), rezoning an Agreement, the covenant will expire Margaret Rios, being duly sworn, approximately 240 acre tract,located east of and the use of the parcel shall revert say that I am the legal clerk of Scott Park, south of Lower Weft Branch to the Owner. At that time,the City will the IOWA CITY PRESS-CITIZENRoad and north of American Legion Road, execute a release of the covenant so from the Johnson County designation of RS, that the covenant will not constitute a a newspaper published in said Suburban Residential,to IRS-5, Low Density lien and cloud on the title to the county and that a notice a Single-Family Residential;and parcel. That release will be recorded > > WHEREAS, said Ordinance authorized in the Johnson County Recorder's printed copy of which is hereto execution of a Conditional Zoning Office at Owner's expense. attached was published in said Agreement between the City of Iowa city and •WIf during the time period the indsor •Ridge Development Co. covenant is in effect, the City enacts paper f time(s), on the ("Developers, .which Agreement limited an Ordinance requiring the payment of development of the subject property; and a School Impact Fee as part of the following date(s): WHEREAS, Condition 4.c.set forth in the Final Plat approval process,Owner will Z Conditional Zoning Agreement, and pay the required fees for those /' V J t_ 3, /99,3 recorded on April 5, 1993, in Book 1521, Windsor Ridge Subdivision Parts which Page 54 of the Johnson County Recorder's have not yet received Final Plat Office,provides: 'The Owner shall convey a approval. No impact fees shall be minimum of 13 acres to the Iowa City paid for those Windsor Ridge Community School District for use as a Subdivision Parts which have already ��� public school site,the location of which shall received Final Plat approval at the time 'Qf be negotiated with the City and the School of the enactment of the impact fee Legal Clerk District, and ordinance. However, if the School WHEREAS,several issues arose regarding District uses the site to construct a the interpretation of Condition 4.c. school and accepts conveyance of the Subscribed and sworn to before me warranting clarification of the conditions for site,the City and/or the School District p the transfer of approximately 13 acres of will rebate to the Owner all fees th4-291 it day of 4/0 d - A.D. property to the School District,including the -- y� _ timing, location, possession, and previously paid and Owner shall not 19 remuneration;and be required to pay any additional WHEREAS, the Planning and Zoning impact fees for Windsor Ridge ' Commission recommended approval of the Subdivision Parts which may Pit. ,(_ c__sf _ proposed amendment to Section 4.c. of the subsequently be submitted for final / / Conditional Zoning Agreement between the plat approval. If at any time during the City and the Developer; and thirteen (13)years and six(6) months p SHARON STU$$S bite WHEREAS, the City and Developer now c� wish to amend to original Ordinance and following execution of this AmendedConditional Zoning Agreement, the .'r Conditional Zoning Agreement to clarify • School District determines that the Condition 4.c.and to set forth the conditions reserved site will not be used for a for the transfer of property from the public school, the School District will Developer to the School District, which notify the City and Owner,and the City amended Agreement is attached hereto and will execute a release of the covenant incorporated by reference herein. upon receipt of written notice that NOW,THEREFORE, BE IT ORDAINED BY Owner has paid the required impact THE CITY COUNCIL OF THE CITY OF IOWA tees,if any. CITY,IOWA: The Ordinance and Amended Conditional ii SECTION I. Ordinance No.93-3565 and the Zoning Agreement, after adoption, shall be .i accompanying Conditional Zoning recorded in the Johnson County Recorder's t Agreement are amended by deleting Sectiont 4.c. of the Agreement in its entirety and Office at Owner's expense. Ii SECTION II. REPEALER. All ordinances and' adopting,in lieu thereof,the following: parts of ordinances in conflict with the c. Owner shall covenant with the City to reserve a minimum of thirteen acres to provisions of this Ordinance are hereby be used for construction of a public repealed. school. Owner,the City and the Iowa SECTION III. SEVERABILITY. If any section, City Community School District shall provision or part of the Ordinance shall be negotiate the location of the parcel for adjudged to be invalid or unconstitutional, the potential school site. The location such adjudication shall not affect the validity shall be either in Outlot 0 or Outlot L of the Ordinance as a whole or any section, as designated in the Preliminary Plat provision or part thereof not adjudged invalid or in the unplatted area north of Court . or unconstitutional. Street, all within the original 240 acre SECTION IV. EFFECTIVE DATE. This annexation tract. Owner will retain Ordinance shall be in effect atter its final possession of the parcel until the passage, approval and publication, as parcel may be conveyed to the Iowa . provided by law. City Community School District as Passed and approved this 26th day of described herein. The covenant will 0 4fber, 93. run with the title to that parcel which - WIshall be designated a"potential schoo site" on the Final Plat of Windsor MAYOR _ , Ridge Subdivision. This covenant shall remain in effect until released of record by the City as set forth herein: ATTEST: 7,?d,1 c- /' eJ CITY CLARK L 0 AMENDED CONDmONAL ZONING AGREEMENT ORO 9 3-- 3S 93 This Agreement is made by and between the City of Iowa City,Iowa,a Municipal Corporation Of 5 (hereinafter'the City")and Windsor Ridge Development Co.(hereinafter"Developer). `J WHEREAS.Developer is legal title holder of property located east of Scott Park,south of Lower West Branch Road and north of American Legion Road, known as Windsor Ridge,and legally described on Exhibit A attached hereto;and WHEREAS,on March 30,1993,the City Council of Iowa City approved Ordinance No.93-3565 (hereinafter 'Ordinance') rezoning the approximately 240 acre tract of property, known as Windsor Ridge,from the Johnson County designation of RS,Suburban Residential,to RS-5,Low Density Single-Family Residential;and WHEREAS.said Ordinance authorized execution of a Conditional Zoning Agreement between the City and the Developer which limited development of the property;and WHEREAS,said Ordinance and Agreement were recorded on April 5,1993,in Book 1521,Page 54 of the Johnson County Recorder's Office;and WHEREAS, Condition 4.c. set forth in the Agreement provides: -The Owner shall convey a minimum of 13 acres to the Iowa City Community School District for use as a public school site, the location of which shall be negotiated with the City and the School District"; and WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to clarify Condition 4.c. and to set forth the conditions for the transfer of property from the Developer to the School District. NOW,THEREFORE,THE CITY AND DEVELOPER AGREE AS FOLLOWS: 1. The City and Developer acknowledge that several issues arose regarding the interpretation of Condition 4.c.of the original Conditional Zoning Agreement warranting clarification of the conditions for the transfer of approximately 13 acres of property to the School District,including the timing,location,possession,and remuneration. 2. The City and Developer now wish to amend the original Conditional Zoning Agreement for Windsor Ridge in order to clarify Condition 4.c.and to set forth the conditions for the transfer of property for a school site 3. The original Conditional Zoning Agreement dated February 23, 1993, and recorded in Book 1521, Page 54 of the Johnson County Recorder's Office shall be and is hereby amended by deleting Section 4.c.of said Agreement in its entirety and inserting,in lieu thereof,the following: c. Owner shall covenant with the City to reserve a minimum of thirteen acres to be used for construction of a public school. Owner, the City and the Iowa City Community School District shail negotiate the location of the parcel for the potential school site. The location shall be either in Outlot 0 or Outlot L as designated in the Preliminary Plat or in the unplatted area north of Court Street, all within the original 240 acre annexation tract. Owner will retain possession of the parcel until the parcel may be conveyed to the Iowa City Community School District as described herein. The covenant will run with the title to that parcel which shall be designated a"potential school site"on the Final Plat of Windsor Ridge Subdivision. This covenant shall remain in effect until released of record • by the City as set forth herein. If the Iowa City Community School District decides to use the site and applies for a Building Permit to build a school on the designated parcel within twelve(12) years from the date the parties execute this Amended Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within thirteen(13)years and six(6) months from the date the parties execute the Amended Conditional Zoning Agreement,the covenant will expire and the use of the parcel shall revert to the Owner. At that time, the City will execute a release of the covenant so that the covenant will not constitute a lien and cloud on the title to the parcel. That release will be recorded in the Johnson County Recorder's Office at Owner's expense. If during the time period the covenant is in effect the City enacts an Ordinance requiring the payment of a School Impact Fee as part of the Final Plat approval process,Owner will pay the required fees for those Windsor Ridge Subdivision Parts which have not yet received final plat approval. No impact fees shall be paid for those Windsor Ridge Subdivision Parts which have already received Final Plat approval at the time of the enactment of the impact fee ordinance. However, if the School District uses the site to construct a school and accepts conveyance of the site, the City and/or the School District will rebate to the owner all fees previously paid and Owner shall not be required to pay any additional impact fees for Windsor Ridge Subdivision Parts which may subsequently be submitted for final plat approval. If at any time during the thirteen(13)years and six(6)months following execution of this Amended Conditional Zoning Agreement,the School District determines that the reserved site will not be used for a public school,the School District will notify the City and Owner,and the City will execute a release of the covenant upon receipt of written notice that Owner has paid the required impact fees,if any. 4. The City and Developer acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code§414.5(1993)and are appropriate conditions required to satisfy public needs directly caused the the rezoning of this property. 5. Developer acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment wilt confbrm with the terms of this Agreement. IP) 6. The City and Developer acknowledge that this Amended Conditional Zoning Agreement n ^ shall be deemed to be a covenant running with the land and with the title to the land and C7 K V, q 3 _ •CJ Q 3 shall remain in full force and effect as a covenant running with the title to the land,unless l or until released of record by the City. The City and Developer further acknowledge that this Agreement shall inure to the benefit of and bind all successors,representatives and /� assigns of the City and Developer ,Uf 5 7. Nothing In this Agreement shall be construed to relieve the Developer from complying with all applIcabla local,state and federal regulations, 8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. 9. The City and Developer agree that Developer shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office. Dated this (S'd y of .4,11 1993. WINDSOR RIDGE DEVELOPMENT CO. CITY OF IOWA CITY By i ,..i..� / / '.r B ♦ii L/. /L�iial Pre '• nt Darrel G. Courtney, or• By #frz, Attest �� c Gary Watts,Senior Vice Pres. Mari K.Karr,City Clerk EXHIBIT A All that part of the E / of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE '/ of said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE 1/4 of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an assumed bearing of N0°09'30" West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South 300.0 feet; thence West 115.0 feet; thence South 300.0 feet; thence East 75.0 feet; thence-South 2°47'0" East 921.87 feet; thence South 67°25'30" East 257.94 feet; thence South 22°34'30" West 538.94 feet to the centerline of the American Legion Road; thence North 67°24'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18,T79N,R. 5W of the 5th P.M.; thence S0°00'30" E, 3165.25 feet along the east line of said Section to the point of beginning; thence SO°00'30"E,808.21 feet along the east line of said Section to the centerline of American Legion Road;thence N67°24'20"W, 808.21 feet along the centerline of American Legion Road; thence N22°35'40"E, 538.98 feet; thence N89°59'30"E, 538.98 feet to the point of beginning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89°57'00" East 881.71 feet to a point (for purposes of this description, the North line of said Lot 29 is assumed to bear due East); thence South 1°3'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 1°3'00" East 441.00 feet to a point; thence South 88°57'00"West 292.00 feet to a point; thence North 1°3'00" West 150.00 feet to a point; thence North 31°50'22" East 178.63 feet to a point; thence North 1°3'00"West 61.00 feet to a point; thence North 28°18'28" East 91.79 feet to a point; thence N88°57'00" East 150.00 feet to the point of beginning and containing 2.4 acres more or less, and except: Commencing as a point of reference at the NE corner of Sec. 18, Twp. 79N., Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 50°00'30" East 1,469.72 feet aiong the East line of the Northeast quarter of said Section 18 to a point of,beginning of tract herein described (this is an assumed bearing for purposes of this description bearing for purposes of this description only); thence South 89°57'00" West 166.00 feet to a point; thence North 0°00'30"West 188.00 feet to a point; thence South 89°57'00" West 159.00 feet to a point; thence South 0°00'30" East 364.09 feet to a point;thence North 89°57'00"East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18; thence North 0°00'30"West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: //i o 1D - 35'3 CJmmencing as a point of reference at the Northeast corner of Sec. 18, in Twp. 79N, R. 5 West of the 5th P.M., thence S0°00'30" east 1281.72 feet along the East line of the NE Y. of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89°57'00" West 33.00 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described thence continuing South 89°57'00" West 133.00 feet to a point, thence South 0°00'30" East 188.00 feet to point; thence North 89°57'00" East 133.00 feet to a point of intersection with the Westerly right-of-way line of said County Road; thence North 0°00'30" West Part of the NE Y. of Sec. 18, Twp. 79N, R. 5 West of the 5th P.M., described as follows: Commencing as a point of reference at the NE corner of said Sec. 18, thence S0°00'30" East, 1146.72 feet along the east line of the NE '/. of said Sec. 18 to a point (this is an assumed bearing for purposes of this description only); thence S89°57'00" West 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described; thence continuing South 89°57'00" West 292.00 feet to a point, thence South 0°00'30"East 135 feet to a point,thence North 89°57'00"East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0°00'30" West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M., thence S0°00'30"E 991.72 feet along the East line of said section to the point of beginning, (the previous course and distance being a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa; thence from the said point of beginning, S89°57' W 325 feet; thence S0°0'30"E. 155 feet, thence N89°57'E. 325 feet to the East line of said Section 18,thence NO°00'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1.1 5 acres more or less. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00°00'30" East 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); Thence South 89°57'00" West 1,230.94 feet to a Point; Thence South 01°03'00" East 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00" West 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28°18'28"West 91.79 feet along the Westerly line of said Property to a Point; Thence South 01°03'00" East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31°50'22" West 178.63 feet along the Westerly line of said Property to a point;Thence South 01°18'08"East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10 West 96.06 feet to a point; Thence South 00°01'50" East 1,134.59 feet to a point of intersection with the Centerline of American Legion Road; Thence North 67°27'14" West 54.15 feet along said Centerline to a point; Thence North 00°01'50"West 1,452.03 feet to a point; Thence South 89°49'29" West 194.84 feet to a point; Thence North 01°03'00"West 500.29 feet to a point;Thence North 90°00'00"East 440.01 feet to a Point; Thence South Thence South 01°03'00" East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or less. Parcels "B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: in oP_D. q3 -3,S93 PARCEL "8" J /f Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Or Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the purpose of this Legal Description, the North Line of said Southeast Quarter of Section 7 is assumed to bear N90°00'00"E, in accordance with Existing Surveys of Record;Thence S00°17'58"E,along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 1 8,Township 79 North, Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded Dimension, to the Line of the Existing Fence;Thence S89°41'1 2"W,along the Line of the Existing Fence, 1867.64 feet, to a Point which is 244.09 feet, N89°41'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence N00"29'08"W, along a Line Parallel with the West Line of said Southeast Quarter of Fractional Section 7, 1886.95 feet;Thence N90°00'00"E, along a Line Parallel with the North Line of said Southeast Quarter of Section 7, 1863.54 feet,to a Point on the East Line of said Southeast Quarter of Section 7; Thence S00°57'49"E, 885.09 feet,to the Point of Beginning. Said tract of land contains 80.71 acres, more or less, and is subject to easements and restrictions of record. PARCEL "C" Beginning at a /-inch Iron Pin found at the Northwest Corner of the Southeast Quarter, of Fractional Section 7,Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90°00'00"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractional Section 7,to a 5/8- inch Iron Pin found at the Northwest Corner of the Parcel,the Survey of which is Recorded in Plat Book 15,at Page 53,of the Records of the Johnson County Recorder's Office; Thence S0O°00'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel;Thence SOO°29'08"E,along a Line Parallel with the West Line of said Southeast Quarter of Section 7, 3308.69 feet; Thence S89°41'12"W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89°42'53" W,along the North Line of said Far Horizons Subdivision, 520.00 feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision; Thence N00°45'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the South- west Corner of said Southeast Quarter of Section 7; Thence N00°29'08"W, 2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16 acres, more or less, and is subject to easements and restrictions of record. Excepting therefrom the following described real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence S00°00'00"E 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only);thence South 89°57'00"W 1,230.94 feet to a Point;Thence South 01°03'00"E 676.10 feet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88°57'00"W 150.00 feet along the Northerly line of said property; Thence South 28°18'28"W 91.79 feet along the Westerly line of said Property to a Point;Thence S01°03'00"E 61.00 feet along the Westerly line of said Property to a Point; Thence South 31 °50'22"W 178.63 feet along the Westerly line of said Property to a Point;Thence South 01 °18'08"E 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37°27'10"W 96.06 feet to a Point; Thence South 00°01'50"E 1,134.59 feet to a Point of intersection with the Centerline of American Ltxtion Road to the Point of Beginning; Thence N67°27'14"W, 162.45 feet along said Centerline;Thence N00°01'50"W,857.35 feet;Thence N60°17'56"E, 55.00 feet; Thence N00°01'50"W, 275.00 feet; Thence N60°17'56"E, 117.63 feet; Thence S00°01'50"E, 1,280.1 7 feet to the Point of Beginning. Said tract of land containing 3.85 acres, more or less, and is subject to easements and restrictions of record. 2996 November 3,1993 /n Ord. BK ORDINANCE NO. 93-3594 AN ORDINANCE VACATING THE 10-FOOT WIDE WALKWAY RIGHT-OF-WAY LOCATED ADJACENT TO THE SOUTHWEST LOT UNE OF LOT 21, WINDSOR HEIGHTS, FIFTH ADDITION, IOWA CITY, IOWA. WHEREAS, the Iowa City Department of Public Works does not need the walkway right-of-way described below for maintenance access to the stormwater detention facilities located immediately west of the walkway, due to the availability of preferable alternative access routes; and WHEREAS,the walkway right-of-way does • not provide direct pedestrian access to Hickory Hill Park; and WHEREAS, the portion of North Seventh Avenue located north of Rochester Avenue, near the walkway right-of-way, provides sufficient pedestrian access to Hickory Hill Park; and WHEREAS, a paved walkway has not been constructed within the walkway right- of-way; and WHEREAS, the walkway right-of-way is located, in part, on a steep, wooded slope, which limits the potential for developing a useable walkway for vehicular or pedestrian access; and WHEREAS, the City still requires the twenty-foot wide sanitary sewer and utility easement located along the North Seventh Avenue frontage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. The City of Iowa City hereby vacates the walkway right-of-way legally described below, subject to the City reserving and retaining the twenty-foot wide sanitary sewer and utility easement located along the North Seventh Avenue frontage of the vacated parcel, as shown on the final plat of Windsor Heights Fifth Addition: The area designated as 'Walkway" located between Lots 20 and 21, Windsor Heights Fifth Addition, an addition to the City of Iowa City, Iowa, according to the plat thereof 2 recorded in Plat Book 17, Page 36, in the Johnson County Recorder's Office. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This • Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 26thday of October , 1993. "& / �j/ MAYOR ATTEST: '(���.u� 7T. / CITY CLERK Approved by City City Attorney's Office ppdadm in\stringer.ord • • It It was moved by Novick and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney X Horowitz x Kubby X McDonald X Novick —x— Pigott First Consideration 9/28/93 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, McDonald, Novick, Pigott. NAYS: None. ABSENT: None. Second Consideration 10/12/93 Vote for passage: Novick, Pigott, Courtney, Horowitz, Kubby, McDonald. NAYS: None. ABSENT: Ambrisco. Date published 11/3/93 onirs 1.• t4e ` . „t.„ CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3594 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of October , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd , day of November 19 93 . Dated at Iowa City, Iowa, this 6th day of December , 19 93 • 2J-12-111141 Wa-L I Susan Walsh Deputy City Clerk 1walsh.ert CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1926 FAX(319) 336-5009 • iI Q. 3 3s9y OFFICIAL PUBLICATION ORDINANCE NO. 93-359: C' AN ORDINANCE VACATING THE 10-FOOT Printer's fee $ 3t c59G WIDE WALKWAY RIGHT-OF-WAY LOCATED ADJACENT TO THE CERTIFICATE OF PUBLICATION LOT 21, WINDSOR SOUTHWEST FIFTH FADDITION, STATE OF IOWA,Johnson County, ss: IOWA crrv,IOWA. THE IOWA CITY PRESS-CITIZEN WHEREAS, the Iowa City Department of FED. ID# 42-0330670 Public Works does not need the walkway right-of-way described below for maintenance access to the stormwater I, detention facilities located immediately west Margaret Rios, being duly sworn, of the walkway, due to the availability of preferable alternative access routes; and say that I am the legal clerk of WHEREAS,the walkway right-of-way does the IOWA CITY PRESS-CITIZEN not provide direct pedestrian access to Hickory Hill Park;and a newspaper published in said WHEREAS, the portion of North Seventh county, and that a notice, a Avenue located north of Rochester Avenue, near the walkway right-of-way, provides printed copy of which is hereto I sufficient pedestrian access to Hickory Hill attached, wasublished in said Park; and I� WHEREAS, a paved walkway has not paper _1_ time(s), on the been constructed within the walkway right- following date(s): of-way; and WHEREAS, the walkway right-of-way is 3 997 which i in part, a steep, woodedvslope, which limits the potential for developing a useable walkway for vehicular or pedestrian • access: and WHEREAS, the City still requires the twenty-foot wide sanitary sewer and utility easement Icated along the North Seventh Avenue frontage. NOW,THEREFORE,BE IT ORDAINED BY Legal Clerk THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT: Subscribed and sworn to before me SECTION I. VACATION. The City of Iowa City hereby vacates the walkway right-of-way thisig±4day of / c V• , A.I . + legally described below, subject to the City reserving and retaining the twenty-foot wide sanitary sewer and utility easement located 19 along the North Seventh Avenue frontage of the vacated parcel, as shown on the final plat of Windsor Heights Fifth Addition: The area designated as'Walkway" located between Lots 20 and 21, �» blit Windsor Heights Fifth Addition, an o s 5S IRh'i)N STUBBS addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 17,Page 36, �masi in the Johnson County Recorder's Office. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. if any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect atter its final passage, approval and publication, as provided by law. Passed and approved this 2Othday of October ,1993. "cylA — MAYOR ATTEST: IA- . - i . • CITY CL 'K 2999 November 3,1993 11 Ord. 6K. ORDINANCE NO. 93-3595 ORDINANCE AMENDING CHAPTER 23, ARTICLE II, ADMINISTRATION AND ENFORCEMENT, OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY AMENDING SECTION 23-21, IMPOUNDMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 23, Article II, of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 23-21, subsection (b), paragraph (1) in its entirety and enacting in lieu thereof a new Section 23-21, subsection (b), paragraph (1)to be codified and to read as follows: 1. Whenever it is determined that any vehicle has accumulated fifty (50) or more dollars worth of accumulated parking violations as defined in the provisions of this code, such vehicle may be impounded subject to the following conditions: a. Impoundment shall occur only after notice and opportunity for an administrative hearing is offered to the last known registered owner of such motor vehicle. b. Notice shall constitute the following: Written notification by first class mail stating the license number of the vehicle at issue; the owner's name; a brief description of the parking tickets issued to such vehicle; that the owner has the right to request an administrative hearing before impoundment if such request is made within ten (10) days of the mailing date of the notice; that the hearing shall be as to the merits of whether to impound such motor vehicle for unpaid parking violations; that failure to request a hearing in a timely fashion or failure to appear at such hearing constitutes a waiver to an opportunity for hearing; and that the owner shall be responsible -for all charges and costs incurred in impounding such vehicles. c. The hearing shall be conducted before the director of the department of finance of the city or his/her designate and shall be limited as to whether such vehicle shall be impounded for unpaid parking tickets. The owner may at that time pay for any outstanding tickets. /2 Ordinance No. 93-3595 Page 2 d. Should the finance director or his/her designate determine that the vehicle shall be impounded, he/she shall notify the owner, either orally at the conclusion of the hearing or by letter; however, no such notice need be given should the owner or designated representative fail to appear at such hearing. e. The city shall notify the last known registered owner of such vehicle by certified mail if the name and address of such owner can be ascertained with reasonable diligence unless the owner or operator has appeared and has made claim to the seized vehicle. f. The city shall adopt by resolution an itemization of all charges and fees to be incurred by the owner by impoundment of such vehicle. SECTION II. SEVERABILITY. If any provision of this Ordinance is, for any reason, declared • illegal or void, then the lawful provisions of this Ordinance, which are severable from said • unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as required by law, but not before January 1, 1994. Passed and approved this 26th day of October , 1993. sew MAYOR ATTEST: rn .,52 7f CITY CLERK Appr ved by/ • Ci y Attorney's Office /d/-7/93 enpkg imo.und.ord !Z It was moved by McDonald and seconded by Amhri crn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco - Courtney Horowitz x Kubby X McDonald X Novick X Pigott • First Consideration 10/12/93 Vote for passage:AYES: Horowitz, Kubby, McDonald, Novick, Pigott,Courtney. NAYS: None. ABSENT: Ambrisco. Second Consideration Vote for passage: Date published 11/9/93 Moved by McDonald, seconded by, Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be finally pas- sed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney, Horowitz. NAYS: None. ABSENT: None. /z rat-Iva tali t • CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certifythat the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3595 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26thday of October , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd day of November 19 93 . Dated at Iowa City, Iowa, this 6th day of December , 19 93 Susan Walsh Deputy City Clerk Iwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 l.2 �i r—LI . 