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1994 Ordinance Book
ORDINANCES BOOK #37 94-3604 to 94-3614 PAGE ORD. NO TITLE DATE 1 94-3604 Ordinance amending Chapter 36 of the Code of Ordinances 1/4/9L of the City of Iowa City, Iowa, entitled "Zoning" by per- mitting non-hard surfaced aisles and driveways for single- family and duplex dwellings which access Woodlawn Avenue or non-hard surfaced alleys. 2 1/18/94 94-3605 Ordinance amending the Zoning Ordinance to redefine "Family Cax Facility/Family Home" by including "Community Supervised apartment living affangement." 3 94-3606 Ordinance amending Chapter 36 of the Code of Ordinances of the City of Iowa City,Iowa, entitled "Zoning," by amending Section 36-58, entitled "Offstreet Parking Requirements." 4 94-3607 Ordinance amending Chapter 34,entitled "Vegetation," Code of Ordinances of the City of Iowa City,Iowa, by adding a new ArticlelV, Divisionl entitled "Commercial Pesticide Application," which Article shall provide for regulating Commercial application of pesticides and provide for the enforcement thereof. 5 94-3608 Ordinance amending the Zoning Ordinance by affirming the 2/1/94 Single-Family character of the RNC-12, Neighborhood Con- servation Residential, zone and restricting the number of principal buildings permitted on a lot in the RNC-12 zone. 6 94-3609 Ordinance amending Chapter 33 entitled "Utilities" of the 3/1/9 Code of Ordinances of the City of Iowa City, Iowa, by adopting a new Section 33-10.4 entitled "Tap-On Fee for the Northwest Sanitary Sewer Project". 7 94-3610 • Ordinance amending Chapter 36 of the Code of Ordinances 3/8/94 of Iowa City, Iowa, entitled "Zoning," by amending Section 36-9, entitled "Factory Built Housing Residential (RFBH) Zone," Section 36-58, entitled "Off-Street Parking Require- ments," and Section 36-62, Entitled "Permitted Signs." 8 94-3611 Ordinance amending the zoning ordinance by approving the revised preliminary planned development housing plan(PDH) for Walnut Ridge, Parts 5-9, an approximate 85.32 acre tract of• land located north of Melrose Avenue on Kennedy Parkway. 9 94-3612 Ordinance amending the zoning ordinance by conditionally changing the land use regulations of approx. 12.5 acres of land located West of Sycamore Street and South of Burns Avenue from ID-RS to RS-5. 10 94-3613 Ordinance repealing Article LV, Division I, entitled "Com- mercial Pesticide Application," of Chapter 34, Code of Ord- inances of the City of Iowa City, Iowa. 11 94-3614 Ordinance amending Chapter 36 of the Code of Ordinances 4/12/! of the City of Iowa City, Iowa, entitled "Zoning," by amending Section 36-20.5, entitled "Central Business Support Zone." ORDINANCES BOOK #37 94-3615 to 943625 PAGE ORD. NO. TITLE DATE 12 94-3615 Ordinance repealing Ordinance No. 75-2772 vacating the 4/12/94 Southern 97 feet of the North-South alley in Block 102 of the Orginal Town of Iowa City bounded by Clinton, Burlington, Dubuque and Court Streets. 13 94-3616 Ordinance amending the Zoning Ordinance by changing the 4/26/94 use regulations of an approximate 7,500 square foot par- cel of land, located in the 1300 block of Sheridan Avenue, Iowa City, Iowa. 14 94-3617 Ordinance amending the zoning ordinance by establishing the 5/19/y Brown Street Historic District as an Historic Preservation Overlay Zone. . 15 94-3618 Ordinance amending Ord. No. 93-3577 and accompanying condi- tional zoning agreement for a 71.05 acre tract known as Wild Prairie Estates, located North of Rohret Road. 16 94-3619 Ordinance amending the Zoning Ordinance by conditionally 5/24/94 changing the use regulations of 7.86 acres of land located at 2312 Muscatine Avenue, Iowa City, Iowa, from RFBH, Res- idential Factory Built Housing, to CC-2, Community Commercial. 17 94-3620 Ordinance amending Chanter 8, Article VI, of the Iowa City Code of Ordinances by adopting the 1993 Edition of the Nation1Electrical Code, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures, appliances and appurtenances in connection with various electrical systems; to dissolve the Board of Examin- ers of Electricians and to assign the duties of that Board to an expanded Board of Appeals; to provided for khe issuance of permits and inspection of electrical installations and the collection of fees; and to provide penalties for violations. 18 94-3621 Ordinance amending Chapter 36 of the Code of Ordinances of 6/7/94 the City of Iowa City, Iowa, entitled "Zoning" by permitting all Religious Institutions located in the Central Business Service Zone(CB-2)to expand without complying with the off- street parking requirements. 19 94-3622 Ordinance amending Chapter 32. 1, Iowa City Code of Ordinances, Article VI, entitled "Parking Facility Impact Fee Ordinance" by amending sections 32.1-115 and 32.1-123. 20 94-3623 Ordinance amending Chapter 36 of the Code of Ordinances of 6/14/94 the City of Iowa City, Iowa, entitled "Zoning" by adopting Article IV, Division 7 entitled "Minor Modifications". 21 94-3624 Ordinance amending Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Zoning" to permit Religious Institutions to be established or expanded with access to a Collector Street. 22 94-3625 Ordinance amending Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa entitled "Zoning" to permit awning signs in the General Industrial Zone(I-1) , Heavy Industrial Zone (I-2) , Office and Research Park Zone(ORP)and Research Development Park Zone(RDP) . ORDINANCES BOOK 1137 94-3626 to 94-3635 PAGE ORD. NO. TITLE DATE 23 94-3626 Ordinance amending Chapter 36 of the Code of Ordinances 6/14/94 of Iowa City, Iowa, entitled "Zoning" by amending Section 36-18 entitled "Neighborhood Commercial Zone(CN-1)", to broaden the types and sizes of permitted uses, provisional uses and Special Exceptions; to allow CN-1 Zones up to ten acres in size, subject to site plan approval; and to estab- lish requirements and guidelines to encourage pedestrian amenities and neighborhood compatibility of development within thf zone. 24 94-3627 Ordinance vacating a portion of the Linn Street right-of-way located West of Gilbert Street and North of Benton Street. 25 94-3628 Ordinance amending the Zoning Ordinance by changing the 6/21/94 use regulations for property generally located on both sides of Church Street between Dubuque Street and Dodge Street from RM-12, Low Density Multi-Family Residential, to RNC-12, Neighborgood Residential Conservation Zone. 26 94-3629 Ordinance repealing the Vacation of a portion of the East- erly ten feet of Maiden Lane located South of Court Street and North of Harrison Street. 27 94-3630 Ordinance adopting the City Code of Iowa City, Iowa. 7/5/94 28 94-3631 Ordinance amending the zoning ordinance by changing 7/19/94 the use regulations of approximately 18.6 acres of land located North of Rohret Road and East of Sloth- ower Road from the County designation of RS, Subur- ban Residential, to ID-RS, Interim Development Single- Family Residential. 29 94-3632 Ordinance establishing a special elevation and grade for certain sidewalks in Iowa City, Iowa. 30 94-3633 Ordinance amending Chapter 36 of the Code of Ordinances 8/2/94 of the City of Iowa City, Iowa, entitled "Zoning" to change the definitions of "