1 ^ _D l OFFICIAL PUBLICATION _ a�_a� ORDINANCE N0: 93-3'�?;�- SECTION II. SEVERABILITY. If any provision Printer's fee of this Ordinance is, for any reason, declared ORDINANCE AMENDING CHAPTER 23 illegal or void,then the lawful provisions of this CERTIFICATE OF PUBLICATION ARTICLE II, ADMINISTRATION AND Ordinance, which are severable from said ENFORCEMENT. OF THE CODE OF unlawful provisions,shall be and remain in full STATE OF IOWA,Johnson County, ss: ORDINANCES OF IOWA CITY, IOWA, •BY force and effect, the same as if the Ordinance contained no illegal or void provisions. THE IOWA CITY PRESS-CITIZEN AMENDING SECTION 23-21,IMPOUNDMENT. SECTION III. REPEALER. All ordinances or FED.ID#42-0330670 NOW, THEREFORE, BE IT ORDAINED BY THE parts of ordinances in conflict with the CITY COUNCIL OF THE CITY OF IOWA CITY, provisions of this Ordinance are hereby IOWA: repealed. I, SECTION I. Chapter 23,Article II,of the Iowa SECTION IV. EFFECTIVE DATE. This City Code of Ordinances should be and is Ordinance shall be in full force and effect from Margaret Rios, being duly sworn, hereby amended by repealing Section 23-21, and after its final passage, approval and say that I am the legall clerk of subsection Ibl,paragraph(11 in its entirety and. publication, as required by law, but not before January 1, 1994. the IOWA CITY PRESS-CITIZEN enacting lieu thereof a new Section 23-21, Passed and approved this 26th day of , subseectionn(b).paragraph(11 to be codified anndd erin said 0c •ber 1993. a newspaper to read as follows: p p published1. Whenever it is determined that any vehicleee county, and that a notice, a has accumulated fifty(501 or more dollars ���`/ �`- worth of accumulated parking violations as printed copy of which is hereto defined in the provisions of this code,such MAYOR attachedwas published in said vehicle may be impounded subject to the , following conditions: J paper time(s), on the a. Impoundment shall occur only after ATTEST: /�i 4-1. Ji notice and opportunit', for an following date(s): administrative hearing ii offered to the CITY CL 'K last known registered owrt(er of such 3000 November 3,1993 • '2 �/ 0 -ernti ,3. / 7 g_3 motor vehicle. Gb. Notice shall constitute the following: Written notification by first class mail stating the license number of the vehicle at issue; the owner's name; a brief description of the parking tickets )ter ��� issued to such vehicle; that the owner //7has the right to request an Legal Clerk administrative hearing before impoundment if such request is made within ten(101 days of the mailing date Subscribed and sworn to before me of the notice; that the hearing shall be as to the merits of whether to impound , / / • such motor vehicle for unpaid parking /v v this day of d ' , A.D. violations; that failure to request a hearing in a timely fashion or failure to 19 !. J. appear at such hearing constitutes a J - waiver to an opportunity for hearing; and thall htaer owner shall bresponsiblerred for all charges and costs incurred in ---4ry (�� impounding such vehicles. �`�`I c. The hearing shall be conducted before — ry public the director of the department of 4 p1b o : $�f�Fi-.;,�:- $F(JC3�yg V finance of the city or his/her designate and shall be limited as to whether such '41 ow: vehicle shall be impounded for unpaid parking tickets. The owner may at that time pay for any outstanding tickets. d. Should the finance director or his/her designate determine that the vehicle shall be impounded, he/she shall notify the owner, either orally at the conclusion of the hearing or by fetter; however,no such notice need be given should the owner or designated representative fail to appear at such hearing. e. The city shall notify the last known registered owner of such vehicle by certified mail if the name and address of such owner can be ascertained with reasonable diligence unless the owner or operator has appeared and has made claim to the seized vehicle. f. The city shall adopt by resolution an itemization of all charges and fees to be incurred by the owner by impoundment of such vehicle. Dcd SIL ORDINANCE NO. 93-3596 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 1.2 ACRES OF LAND LOCATED AT 605 AND 617 KIRKWOOD AVENUE, IOWA CITY, IOWA. WHEREAS, the applicants, Michael and Victoria Lensing, have requested the City to rezone approximately 1.2 Acres of Land located at 605 and 617 Kirkwood Avenue from CC-2, Community Commercial, and RS-5, Low Density Single-Family Residential, to CO-1, Commercial Office; and WHEREAS, the Planning and Zoning Commission recommended approval of the requested zone change subject to: 1) closure of the existing curb cut at 617 Kirkwood at the applicants' expense; and 2) execution and • recording of an access easement .providing access to 617 Kirkwood Avenue across 605 Kirkwood Avenue; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicants'rezoning request,over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the conditions proposed by the Planning and Zoning Commission are necessary to ensure a proper transition between the • proposed commercial office use of the subject property and adjacent residential uses; and WHEREAS, the applicants have agreed to the terms and conditions of the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference; and WHEREAS,the applicants acknowledge that the terms and conditions contained in the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code §414.5(1993) and satisfy public needs directly caused by the requested zoning change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional Zoning • Agreement as authorized by §414.5, Code of Iowa (1993), the property described below is hereby reclassified from its present classification l3 Ordinance No. 93-3596 Page 2 of CC-2, Community Commercial, and RS-5, Low Density Single-Family Residential, to CO-1, Commercial Office: The West 59 feet of Lot 3 in Block 6 in Lucas Addition to Iowa City, Iowa, according to the recorded plat thereof, and beginning at a point on the South line of Kirkwood Avenue in Iowa City, Iowa, which is 1770.7 feet West and 35 feet South of the Northeast Corner of the Southeast Quarter (SEA) of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian, which point is also the Northwest Corner of Block 6, Lucas Addition, Iowa City, Iowa, in accordance with a survey prepared by William J. Bauer, recorded in Book 4, page 203, Johnson County, Iowa; Thence S00°34'17"W, 302.81 feet to the Northeast Corner of Lot 30, Highland Park Addition to Iowa City, as recorded in Book 6, page 41, Johnson County, Iowa; Thence S89°51'51"W, 143.00 feet along the North • line of said Highland Park Addition; Thence NOO°34'17"E, 302.97 feet to a point on the South line of Kirkwood Avenue; Thence N89°55'37"E, 143.00 feet to the South line of Kirkwood Avenue to the Point of Beginning said tract containing 1.2 acres more or less. SECTION II. ZONING MAP. The Building Inspector 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 III. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners of the property. The City Clerk is further authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement which shall be recorded by the applicants at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be Ordinance No. 93-3596 Page 3 adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. pass;d and approved this 23rd day of Nober, / 44 . 4 "WSW MAYOR �/ ATTEST: ham ea-tc) /J Qltt CITY CL K Approved by City Attorney's Office 6 /©//2/9.3 Wdadn aidarooa.o,d 13 It was moved by McDonald and seconded by Nniri rU that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X___ Throgmorton x Courtney X Horowitz x Kubby X McDonald Novick Pigott First Consideration in/9ninq Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. NAYS: None. ABSENT: None. Second Consideration 11/9/93 Vote for passage: AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Throgmorton, Courtney. NAYS: None. ABSENT: None. Date published 12/1/n3 /3 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Michael J. Lensing and Victoria S. Lensing (hereinafter"Owners"). WHEREAS, Owners have requested the City to rezone approximately 1.2 acres of land located at 605 and 617 Kirkwood Avenue, Iowa City, Iowa, legally described below from CC-2, Community Commercial, and RS-5, Low Density Single- Family Residential, to CO-1, Commercial Office; and WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting Owners'rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City desires to restrict commercial vehicular access to 617 Kirkwood Avenue in order to ensure a proper transition between the proposed commercial office use of the subject property and the adjacent resident uses and to help preserve the residential character of the neighborhood; and WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure appropriate commercial development adjacent to residential neighborhoods in Iowa City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Michael J. Lensing and Victoria Lensing are the owners and legal title holders of the property located at 617 Kirkwood Avenue, Iowa City, Iowa, legally described as follows: The West 59 feet of Lot 3 in Block 6 in Lucas Addition. and the property located at 605 Kirkwood Avenue, legally described as follows: Beginning at a point on the South line of Kirkwood Avenue in Iowa City, Iowa, which is 1770.7 feet West and 35 feet South of the Northeast Corner of the Southeast Quarter (SEY) of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian, which point is also the Northwest Corner of Block 6, Lucas Addition, Iowa City, Iowa, in accordance with a survey prepared �3 - 2 - by William J. Bauer, recorded in Book 4, page 203, Johnson County, Iowa; Thence S00°34'17"W, 302.81 feet to the Northeast Corner of Lot 30, Highland Park Addition to Iowa City, as recorded in Book 6, page 41, Johnson County, Iowa; Thence S89°51'51"W, 143.00 feet along the North line of said Highland Park Addition; Thence N00°34'17"E, 302.97 feet to a point on the South line of Kirkwood Avenue; Thence N89°55'37"E, 143.00 feet to the South line of Kirkwood Avenue to the Point of Beginning said tract containing 0.99 acres more or less. 2. Owners acknowledge that the City wishes to ensure appropriate commercial development adjacent to residential neighborhoods and therefore,agree to certain conditions over and above City regulations to lessen the impact of the commercial development on the area. 3. In consideration of the City's rezoning of the subject property from CC-2 and RS-5 to CO- 1, the Owners agree that development and use of the subject property will conform to the requirements of the CO-1, Commercial Office Zone, as well as the following additional conditions: a. 617 Kirkwood Avenue shall not have direct vehicular access onto Kirkwood Avenue. b. Owners shall close and remove the existing curb cut and driveway at 617 Kirkwood Avenue at their expense prior to the issuance of a building permit for any improvements to said property. c. Owners shall execute and record an permanent access easement providing access to 617 Kirkwood Avenue across 605 Kirkwood Avenue prior to the issuance of any building permits for improvements to said property. 4. Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. Owners acknowledge that in the event the subject property is transferred, sold, - 3 - redeveloped,or subdivided,all redevelopment will conform with the terms of this Agreement. 6. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. The Owners acknowledge that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 23rd day of November , 1993. CI • IOW• 0IOW•, B / A// 7j Y A Darrel G. Courtney,2LMayor ayyor �/� By: ca�G) 71 or /limit/ Marian K. Karr, City Clerk APPLICANT • By: 'J - Michael J. Lensing f By: ���� �i .'44 isa 0 Victoria S. Lensing W 11, Approv by: (�1 City Attorney's Office JO- /a - 93 5 - 3 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this e ,day of (JCiak , A.D., 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael J. Lensing and Victoria S. Lensing, to me personally known, who being by me duly sworn, acknowledged the execution of this instrument to be the voluntary act and voluntarily executed. if oM l Wald) Notary Public in and for the State of Iowa STATE OF IOWA ss: JOHNSON COUNTY ) On this 2.3 — day of l0,Dvemj.e , 1993, before me, Sorg,- rk , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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. 93-355(, passed by the City Council on the 23 `A day of /Owen)]er , 19 93 , and that Darrel G. Courtney 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. Sandnw- F074- Notary 07-Notary Public in and for the State of Iowa 13 • mia .14 "III',r,:,rj'T CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3596 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of January , 19 94 . .���-ae&li r U1/46(4-4 Susan Walsh Deputy City Clerk (Wa1911.Crt • CIVIC CENTER • 410 E. WASHINGTON ST. 4.b'- PHONE (319) 336-3000 IOWA CITY IOWA 32240-1826 /`� FAX(319) 336-3009 oRu y jj5y6, / ,:i. WHEREAS,the conditions proposed by the CONDITIONAL ZONING AGREEMENT • Planning and Zoning Commission are necessary to ensure a proper transition between the THIS AGREEMENT is made by and between the proposed commercial office use of the subject City of Iowa City, Iowa,a Municipal Corporation property and adjacent residential uses:and (hereinafter 'City") and Michael J. Lensing and p WHEREAS, the applicants have agreed to Victoria S. Lensing(hereinafter"Owners"). • Printer's fee $ Irl/C 3' the terms and conditions of the Conditional WHEREAS.Owners have requested the City to Zoning Agreement,attached hereto and made a rezone approximately 1.2 acres of land located at part hereof by this reference;and 605 and 6t7 Kirkwood Avenue,Iowa City,Iowa, CERTIFICATE OF PUBLICATION WHEREAS,the applicants acknowledge that legally described below from CC-2, Comnunrty OF IOWA,Johnson County, ss: the terms and conditions ngditions contained in the Commercial, and RS-5, Low Density Single- STATEConditional ZoningAgreement are reasonable to Family Residential,to CO-1,Commercial Office; THE IOWA CITY PRESS-CITIZEN impose on the land under Iowa Code and §414.5(1993) and satisfy public needs directly WHEREAS, Iowa Code§414.5(1993)provides FED.ID# 42-0330670 caused by the requested zoning change. that the City of Iowa City may impose reasonable NOW,THEREFORE,BE IT ORDAINED BY conditions on granting Owners'rezoning request, I THE CITY COUNCIL OF THE CITY OF IOWA over and above existing regulations, to satisfy CITY,IOWA,THAT: public needs directly caused by the requested Margaret Rios, being duly sworn, SECTION I. APPROVAL. Subject to the terms change;and that I am the legal clerk of and conditions of the attached Conditional Zoning WHEREAS, the City desires to restrict say Agreement as authorized by §414.5, Code of commercial vehicular access to 617 Kirkwood the IOWA CITY PRESS-CITIZEN, Iowa (1993), the properly described below is Avenue in order to ensure a proper transition hereby reclassified from its present classification between the proposed commercial office use of a newspaper published in said of CC-2,Community Commercial,and RS-5,Low the subject property and the adjacent resident county, and that a notice, a Density Single-Family Residential, to CO-1. uses and to help preserve the residential Commercial Office: character of the neighborhood;and. printed copy of which is hereto The West 59 feet of Lot 3 in Block 6 in WHEREAS, Owners acknowledge that certain attached, was published in said Lucas Addition to Iowa City,Iowa,according conditions and restrictions are reasonable to to the recorded plat thereof,and beginning ensure appropriate commercial development paper / time(s), on the at a point on the South line of Kirkwood adjacent to residential neighborhoods in Iowa Avenue in Iowa City,Iowa,which is 1770.7 City. , following date(s): feet West and 35feet South of the Northeast NOW, THEREFORE, in consideration of the s Corner of the Southeast Quarter (SEA) of mutual promises contained herein, the Parties aer-i2h L.&--� / /9 9_3 Section 15, Township 79 North, Range 6 agree as follows: CC West of the Fifth Principal Meridian,which 1. Michael J. Lensing and Victoria Lensing are point is also the Northwest Corner of Block the owners and legal title holders of the 6, Lucas Addition, Iowa City, Iowa, in properly located at 617 Kirkwood Avenue, accordance with a survey prepared by Iowa City, Iowa,legally described as follows: ( William J.Bauer,recorded in Book 4,page The West 59 feet of Lot 3 in Block 6 in 0c_eQ 203, Johnson County, Iowa: Thence Lucas Addition. S00°34'1 TW, 302.81 feet to the Northeast and the property located at 605 Kirkwood Legal Clerk Corner of Lot 30,Highland Park Addition to Avenue.legally described as follows: Iowa City, as recorded in Book 6,page 41, Beginning at a point on the South line Johnson County, Iowa; Thence of Kirkwood Avenue in Iowa City, Subscribed and sworn to before me S89°51'51"W, 143.00 feet along the North Iowa,which is 1770.7 feet West and line of said Highland Park Addition;Thence 35 feet South of the Northeast Corner this6cAday of , A.D. N00'34'1TE,302.97 feet to a point on the of the Southeast Quarter (SEY.) of South line of Kirkwood Avenue; Thence Section 15, Township 79 North, 1 N89°55'3TE,143.00 feet to the South line of Range 6 West of the Fifth Principal Kirkwood Avenue to the Point of Beginning Meridian, which point is also the said tract containing 1.2 acres more or less. Northwest Corner of Block 6, Lucas SECTION II. ZONING MAP. The Building Addition, Iowa City, Iowa, in Inspector is hereby authorized and directed to accordance with a survey prepared change the zoning map of the City of Iowa City, Nptciry p blit Iowa, to conform to this amendment upon the by William J.Bauer,recorded in Book `4 SHARON STUBBS final passage, approval and publication of this 4,page 203,Johnson County, Iowa: Ordinance as provided by law. Thence S00°34'1TW,302.81 feet to SECTION III. CERTIFICATION AND the Northeast Corner of Lot 30, �_• RECORDING. The Mayor is hereby authorized Highland Park Addition to Iowa City, and directed to sign,and the City Clerk to attest, as recorded in Book 6, page 41, the Conditional Zoning Agreement between the Johnson County, Iowa: Thence owners of the property. The City Clerk is further S89°51'51'W, 143.00 feet along the authorized and directed to certify a copy of this OFFICIAL PUBLICATION OF F ICIAL PUBLICATION _ OFFICIAL PUBLICATION ORDINANCE NO. 93-3596 Ordinance and the Conditional Zoning Agreement North line of said Highland Park AN ORDINANCE AMENDING THE ZONING which shall be recorded by the applicants at the Addition; Thence N00°34'1 South ORDINANCE BY CONDITIONALLY CHANGING Office of the County Recorder of Johnson line302of7 feet to a point on the South THE USE REGULATIONS OF County,Iowa,upon final passage and publication line of Kirkwood Avenue; Thence APPROXIMATELY 1.2 ACRES OF LAND as provided by law. Nouth line of 14-3.00 feet to the LOCATED AT 605 AND 617 KIRKWOOD SECTION IV. REPEALER. All ordinances and South line of Kirkwood Avenue to the AVENUE,IOWA CITY,IOWA parts of ordinances in conflict with the provision Point of Beginning said tract WHEREAS, the applicants, Michael and of this Ordinance are hereby repealed. containing 0.99 acres more or less. Victoria Lensing, have requested the City to SECTION V. SEVERABILITY. If any section, 2. Owners acknowledge that the City wishes to • rezone approximately 1.2 Acres of Land located provision or part of this Ordinance shall be ensure appropriate commercial development at 605 and 617 Kirkwood Avenue from CC-2, adjudged to be invalid or unconstitutional,such adjacent to residential neighborhoods and Community Commercial,and RS-5,Low Density adjudication shall not affect the validity of the therefore,agree to certain conditions over and Single-Family Residential,to CO-1,Commercial Ordinance as a whole or any section,provision or above City regulations to lessen the impact of Office;and part thereof not adjudged invalid or the commercial development on the area. WHEREAS, the Planning and Zoning unconstitutional. 3. In consideration of the City's rezoning of the CO- Commission recommended approval of the SECTION VI. EFFECTIVE DATE. This subject property from CC-2 and RS-5 to and requested zone change subject to: 1)closure of Ordinance shall be in effect after its final 1, the Owners agree that development and the existing curb cut at 617 Kirkwood at the passage, approval and publication, as required use of the subject property will conform to the applicants' expense; and 2) execution and by law. requirements of the CO 1,Commercial Office recording of an access easement providing Pas- '. and approved this 23rd day of Zone, as well as the following additional access to 617 Kirkwood Avenue across 605 N1ber, - conditions: ,t. r ......-/ a. 617 Kirkwood Avenue shall not have Kirkwood Avenue;and direct vehicular access onto Kirkwood WHEREAS,Iowa law provides that the City / .,�/,/.A.di...di of Iowa City may impose reasonable conditions MAYOR I Avenue. on granting the applicants'rezoning request,over b. Owners shall close and remove the and above existing regulations,to satisfy public / lJ // existing curb cut and driveway at 617 needs directly caused by the requested change: ATTEST: R..a�s{J y[. -7[�tiq/ Kirkwood Avenue at their expense prior and CITY CL K to the issuance of a building permit for any improvements to said property. 2 oRP y3-J5`f(7 a�2 c. Owners shall execute and record an permanent access easement providing access to 617 Kirkwood Avenue across 605 Kirkwood Avenue prior to the issuance of any building permits for improvements to said property. 4. Owners acknowledge that the conditions contained herein are reasonable conditions to • impose on the land under Iowa Code§414.5 (1993),and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. Owners acknowledge that in the event the ' • subject property is transferred, sold, redeveloped,or subdivided,all redevelopment will conform with the terms of this Agreement. 6. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors,representatives and assigns of the Parties. 7. The Owners acknowledge that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local,state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance,this Agreement shall be recorded in the Johnson County Recorders Office. Dated this 23rd day of November ,1993. CI BF IO •W IOW• By'- L.i,C��i • �, Darrel G.Courtney,Mayor BY: .Ltec/ mit t/ Manan K.Karr,City Clerk APPLICANT Michael J.Lensing By: • Victoria S.Lensing 3339 December 1,1993 / 3) Ord, b ORDINANCE NO. 93-3597 • AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATELY 0.139 ACRE TRACT OF LAND LOCATED SOUTH OF BLOCK THREE, BRAVERMAN CENTER AND WEST OF KEOKUK STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Braverman Development, Inc., has requested that the City rezone an approximately 0.139 acre tract of land located south of Block Three, Braverman Center and west of Keokuk Street from ID-RM, Interim Development Multi-Family Residential, to RM-12, Low Density Multi-Family Residential; and WHEREAS, the Planning and Zoning Commission recommended approval of the rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of ID-RM, Interim Development Multi-Family Residential,to RM- 12, Low Density Multi-Family Residential: A parcel of land in the South Half of the Northeast Quarter of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, in Iowa City, Iowa, described as follows: Commencing at the southeast corner of Block 3, Braverman Center as recorded in Book 7, Page 9 of the Johnson County Recorder's records, said point also being the northeast corner of Pepperwood Addition, Part 8 as recorded in Book 31, Page 15, of the Johnson County Recorder's records. thence N89°33'40"W, 140.00 feet along the south line of said Block 3 and the north line of said Part 8 to the Point of Beginning of the parcel of land herein described; thence following the northerly line of said Part 8; S77°44'27"W, 71.94 feet; thence S82°12'101W, 80.40 feet; thence S72°25'02"W, 80.40 feet; Ordinance No. 93-3597 Page 2 thence N28°26'23"W, 59.62 feet to the southwest corner of Block 3; thence S89°33'40"E,255.00 feet to the Point of Beginning. Said parcel contains 0.139 acre more or less. SECTION II. ZONING MAP. The Building Inspector 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 23rd day of Nat mber aWde MAYOR • ATTEST: I a.tc,4n,c) 7S . 7(o tit/ CITY CLERK Approved by �) City Attorney's Office /0-6 -03 ppdadmin\keokuk.ord It was moved by McDonald and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Throgmorton Courtney x Horowitz x Kubby X McDonald Novick Pigott First Consideration 10/26/93 Vote for passage:AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration Al /9/93 Vote for passage: AYES: Kubby, McDonald, Novick, Pigott, Courtney, Horowitz. NAYS: None. ABSENT: None. ABSTAIN: Throgmorton Date published 12/1/93 • • • A o • rTl•Illt 1 �'�'N�"` r' W :.'tn_ 4.4 WalarlAUCA1, � nt ,„ CITY OF IOWA CITY • STATE OF IOWA • ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3597 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of Janaury , 19 94 . usan Walsh Deputy City Clerk \welsh.ert CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 51340-1836 \�4% FAX(319) 356-5009 • 'Y oKU V3 -35 y 7 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA,THAT: SECTION I. APPROVAL. The property C described below is hereby reclassified from Printer's fee $ :.0 a its present classification of ID-RM, Interim Development Multi-Family Residential,to RM- 12,CERTIFICATE OF PUBLICATION Low Densityl lan- in ih South A parcel of lan�in the South Half of STATE OF IOWA,Johnson County, ss: the Northeast Quarter of Section 22, Township North, Range 6 West of THE IOWA CITY PRESS-CITIZEN the Fifth Principal Meridian,in Iowa City, FED.ID#42-0330670 Iowa, described as follows: Commencing at the southeast corner I of Block 3, Braverman Center as recorded in Book 7, Page 9 of the Margaret Rios, being duly sworn, Johnson County Recorder's records, say that I am the legal clerk of said point also being the northeast corner of Pepperwood Addition, Part 8 the IOWA CITY PRESS-CITIZEN, as recorded in Book 31,Page 15,of the Johnson County Recorder's records. a newspaper published in said thence N89°33'40'W, 140.00 feet county, and that a notice, a • along the south line of said Block 3 and the north line of said Part 8 to the Paint printed copy of which is hereto of Beginning of the parcel of land herein attached, was published in said describ;d; paper �_ time(s), on the thence following the northerly iine of said Part 8; S77°44'27'W, 71.94 feet; following date(s): thence S82°12'10"W,80.40 feet;thence S72°25'02"W, 80.40 feet; �s2T_p/ j•- - J, / 99 '3 thence N28°26'23141,59.62 feet to the southwest corner of Block 3; thence S89`33'40"E,255.00 feet to the Point of Beginning. Said parcel contains 0.139 acre more s or less. "Pi �' SECTION II. ZONING MAP. The Building Legal Clerk Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this Subscrib d and s orn to before me amendment upon the final passage, approval and publication of this Ordinance this (p 'day of G+�vt A.D. as provided by law. SECTION III. CERTIFICATION AND 19 RECORDING, The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County ' /% Recorder of Johnson County, Iowa, upon . bllC final passage and publication as provided by r. law. SHARON STU ,BBS SECTION IV. REPEALER. All ordinances • • and parts of ordinances in conflict with the - S provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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, OFFICIAL PUBLICATION provision or part thereof not adjudged invalid or unconstitutional. ORDINANCE NO. 81_1597 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final AN ORDINANCE AMENDING THE ZONING passage, approval and publication, as ORDINANCE BY CHANGING THE USE required by law. REGULATIONS OF AN APPROXIMATELY P. sed and approved this 23rd day of 0.139 ACRE TRACT OF LAND LOCATED N.vemb; j,.1993. 1993. SOUTH OF BLOCK THREE, BRAVERMAN , /40 >. CENTER AND WEST OF KEOKUK STREET, IOWA CITY, IOWA. MAYOR WHEREAS, the applicant, Braverman • � Development, Inc., has requested that the ATTEST: u�cJ _ AA f City rezone an approximately 0.139 acre CITY CLERK tract of land located south of Block Three, Braverman Center and west of Keokuk 3340 December 1,1993 Street from ID-RM, Interim Development Multi-Family Residential, to RM-12, Low Density Multi-Family Residential;and WHEREAS, the Planning and Zoning Commission recommended approval of the rezoning. I / inx . Ord 6e ORDINANCE NO. 93-3598 AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY ENTITLED "UTILITIES" BY REPEALING ARTICLE II, DIVISION 1 ENTITLED "WASTEWATER TREATMENT WORKS USERS" IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, DIVISION 1, TO BE CODIFIED AND ENTITLED THE SAME AND CONTAINING CERTAIN DEFINITIONS AND CLARIFICATIONS TO CONFORM TO STATE AND FEDERAL LAW. WHEREAS, the City of Iowa City, Iowa has previously accepted offers of grant-in-aid from the United States Environmental Protection Agency (EPA)for reimbursement of a portion of the costs of planning, designing, and construction of a wastewater treatment works; and WHEREAS, the City is required to have a National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment works; and WHEREAS, all NPDES permit holders must comply with the United States EPA regulations and requirement of the Clean Water Act; and WHEREAS, an ordinance must be submitted to the Iowa Department of Natural Resources which establishes the City's authority to implement and enforce pretreatment standards and requirements, and to regulate all users of the Wastewater Treatment Works. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Iowa City, Iowa: SECTION 1. Chapter 33, Article II, Division 1, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Chapter 33, Article II, Division 1, in its entirety, and enacting in lieu thereof a new Chapter 33, Article II, Division 1, to be codified and to read as follows: Ordinance No. q9-35g8 Page 2 ARTICLE II DIVISION 1 WASTEWATER TREATMENT WORKS USER ORDINANCE SUBDIVISION A GENERAL Sec. 33-20.1 Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Iowa City, Iowa to control all discharges to the Wastewater Treatment Works. Sec. 33-20.2 Definitions. Definitions set forth in this chapter shall be applicable to this division. In addition, unless the context specifically indicates otherwise,the meaning of terms used in this ordinance shall be as follows: Building is any structure used or intended for supporting or sheltering any use or occupancy. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, which begins five (5) feet outside the inner face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called "house or building connection.' City shall mean the City of Iowa City, Iowa. Combined sewer shall mean a sewer receiving both surface runoff and wastewater. Director shall mean the City Manager or his/her authorized designee. Easement shall mean an acquired legal right for the specific use of land owned by others. Floatable oil is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. Holding tank waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Industrial wastewater shall mean the liquid wastes from industrial manufacturing 15 Ordinance No. 93-3598 Page 3 processes, trade or business as distinct from normal domestic or sanitary wastewater. Infiltration/Inflow (I/I) shall mean clear, unpolluted water which enters the collection system from the ground or uncontrollable sources. Interference shall mean the inhibition or disruption of the POTW treatment processes which are the cause of a viola Non of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of the violation. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C., 1345), or any criteria, guidelines,or regulations developed pursuant to the Solid Waste Disposal Act (SWDA, 42 U.S.C. 6901 et. seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title II of SWDA) applicable to the method of disposal or use employed by the POTW. May is permissive. (See "shall".) Natural outlet shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 300 milligrams per liter, and a suspended solids concentration of not more than 300 milligrams per liter. Owner shall mean any recognized interest of ownership in real or personal property, including legal and equitable property interests. Pass through shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's National Pollutant Discharge Elimination System (NPDES) permit, including an increase in the magnitude or duration of the violation. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture, governmental body or agency, or any /5 Ordinance No. 99-3S98 Page 4 combination thereof or any agent, representative, or fiduciary thereof. Plumbing official shall mean the person designated by the city to administer and enforce the city codes relating to pumping. Premises includes any interest in real property, including but not limited to buildings and improvements, whether intended for or used for residential, commercial, or industrial use. Process wastewater means any water which during manufacturing or processing comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Properly shredded refuse shall mean the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewers, with no particle greater than one-half inch in any dimension. Public sewer shall mean a sewer owned by the City. Publicly owned treatment works (POTW) shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plants, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, a POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. Publicly owned treatment works is synonymous with "wastewater treatment works." Refuse shall mean animal and vegetable waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Residential Contributor shall mean any contributor to the City's wastewater treatment works whose lot, parcel of real estate, or IS Ordinance No. 93-3598 Page 5 building is used only for domestic dwelling purposes. Sanitary sewer shall mean a sewer which carries wastewater and to which storm, surface and groundwaters are not intentionally admitted. Sewer shall mean a pipe or conduit that carries wastewater or drainage water. Shall is mandatory. (See "may".) Slug shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any periods of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and will adversely affect the collection system and/or performance of the wastewater treatment works. Storm sewer shall mean a drain or sewer for conveying surface water, groundwater, or unpolluted water from any source. Unpolluted water is water of quality equal to or better than the wastewater treatment works effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment works provided. User shall mean any person who contributes, causes or permits the contribution of wastewater into the city's POTW. Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water- carried wastes from residences, commercial buildings, industrial plants, and institutions. Wastewater treatment works. See "publicly owned treatment works." Watercourse shall mean a natural or artificial channel for the passage of water either continuously or intermittently. Sec. 33-20.3 - 33-20.10 Reserved SUBDIVISION B REGULATION Sec. 33-20.11 Violation. It shall be a simple misdemeanor, municipal infraction and/or environmental infraction to violate or refuse to obey any rule, regulation, order or provision of this Article II, Division 1. 15 Ordinance No. 93-3598 Page 6 • Sec. 33-20.12 District. The entire City is hereby organized into one sewer district. Sec.33-20.13 Connection required;number of sewers. (a) The owners of all houses, buildings or properties used for human occupancy and/or employment, situated within the jurisdiction of the city in which there is now located or may in the future be located a public sanitary sewer of the city are hereby required, at their expense, to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sanitary sewer in accordance with the provisions of this Division, within ninety (90) calendar days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line, and is accessible without the need to acquire • additional property rights. (b) A separate and independent building sanitary sewer shall be provided for every building except as hereinafter provided. (c) A nonresidential development consisting of one or more buildings on one or more lots may, at the discretion of the Director, be served by a private sanitary sewer system, provided that: (1) In association with such development there is the need for a lift station and force main which is an integral part of the private sanitary sewer system; and (2) The private sewer collection system is constructed in accordance with Iowa City Design Standards for Public Improvements; and (3) A single legal entity is established which is responsible for the perpetual maintenance of the private sanitary sewer system. Sec. 33-20.14 Building sewer installation requirements. (a) Permit required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director. Nothing in this Division shall be construed or intended to change or modify requirements set forth in Chapter 8, Article VII, of the Iowa City Code of Ordinances (1991). IS Ordinance No. 93-3598 Page 7 (b) City to be indemnified. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (c) Specifications. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe,jointing,testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. (d) When drain is too low. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such building drain shall be lifted by means approved by the plumbing official, and shall be discharged to the building sewer for gravity flow into the public sewer. (e) Certain connections prohibited. No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains or other sources of surface water or groundwater directly or indirectly to a public sanitary sewer. (f) Excavations. All excavations for building sewer installation shall be in conformance with Chapter 31, Article II, and Chapter 8, Section 164, of the Iowa City Code of Ordinances (1991). The excavation showing the building sewer and connections shall be kept open until satisfactorily inspected by the City. Sec.33-20.15 Discharge of unpolluted waters. Stormwater, groundwater and all other unpolluted water shall be discharged only to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the Director. Sec. 33-20.16 Unlawful deposits and discharges. (a) It shall be a violation of this Ordinance for any person to place, deposit or permit to be deposited, in any unsanitary manner, any human or animal excrement, refuse or other objectionable waste on public or private property within the City or in any area under the jurisdiction of the City. is Ordinance No. 93-3598 Page 8 (b) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Division. Sec. 33-20.17 Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any petroleum derivative or flammable or explosive liquid, solid or gas, or any substances which create a fire or explosive hazard in the POTW including, but not limited to, waste streams with a flashpoint of less than sixty (60) degrees centigrade (140 degrees fahrenheit) using the test methods specified in 40 CFR (Code of Federal Regulations) 261.21. (b) Any pollutants containing toxic materials and any other poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, which injure or interfere with any wastewater treatment process, which constitute a hazard to humans or animals, which create a public nuisance or which create any hazard in the receiving waters of the wastewater treatment works. (c) Pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater treatment works in a quantity that may cause acute worker health and safety problems. (d) Any pollutants having a pH lower than 6.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works. (e) Solid or viscous pollutants in amounts or of such size which will cause obstruction to the flow in sewers or in the POTW, or cause any other interference with the proper operation of the wastewater treatment works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups and milk containers, either whole or ground by refuse grinders. 1S Ordinance No. 93-3598 Page 9 • (f)Any pollutants having five-day biochemical oxygen demand greater than three hundred (300) milligrams per liter, or containing more than three hundred (300) milligrams per liter of suspended solids, and having an average daily flow of process wastewater greater than 25,000 gallons per day shall be subject to the provisions of Article II, Division 2, of this Chapter. The user shall provide, at its own expense, preliminary treatment as may be necessary, in the opinion of the Director, to reduce the biochemical oxygen demand to three hundred (300) milligrams per liter, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Director, and no construction of such facilities shall be commenced until said approvals are obtained from the City, in writing. (g) Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the wastewater treatment works. (h) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. (i) Any trucked or hauled pollutants, except at discharge points designated by the wastewater treatment works. Sec. 33-20.18 Certain wastes permissible upon approval of the director. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes when the Director determines that such wastes can harm either the sewers, wastewater treatment process or equipment, have any adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, construction materials of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment works, degree of (5 Ordinance No. 93-35.98 Page 10 treatability of wastes at the wastewater treatment works, and other pertinent factors. The substances which are prohibited, unless approved in writing by the Director, are: (a)Wastewater containing more than twenty- five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin. (b) Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees Centigrade). (c) Any refuse that has not been properly shredded. The installation and operation of any refuse grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the Director. Id) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not. (e) Any waters or wastes containing. objectionable or toxic substances, or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established in Article II, Division 2, Sec. 33-30.13(b) and (c) for such materials. If) Any waters or wastes containing phenols or other taste or odor-producing substances, in concentrations exceeding limits established in Article II, Division 2, Sec. 33-30.13(b) and (c) or which, after treatment of the composite wastewater, fails to meet the requirements of state, federal or other public agencies having jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations. (h) Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate or pollutant concentration which will cause interference. (i) Materials which.exert or cause: Ordinance No. 91-3598 Page 11 (1) Unusual concentrations of inert suspended or dissolved solids. (2) Excessive discoloration,such as but not limited to dye wastes and vegetable tanning solutions. (3) Unusual biochemical oxygen demand, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment works. (4) Volumes of flow, concentrations or both, which constitute a 'slug,' as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment works effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. All problem discharges including accidental spills of substances listed herein, including slug discharges, shall be immediately reported by telephone to the POTW. The caller shall notify the POTW of the location of the discharge, type of waste, concentration and volume and corrective actions. Persons discharging industrial wastewater must comply with this Division and with Article II, Division Two (2) of this Chapter. Sec. 33-20.19 What city may require for hazardous waste discharge. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 33-20.17 and which, in the judgment of the Director, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may: (a) Revoke or cancel the user's permit. (b) Require pretreatment to an acceptable condition for discharge to the public sewers. • (c) Require control over the quantities and rates of discharge. iS Ordinance No. 93-3598 Page 12 (d) Require payment to cover the additional cost of handling and treating the wastes not covered by existing sewer charges. If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and subject to the requirements of Article II, Division Two (2) of this Chapter and all applicable codes, ordinance and laws. Sec. 33-20.20 Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 33-20.21 Maintenance of special facilities. Where preliminary treatment or flow- equalizing facilities are provided for any waters or wastes, the facilities shall be maintained continuously in satisfactory and effective • operation by the user. Sec. 33-20.22 Testing, analyses and measurements. All measurements, samples, tests and analyses of the characteristics of waters and wastes to which reference is made in this Division shall be conducted using the methods and procedures in 40 CFR Part 136, and shall be determined at the control manholes provided, or upon suitable samples taken at said control manholes. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out to reflect the effect of constituents upon the wastewater facilities and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all IS Ordinance No. 93-3598 Page 13 building sewers of a premise is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, biochemical oxygen demand and suspended solids analysis are obtained from twenty-four-hour composites of all building sewers of a premise, whereas pH's are determined from periodic grab samples. Sec. 33-20.23 Private sewage disposal systems. (a) No person shall construct a private sanitary sewer disposal system without first securing approval from the City. (b) No private sanitary sewer disposal system shall hereafter be constructed without first obtaining a permit from the Johnson County Board of Health. (c) Design, construction, operation and maintenance of private sanitary sewer disposal systems shall comply with all requirements of the City, the Johnson County Board of Health and the Iowa Administrative Code Environmental Protection Division 567, Chapter 69. (d) Owners of private sewage disposal systems are not relieved from the responsibility of satisfying the requirements of this Division. (e) Private sewage disposal systems include, but are not limited to, mechanical treatment systems, septic tanks, lagoons, and reservoirs. Manure pits, privy vaults and cesspools are prohibited. (f) No private sewage disposal system shall be constructed or installed in water-bearing strata supplying water used for drinking or culinary purposes, nor in any porous soil where seepage or percolating surface or groundwater may carry the pollution or infection of the contents of such system into a well, spring, or any other source of water used as a public or domestic water supply. (g) No private sewage disposal system shall discharge effluent onto any street, alley, or watercourse. Aerobic systems shall discharge effluent directly into the city's wastewater treatment works. Anaerobic systems shall discharge effluent to a subsurface absorption system. (h) No private sewage disposal system shall be constructed within fifty (50) feet of any Ordinance No. 93-3598 Page 14 spring, well, or watercourse, within ten (10) feet of any property line, or within twenty-five (25) feet of any building used for human occupancy. Sec. 33-20.24 Written notice of violation. Any person or user found to be violating any provision of this Division shall be served by the Director with written notice, stating the nature of the violation, and provide a reasonable time for the satisfactory correction thereof. The person or user shall, within the period of time stated in such notice, permanently cease all violations. Sec. 33-20.25 Penalties. Each violation of the provisions of this Division shall constitute a simple misdemeanor, a municipal infraction, or an environmental infraction, and may be penalized as provided in Chapter 1 of the Iowa City Code of Ordinances. The remedies available to the City for correction of said violations shall be deemed cumulative, and the City's election of one remedy shall not preclude the City from pursuing other available remedies. Each day a violation occurs or continues to exist shall constitute a separate offense. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful portions and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances and • parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as required by law. '5 Ordinance No. 93-3598 Page 15 Passed and approved this 23rd day of \ wvembe `,)93. Si MAYOR ATTEST: / . CITY CLERK i Attorney's Office a v pwsdmin\wrlwrts.ad a It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Throgmorton X _ Courtney X - Horowitz Kubby McDonald Novick X Pigott First Consideration 10/12/93 Vote for passage: AYES: Courtney, Horowitz, Kubby,McDonald, Novick, Pigott. NAYS: None. ABSENT: Ambrisco. Second Consideration , 10/26/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. Date published 12/1/93 '5 A TTI , m`w CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3598 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of November , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of January , 19 94 . AAcvn K Wash Susan Walsh Deputy City Clerk \welsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. �� PHONE (319) 756-5000 IOWA CITY IOWA 52240-1826 SW FAX(319) 356-5009 ritig • AS K I;. 'E 'S `.)T1 i 5 1 ,,, i Normal uomestrc Wastewater shall rhean OFFICIAL PUBLICATION wastewater that has a BOD concentration of not more than 300 milligrams per liter, and a ORDINANCE NO. 93-3598 suspended solids concentration of not more p AN ORDINANCE AMENDING CHAPTER 33 0. than 300 milligrams per liter. Printer's fee $ .186--3/ Owner shall mean any recognized interest of THE CODE OF ORDINANCES OF THE CITY 01 ownership in real or personal property, IOWA CITY ENTITLED "UTILITIES" Btt including legal and equitable property interests. CERTIFICATE OF PUBLICATION REPEALING ARTICLE II,DIVISION 1 ENTITLED Pass through shall mean a discharge which "WASTEWATER TREATMENT WORKS USERS" exits the POTW into waters of the United STATE OF IOWA,Johnson County, ss: IN ITS ENTIRETY AND ENACTING IN LIEU States in quantities or concentrations which, THE IOWA CITY PRESS-CITIZEN THEREOF A NEW ARTICLE II,DIVISION 1,TO alone or in conjunction with a discharge or BE CODIFIED AND ENTITLED THE SAME AND discharges from other sources,is a cause of a FED. ID#42-0330670 CONTAINING CERTAIN DEFINITIONS AND violation of any requirement of the POTW's CLARIFICATIONS TO CONFORM TO STATE National Pollutant Discharge Elimination System I AND FEDERAL LAW. (NPDES) permit, including an increase in the magnitude or duration of the violation. Margaret Rios, being duly sworn, WHEREAS, the City of Iowa City, Iowa has Person shall include individual persons,user, previously accepted offers of grant-in-aid from responsible party, entity, business, firm, say that I am the legal clerk of the United States Environmental Protection corporation, association, partnership, venture, the IOWA CITY PRESS-CITIZEN, Agency(EPA)for reimbursement of a portion of governmental body or agency, or any the costs of planning, designing, and combination thereof or any agent, a newspaper published in said construction of a wastewater treatment works; representative, or fiduciary thereof. and Plumbing official shall mean the person county, and that a notice, a WHEREAS, the City is required to have a designated by the city to administer and printed copy of which is hereto National Pollutant Discharge Elimination System enforce the city codes relating to pumping. (NPDES) permit to operate its wastewater Premises includes any interest in real attached, was published in said treatment works;and property,including but not limited to buildings WHEREAS, all NPDES permit holders must and improvements, whether intended for or paper ___/_____ tlme(s), on the comply with the United States EPA regulations used for residential, commercial, or industrial following date(s): and requirement of the Clean Water Act; and use. WHEREAS,an ordinance must be submitted Process wastewater means any water which to the Iowa Department of Natural Resources during manufacturing or processing comes into y / /g9:3 which establishes the City's authority to direct contact with or results from the implement and enforce pretreatment standards production or use of any raw material, and requirements, and to regulate all users of intermediate product, finished product, the Wastewater Treatment Works. byproduct,or waste product. NOW,THEREFORE, BE IT ORDAINED by the properly shredded refuse shall mean the 772, Q ` � City CouncilTIONof the City 3 Iowa City, Iowa: wastes from the preparation, cooking and ®C�•p6 SECTION 1. Chapter 33, Article II, Division dispensing of foods that have been shredded to 1, of the Code of Ordinances of the City of such a degree that all particles will be carried Legal Clerk Iowa City, Iowa, is hereby amended by freely under the flow conditions normally repealing Chapter 33, Article II, Division 1, in prevailing in public sanitary sewers, with no Subscribed and sw n to before me is entirety, and enacting in lieu thereof a new particle greater than one-half inch in any Chapter 33,Article II,Division 1,to be codified dimension. ,, and to read as follows: Publrc sewer shall mean a sewer owned by this L(!4day of �n • , A.I . ARTICLE II DIVISION 1 the City. WASTEWATER TREATMENT WORKS Publicly owned treatment works IPOTWI 19 ! • USER ORDINANCE shall mean a treatment works as defined by e7 f SUBDIVISION A Section 212 of the Act (33 U.S.C. 1292) / / GENERAL which is owned in this instance by the City. ' Sec.33.20.1 Purpose. This definition includes any sewers that convey �__= A ...... . It is determined and declared to be necessary wastewater to the POTW treatment plants,but and conducive to the protection of the public does not include pipes, sewers or other otary Public health,safety,welfare,and convenience of the conveyances not connected to a facility 4("tLLB ..J SHARON City of Iowa City,Iowa to control all discharges providing treatment. For the purposes of this to the Wastewater Treatment Works. division,a POTW shall also include any sewers Sec.33.20.2 Definitions. that convey wastewaters to the POTW from Ho/ding tank waste shall mean any waste persons outside the city who are, by contract from holding tanks such as vessels, chemical or agreement with the city, users of the city's toilets, campers, trailers, septic tanks, and POTW. Publicly owned treatment works is synonymous with 'wastewater treatment vacuum-pump tank trucks. Industrial wastewater shall mean the liquid works.'PUBLICATION Refuse shall mean animal arid vegetable wastes from industrial manufacturing processes, trade or business as distinct from waste from the domestic and commercial Definitions set forth in this chapter shall be preparation, cooking and dispensing of food, applicable to this division. In addition, unless normal domestic or sanitary wastewater.Infiltration/!nflow (!/f) shall mean clear, and from the handling, storage and sale of the context specifically indicates otherwise,the produce. meaning of terms used in this ordinance shall unpolluted water which enters the collection Residential Contributor shall mean any be as follows: system from the ground or uncontrollable contributor to the City's wastewater treatment sources. Building is any structure used or intended for works whose lot, parcel of real estate, or supporting or sheltering any use or occupancy. Interference shall mean the inhibition or building is used only for domestic dwelling Building drain shall mean that part of the disruption of the POTW treatment processes which are the cause of a violalon of any purposes. lowest horizontal piping of a drainage system requirement of the city's NPDES permit, Sanitary sewer shall mean a sewer which which receives the discharge from soil, wase carries wastewater and to which storm, and other drainage pipes inside the walls of the including an increase in the magnitude or surface and groundwaters are not intentionally building and conveys it to the building sewer, duration of the violation. The term includes admitted. which begins five 15) feet outside the inner prevention of sewage sludge use or disposal by Sewer shall mean a pipe or conduit that face of the building wall. the POTW in accordance with Section 405 of carries wastewater or drainage water. Building sewer shall mean the extension from the Act 133 U.S.C., 1345), or any criteria, Shall is mandatory. (See"may'.) the building drain to the public sewer or other guidelines,or regulations developed pursuant to Slug shall mean any discharge of water or place of disposal,also called"house or building the Solid Waste Disposal Act (SWDA, 42 wastewater which, in concentration of any connection.' U.S.C. 6901 et. seq.), the Clean Air Act, the given constituent or in quantity of flow, or more City shall mean the City of Iowa City, Iowa. Toxic Substances Control Act, exceeds for any periods of duration longer than Combined sewer shall mean a sewer stringent state criteria (including those fifteen (15) minutes more than five IS) times receiving both surface runoff and wastewater. contained in any state sludge management plan the average twenty-four-hour concentration or Director shall mean the City Manager or prepared pursuant to Title II of SWDAI flows during normal operation and will his/her authorized designee. applicable to the method of disposal or use adversely affect the collection system and/or Easement shall mean an acquired legal right employed by the POTW. g May is permissive. (See 'shall'.) performance of the wastewater treatment for the specific use of land owned by others. works. Floatable oil is oil,fat or grease in a physical Natural outlet shall mean any outlet, Storm sewer shall mean a drain or sewer for state such that it will separate bygravity including storm sewers and combined sewer p from overflows, into a watercourse, pond, ditch, conveying surface water, groundwater, or wastewater by treatment in an approvedunpolluted water from any source. pretreatment facility. A wastewater shall be lake or other body of surface or groundwater. considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. l t� oiZO 93 .-3i a13 Unpolluted water is water of quality equal to (d)When drain is too low, In all buildings ir, If)Any pollutants having five-day biochemical or better than the wastewater treatment works which any building drain is too low to permit oxygen demand greater than three hundred effluent criteria in effect, or water that would gravity flow to the public sewer, wastewater (300) milligrams per liter, or containing more not cause violation of receiving water quality carried by such building drain shall be lifted by than three hundred(300)milligrams per liter of standards and would not be benefitted by means approved by the plumbing official, and suspended solids,and having an average daily discharge to the sanitary sewers and shall be discharged to the building sewer for flow of process wastewater greater than wastewater treatment works provided. gravity flow into the public sewer. 25,000 gallons per day shall be subject to the User shall mean any person who contributes, lel Certain connections prohibited. No provisions of Article i1, Division 2, of this causes or permits the contribution of person shall make connection of roof Chapter. The user shall provide, at its own wastewater into the city's POTW. downspouts, interior and exterior foundation expense, preliminary treatment as may be Wastewater shall mean the spent water of a drains, areaway drains or other sources of necessary, in the opinion of the Director, to community. From the standpoint of source,it surface water or groundwater directly or reduce the biochemical oxygen demand to may be a combination of the liquid and water- indirectly to a public sanitary sewer. three hundred (300) milligrams per liter, or carried wastes from residences, commercial Ifl Excavations. All excavations for building control the quantities and rates of discharge of buildings, industrial plants,and institutions. sewer installation shall be in conformance with such waters or wastes, Plans, specifications Wastewater treatment works. See"publicly Chapter 31, Article II, and Chapter 8, Section and any other pertinent information relating to owned treatment works." 164, of the Iowa City Code of Ordinances proposed preliminary treatment facilities shall Watercourse shall mean a natural or artificial (1991). The excavation showing the building be submitted for the approval of the Director, channel for the passage of water either sewer and connections shall be kept open until and no construction of such facilities shall be continuously or intermittently. satisfactorily inspected by the City. commenced until said approvals are obtained Sec.33-20.3-33-20.10 Reserved Sec.33-20.15 Discharge of unpolluted waters. from the City, in writing. SUBDIVISION B Stormwater, groundwater and all other (9) Any pollutant, ncluding oxygen REGULATION unpolluted water shall be discharged only to demanding pollutants released in a discharge at Sec.33-20.11 Violation. such sewers as are specifically designated as a flow rate and/or pollutant concentration It shall be a simple misdemeanor, municipal storm sewers, or to a natural outlet approved which will cause interference with the infraction and/or environmental infraction to by the Director. Industrial cooling water or wastewater treatment works. violate or refuse to obey any rule, regulation, unpolluted process waters may be discharged (h) Petroleum oil, nonbiodegradable cutting order or provision of this Article II,Division 1. to a storm sewer or natural outlet on approval oil,or products of mineral oil origin in amounts of the Director. that will cause interference or pass through. Sec.33-20.12 District. (i) Any trucked or hauled pollutants, except The entire City is hereby organized into one Sec. 33-20.16 Unlawful deposits and entire discharges. at discharge points designated by the (a)It shall be a violation of this Ordinance for wastewater treatment works. OFFICIAL PUBLICATION any person to place, deposit or permit to be Sec. 33-20.18 Certain wastes permissible deposited, in any unsanitary manner, any upon approval of the director. sewer district- human or animal excrement, refuse or other No person shall discharge or cause to be Sec.33-20.13 Connection required;number of objectionable waste on public or private discharged the following described substances, sewers. property within the City or in any area under materials, waters or wastes when the Director (a) The owners of all houses, buildings or the jurisdiction of the City. determines that such wastes can harm either properties used for human occupancy and/or where suitable treatment has been provided in the sewers, wastewater treatment process or equipment, have any adverse effect on the employment, situated within the jurisdiction of accordance with subsequent provisions of this receiving stream or can otherwise endanger the city in which there is now located or may in Division. life, limb, public property, or constitute a the future be located a public sanitary sewer of Sec.33-20.17 Prohibited discharges. nuisance. In forming an opinion as to thee the city are hereby required, at their expense, No person shall discharge or cause to be acceptability of these wastes,the Director will to install suitable toilet facilities therein,and to discharged any of the following described give consideration to such factors as the connect such facilities directly to the proper waters or wastes to any public sewers: public sanitary sewer in accordance with the (a)Any petroleum derivative or flammable or quantities of subject wastes in relation to flows provisions of this Division, within ninety 190) explosive liquid,solid or gas,or any substances and velocities in the sewers, construction calendar days after date of official notice to do which create a fire or explosive hazard in the so, provided that said public sewer is within POTW including, but not limited to, waste OFFICIAL PUBLICATION three hundred 13001 feet of the property line, streams with a flashpoint of less than sixty and is accessible without the need to acquire (60) degrees centigrade 1140 degrees materials of the sewers, nature of the additional property rights. fahrenheit)using the test methods specified in wastewater treatment process,capacity of the (b1 A separate and independent building 40 CFR (Code of Federal Regulations)261.21. wastewater treatment works, degree of sanitary sewer shall be provided for every (b)Any pollutants containing toxic materials treatability of wastes at the wastewater building except as hereinafter provided. and any other poisonous solids,liquids or gases (c) A nonresidential development consisting in sufficient quantity, either singly or by treatment works, and other pertinent factors. of one or more buildings on one or more lots interaction with other wastes, which injure or The substances which are prohibited, unless may, at the discretion of the Director, beapproved in writing by the Director,are: interfere with any wastewater treatments (a)Wastewater containing more than twenty- served by a private sanitary sewer system, process,which constitute a hazard to humans g provided that: or animals, which create a public nuisance or five (25) milligrams per liter of petroleum oil, cutting oils or products of Ill In association with such development which create any hazard in the receiving waters nonbiodegradable there is the need for a lift station and force of the wastewater treatment works. mineral oil origin. main which is an integral part of the private (c)Pollutants which result in the presence of Ib) Any waters or wastes containing fats, sanitary sewer system; andtoxic gases, vapors, or fumes within the wax,grease or oils,whether emulsified or not, (2) The private sewer collection system isin excess of one hundred(100) milligrams per wastewater acute worker works in t quantity that liter or containing substances which may Design constructed int accordance wth Iowa City may cause acute health and safety solidify or become viscous at temperatures D 131 single legaleg for Public Improvements;whichcd problems. between thirty-two(321 and one hundred fifty 131 A single entity is established (d) Any pollutants having a pH lower than 1150) degrees Fahrenheit (0 and 65 degrees is responsible for the perpetual maintenance of 6.0 or greater than 9.5 or having any other Centigrade). the private sanitary sewer system. corrosive property capable of causing damage Sec. 33-20.14 Building sewer installation or hazard to structures, equipment, and (c) Any refuse that has not been properly requirements. ttsatment works. shredded. The installation and operation of any person e wastewater (e)Solid or viscous pollutantsein amounts or refuse G (a)Permit required. No unauthorizedPersonnel of trinder equipped with a motor of one shall uncover, make any connections with or of such size which will cause obstruction to the horsepower or greater shall be subject to the opening into, use, alter, or disturb any public flow in sewers or in the POTW, or cause any review and approval of the Director. sewer or appurtenance thereof without first other interference with the proper operation of Id)Any waters or wastes containing strong obtaining a written permit from the Director. acid iron pickling wastes or concentrated the wastewaterdtashes,treatmente ,sand, such astbut plating solutions,whether neutralized or not. Nothing in this Division shall be construed or not limited to cinders,sand,mud,straw, p g intended to change or modify requirements set (el Any waters or wastes containing shavings, metal,dglass, rags, feathers,gtar, forth in Chapter 8,Article VII,of the Iowa City plastics, wood, unground garbage, whole objectionable or toxic substances, or wastes Code of Ordinances(19911. blood, paunch manure, hair and fleshings, exerting an excessive chlorine requirement to Ib) City to be indemnified. The owner shi entrails and paper dishes, cups and milk such degree that any such material received in indemnify the city from any loss or damac containers, either whole or ground by refuse the composite wastewater at the wastewater that may directly or indirectly be occasioned t grinders. treatment works exceeds the limits established the installation of the building sewer. in Article II, Division 2, Sec. 33-30.13(b) and (c)for such materials. (c) Specifications. The size, slop( (f)Any waters or wastes containing phenols alignment, materials of construction of or other taste or odor-producing substances,in building sewer,and the methods to be used ii concentrations exceeding limits established in excavating,placing of the pipe,jointing,testing and backfilling the trench shall all conform t( Article II,Division 2, Sec.33-30.13(b)and Ic) or which, after treatment of the composite the requirements of the building and plumbing wastewater, fails to meet the requirements of code or other applicable rules and regulations of the City. state, federal or other public agencies having jurisdiction for such discharge to the receiving waters. i�- , Ig) Any radioactive wastes or isotopes of OPO 93 35Q$ 3 co such half-life or concentration a5 may exceed All measurements, samples, tests and limits established by the Director in compliance analyses of the characteristics of waters and Sec.33-20.25 Penalties. wastes to which reference is made in this Each violation of the provisions of this with applicable state or federal regulations. Division shall be conducted using the methods Division shall constitute a simple misdemeanor, Ih) Any pollutant, including oxygen and procedures in 40 CFR Part 136, and shall a municipal infraction, or an environmental demanding pollutants released in a discharge at be determined at the control manholes infraction, and may be penalized as provided in a flow rate or pollutant concentration which provided, or upon suitable samples taken at Chapter 1 of the Iowa City Code of Ordinances. will cause interference. The remedies available to the City for said al manholentrol manholes.b In the event that no correction of said violations shall be deemed lil Materials which exert or cause: special has been required,the control (11 Unusual concentrations of inert manhole shall be considered to be the nearest cumulative, and the City's election of one suspended or dissolved solids. downstream manhole in the public sewer from remedy shall not preclude the City from (21 Excessive discoloration,such as but not the point at which the building sewer is pursuing other available remedies. Each day a limited to dye wastes and vegetable tanning connected. violation occurs or continues to exist shall solutions. Sampling shall be carried out to reflect the constitute a separate offense. (31 Unusual biochemical oxygen demand, effect of constituents upon the wastewater SECTION 2. SEVERABILITY. If any of the chemical oxygen demand or chlorine facilities and to determine the existence of provisions of this Ordinance are for any reason requirements in such quantities as to constitute hazards to life, limb and property. The declared illegal or void, then the lawful a significant load on the wastewater treatment particular analyses involved will determine provisions of this Ordinance are deemed works. whether a twenty-four-hour composite of all severable from said unlawful portions and shall (41 Volumes of flow, concentrations orbuilding sewers of a premise is appropriate,or remain in full force and effect, the same as if both, which constitute a -slug,' as definedwhether a grab sample or samples should be the Ordinance contained no illegal or void herein. taken. Normally,but not always, biochemical Provisions. Ijl Waters or wastes containing substancesSECTION 3. REPEALER. All ordinances and which are not amenable to treatment or oxygen demand and suspended solids analysis are obtained from twenty-four-hour composites Parts of ordinances in conflict with the reduction by the wastewater treatment processof all building sewers of a premise, whereas provisions of this Ordinance are hereby employed,or are amenable to treatment only torepealed. pH's are determined from periodic grab such degree that the wastewater treatment SECTION 4. EFFECTIVE DATE. This samples. works effluent cannot meet the requirements ofOrdinance shall be in full force and effect from other agencies having jurisdiction over Sec. 33-20.23 Private sewage disposal systems. and after its final passage and publication as discharge to the receiving waters. required by law. All problem discharges including accidental (a) No person shall construct a private sanitary sewer disposal system without first Passed and approved this 23rd day of spills substances shall b d herein,reportsg slugy �embe�discharges, shall be immediately reported by securing approval from the City. telephone to the POTW. The caller shall notify shalll No private sanitary sewer disposal system the POTW of the location of the discharge, hereafter be constructed without first obtaining a permit from the Johnson County AVON type of waste, concentration and volume and Board of Health. corrective actions. 1c1 Design, construction, operation and Persons discharging industrial wastewater maintenance of private sanitary sewer disposal must comply with this Division and with Article systems shall comply with all requirements of ATTEST: h.`:� a . , II, Division Two 121 of this Chapter. the City, the Johnson County Board of Health CITY CL Sec. 33-20.19 What city may require forand the Iowa Administrative Code 3341 hazardous waste discharge. December 1,1993 If any waters or wastes are discharged, or Environmental Protection Division 567,Chapter 69. are proposed to be discharged to the public sewers, which waters contain the substances Id) Owners of private sewage disposal systems are not relieved from the responsibility or possess the characteristics enumerated in Section 33-20.17 and which, in the judgment of satisfying the requirements of this Division. lel Private sewage disposal systems include, of the Director, may have a deleterious effect but are not limited to, mechanical treatment upon the wastewater facilities, processes, systems,septic tanks,lagoons,and reservoirs. equipment or receiving waters, or which Manure pits, privy vaults and cesspools are otherwise create a hazard to life or constitute prohibited. a public nuisance, the Director may: la)Revoke or cancel the user's permit. (II No private sewage disposal system shall be constructed or installed in water-bearing Ibl Require pretreatment to an acceptable condition for discharge to the public sewers. strata supplying water used for drinking or (c) Require control over the culinary purposes,nor in any porous soil where quantities and seepage or percolating surface or groundwater rates of discharge. may carry the pollution or infection of the (dl Require payment to cover the additional contents of such system into a well, spring,or cost of handling and treating the wastes not covered by existing sewer charges. If the Director permits the pretreatment or OFFICIAL PUBLICATION equalization of waste flows, the design and installation of the plants and equipment shall be any other source of water used as a public or subject to the review and approval of the domestic water supply. Director and subject to the requirements of Igl No private sewage disposal system shall Article II,Division Two 121 of this Chapter and discharge effluent onto any street, alley, or all applicable codes,ordinance and laws. watercourse, Aerobic systems shall discharge Sec. 33-20.20 Grease, oil and sand effluent directly into the city's wastewater interceptors. treatment works. Anaerobic systems shall Grease, oil and sand interceptors shall be discharge effluent to a subsurface absorption provided when, in the opinion of the Director, system. they are necessary for the proper handling of (h)No private sewage disposal system shall liquid wastes containing grease in excessive be constructed within fifty 1501 feet of any amounts or any flammable wastes, sand or spring, well, or watercourse, within ten 110) other harmful ingredients. All interceptors shall feet of any property line,or within twenty-five be of a type and capacity approved by the (25) feet of any building used for human Director, and shall be located as to be readily occupancy. and easily accessible for cleaning and Sec.33-20.24 Written notice of violation, inspection. Any person or user found to be violating any Sec. 33-20.21 Maintenance of special provision of this Division shall be served by the facilities. Director with written notice,stating the nature Where preliminary treatment or flow- of the violation, and provide a reasonable time equalizing facilities are provided for any waters for the satisfactory correction thereof. The or wastes, the facilities shall be maintained person or user shall, within the period of time continuously in satisfactory and effective stated in such notice, permanently cease all operation by the user. violations. Sec. 33-20.22 Testing, enaiysrs and measurements. Crl ORDINANCE NO. 93-3599 AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY ENTITLED "UTILITIES" BY REPEALING ARTICLE II, DIVISION 2 ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE" IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW ARTICLE II, DIVISION 2 TO BE CODIFIED AND ENTITLED THE SAME AND CONTAINING CERTAIN DEFINITIONS AND CLARIFICATIONS TO CONFORM TO STATE AND FEDERAL LAW. WHEREAS, the City of Iowa City, Iowa has previously accepted offers of grant-in-aid from the United States Environmental Protection Agency (EPA)for reimbursement of a portion of the costs of planning, designing, and construction of a wastewater treatment works; and WHEREAS, the City is required to have a National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment works; and WHEREAS, all NPDES permit holders must comply with the United States EPA's General Pretreatment Regulations and meet the goals of the National Pretreatment Program; and WHEREAS, an ordinance must be submitted to the Iowa Department of Natural Resources which establishes the City's authority to implement and enforce pretreatment standards and requirements and to regulate industrial users of the Wastewater Treatment Works. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Iowa City, Iowa: SECTION 1. Chapter 33, Article II, Division 2 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Chapter 33, Article II, Division 2 in its entirety and enacting in lieu thereof a new Chapter 33, Article II, Division 2, to be codified and to read as follows: ARTICLE II DIVISION 2 WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE ORDINANCE SUBDIVISION A GENERAL Sec. 33-30.1 Purpose. It is determined and declared to be necessary and conducive to the protection of the public tv Ordinance No. 93-3599 Page 2 health, safety, welfare, and convenience of the City of Iowa City, Iowa to control indirect discharges to the Wastewater Treatment Works. Sec. 33-30.2 Definitions. Definitions set forth in this chapter shall be applicable to this Division. In addition, unless the context specifically indicates otherwise,the meaning of terms used in this ordinance shall be as follows: Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. (United States Code) 1251 et seq. Approval authority shall mean the executive director of the Iowa Department of Natural Resources. Authorized representative of industrial user shall mean: (1) A responsible corporate officer if the industrial user is a corporation. For the purpose of this paragraph, a responsible corporate officer means (a) a president, secretary, treasurer, or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision making functions for the corporation; (b) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively. (3) A duly authorized representative of the individual designated in (1) or (2) above. If (a) the authorization is made in writing by the individual described in (1) or (2) above; and (b) the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates,or having overall responsibility for environmental matters for the company; and (c) the written authorization is submitted to the city. !6 Ordinance No. 93-3599 Page 3 (4) If an authorization under (1), (2) or (3) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of (1), (2) and (3) above must be submitted to the City prior to or together with any reports to be signed by an authorized representative. Biochemical oxygen demand /BOO) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called "house connection." Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. Categorical standard shall mean national categorical pretreatment standard or pretreatment standard. City shall mean the City of Iowa City, Iowa. Control authority shall mean the Director, defined hereinafter. Consistent removal shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment works to a less toxic or harmless state in the effluent which is achieved by the wastewater treatment works in samples taken and measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations (CFR), Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. Cooling water shall mean the water discharged from any use such as air /Ca Ordinance No. 93-3599 Page 4 conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Direct discharge shall mean the discharge of treated or untreated wastewater directly to the waters of the state. Director shall mean the City Manager or authorized designee. Environmental Protection Agency (EPA)shall mean the U.S. Environmental Protection Agency, or where appropriate, the administrator or other duly authorized official of said agency. Grab sample shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. Holding tank waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect discharge shall mean the introduction of pollutants from any nondomestic source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW, including holding tank waste discharged into the system. Industrial user shall mean a source of indirect discharge, as defined herein. Interference shall mean the inhibition or disruption of the POTW treatment processes which are the cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of the violation. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C., 1345), or any criteria, guidelines,or regulations developed pursuant to the Solid Waste Disposal Act (SWDA, 42 U.S.C. 6901 et. seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title II of SWDA) applicable to the method of disposal or use employed by the POTW. May is permissive. (See "shall".) National categorical pretreatment standard or pretreatment standard as included in 40 CFR, Chapter I, Subchapter N, Parts 405-471, shall Ordinance No. 93-3599 Page 5 mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users. National pollution discharge elimination system (NPDES or NPDES permit) shall mean a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5. New source shall mean a facility from which there is, or may be, a discharge of pollutants, construction of which began after the publication of the proposed pretreatment standards pursuant to Section 307(c) of the Clean Water Act (CWA), which will apply to the facility if the standards are promulgated, provided certain location and construction criteria are met. Pass through shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's National Pollutant Discharge Elimination System (NPDES) permit, including an increase in the magnitude or duration of the violation. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture, governmental body or agency, or any combination thereof or any agent representative or fiduciary thereof. pH shall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter or solution. Pollutant shall mean any dredged spoil, solid waste, incinerator residue, sewage, refuse, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, dirt, or industrial, municipal, or agricultural waste discharged into water. Pollution shall mean the human-made or human-induced alteration of the chemical, l� Ordinance No. 93-3599 Page 6 physical, biological, and radiological integrity of water. Pretreatment or treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes or other means, except dilution. Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user. Publicly owned treatment works (POTWI shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plants, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, a POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. Publicly owned treatment works is synonymous with "wastewater treatment works." POTW treatment p/ant or plants shall mean that portion of the POTW designed to provide treatment to wastewater. Process wastewater means any water which during manufacturing or processing comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Severe property damage shall mean substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe lL Ordinance No. 93-3599 Page 7 property damage does not mean economic loss caused by delays in production. Shall is mandatory. (See "may".1 Significant industrial user shall mean any industrial user of the City's wastewater treatment works subject to categorical pretreatment standards under 40 CFR and any other industrial user that: (1) Has a discharge flow of twenty-five thousand (25,000) gallons or more of process wastewater per day, or (2) Has a flow of five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW, or (3) Has in its wastes significant quantities of toxic pollutants, or (4) Is designated as such by the city on the basis that it has a reasonable potential to adversely affect the POTW operation or violate a pretreatment standard or requirement. Significant non-compliance shall mean a violation by an industrial user of one or more of the following criteria (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH). (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its /4, Ordinance No. 93-3599 Page 8 emergency authority to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in this ordinance or an enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report non- compliance; (8) Any other violation or group of violations which the City determines will adversely affect the operation or imp;smentation of its pretreatment program. Standard industrial classification (SIC) shall mean a classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1987. State shall mean the State of Iowa. Storm water shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom. Suspended solids shall mean the total suspended matter that either float on the surface of, or are in suspension in water, wastewater, or other liquids and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act, under other acts mentioned in this division or under Iowa statutes and rules. Upset shall mean an exceptional incident in which there is unintentional and temporary non- compliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. I'(0 Ordinance No. 93-3599 Page 9 User shall mean any person who contributes, causes or permits the contribution of wastewater into the city's POTW. Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water- carried wastes from residences, commercial buildings, industrial plants, and institutions. Waters of the state shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells,springs,reservoirs,aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. Sec. 33-30.3 - 33-30.10 Reserved SUBDIVISION B REGULATION Sec. 33-30.11. Compliance required. Industrial users shall provide necessary wastewater treatment as required to comply with this Division and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Division. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the industrial user's initiation of the changes. Sec. 33-30.12. Pretreatment standards — Generally. (a) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, if the federal standard is more stringent than limitations Ordinance No. 93-3599 Page 10 imposed under this Division for sources in that subcategory, said federal categorical standards shall immediately supersede the limitations imposed under this Division. This also applies to those federal categorical standards promulgated by EPA after adoption of this Ordinance. (b) Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the Approval Authority for modification of specific limits in the federal pretreatment standards. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is obtained. Sec. 33-30.13. Specific pretreatment standards for certain pollutants. (a) An industrial user may not contribute to the POTW any substance which may cause pass-through of any substance or any other product such as residues, sludges, or scums which may cause the POTW effluent to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or with State criteria applicable to the sludge management method being used. (b) No industrial user shall discharge wastewater causing the following limitations to be exceeded at the North POTW treatment plant influent when measured in a twenty-four- hour composite sample: Ordinance No. 93-3599 Page 11 Pollutant Pounds Per Day Aluminum 875.0 Ammonia 1134.0 Arsenic 0.35 Barium 116.75 Beryllium 0.01 Cadmium 0.18 Calcium 875.70 CBOD 14,111 .00 Chromium 9.34 Copper 6.08 Cyanide 3.27 Iron 583.80 Lead 5.84 Magnesium 875.70 Manganese 583.8 Mercury 0.04 Nickel 4.27 ph 6.0 to 9.5 Phenol 26.82 Selenium 5.84 Silver 17.46 Suspended solids 10,975.00 Toluene 26.82 Zinc 17.51 (c) No industrial user shall discharge wastewater causing the following limitations to be exceeded at the south POTW treatment plant influent when measured in a twenty-four- hour composite sample: �{p Ordinance No. 93-3599 Page 12 Pollutant Pounds Per Day Aluminum 412.83 Ammonia 500.00 Arsenic 0.17 Barium 55.04 Beryllium 0 Cadmium 0.08 Calcium 412.83 CBOD 10,008.00 Chromium 4.40 Copper 4.89 Cyanide 1.61 Iron 275.22 • Lead 2.75 Magnesium 412.83 Manganese 275.22 Mercury 0.02 Nickel 2.75 ph 6.0 to 9.5 Phenol 13.21 Selenium 2.75 Silver 8.60 Suspended solids 9,174.00 Toluene 13.21 Zinc 8.26 (d) If the potable water supply exceeds the established pollutant limitations of (b) or (c) above, industrial user discharge limitations shall be based on POTW performance and sludge disposal criteria. (e) No industrial user shall discharge wastewater having a pH lower than 6.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to POTW structures, equipment or personnel. (f) No industrial user shall discharge any wastewater causing the POTW treatment plant influent wastewater temperature to exceed forty (40) degrees centigrade (104 degrees fahrenheit). (g) No industrial user shall discharge substances which create a fire or explosive hazard in the POTW including, but not limited to, waste streams with a flashpoint of less than sixty (60) degrees centigrade (140 degrees fahrenheit) using the test methods specified in 40 CFR 261.21. (h) An industrial user shall notify in writing the POTW, the State, and EPA of any discharge into the POTW of a substance which, rl� Ordinance No. 93-3599 Page 13 if otherwise disposed of would be considered hazardous waste. Sec. 33-30.14 Applicability of more stringent requirements. (a) State requirements and limitations on discharges shall apply in any case where more stringent than federal requirements and limitations, or more stringent than those in this Division. (b) The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Division. (c) Federal requirements and limitations promulgated after the adoption of this Division shall apply in any case where they are more stringent than this Division. Sec. 33-30.15 Application by specific industrial users for acceptance of discharge and connection . (a) No significant industrial user shall connect to or contribute to the POTW after one hundred eighty (180) calendar days following the effective date of this Division unless the industrial user's discharge has been specifically accepted and a permit issued by the Director. (b) Industrial users seeking acceptance of their discharges shall complete and file with the City an application for acceptance'in the form prescribed by the City. Proposed new significant industrial users shall request acceptance at least ninety (90) calendar days prior to connecting to or contributing to the POTW. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information. (1) Name, address, and location (if different from the address); (2) SIC number according to the "Standard Industrial Classification Manual," Bureau of the Budget, 1987, as amended. (3) Wastewater constituents and characteristics including, but not limited to, BOD, suspended solids, those mentioned in sections 33-30.12 through 33-30.14 and any other pollutant which would inhibit plant performance, affect low rate sludge quality or affect water quality standards as determined by Ib Ordinance No. 93-3599 Page 14 a reliable analytical laboratory, together with any pollutant or discharge which would be considered a hazardous waste if disposed of differently. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; (4) Time and duration of contribution; (5) Average daily, maximum daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations, if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show sewers, sewer connections, and appurtenances, in sufficient detail and as requested by the Director; (7) Description of activities, facilities, laboratories and plant processes on the premises including all significant materials which are or could be discharged; (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards; (9) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer,completing preliminary plans, completing final plans, executing • contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Not later than fourteen (14) calendar I(o Ordinance No. 93-3599 Page 15 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the established schedule. In no event shall more than nine (9) months elapse between progress reports to the Director. (10) Data furnished by the industrial user must be certified in accordance with federally required certification and signatory provisions contained in 40 CFR 403.6(a)(2)(ii) and 40 CFR 403.12(l). The City will evaluate the data furnished by the industrial user, and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a permit, not to exceed three (3) years, accepting and limiting the industrial wastewater discharge. Industrial users shall report in advance of significant changes in operations,wastewater constituents and characteristics to the City. (c) All provisions of this Division shall be expressly subject to all other applicable regulations, user charges and fees established by the City. (d) The terms and conditions of discharge limitations in the permits may be subject to modification by the City when limitations or requirements identified in Sections 33-30.12 through 33-30.14 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its specific limitations at least thirty (30) calendar days prior to the effective date of change. Any changes or new conditions in the specific limitations shall include a reasonable time schedule for compliance. (e) Industrial user discharge limitations shall be assigned to a specific industrial user for a specific operation. A specific limitation shall not be reassigned, transferred or sold to a new owner, new industrial user, different premise, or a new or changed operation without the written approval of the City. Any succeeding owner or industrial user shall also comply with ('I Ordinance No. 93-3599 Page 16 the terms and conditions of the existing specific limitations. (f) Permits to industrial users shall contain, at a minimum, the following conditions: (1) A statement of duration. (2) A statement of non-transferability. (3) Applicable Federal, State and local effluent limitations. (4) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. (5) A statement of the applicable civil and criminal penalties for violation of the permit. Sec. 33-30.16. Information required when standards are promulgated;compliance reports. (a) Within one hundred eighty (180) calendar days after the promulgation of an applicable national categorical pretreatment standard, industrial users subject to national categorical pretreatment standards shall submit to the Director the information required by paragraphs (1) through (10) of subsection (b) of Section 33-30.15, together with a list of all environmental control permits held by the industrial user's facility. (b)Within ninety(90) calendar days following the date for final compliance with applicable pretreatment standards, any industrial user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, together with the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial users into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional, as required by paragraph ten (10) of subsection (b) of Section 33-30.15. Ordinance No. 93-3599 Page 17 (c) Each significant noncategorical industrial user and any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of measured daily flows during the reporting period. The report shall be signed and certified by a qualified professional and an authorized representative as required by paragraph ten (10) of subsection (b) of Section 33-30.15. At the, discretion of the Director and in consideration of factors such as local high or low flow rates, holidays or budget cycles, the Director may agree to alter the months during which the above reports are to be submitted. (d) Information required by Sections 33-30.15 and 33-30.16 and records of monitoring activities and results must be retained by the industrial user for a minimum of three (3) years, or longer in the case of unresolved litigation or when requested by the Approval Authority. Sec. 33-30.17. Dilution no substitute for treatment. No industrial user shall increase the use of process water, or in any way attempt to dilute discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this Division, with the federal categorical pretreatment standards, or with any other pollutant-specific limitation developed by the City or state except where expressly authorized to do so by an applicable standard or limitation. Sec. 33-30.18. Mass limitations. (a) The Director may revise a permit to impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the' report required by Section 33-30.16(b) shall I(o Ordinance No. 93-3599 Page 18 indicate the mass of pollutants in the effluent of the industrial user regulated by pretreatment standards. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or the production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards. Monitoring, sampling, reporting, notification, and recordkeeping shall be as prescribed in the applicable pretreatment standard. (b) All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Sec. 33-30.19. Manholes and sampling equipment. When required by the Director, an industrial user shall install a suitable control manhole together with such necessary meters, samplers and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the flows. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the user at its expense, and shall be maintained by the user in such a manner as to be safe and accessible at all times. Costs incurred by the City for sampling, data recovery and analysis shall be assessed to the industrial user. Sec. 33-30.20. Accidental discharges. (a) Each industrial user shall provide protection from accidental discharge of hazardous quantities of pollutants, prohibited materials or other substances regulated by this Division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner and/or industrial user's own cost and expense. Detailed plans showing appropriate disposal facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City Ordinance No. 93-3599 Page 19 before construction of the facility. All existing industrial users shall complete such a plan within three hundred sixty-five (365) calendar days following the effective date of this Division. No industrial user who commences contribution to the POTW after the effective date of this Division shall be permitted to introduce pollutants into the POTW system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility, as necessary, to meet the requirements of this Division. (b) In the case of an accidental discharge, including slug discharges, the industrial user shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. A written notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the person or office and phone number to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure. Within five (5) calendar days following an accidental discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Division or other applicable law. Sec. 33-30.21. Upset provision. (a) An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of /CO Ordinance No. 93-3599 Page 20 preventive maintenance, or careless or improper operation. (b) Effect of an Upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c) are met. (c) Conditions Necessary for a Demonstration of Upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that: (1) An upset occurred and the industrial user can identify the cause of the upset. (2) The facility was at the time being operated in a prudent and workerlike manner and in compliance with applicable operation and maintenance procedures. (3) The industrial user has submitted the following information to the City within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days): (I) A description of the indirect discharge and cause of noncompliance. (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue. (iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (d) Burden of Proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. (e) Reviewability of EPA Consideration of Claims of Upset. In the usual exercise of prosecutorial discretion, EPA enforcement personnel should review any claims that noncompliance was caused by an upset. No determinations made in the course of the review constitute final EPA action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. Ordinance No. 93-3599 Page 21 (f) User Responsibility in Case of Upset. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies to the situation when, among other things, the primary source of power of the treatment facility is reduced, lost or fails. Sec. 33-30.22. Bypass. (a) Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if the bypass also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (b) and (c) of this section. (b) Notice. (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior • notice to the City, if possible, at least ten calendar days before the date of the bypass. (2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the City within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five calendar days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The City may waive the written report on a case- by-case basis if the oral report has been received within 24 hours. (c) Prohibition of Bypass. (1) Bypass is prohibited and the City may take enforcement action against an industrial user for a bypass unless: Ordinance No. 9 3-3 599 Page 22 (i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage. (ii) There was no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance. (iii) The industrial user submitted notices as required under paragraph (b) of this section. (2) The city may approve an anticipated bypass after considering its adverse effects if the City determines that the bypass will meet the three conditions listed in paragraph (c)(1) of this section. Sec. 33-30.23. Records; confidentiality. (a) All records relating to compliance with pretreatment standards shall be made available for inspection and copying by the POTW or officials of the EPA or Approval Authority, upon request. (b) Information and data concerning an industrial user which is obtained from inspections, reports, questionnaires, applications for permits,permits and monitoring programs shall be available to the public or other governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate, to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. When requested by the person or user furnishing a report, the portions of a report which might disclose trade secrets or secret processes ("protected portions") shall not be made available for inspection by the public, but shall be made available to governmental agencies for uses related to this Division, and to the national pollutant discharge elimination system permit, state disposal system permit and/or pretreatment programs. Protected portions of a report shall also be available for use by the 16' Ordinance No. 93-3599 Page 23 state or any state agency in judicial review or enforcement proceedings involving the person or user furnishing the report. Furthermore, the EPA shall have immediate and unlimited access to all information collected by the City under its pretreatment program. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to the general public by the City until and unless a ten-day written notice is given to the industrial user. Sec. 33-30.24. Director's right of entry for inspection, testing, and repair. (a) The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties: (1) For the purpose of, but not limited to, inspection, observation, measurement, sampling, testing, repair, and maintenance in accordance with the provisions of this Division. (2)To carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplies by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under 40 CFR 403.12(m) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under Section 308 of the Act. (b) While performing the necessary work on private properties referred to in (a), the Director or duly authorized employees of the City shall comply with all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the City employees. The City shall also indemnify the owner against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the owner as a result of the City's gauging and sampling Ordinance No. 93-3599 Page 24 operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions. Sec. 33-30.25. Enforcement. (a) After written notification to an offending owner or industrial user, the City may suspend the wastewater treatment service and/or repeal a permit when such suspension or repeal is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, to the POTW, causes interference to the POTW or causes the City to violate any condition of its NPDES permit. Said notification shall be in writing and delivered in person to the industrial user, shall include an order to cease and desist, and shall briefly describe the noncomplying discharge or threatened discharge. Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the City's suspension order, the City shall take such steps as it deems necessary to protect the citizenry, including immediate severance of the building sewer connection, in order to prevent or minimize damage to the POTW system or endangerment to the public. The City shall reinstate the wastewater treatment service only upon proof, satisfactory to the City, of the elimination of the noncomplying discharge. A detailed written statement submitted by the industrial user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) calendar days of the date of occurrence. (b) In addition to the provisions in subsection (a) herein, any industrial user who after written notice and failure or refusal to cure the defect or offending activities within the cure period, continues to violate the following conditions of this Division, or of any applicable state and federal regulations, is subject to having its wastewater treatment service revoked by the City for the following; /,a Ordinance No. 93-3599 Page 25 (1) Failure of an industrial user to accurately report the wastewater constituents and characteristics of its discharge; (2) Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring. (4) Failure of an industrial user to provide prior notification of any new or increased discharge; or (5) Violation of conditions of this Division. (c) Any person who shall continue any violation beyond the time limit provided for in subsection (b) above may, upon conviction of an environmental infraction, be fined an amount of at least one thousand dollars ($1,000.00) per day per violation, when appropriate. (d) In addition to (a), (b) and (c) above, the City shall have the authority, as granted by the state, to obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement. The City may seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. Industrial users who violate pretreatment standards and requirements may be assessed civil or criminal penalties in the amount of at least one thousand dollars ($1,000.00) per day per violation upon conviction of an environmental infraction. (e) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Division, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Division shall be guilty of a simple misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) or thirty (30) days in jail for each violation. Sec. 33-30.26. Public notification. The City shall provide annual public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, Ordinance No. 93-3599 Page 26 during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful portions and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after'its final passage and publication as required by law. Passed and approved this 23rd day of N.vember, 1993. IJL .i'%� AYOR a' ATTEST: 7e eedai CITY CLERK Apy.ved .y 013 ity Attorney's Office /a, pw.dminlwwtind.ord • (1, It was moved by McDonald and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Throgmorton X Courtney X Horowitz x Kubby X McDonald x Novick X Pigott First Consideration 10/12/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick,Pigott. NAYS: None. ABSENT: Ambrisco. Second Consideration 10/26/93 Vote for passage:AYES: Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco, Courtney. NAYS: None. ABSENT: None. Date published 12/1/93 f'ii^Ir ftryN�•�1 • • 2 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3599 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23r4 day of November , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of January , 19 94 2/(00/n Waki-* Susan Walsh Deputy City Clerk \walsh.ert CIVIC CENTER • 410 E. WASHINGTON ST. g"* PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 • /n WHEREAS,an ordinance must be submitted to the Iowa Department of Natural Resources / which establishes the City's authority to implement and enforce pretreatment standards and requirements and to regulate industrial users of the Wastewater Treatment Works. NOW,THEREFORE, BE IT ORDAINED by the yr City Council of the City of Iowa City, Iowa: Printer's fee $ 332 SECTION 1. Chapter 33,Article II, Division 2 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing CERTIFICATE OF PUBLICATION Chapter 33,Article II, Division 2 in its entirety STATE OF IOWA,Johnson County, ss: and enacting in lieu thereof a new Chapter 33,, Article II,Division 2,to be codified and to read THE IOWA CITY PRESS-CITIZEN as follows: FED.ID#42-0330670 ARTICLE II DIVISION 2 WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE ORDINANCE SUBDIVISION A Margaret Rios, being duly sworn, GENERAL Sec.33-30.1 Purpose. say that I ant the legal clerk of It is determined and declared to be necessary and conducive to the protection of the public the IOWA CITY PRESS-CITIZEN, health,safety,welfare,and convenience of the a newspaper published in said City of Iowa City, Iowa to control indirect county, and that a notice, a discharges to the Wastewater Treatment Works. Sec.33-30.2 Definitions. printed copy of which is hereto Definitions set forth in this chapter shall be attached, was published in said applicable to this Division. on the In addition, unless the context specifically paper ___L____. tim e(S), indicates otherwise,the meaning of terms used following date(s): in this ordinance shall be as follows: Act or the Act shall mean the Federal Water 99,3 Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. (United States Code) 1251 et seq. Approval authority shall mean the executive director of the Iowa Department of Natural Resources. Authorized representative of industrial user h!'„ p`-`^ +11 L/ shall mean: Legal Clerk (1) A responsible corporate officer if the industrial user is a corporation. For the purpose of this paragraph, a responsible corporate officer means (a) a president, secretary, Subscribed and sworn to before me treasurer, or vice-president of the corporation d/Vl A.D. in charge of a principle business function, or this day of t any other person who performs similar policy or decision making functions for the corporation; I9 7S. (b)the manager of one or more manufacturing, 7 production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million(in second-quarter 1980 dollars), if authority to Notary Public sign documents has been assigned or delegated -•• •••ki to the manager in accordance with corporate procedures. SHARON STUBBS (2) A generalpartner or proprietor if the l industrial user is a partnership or sole proprietorship respectively. 131 A duly authorized representative of the individual designated in(1) or(2)above. If(a) the authorization is made in writing by the individual described in(1)or(2)above;and(b) OFFICIAL PUBLICATION the authorization specifies either an individual or a position having responsibility for the ORDINANCE NO. 93-3599 overall operation of the facility from which the industrial discharge originates,or having overall AN ORDINANCE AMENDING CHAPTER 33 OF responsibility for environmental matters for the THE CODE OF ORDINANCES OF THE CITY OF company; and (c) the written authorization is IOWA CITY ENTITLED "UTILITIES" BY submitted to the city. REPEALING ARTICLE II,DIVISION 2 ENTITLED (41 If an authorization under (1), (2) or (31 "WASTEWATER TREATMENT WORKS above is no longer accurate because a different INDIRECT DISCHARGE"IN ITS ENTIRETY AND individual or position has responsibility for the ENACTING IN LIEU THEREOF A NEW ARTICLE overall operation of the facility, or overall II,DIVISION 2 TO BE CODIFIED AND ENTITLED responsibility for environmental matters for the THE SAME AND CONTAINING CERTAIN company, a new authorization satisfying DEFINITIONS AND CLARIFICATIONS TO the CONFORM TO STATE AND FEDERAL LAW, requirements of(11, (21 and 13)above must be WHEREAS, the City of Iowa City, Iowa has submitted to the City prior to or together with any reports to be signed by an authorized previously accepted offers of grant-in-aid from the United States Environmental Protection representative. BioAgency IEPAI for reimbursement of a portion of anchemical oxygen demand /zed shall the costs of planning, designing, and mean the quantity of oxygen utilized in the construction of a wastewater treatment works; biochemical oxidation of organic matter under standard laboratory procedures in five(5)days and at twenty (201 degrees centigrade, expressed WHEREAS, the City is required to have a National Pollutant Discharge Elimination System in milligrams per liter. Building drain shall mean that part of the INPDES) permit to operate its wastewater lowest horizontal piping of a drainage system treatment works; and which receives the discharge from soil, waste WHEREAS, all NPDES permit holders must and other drainage pipes inside the walls of the comply with the United States EPA's General Pretreatment Regulations and meet the goals of Turn to next page the National Pretreatment Program; and p g /1 (el Federal requirements and limitations P User shall mean any person who contributes, OFFICIAL PUBLICATION promulgated after the adoption of this Division causes or permits the contribution of shall apply in any case where they are more wastewater into the citys POTW. stringent than this Division. Wastewater shall mean the spent water of a Arsenic 0,35 Sec. 33-30.15 Applipetlgn by specific community. From the standpoint of source,it Barium 116.75 Industrial users for acceptance M discharge and may be a combination of the liquid and water- Beryllium 0.01 connection! carried wastes from residences, commercial Cadmium 0.18 (a)No significant industrial user rod connect buildings,industrial plants,and institutions. Calcium 875.70 to or contribute to the POTW after ora4hundred Waters of the state shall mean all streams. CBOD 14.111.00 eighty 1180) calendar days following the lakes, ponds, marshes, watercourses, Chromium 9.34 effective date of this Division unless the waterways,wells,springs.reservoirs,aquifers, Copper 6.08 industrial user's discharge has been specifically irrigation systems, drainage systems and all Cyanide 3.27 accepted and a permit issued by the Director. other bodies or accumulations of water,surface Iron 583.80 1b) Industrial users seeking acceptance of or underground, natural or artificial, public or Lead 5.84 their discharges shall complete and fila with the private, which are contained within, flow Magnesium 875.70 City an application for acceptance in the form through, or border upon the state or any I Manganese 583.8 prescribed by the City. Proposed new portion thereof. Mercury 0.04 significant industrial users shall request Sec.33-30.3•33.30.10 Reserved Nickel 4.27 acceptance at least ninety 190) calendar days i SUBDIVISION B ph 6.0 to 9.5 prior to connecting to or contributing to the REGULATION Phenol 26.82 POTW. In support of the application.,,the Sec.33-30.11.Compliance required. Selenium 5.84 in ustrial user shall submit,in units and Wms Industrial users shall provide necessary Silver 17.46 a propriate for evaluation, the following wastewater treatment as required to comply Suspended solids 10,975.00 i formation. with this Division and shall achieve compliance Toluene 28.82 111 Name,address,and location(if different with all federal categorical pretreatment Zinc 17.51 f om the address); standards within the time limitations as lc) No industrial user shall discharge (2) SIC number according to the 'Standard specified by the federal pretreatment wastewater causing the following limitations to I dustrial Classification Manual,'Bureau of the regulations. Any facilities required to pretreat be exceeded at the south POTW treatment udget, 1987,as amended. wastewater to a level acceptable to the City plant influent when measured in a twenty-four- (3) Wastewater constituents and shall be provided,operated,and maintained at hour composite sample: haracteristics including, but not limited to. the industrial user's expense. Detailed plans Pollutant Pounds Per Day OD, suspended solids, those mentioned in showing the pretreatment facilities and Aluminum 412.83 actions 33-30.12 through 33-30.14 and any operating procedures shall be submitted to the Ammonia 500.00 ther pollutant which would inhibit plant City for review,and shall be acceptable to the Arsenic 0.17 erformance, affect low rate sludge quality or City before construction of the facility. The Barium 55.04 (fact water quality standards as determined by I review of such plans and operating procedures Beryllium 0 reliable analytical laboratory, together with will in no way relieve the user from the I Cadmium 0.08 ny pollutant or discharge which would be responsibility of modifying the facility as . Calcium 412.83 onsidered a hazardous waste if disposed of necessary to produce an effluent acceptable to CBOD 10,008.00 ifferentN• Sampling and analysis shall be the City under the provisions of this Division. Chromium 4.40 performed in accordance with procedures Any subsequent changes in the pretreatment Copper 4.89 established by the EPA pursuant to Section facilities or method of operation shall be Cyanide 1.61 3041g) of the Act and contained in 40 CFR, reported to and be acceptable to the City prior Iron 275.22 Part 138, as amended; to the Industrial user's initiation of the changes. Lead 2.75 (41 Time and duration of contribution; Sec. 33-30.12. Pretreatment standards - Magnesium 412.83 I (51 Average daily, maximum daily and peak Generally. Manganese 275.22 hourly wastewater flow rates, including daily, (al Upon the promulgation of the federal 1 Mercury 0.02 monthly and seasonal variations,if any; categorical pretreatment standards for aNickel 2.75 161 Site plans, floor plans, mechanical and particular Industrial subcategory,if the federal I ph 6.0 to 9.5 plumbing plans and details to show sewers, standard is more stringent than limitations Phenol 13.21 sewer connections, and appurtenances, in imposed under this Division for sources in that Selenium 2.75 sufficient detail and as requested by the subcategory,said federal categorical standards: Silver 8.60 Director; shall immediately supersede the limitation, Suspended solids 9,174.0017) Description of activities,a$cilities, imposed under this Division. This also applies Toluene 13.21 laboratories and plant processeeq the to those federal categorical standards Zinc 8.26 premises including all significant abateriala promulgated by EPA after adoption of this Id) If the potable water supply exceeds the which are or could be discharged; g OU Ordinance, established pollutant limitations of lb) or (c) (el Where known, the naj J and (b)Where the City's wastewater treatment above,industrial user discharge limitations shall concentration of any pollutants in the icherge system achieves consistent removal of be based on POTW performance and sludge which are limited by any city.stats, of federal pollutants limited by federal pretreatment disposal criteria, pretreatment standards, and a statement standards,the City may apply to the Approval (e) No industrial user shall discharge regarding whether or not the pretreatment Authority for modification of specific limits In wastewater having a pH lower than 6.0 or standards are being met on a consistent basis the federal pretreatment standards. The City greater than 9.5 or having any other corrosive and if not, whether additional operation and may then modify pollutant discharge limits in property capable of causing damage or hazard maintenance andtor additional pretreatment Is the federal pretreatment standards if the to POTW structures,equipment or personnel. required for the industrial user to meet requirements contained in 40 CFR Part 403, (fl No industrial user shall discharge any applicablepretreatment standards; Section 403.7 are fulfilled and prior approval wastewater causing the POTW treatment plant (9)1f additional pretreatment and/or operation from the Approval Authority is obtained. influent wastewater temperature to exceed and maintenance will be required to meet the Sec. 33-30.13. Specificpretreatment forty 1401 degrees centigrade (104 degrees pretreatment standards,the shortest schedule standards for certain pollutants. fahrenheit). by which the industrial user will provide such lel An industrial user may not contribute to (g1 No industrial user shall discharge additional pretreatment. The completion date the POTW any substance which may cause substances which create a fire or explosive in this schedule shall not be later than the pass-through of any substance or any other hazard in the POTW Including, but not limited compliance date established. The schedule product such as residues, sludges, or scums to,waste streams with a flashpoint of less than shall contain increments of progress in the form which may cause the POTW effluent to be sixty 160) degrees centigrade 1140 degrees of dates for the commencement and unsuitable for reclamation and reuse, or to fahrenheit)using the test methods specified In completion of major events leading to the Interfere with the reclamation process. In no 40 CFR 261.21. construction and operation of additional case shall a substance discharged to the POTW ; Ih) An industrial user shall notify in writing pretreatment required for the industrial user to cause the POTW to be in noncompliance with the POTW, the State, and EPA of any meet the applicable pretreatment standards sludge use or disposal criteria, guidelines or discharge into the POTW of a substance which, (e.g.,hiring an engineer,completing preliminary regulations developed under Section 405 of the if otherwise disposed of would be considered plans, completing final plans, executing Act,with any criteria,guidelines,or regulations hazardous waste. contract for major components. commencing affecting sludge use or disposal developed Sec.33-30.14 ApplicabIity of more stringent construction, completing construction). No pursuant to the Solid Waste Disposal Act,the requirements. increment of progress shall exceed nine 191 Clean Air Act, the Toxic Substances Control (a) State requirements and limitations on months. Not later than fourteen(14)calendar Act, or with State criteria applicable to the discharges shall apply in any case where more days following each date in the schedula9nd sludge management method being used, stringent than federal requirements and the final date for compliance,the industrial user (b) No industrial user shall discharge limitations,or more stringent than those in this shall submit a progress report to the Director wastewater causing the fallowing limitations toI WIncluding, as • minimum, whether or not h be exceeded at the North POTtreatment Division lb)The City reservesthe right to establish by I complied with the Increment of progress to be plant influent when measured in a twenty-four- ordinance more stringent limitations orf met on such date and, R not, the date or hour composite sample: requirements on discharges to the wastewater I which it expects to comply with this incremen Poll tent ponds Per Day disposal system if deemed necessary to comply of progress,the reason for delay,and the stepr Aluminum 675.0 with the objectives of this Division. being taken by the industrial user to slum the Ammonia •4134.0 construction to the established schedule. In m event shall more than nine (9) months elapse NadmrM DRO. 93-.3599 0( (.0 -- I Prohibitive dischargetands shell mo n OFFICIAL PUBLICATION OFFICIAL PUBLICATION regulation d. y vabpee under the FP, of Section 3071b1 of the Act and 40 CFR,Section pretreatment standards under 40 CFR and any From previous page 403.5. other Industrial user that: New source shall mean a facility from which Mere Is,or maybe, a dischargeIll Has a discharge flow of twenty-five ng and conveys it to the building sewer, of athe thousand 125,000)gallons or more of process beginningcfive 15)feet(1.5 meters)outside the unsof which began after the Inner face of the building wall. publication of the proposed pretreatment wastewater per day,or BW/ding sewer shall mean the extension from standards pursuant to Section 307(cl of the (2)Has a flow of five 151 percent or more of Clean Water Act (CWA), which will apply to the average dry weather hydraulic of organic the building drain to the public sewer or other capacity of the POTW,or place of disposal, also called 'house the facility if the standards are promulgated, provided certain location and construction 13)Has in its wastes significant quantities of connection.' toxic pollutants,or Bypass shall mean the intentional diversion of criteria are met. 141 Is designated as such by the city on the [reams from any portion of an industrial Pass through shall mean a discharge which exits the POTW into waters of the United user's basis that it has a reasonable potential to user's treatment facility. States in quantities or concentrations which, adversely affect the POTW operation or violate Categorical standard shall mean national a pretreatment standard or requirement. categorical pretreatment standard or alone or in conjunction with a discharge or discharges from other sources,Is a cause of a Significant noncompliance shall mean a pretreatment standard. violation of anyrequirement of the POTW's violation by en Industrial user of one or more of City shall mean the City of Iowa City, Iowa. q the following criteria Control authorityinaftshall mean the Director, National Pollutant Discharge Elimination I (NPDESI permit, includingan increase in the (1I Chronic violations of -hya[swrter defined hereinafter. magnitude or duration of he violation. discharge limits,defined here as Westin which Consistent removal shall mean reduction in sixty-six percent or more °NAM of the the amount of a pollutant or alteration of the Parson shall include individual persons,user, measurements taken during a sfwrMnel period nature of the pollutant by the wastewater responsible party, entity, business, firm, corporation,association, partnership, exceed(by arty magnitude)the Wally maximum treatment works to a less toxic or harmless agcy, venture, limit or the average limit for the same pollutant state in the effluent which Is achieved by the governmental body or agency, or any wastewater treatment works N samples taken combination thereof or any agent parameter; and measured according to the procedures set representative or fiduciary thereof. 12) Technical Review Criteria (TRC) forth in Section 403.7(c112) of lige 40 of the pH shall mean the logarithm of the reciprocal violations, defined here as those in which of the hydrogen p thirty-three percent or more of all of the Code of Federal Regulations ICFRI, Part 403, Y oprn ion concentration expressed in measurements for eachpollutant 'General Pretreatment Regulations for Existing grams per liter shall solution. parameteral Pollutant mean anytaken during a six-month period equal or and New Sources of Pollution' promulgatedu dredged spore solid exceed the product of the daily maximum limit pursuant to the Act. waste, incinerator residue, sewage, refuse, or the average limit multiplied by the applicable Cooling water shall mean the water sewage sludge, munitions, chemical wastes, TRC (TRC=1.4 for BOD. TSS, fats, oil, and discharged from any use such as air biological materials,radioactive materials,heat, cotioninp, cooling or refrigeration, or to wrecked or discharged equipment,rock,sand, grease,and 1.2 for all other pollutants except which the only pollutant added is heat. dirt, or industrial, municipal, or agricultural PHI. waste discharged into water. (3) Any other violation of a pretreatment Direct discharge shall mean the discharge of g effluent limit (daily maximum or longer-term treated or untreated wastewater directly to the Pollution shall mean the human-made or average)that the City determines has caused, waters of the state. human-induced alteration of the chemical, p alone or in combination with other discharges, Director shall mean the City Manager or physical.biolo biological,and radiological integrity of interference or pass through )including authorized designee. water• endangering the health of POTW personnel or Environmental ProtectionAgency(EPA)shall Pretreatment or treatment shall mean the mean the U.S. Environmental Protection reduction of the amount of pollutants, the the general discharger: Agency, or where appropriate, the elimination of pollutants, the alteration of the 141 Any of a pollutant that has caused imminent endangerment to human administrator or other duly authorized official of nature of pollutants, or the alteration of the health, welfare or to the environment or has said agency. nature of pollutant properties in wastewater to Grab sample shall mean a sample which Is a less harmful state prior to or in lieu of resulted in the POTW's exercise of its discharging or otherwise introducingemergency authority to halt or prevent such a taken from a waste stream on a one-time basis g g such with no regard to the flow in the waste stream pollutants into a POTW. The reduction or discharge; and without consideration of time. alteration can be obtained by physical, (51 Failure to meet,within 90 days after the Holding tank waste shall mean any waste chemical, or biological processes, process schedule date, a compliance schedule from holding tanks such as vessels, chemical changes or other means, except dilution. milestone contained In this ordinance or an Pretreatment r uirements shall mean any enforcement order for starting construction, toilets, campers, trailers, septic tanks, and completing construction, or attaining final vacuum-pump tank trucks. substantive or procedural requirement related to pretreatment, compliance; Indirectllutntsc from shall mean othe tirintroductionsource other than a national of pollutants from any nondomestic pretreatment standard imposed on an industrial 161 Failure, provide,within thirty days after user, the due date,required reports such as baseline regulated under Section 307(6) or (d of the public/ owned treatment works (POTW) monitoring reports,90-day compliance reports, Y Act 133 U.S.C. 1317), into the POTW, Including holding tank waste discharged into shall mean a treatment works as defined by periodic self-monitoring reports,and reports on the system. Section 212 of the Act 133 U.S.C. 1292) compliance with compliance schedules; Industrial user shall mean a source of indirect which is owned in this Instance by the city. 17) Failure 'to accurately report non- 11 discharge.as defined herein. This definition includes any sewers that convey compliance; Interference shall mean the inhibition or wastewater tothe POTW treatment plants,but 191 Any other violation or group of violations disruption of the POTW treatment processes does not include pipes, sewers or other which the City determines will adversely affect I which are the cause of a violation of any conveyances not connened to a facility the operation or imp.nmenntion of its requirement of the city's NPDES permit, providing treatment. For the purposes of this pretreatment program. including an increase in the magnitude or division,a POTW shall also include any sewers Standard industrial classification (SIC)shall that conveywastewaters to the POTW from means classification pursuant to the'Standard duration of the violation. The term includes Industrial Classification Manual' issued by the prevention of sewage sludge use or disposal by persons outside the city who ere, by contract or agreement with the city, city's Executive Office of the President. Office of the POTW in accordance with Section 405 of users of the c' the Act ,o U.S.C., sdeve or any criteria, mean POTW. Publicly owned treatment works is Management and the St 1987. guidelines,or regulations developed pursuant to synonymous with 'wastewater treatment State maltrshltman[eyilowa. the Solid Waste Disposal Act (SWDA, 42 Warks.' Storm water shall mean any flaw occurring during or following any form of naturalU.S.C. 6901 et. seq.),the Clean Air Act, the POTW treatment plant or plants shall mean thatportion of the POTW designedprecipitation and resulting therefrom. Toxic Substances Control Act, or more to provide Suspended solids shall mean the total stringent state criteria (including those treatment to wastewater. contained In any ante sludge management plan Process wastewater means any water which suspended matter that either float on the surface of, or are in suspension in water, prepared pursuant to Title II of SWDAI duringcontact manufacturingior processing comes into wastewater. or other liquids and which are applicable to the method of disposal or use direct contact with or results from the removable by laboratory filtering as prescribed employed by the POTW. production or use of any raw material, they is permissive. (See'shall'.! intermediate product, finished product, in 'Standard Methods for the Examination of National categorical pretreatment standard or byproduct,or waste,product. Water and Wastewater' and referred to as Severe property damage shall mean nonfilterable residue. pretreatment standard as included in 40 CFR, substantial physical damage to pro Toxic pollutant shall mean any pollutant or Chapter I.Subchapter N.Parts 405-471,shallproperty, combination of pollutants listed as toxic In damage to the treatment facilities which regulations promulgated by the administrator of mean any regulation containing pollutant causes them to become inoperable, or discharge limits promulgated by the EPA in substantial andthe En onmental Protection Agency under the accordance with Section 307(b)and(a)of the permanent loss of natural resources which can reasonably be expected to provisions of Section 3071a1 of the Act, under Act 133 U.S.C. 1317) which applies to a other acts mentioned in this division or under specific category of Industrial users, occur in the absence of a bypass. Severe 9 rYlows statutes and holes. National pollution discharge elimination property damage does not mean economic loss Wyatt shed mean an exceptional incident In system INPDES or NPDES permit)shall mean a caused by delays in production. which there is unintentional and temporary non - Shall issued pursuant to Section 402 of the She!I is mandatory. (See'may'.) pretreatment compliancedswith categoricalfacr Act(33 U.S.C. 1342). Significant ru industrial user shall mean any standards because of factors beyond the industrial user of the City's wastewater reasonable control of the industrial user. treatment works subject to categorical OW p3 -35u1 (0 OFFICIAL PUBLICATION lc)Each significant noncategorical industrial Sec.33-30.20. Accidental shall gee. 9 (al Each Industrial user shprovide user and any industrial user subject to a protection from accidental discharge of between progress reports to the Director. pretreatment standard, after the compliance hazardous quantities of pollutants, p date of such pretreatment standard or in the materials or other substances regulated by thus (101 Data furnished by the industrial user case of a new source,after commencement of Division. Facilities to prevent accidental must be certified in accordance with federally required certification and signatory provisional the discharge into the POTW, shall submit a discharge of prohibited materials. shall be I contained in 40 CFR 403.61a112)liil and 40 CFR the Director during the months of June and provided and maintained at the owner and/or 403.12111. The City will evaluate the data December, unless required more frequently In industrial user's own cost and expense. furnished by the industrial user, end may the pretreatment standard or by the Director,a Detailed plans showing appropriate disposal require additional information. After evaluation report indicating the nature and concentration facilities and operating procedures to provide and acceptance of the data furnished, the of pollutants in the effluent which are limited this protection shall be submitted to the City Director may issue a permit, not to exceed by such pretreatment standards. In addition,� for review, and shall be approved by the City three 13) years, accepting and limiting the this report shall include a record of measured industrial wastewater discharge. Industrial daily flows during the reporting period. The OFFICIAL PUBLICATION I users shall report in advance of significant report shall be signed and certified by a es ino operations,wastewater constituents qualified professional and an authorized I changes p representative as required bybefore ial us construction of thefacility. All existing and characteristics to the City. p q paragraph3-30.15 ten industrial users shall complete such a plan (c) Ailprovisions of this Division shall be 1 (10)of subsection(b)of Section 33-30.15. At within three hundred sixty-five 1385)calendar ex resat to all other applicable the discretion of the Director and in I. expressly subjectpp days following the effective date of this consideration of factorssuch local high or 1 regulations,user charges and fees established as ocaDivision. No Industrial user who commences by the City. low flow rates, holidays or budget cycles, the . contributionf to the POTafter the tted[i to li (dl The terms and conditions of discharge Director may agree to alter the months during 0 date of this Division shall be permitted to i limitations in the permits may be subject to which the above reports are to be submitted. introduce pollutants into the POTW system modification bythe City when limitations or Idl Information required by Sections until oveidby eiCity. e eand procedureshave been 1 requirements identified in Sections 33-30.12 33-30.15 and 33-30.16 and records of approved by the City. Review and approval of through 33-30.14 are modified or otherjust monitoring activities and results must be g such plans du operating proceduresmtheresponsibility shall not cause exists. The industrial user shall be retained by the industrial user for a minimum of� relieve the industrial user from the informed of any proposed changes in its three 131 years. or longer in the case of' to modify the industrial user's facility, as specific limitations at least thirty(30)calendar unresolved litigation or when requested by the necessary, to meet the requirements of this days prior to the effective date of change. Any Approval Authority. Division. changes or new conditions in the specificSec. 33-30.17. Motion no substitute for Ib) In the case of an accidental discharge, ' limitations shall Include a reasonable time treatment. including slug discharges, the industrial user schedule for compliance. No industrial user shall increase the use of shall Immediately telephone and notify the (el Industrial user discharge limitations shall process water,or in any way attempt to dilute• POTW of the incident. The notification shall be assigned to a specific industrial user for a discharge as a partial or complete substitute for' include location of discharge. type of waste, specific operation. A specific limitation shall adequate treatment to achieve compliance with concentration and volume, and corrective not be reassigned,transferred or sold to a new the limitations contained in this Division, with actions. A written notice shall be permanently owner, new industrial user,differentremise, the federal categorical.pretreatment standards, p posted on in tindustriallacvbulletin board or or a new or changed operation without the or with any other pollutant-specific limitation I other prominent place advising employees of written approval of the City. Any succeeding developed by the City or state except where the person or office and phone number to cell owner or industrial user shag also comply with expressly authorized to do so by an applicable in the event of a dangerous discharge. the terms and conditions of the existing standard or limitation. I Employers shall ensure that all employees who Sec.33-30.18. Mass limitations. maycause or suffer such dangerous discharge specific limitations. g (fl Permits to industrial users shall contain,at i lag The Director may revise a permit to to occur are advised of the emergency a minimum, the following conditions: impose mass limitations on industrial users notification procedure. Within five(51 calendar 171 A statement of duration. which are using dilution to meet applicable days following an accidental discharge, the 12)A statement of non-transferability. pretreatment standards or requirements, or in industrial user shall submit to the Director a (31 Applicable Federal, State and local other cases where the imposition of mass detailed written report describing the cause of effluent limitations. limitations are appropriate. In such cases,the the discharge and the measures to be taken by (4) Self-monitoring, sampling, reporting, report required by Section 33-30.16(b) shall the industrial user to prevent similar future notifcation, and recordkeeping requirements. indicate the mass of pollutants in the effluent occurrences. Such notification shall not relieve 151 A statement of the applicable civil and of the industrial user regulated by pretreatment the industrial user of any expense, loss, criminal penalties for violation of the permit. standards. These reports shall contain the damage. or other liability which may be Sec. 33-30.16. Information required when results of sampling and analysis of the incurred as a result of damage to the POTW, standards are promulgated:compliance reports. discharge, including the flow and the nature' fish kills, or any other damage to person or la)Within one hundred eighty(1E10)calendar and concentration,or the production and mass i property;nor shall such notification relieve the days after the promulgation of an applicable where requested by the Director,of pollutants I industrial user of any fines, civil penalties,or national categorical pretreatment standard, contained thereih which are limited by theother liability which may be imposed by this industrial users subject to national categorical applicable pretreatment standards. Monitoring,I Division or other applicable law. pretreatment standards shall submit to the sampling. reporting, notification. and' Sec.33-30.21. Upset provision. Director the information required by paragraphs I recordkeeping shall be as prescribed in the I (al An upset does not include nancumplance 111 through (101 of subsection lb) of Section applicable pretreatment standard. to the extent caused by operational error, 33-30.15, together with a list of all (b) All analyses shall be performed In improperly designed treatment facilities, environmental control permits held by the accordance with procedures established by the inadequate treatment facilities, lack of industrial user's facility. EPA pursuant to Section 3041g)of the Act andpreventive maintenance, or careless or Ib)Within ninety1901 calendar days following contained in 40 CFR, Part 136 and I improper operation. the date far final compliance with applicable amendments thereto, or with any other test (bl Effect of an Upset. An upset shall pretreatment standards, any Industrial user procedures approved by the EPA. Sampling constitute an affirmative defense to an action subject to pretreatment standards and I shall be performed In accordance with the brought for noncompliance with categorical requirements shall submit to the Director a techniques approved by the EPA. pretreatment standards if the requirements of report indicating the nature and concentration Sec. 33-30.19. Manholes and sampling paragraph Icl ere met. of all pollutants in the discharge from the equipment. (el Conditions Necessary for a Demonstration regulated process which are limited by When required by the Director,en industrial of Upset. An industrial user who wishes to pretreatment standards and requirements, user shall Install a suitable control manhole establish the affirmative defense of upset shag together with the average and maximum daily together with such necessary meters,samplers demonstrate, through properly signed, flow for these process units in the industrial and other appurtenances in the building sewer contemporaneous operating logs or other user's facility which are limited by such to facilitate observation, sampling and relevant evidence,that: pretreatment standards or requirements. The measurement of the flows. Such manhole. (1) An upset occurred and the industrial report shall state whether the applicable when required, shall be accessibly and safely user can identify the cause of the upset. pretreatment standards or requirements are located,and shall be constructed In accordance (2) The facility was at the time being being met on a consistent basis and, if not, with plans approved by the Director. The operated In a prudent and workerlike manner what additional operation and maintenance manhole shall be installed by the user at its erd in compliance with applicable operation and/or pretreatment Is necessary to bring the expense,and shall be maintained by the user In and maintenance procedures. industrial users into compliance with the such a manner as to be safe and accessible at (31 The industrial user his submitted the applicable pretreatment standards or 1,all times. Costs incurred by the City for following information to the City within 24 requirements. This statement shall be signed I'sampling, data recovery and analysis shall be hours of becoming aware of the upset(if this by an authorized representative of the industrial assessed to the Industrial user. information Is provided orally, a written user and certified to by a qualified professional, • submission must be provided within five days): as required by paragraph ten(101 of subsection I III A description of the Indirect discharge Ib)of Section 33-30.15. and cause of noncompliance. //n POTW, causes interference to the Isoth or vi ' (til The period of noncompliance, causes the City to violate any condition of its including exact.dates and times or, if not Sec.33-30.23. Records;confidentiality. NPDES permit. Said notification shall be in corrected, the anticipated time the (a) All records relating to compliance with writing and delivered in person to the industrial noneot* ftan<r Is expected to continue. pretreatment standards shall be made available user,shall include an order to cease end desist. for inspection and copying by the POTW or and shall brieflydescribe the liii)Steps being taken and/or planned to officials of the EPA orA grovel Authority. noncomplyingn reduce, eliminate, and prevent recurrence of P ry.upon discharge or threatened discharge. Any person request. notified of a suspension of the wastewater the noncompliance. Ib) Information and data concerning an treatment service shall Immediately stop or Id) Burden of Proof. In any enforcement industrial user which is obtained from I eliminate the contribution. In the event of a proceeding, the industrial user seeking to inspections, reports, questionnaires, failure of the person to comply with establish the occurrence of an upset shall have applications for permits,permits and monitoring the City's suspension order,Me City shall take the burden of proof, lel Renewability of EPA Consideration of programs shall be available to the public or such steps as it deems necessary to Protect Claims of Upset. In the usual exercise of other governmental agency without restriction the citizenry,including immediate severance of prosecutorial discretion, EPA enforcement unless the industrial user specifically requests the building sewer connection, in order to personnel should review any claims that and is able to demonstrate,to the satisfaction prevent or minimize damage to the POTW noncompliance was caused by an upset. Na of the City,that the release of such information system or endangerment to the public. The would divulge information, processes or Citythe wastewater shall reinstate ter treatment determinations made in the course of the methods ofproduction entitled toprotection a5 - review constitute final EPA action subject to service only upon proof, satisfactory to the judicial review. Industrial users will have the trade secrets of the industrial user. When City, of the elimination of the rWnmmplying opportunity for a judicial determination on any requested by the person or user furnishing a discharge. A detailed written statement report, the portions of a report which might submitted by the industrial user describing the claimof upset only in an enforcement action disclose trade secrets or secret processes causes of the harmful contribution and the brought for noncompliance with categorical (protected portions') shall not be made measures taken to prevent any future pretreatment standards, If)User Responsibility in Case of Upset. The occurrence shall be submitted to the City industrial user shall control production of all OFFICIAL PUBLICATION i within fifteen 1151 calendar days of the date of discharges to the extent necessary to maintain occurrence. compliance with categorical pretreatment available for inspection by the public,but shall lb)In addition to the provisions in subsection standards upon reduction,loss,or failure of its be made available to governmental agencies for fel herein.any Industrial user who after written treatment facility until the facility is restored or uses related to this Division,and to the national notice and failure or refusal to cure the defect an alternative method of treatment is provided. pollutant discharge elimination system permit, or offending activities within the curs period, This requirement applies to the situation when, state disposal system permit end/or continues to violate Me,followinp conditions of among other things, the primary source of pretreatment programs. Protected portions of this Division, or of any applicable state and power of the treatment facility is reduced,lost a report shall also be available for use by the federal regulations, is subject to having its or fails. state or any state agency in judicial review or wastewater treatment service revoked by the Sec.33-30.22. Bypass. enforcement proceedings involving the person City for the followinBypass. la) Bypass Not ViolatingApplicable (11 Failure of an industrial user to Yp pp or user have report. Furthermore,mited the Pretreatment Standards or Requirements. An EPA shall have immediate and unlimited access and ch ra report the wastewater constituents user may allow any bypass to occur to all information collected by the City under its and characteristics of its discharge; which does not causepretreatment standards program. Wastewater 12) Failure of the industrial user to report pretreatment or requirements to be violated, but only if the constituents and characteristics will not be slant/leant changes In operations, or I bypass also Is for essential maintenance to I recognized as confidential intormation. wastewater constituents and characteristics; assure efficient operation. These bypasses are Information accepted by the Cityas 13) Refusal of reasonable access to the not subject to the provision of paragraphs Ib) 1 confidential shall not be transmitted to the industrial user's premises for the purpose of and(c)of this section. general public by the City until and unless a inspection or monitoring. Ib)Notice, ten-day written notice is given to the industrial (41 Failure of an industrial user to provide 11)If an industrial user knows in advance user. prior notification of any new or increased of the need for a bypass, it shall submit prior Sec. 33-30.24. Director's right of entry for discharge:or notice to the City, if possible, at least ten Inspection,testing.end repair. 15)Violation of conditions of this Division. calendar days before the date of the bypass. (al The Director and other duly authorized (cl Any person who shall continue any (2) An industrial user shall submit oral employees of the City bearing proper violation beyond the time limit provided for in notice of an unanticipated bypass that exceeds credentials and identification shall be permitted subsection Ib)above may. upon conviction of applicable pretreatment standards to the Cityto enter all properties: an environmental infraction, be fined an within 24 hours from the time the industrial (11 For the purpose of, but not limited to, amount of at least one thousand dollars user becomes aware of the bypass. A written inspection, observation, measurement, (51,000.001 per day per violation, when submission shall also be provided within five sampling, testing, repair, and maintenance in appropriate. calendar days of the time the industrial user accordance with the provisions of this Division. (d) In addition to(al, Ib)and Ic)above, the becomes aware of the bypass. The written (21 To carry out all inspection,surveillance, City shall have the authority,as granted bythe submission shall contain a description of the and monitoring procedures necessary to state,to obtain remedies for noncompliance by bypass and its cause; the duration of the determine,independent of information supplies any Industrial user with any pretreatment bypass,including exact dates and times and,if by industrial users, compliance or standard and requirement. The City may seek the bypass has not been corrected, the noncompliance with applicable pretreatment Injunctive relief for noncompliance by industrial anticipated time it is expected to continue;and standards and requirements by industrial users. users with pretreatment standards and steps taken or planned to reduce, eliminate, Representatives of the POTW shall be requirements. Industrial users who violate and prevent recurrence of the bypass. The authorized to enter any premises of any pretreatment standards and requirements may City may waive the written report on a case- industrial user In which a discharge source or be assessed civil or criminal penalties in the by-case basis if the oral report has been treatment system is located or in which records amount of at least one thousand dollars received within 24 hours. are required to be kept under 40 CFR 191,000.00) per day per violation upon Ic)Prohibition of Bypass. 403.12(m) to assure compliance with conviction of an environmental infraction. (1)Bypass is prohibited and the City may pretreatment standards. Such authority shall • (el Any person who knowingly makes any take enforcement action against an industrial be at least as extensive as the authority false statements,representation or certification user for a bypass unless: provided under Section 308 of the Act. in any application,record,report,plan or other Ii) Bypass was unavoidable to prevent Ib)While performing the necessary work on document filed or required to be maintained loss of life, personal injury or severe Property private properties referred to In(a),the Director pursuant to this Division, or who falsifies, damage. or duly authorized employees of the City shall tampers with,or knowingly renders inaccurate iii)There was no feasible alternative to comply with all safety rules applicable to the any monitoring device or method required the bypass, such as the use of auxiliary premises established by the owner, and the under this Division shall be guilty of a simple treatment facilities, retention of untreated owner shall be held harmless for Injury or death misdemeanor, and on conviction thereof shall wastes,or maintenance during normal periods to the City employees. The City shall also be fined in the amount not exceeding one of equipment downtime. This condition is not indemnify the owner against loss or damage to hundred dollars 10100.00)or thirty 130)days in satisfied if adequate backup equipment should its property by Cityemployees and against jail for each violation. have been installed in the exercise of liability claims and demands for personal injury Sec.33.30.28. Public notification. reasonable engineering judgment to prevent a or property damage asserted against the owner The City shall provide annual public bypass which occurred during normal periods as a result of the City's gauging and sampling notification, in the largest daily newspaper of equipment downtime or preventative operation, except as such may be caused by published in the municipality In which the maintenance, negligence or failure of the owner to maintain POTW is located, of industrial users which, Nil The industrial user submitted notices safe conditions. during the previous twelve (121 months, were as required under paragraph Oil of this section. Sec.33-30.25. Enforcement. in significant noncompliance with applicable (21 The city may approve an anticipated la)After written notification to en offending pretreatment standards or other pretreatment bypass after considering its adverse effects if owner or industrial user,the Citymay suspend requirements. SECTION 2 SEVERABILITY. If the City determines that the will meet the wastewater treatment service and/or repeal any reason the pthe three conditions listed in paragraph Id111 of a permit when such auaPersion Or repeal la declared of al Ordinance are for any this section. necessary, in the opinion,p1,Ilje City, in order decWed ilegel or void, then the lawful to stop an actual or tiveatened discharge which provisions of this Ordinance are deemed presents or may present jh *smitten or aevsrablr lnrh said unlawful portions and shall I substantial endangerment m the' health or remain in ft/Verde Earp and effect, the same as if welfare of persons,to the ens irorvnent,to the the Ordinance Contained no Illegal or void / / provisions. (/J 'd • Y.1- 35y SECTION 3. RFPSTR.ERt All ordinances or parts of-ordinances in conflict with the provisions of this Ordinance are hereby, repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be In full force and effect from and after its final passage and publication as required by law. Passed and approved this 23rd day of N.•...ber, 1993. • MAYOR ATTEST: 22¢ ) ' 7S' ) • CITY CLERK 3342 December 1,1993 //� Ord. K Re,pectjed. >� ora, - .moo ORDINANCE NO. 93-3600 - AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE BLOCK 62 URBAN REVI- TALIZATION AREA. WHEREAS, Iowa Code Chapter 404 per- mits the governing body of a city to designate an area of the city as an urban revitalization area if the area satisfies the criteria set forth in Iowa Code §404.1 (1993); and WHEREAS, the City Council of the City of Iowa City, Iowa has determined that the area within the City legally described below substan- tially meets the criteria of §404.1(3) and (4): Block sixty-two (62), Original Town, Iowa City, Iowa Specifically, the Council has determined that the area contains a predominance of buildings, which by reason of age, history, architecture or significance, should be preserved or restored to productive use and the area is appropriate as an economic development area as defined in Iowa Code §403.17 (1993); and WHEREAS, the City Council has determined that the rehabilitation, conservation redevelop- ment, economic development, or a combination thereof of this area is necessary in the interest of the public health, safety and welfare of the residents of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Pursuant to Iowa Code Chap- ter 404 and in consideration of the recitations set forth above, the area legally described below be and the same is hereby designated as a revitalization area, which shall be known as the Block 62 Urban Revitalization Area: Block sixty-two (62), Original Town, Iowa City, Iowa SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. 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. 17 Ordinance No. 93-3600 Page 2 SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final pas- sage, approval and publication, as provided by law. Passed and approved this 7th day of December, 1993. ;2// MAYOR ATTEST: S//ptiC2u� ` ' mil r/ CITY CL K Approved by City Attorney's Office // -s - .cod.v\cibbldg•ord • /7 It was moved by McDonald and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ASSENT: X Courtney X Horowitz X Kubby X McDonald _ Novick Pigott X Throgmorton First Consideration 11/9/93 Vote for passage: AYES: McDonald, Novick, Pigott, Throgmorton, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 11/23/93 Vote for passage: AYES: Throgmorton, Courtney, Horowitz, McDonald, Novick, Pigott. NAYS: None. ABSENT: Kubby. Date published 12/15/93 • /7 • r ,'moi M�W ,n • CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3600 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of December , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of January , 19 94 . Susan Walsh Deputy City Clerk IWalsh.cit CIVIC CENTER • 410 E. WASHINGTON ST. S PHONE (319) 356-3000 IOWA CITY IOWA 52240-1126 FAX(319) 336-3009 Via® /7 O K1)- 'I OFFICIAL PUBLICATION ORDINANCE NO. 93-'5!)0 AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE BLOCK 62 URBAN L��y REVI- TALIZATION AREA. 7 Printer's fee $ / / WHEREAS, Iowa Code Chapter 404 per- mits the governing body of a city to designate CERTIFICATE OF PUBLICATIONan area of the city as an urban revitalization -area if the area satisfies the criteria set forth in STATE OF IOWA, Johnson County,ss: Iowa Code 4404.1 119931;and WHEREAS,the City Council of the City of THE IOWA CITY PRESS-CITIZEN Iowa City, Iowa has determined that the area FED. ID# 42-0330670 within the City legally described below substan- tially meets the criteria of 4404.113) and 141: Block sixty-two 1621. Original Town, I, Iowa City, Iowa Margaret Rios, being duly sworn, Specifically, the Council has determined that f the area contains a predominance of buildings, say that I am the legal clerk of which by reason of age,history,architecture or the IOWA CITY PRESS-CITIZEN significance,should be preserved or restored to productive use and the area is appropriate as a newspaper published in said an economic development area as defined in Iowa Code 4403.17(1993); and county, and that a notice, a WHEREAS, the City Council has determined that the rehabilitation,conservation lop- printed copy of which is hereto ment,economic development,or a combination attached, was published in said thereof of this area is necessary in the interest of the public health, safety and welfare of the paper _1 — time(s), on the residents of the City of Iowa City, Iowa. following date(s): NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF IOWA CITY, IOWA,THAT: f�j /992 SECTION I. Pursuant to Iowa Code Chap- ter 404 and in consideration of the recitations set forth above, the area legally described below be and the same is hereby designated as a revitalization area, which shall be known as the Block 62 Urban Revitalization Area: Block sixty-two 1621, Original Town, Iowa City, Iowa Legal Clerk SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the Subscribed and sworn to before me provisi pealedons of this Ordinance are hereby re- 1, SECTION III. SEVERABILITY. If any t his day of r t A.D. section,provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, 19/� if. such adjudication shall not affect the validity of 7y! ' 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 pas- NO�tar T Public sage,approval and publication, as provided by t rnt 3a.i,. r SkARON STUBBS law. ° pesscem ebaenrd,am:13 ed this 7th day of e tif,SC1Crt MAYOR ATTEST: /j% 9f- CITY CL RK 8335 December IS,1993 I (Jed 6k ORDINANCE NO. 93-3601 AN ORDINANCE DIRECTING THE REGULATION OF RATES CHARGED BY CABLE TELEVISION OPERATORS FOR THE BASIC SERVICE TIER AND RELATED EQUIPMENT, AND FOR CABLE PROGRAMMING SERVICE TIERS AND RELATED EQUIPMENT. WHEREAS, on October 5, 1992,the United States Congress enacted the Cable Television Consumer Protection and Competition Act of 1992, which Act provided that the basic service tier rates and the charges for related equipment, installation and services of a cable television system shall be subject to regulation by a franchising authority according to regulations prescribed by the Federal Communications Commission ("FCC"); and WHEREAS the City of Iowa City ("the City") is a franchising authority and has the legal authority to administer and shall enforce against any non-municipally owned cable television system operator, as permitted therein, the provisions of Part 76, Subpart N of the Rules and Regulations of the FCC, concerning Cable Rate Regulation, 47 C.F.R. §§76.900 et seq., as they currently read and hereafter may be amended,which are herewith incorporated by reference; and WHEREAS,the City has filed with the FCC the required Certification form (FCC Form 328) on September 22, 1993; and WHEREAS, the City shall regulate the Basic Service Rates and Charges of Cablevision VII, Inc., and any other franchisee hereafter operating in the City, and shall do so in accordance with the FCC Rate Regulations; NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. Any rate regulation proceedings conducted under this Ordinance shall provide a reasonable opportunity for consideration of the views of any interested party, including but not limited to,the City,by its designee, the cable operator, subscribers, and residents of the franchise area. In addition to all other provisions required by the laws of the State of Iowa and the City of Iowa City, Iowa for such proceedings, and in order to provide for such opportunity for o consideration of the views of any interested party, the City shall take the following actions: a. The City shall publish in a local newspaper of general circulation, post on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose in the Iowa City Civic Center, and mail by certified mail to the cable operator a public notice of the intent to conduct a public proceeding on basic service tier rates and/or charges for equipment to receive such basic service tier, as defined by the FCC. b. The public notice shall contain a statement that cable television rates are subject to municipal review and shall explain the nature of the rate review in question; that any interested party has a right to participate in the proceeding; that public views may be submitted in the proceeding, explaining how such public views are to be submitted and the deadline for submitting such views; that a decision concerning the reasonableness of the cable television rates in question will be governed by the Rules and Regulations of the Federal Communications Commission ("FCC'); and that the decision of the City is subject to review by the FCC. c. The City shall conduct a public proceeding to determine whether the rates or proposed rate increase are reasonable. The City may delegate the responsibility to conduct the proceeding to the Iowa City Broadband Telecommunications Commission ("BTC") or to any duly qualified and eligible individual or entity. If the City or its designee cannot determine the reasonableness of a proposed rate increase within the time period permitted by the FCC Rules and Regulations, it may toll the effective date of the proposed rates for an additional period of time as permitted by the FCC Rules and Regulations, and may issue any other necessary or appropriate order and give Public Notice accordingly. d. In the course of the rate regulation proceeding, the City may request additional information from the cable operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equipment charges. Any such additional information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of Affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry. The City may request proprietary information, provided that the City shall consider a timely request from the Cable Operator that said proprietary information shall not be made available for public information, consistent with the procedures set forth in Section 0.459 of the FCC Rules and Regulations. Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level submitted by the cable operator. The City may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Iowa to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoena,interrogatories, production of documents, and depositions. e. Upon termination of the rate regulation proceeding,the City shall adopt and release a written decision whether the rates or proposed rate increase are reasonable or unreasonable, and, if unreasonable, its remedy, including prospective rate reduction, rate prescription, and refunds. f. The City may not impose any fines, penalties,forfeitures or other sanctions, other than permitted by the FCC Rules and Regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. However, the City may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund order of the City, directed specifically at the Cable Operator, pursuant to the laws of the State of Iowa and the Iowa City Code of Ordinances. g. Consistent with FCC Rules and Regulations, the City's decision may be reviewed only by the FCC. h. The City shall be authorized, at any time, whether or not in the course of I � a rate regulation proceeding, to gather information as necessary to exercise its jurisdiction as authorized by the laws of the State of Iowa, the Communications Act of 1934, as amended, and the FCC Rules and Regulations. Any information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of Affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry. Section 2. The City shall file with the FCC the required Certification form (FCC Form 328) on September 1, 1993, or as soon thereafter as appropriate. Thirty days later, or as soon thereafter as appropriate, the City shall notify the cable operator that the City has been certified by the FCC and that it has adopted all necessary regulations so as to begin regulating basic service tier cable television rates and equipment charges. Section 3. With regard to the cable programming service tier, as defined by the Communications Act of 1934, as amended, and the FCC Rules and Regulations, and over which the City is not empowered to exercise rate regulation, the cable operator shall give notice to the City of any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided, including the program services included in the tier or tiers. Said notice shall be provided to the City at least thirty (30) business daysprior to any change becoming effective. Section 4. The City may delegate its powers to enforce this Ordinance to the Iowa City Broadband Cable Television Commission or to employees or officers of the City, to be known as the cable official. The cable official shall have authority to: 1. administer oaths and affirmations; 2. issue subpoenas; 3. examine witnesses; IE 4. rule upon questions of evidence; 5. take or cause depositions to be taken; 6. conduct proceedings in accordance with this Ordinance; 7. hold conferences for the settlement or simplification of the issues by consent of the parties; and 8. take actions and make decisions or recommend decisions in conformity with this Ordinance. Section 5. If any provision of this Ordinance shall be inconsistent with the provisions of any other Ordinance or resolution, the provisions of this Ordinance shall be controlling. Section 6. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatin shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 7. Effective date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of December , 1993. MAYOR ATTEST: 744;0 9t'• Wen/ CITY CLERK 7dbY d, City Attorney's wffice f:\cadata\legal\FCC.rates 4/0) T It was moved by McDonald and seconded by Nornwity that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Courtney Horowitz Kubby X McDonald X Novick X Pigott X Throgmorton First Consideration 11/9/93 Vote for passage: AYES: Novick, Pigott, Throgmorton, Courtney, Horowitz, Kubby, McDonald. NAYS: None. ABSENT: None. Second Consideration 11/23/93 Vote for passage: AYES: Novick, Pigott, Throgmorton, Courtney, Horowitz, McDonald. NAYS: None. ABSENT: Kubby. Date published 12/15/93 uu f' r-ma•T�u CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3601 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of December , 19 93 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of December 19 93 Dated at Iowa City, Iowa, this 14th day of January , 19 94 J•twam • usan Walsh Deputy City Clerk lwalsh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FA%(319) 356-3009 9\'.�� CRO. (13-360 1 WHEREAS, the City has filed with the f FCC the required Certification form(FCC Form 111 3281 on September 22, 1993; and !� p[� WHEREAS, the:City shall regulate the Printer's fee $ [O / 7 7 Basic Service Rates and Charges of Cablevision VII, Inc., and any other franchisee hereafter hall so CERTIFICATE OF PUBLICATION oertinin accordance with theCity, FCC Rate sRegulations; in STATE OF IOWA,Johnson County, ss: NOW, THEREFORE, BE IT ORDERED BY THE COUNCIL OF THE IOWA CITY PRESS-CITIZEN IOWA,AS FOLLOWS THE CITY OF IOWA CITY. FED.ID# 42-0330670 Section 1. Any rate regulation proceedings conducted under this Ordinance shall provide a reasonable opportunity for I consideration of the views of any interested OFFICIAL PUBLICATION Margaret Rios, being duly sworn, party,including but not limited to, the City,by its designee, the cable operator, subscribers. say that I am the legal clerk of and residents of the franchise area. In addition and charges or the appropriate rate level the IOWA CITY PRESS-CITIZEN to all other provisions required by the laws of submitted by the cable operator. The City may the State of Iowa and the City of Iowa City, exercise all powers under the laws of evidence a newspaper published in said Iowa for such proceedings, and in order to applicable to administrative proceedings under provide for such opportunity for consideration the laws of the State of Iowa to discover arty county, and that a notice, a of the views of any interested party, the City information relevant to the rate regulation printed copyof which is hereto shall take the following actions: proceeding, including, but not limited to, a. The City shall publish in a local subpoena, interrogatories, production of attached, was published in said newspaper of general circulation, post on a documents, and depositions, bulletin board or other prominent place easily e. Upon termination of the rate paper ___/___ tune($), on the accessible to the public and clearly designated regulation proceeding,the City shall adopt and following date(s): for that purpose in the Iowa City Civic Center, release a written decision whether the rates or and mail by certified mail to the cable operator 11 proposed rate increase are reasonable Or ,72.ef-_,-,-,4.. / /7 9?3 apublic notice of the intent to conduct a public unreasonable,and,if unreasonable,its remedy, `i `1 proceedingan basic service tier rates and/or includingprospective rate reduction, rate charges for equipment to receive such basic r;prescription,and refunds. service tier,as defined by the FCC. f. The City may not impose any fines, b. The public notice shall contain a penalties, forfeitures or other sanctions, other � statement that cable television rates are than permitted by the FCC Rules and � subject to municipal review and shall explain Regulations, for charging an unreasonable rate the nature of the rate review in question: that or proposing an unreasonable rate increase. Legal Clerk any interested party has a right to participate in However, the City may impose fines or the proceeding; that public views may be monetary forfeitures on a cable operator that submitted in the proceeding, explaining how does not comply with a rate decision or refund - Subscribed and s rn to before me such public views are to be submitted and the order of the City, directed specifically at the deadline for submitting such views; that a Cable Operator, pursuant to the laws of the 6day of , A.D. decision concerning the reasonableness of the State of Iowa and the Iowa City Code of this cable television rates in question will be Ordinances. governed by the Rules and Regulations of the g. Consistent with FCC Rules and 1 Federal Communications Commission("FCC"): Regulations, the City's decision may be and that the decision of the City is subject to reviewed only by the FCC. / / iti review by the FCC. c. The City shall conduct a public h. The City shall be authorized, at any time, whether or not in the course of a rate f I / - proceeding to determine whether the rates or regulation proceeding,to gather information as proposed rate increase are reasonable. The necessary to exercise its jurisdiction as Notary Public City may delegate the responsibility to conduct authorized by the laws of the State of Iowa, e. r i the proceeding to the Iowa City Broadband the Communications Act of 1934,as amended, SHARON STUB Telecommunications Commission I"BTC")or to and the FCC Rules and Regulations. Any any duly qualified and eligible individual or information submitted to the City shall be entity. If the City or its designee cannot verified by an appropriate official of the cable determine the reasonableness of a proposed television system supervising the preparation of rate increase within the time period permitted the response on behalf of the entity, and by the FCC Rules and Regulations, it may toll submitted by way of Affidavit or under penalty the effective date of the proposed rates for an of perjury,stating that the response is true and OFFICIAL PUBLICATION additional period of time as permitted by the accurate to the best of that person's FCC Rules and Regulations,and may issue any knowledge,information and belief formed after ORDINANCE NO. 93-3601 other necessary or appropriate order and give reasonable inquiry. Public Notice accordingly. Section 2. The City shall file with the AN ORDINANCE DIRECTING THE REGULATION d. In the course of the rate regulation FCC the required Certification form(FCC Form OF RATES CHARGED BY CABLE TELEVISION proceeding, the City may request additional 328) on September 1, 1993, or as soon information from the cable operator that is thereafter as appropriate. Thirty days later,or OPERATORSDRELATED FOR THENT,BASIC AND FSEROR CABLEE TIER as soon thereafter as appropriate,the City shall AND RELATED EQUIPMENT, FOR reasonablynecessaryto determine the PROGRAMMING SERVICE TIERS AND reasonableness of the basic service tier rates notify the cable operator,that the City has been RELATED EQUIPMENT. and equipment charges. Any such additional certified by the FCC and"that it has adopted all information submitted to the City shall be necessary regulations so as to begin regulating WHEREAS, on October 5, 1992, the verified by an appropriate official of the cable basic service tier cable television rates and United States Congress enacted the Cable television system supervising the preparation of equipment charges. Television Consumer Protection and the response on behalf of the entity, and Section 3. With regard to the cable Competition Act of 1992, which Act provided submitted by way of Affidavit or under penalty programming service tier, as defined by the that the basic service tier rates and the charges of perjury,stating that the response is true and Communications Act of 1934, as amended, for related equipment,installation and services accurate to the best of that person's and the FCC Rules and Regulations, and over of a cable television system shall be subject to knowledge,information and belief formed after which the City is not empowered to exercise regulation by a franchising authority according reasonable inquiry. The City may request rate regulation, the cable operator shall give to regulations prescribed by the Federal proprietary information, provided that the City notice to the City of any change in rates for the Communications Commission("FCC");and shall consider a timely request from the Cable cable programming service tier or tiers, any WHEREAS the City of Iowa City I"the Operator that said proprietary information shall not be made available for public information, change in the charge for equipment required to City") is a franchising authority and has the receive the tier or tiers,and any changes in the legal authority to administer and shall enforce consistent with the procedures set forth in nature of the services provided, including the against any non-municipally owned cable Section 0.459 of the FCC Rules and program services included in the tier or tiers. television system operator, as permitted Regulations. Furthermore, said proprietary Said notice shall be provided to the City at therein,the provisions of Part 76,Subpart N of information may be used only for the purpose least thirty 130) business days prior to any the Rules and Regulations of the FCC, of determining the reasonableness of the rates change becoming effective. concerning Cable Rate Regulation, 47 C.F.R. 1976.900 et seq., as they currently read and hereafter may be amended,which are herewith incorporated by reference; and �6' ORO- R3 - 36o1 a 61 a. Section 4. The City may delegate its powers to enforce this Ordinance to the Iowa City Broadband Cable Television Commission or to employees or officers of the City, to be known as the cable official. The cable official r hall have authority to: 1. administer oaths and affirmations; 2. issue subpoenas; 3. examine witnesses; 4. rule upon questions of evidence; 5. take or cause depositions to be taken; 6. conduct proceedings in accordance with this Ordinance; 7. hold conferences for the settlement or simplification of the issues by consent of the parties;and 8. take actions and make decisions or recommend decisions in conformity with this Ordinance. Section 5. If any provision of this Ordinance shall be inconsistent with the provisions of any other Ordinance or resolution, the provisions of this Ordinance shall be controlling. Section 6. 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 7. Effective date. This Ordinance shall be in effect after its final passage, approval and publication,as provided by law. Passed and approved this 7th day of tecemb,.r. 99 . //!.41 MA OR // ATTEST: 27 t .i,�� 7f CIT CLERK 8336 December 15,1993 ORDINANCE NO. 93-3602 AN ORDINANCE VACATING PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET AND THE EASTERN HALF OF MAIDEN LANE. WHEREAS, the portion of City right-of-way described below is not necessary to provide public access to properties in the area; and WHEREAS, this portion of right-of-way does not contain any public or private utilities. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. The City of Iowa City hereby vacates those portions of Lafayette Street and Maiden Lane legally described as follows: Commencing at the Southeast Corner of Lot 4, Block 22, County Seat Addition, to Iowa City, Iowa; Thence S89°35'00"E (a recorded bearing), 50.00 feet to a Point on the Easterly Right-of-Way line of Maiden Lane, said point also being the Point of Beginning; Thence S00°00'00"W, along said Maiden Lane Right-of-Way 38.17 feet; Thence N89°35'00"W, 10.35 feet;Thence N00°00'00"E, 38.17 feet; Thence S89°35'00"E, 10.35 feet to the Point of Beginning. Said tract of land contains 395 square feet, more or less, and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of December, 1993. Ordinance No. 93-3602 Page 2 �/ "'LiJ •� I MAYOR ATTEST: 12/ '. _ ♦ • CITY CL 'K Approved by ( 3 ity ttorney's Office !/— y-9.3 ppd.dminWfymtid.ord It was moved by Horowitz and seconded by Novi rk that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Courtney X Horowitz X Kubby X McDonald x Novick X Pigott Throgmorton First Consideration 11/23/93 Vote for passage: AYES: Throgmorton, Courtney, Horowitz, McDonald, Novick, Pigott. NAYS: None. ABSENT: Kubby. Second Consideration 12/7/93 Vote for passage: AYES: McDonald, Novick, Pigott, Throgmorton, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Date published 17/77/43 I? • a14-. rra464 `! • ,, mil Its. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3602 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of Janaury , 19 94 . j,(100/n /(11 ahf(44 Susan Walsh Deputy City Clerk 1waIsh.cn CIVIC CENTER • 410 E. WASHINGTON ST. �Ib� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ��-S" FAX(319) 356-5009. RD, 93- oa OFFICIAL PUBLICATION ORDINANCE NO. 9 3-3 602 Printer's fee $ AN ORDINANCE VACATING PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET CERTIFICATE OF PUBLICATION AND THE EASTERN HALF OF MAIDEN LANE. STATE-OF IOWA,Johnson County, ss: WHEREAS, the portion of City right-of-way THE IOWA CITY PRESS-CITIZEN described below is not necessary to provide public access to properties in the area; and FED. ID# 42-0330670 WHEREAS,this portion of right-of-way does not contain any public or private utilities. I� NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, Margaret Rios, being duly sworn, IOWA,THAT: say that I am the legal clerk of SECTION I. VACATION. The City of Iowa City hereby vacates those portions of Lafayette the IOWA CITY PRESS-CITIZEN, Street and Maiden Lane legally described as follows. a newspaper published in said Commencing at the Southeast Corner of county, notice,and that a a Lot 4, Block 22, County Seat Addition, to Iowa City, Iowa; Thence S89°35'00-E la printed copy of which is hereto recorded bearing),50 00 feet to a Point on the Easterly Right-of-Way line of Maiden attached, was published in said Lane, said point also being the Point of paper / time(s), on the Beginning; Thence SOO°00'00"W, along said Maiden Lane Right-of-Way 38.17 feet; following date(s): Thence N89°35'00"W,10.35 feet;Thence NOO°00'00'E, 38.17 feet; Thence A 3 /53 S89°35'00"E, 10.35 feet to the Point of Beginning. Said tract of land contains 395 square feet, more or less.and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- / , / Bions of this Ordinance are hereby repealed. 1.L� (12,--441 SECTION III. SEVERABILITY. If any section, Legal Clerk provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Subscrib d and orn to before me Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. nconst-tutional. this Q day of , A.D. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, 9 approval and publication, as provided by law. Passed and approved this I7th day of December, 1993. 6-"-C21A----4—A)---/ASkat"C) Notary Public /,�` �' e -a.�ar.�v>,eppurry...^�•. AYOR • SiiAKON STU&ES mow. ATTEST: ?, �� 7 7 CITY CL K 3.10' December 12,1993 1 ORDINANCE NO. gq_ghns AN ORDINANCE AMENDING CHAPTER 9.1 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED "CITY PLAZA" BY REPEALING SECTION 9.1-7(i) ENTITLED "NEWSPAPER-VENDING MACHINES" AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 9.1-7(i), TO BE TITLED AND CODIFIED THE SAME. WHEREAS, the City Council wishes to preserve the pedestrian-oriented environment of the City Plaza, and protect safety as well as aesthetic concerns. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. Chapter 9.1 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Section 9.1-7(i) thereof entitled "Newspaper-Vending Machines," and enacting in lieu thereof a new subsection to be codified to read as follows: Section 9.1-7(i). Newspaper-Vending Machines 1. All newspapers and/or advertisers selling and/or distributing via vending machines or via newsracks in or on City Plaza must utilize City- owned modular unit vending machines. 2. Upon the filing of an application by a newspaper and/or advertiser with the City Manager or designee and upon payment of an annual administrative fee, payable April 1 of each year and set by City Council Resolution, the City shall make available one (1) unit in the City-owned modular vending machines. Each newspaper or advertiser may utilize only one (1) unit in the City-owned modular unit vending machines. Said modular units shall be so designed to be capable of incorporating additional units into the modular system. 2. If the number of applications exceeds the available modular units, the City will handle the applications on a lottery basis, to be conducted by the City Manager or designee prior to April 1 of each year. The City shall continue the lottery system until such time as the City Council decides to acquire additional modular units. 3. After completion of the lottery, if needed, LC) Ordinance No. 93-3603 Page 2 the City Manager or designee shall provide written notice of the lottery results to the requesting newspapers and advertisers. The selected newspapers or advertisers shall pay the annual administrative fee to the City Manager or designee. 4. Each newspaper or advertiser which pays the administrative fee and is assigned a space may affix one (1) logo to its assigned modular unit. The newspaper or advertiser shall neatly maintain the logo and replace the logo as appropriate in order to maintain the aesthetic ambience intended for the City Plaza. 5. Nothing in this section shall be construed to limit or interfere with alternative methods of distribution available to newspapers and advertisers throughout the City, as permitted by federal law. 6. Any newspaper and/or advertising vending machine or newsrack which is in violation of this subsection shall be subject to abatement as a municipal infraction, as provided by state law and the Iowa City Code of Ordinances. SECTION 2. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. 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 4. EFFECTIVE DATE. This Ordinance shall, after final passage, approval and publication as required by law, become effective April 1, 1994. Passed and approved this 17th day of December, 1993. 20 Ordinance No. 93-3603 Page 3 lii� MAYOR ATTEST: ARit�ti) `�. yr/ CITY CL'ERRK App ved by Oty Attorney's Office VS/93 Inp\Council\newerack 26 It was moved by Novick and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X — Courtney Horowitz X Kubby X McDonald x Novick X Pigott Throgmorton First Consideration 11/23/93 Vote for passage: AYES: Courtney, Horowitz, McDonald, Novick. NAYS: Pigott, Throgmorton. ABSENT: Kubby. Second Consideration 12/7/93 Vote for passage: AYES: McDonald, Novick, Courtney, Horowitz. NAYS: Kubby, Pigott, Throgmorton. ABSENT: None. Date published 12/22/91 20 uI (r • 11�I w" . { Nitiarlrinrt CITY OF IOWA CITY • STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 93-3603 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December , 19 93 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the _22nd day of December 19 93 . Dated at Iowa City, Iowa, this 14th day of January , 19 94 . _zdajail /1( Wald Susan Walsh Deputy City Clerk \wdsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 e fir) CA-4U • cL.3-360 3 Printer's fee $ c7 2 5 7 2. Upon the filing of an application by a CERTIFICATE OF PUBLICATION newspaper and/or advertiser with the City Manager or designee and upon payment of an STATE OF IOWA, Johnson County, ss: annual administrative fee, payable April 1 of THE IOWA CITY PRESS-CITIZEN each yearand set by Cityb Council Resolution, in e the City shall make available one(11 unit in the FED. ID # 42-0330670 City-owned modular vending machines. Each newspaper or advertiser may utilize only one 111 unit in the City-owned modular unit vending I, machines. Said modular units shall be so Margaret Rios, being duly sworn, designeddtionto be capable modular incorporating additional units into the system. say that I am the legal clerk of 2. If the number of applications exceeds the the IOWA CITY PRESS-CITIZEN, available ti ns on modular units,tethe Cityt be handle the applications on a lottery basis,to be conducted a newspaperpublished in said by the City Manager or designee prior to April 1 of each year. The City shall continue the county, and that a notice, a lottery system until such time as the City Council decides to acquire additional modular printed copy of which is hereto units. attached, was published in said 3.After completion of the lottery, if needed, the City Manager or designee shall provide paper _L_ time(s), on the written notice of the lottery results to the requesting newspapers and advertisers. The following date(s): selected newspapers or advertisers shall pay /� the annual administrative fee to the City 4QO`�y ---6•-e.-•-- a •2‘ /7 9_3 Manager or designee. 4. Each newspaper or advertiser which pays the administrative fee and is assigned a space may affix one(11 logo to its assigned modular unit. The the goer r advertiserlashall noaas L maintain the logo and replace the logo as �,�-�� /J appropriate in order to maintain the aesthetic LJ ambience intended for the City Plaza. Legal Clerk 5. Nothing in this section shall be construed to limit or interfere with alternative methods of distribution available to newspapers and Subscribed and s orn to before me advertisers throughout the City, as permitted by federal law. this 6 tA day of Govt • , A.D. 6. Any newspaper and/or advertising vendingmachine or newsrackionshawhich is in violation of this subsection shall be subject to 19 /� abatement as a municipal infraction, as i7 A provided by state law and the Iowa City Code of Ordinances. / SECTION 2. REPEALER. All ordinances and �� _-j `, ,� I- 4. parts of ordinances in conflict with the — w provisions of this Ordinance are hereby Notary Public repealed. t .�:-..:.:rSECTION 3. SEVERABILITY. If any section, o�� �; SHARON STUCiBS gr • 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 4. EFFECTIVE DATE. This OFFICIAL PUBLICATION Ordinance shalt, after final passage, approval and publication as required by law, become ORDINANCE NO. 93-3673 effective April 1, 1994. Passed and approved this 17th day of AN ORDINANCE AMENDING CHAPTER 9.1 OF December, 1993. THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA ENTITLED "CITY PLAZA" I // // _. BY REPEALING SECTION 9.1-7(i) ENTITLED / "NEWSPAPER-VENDING MACHINES" AND AY .. ENACTING IN LIEU THEREOF A NEW OR SUBSECTION 9.1-71i1, TO BE TITLED AND CODIFIED THE SAME. v'/ // WHEREAS, the City Council wishes to ATTEST: /iyJ-7l. 9eif� preserve the pedestrian-oriented environment of CITY CL K the City Plaza, and protect safety as well as 3403 December 22,i99 aesthetic concerns. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. Chapter 9.1 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Section 9.1-701 thereof entitled "Newspaper-Vending Machines,'and enacting in lieu thereof a new subsection to be codified to read as follows: Section 9.1-71il. Newspaper-Vending Machines 1. All newspapers and/or advertisers selling and/or distributing via vending machines or via newsracks in or on City Plaza must utilize City- owned modular unit vendinu machines. 1)2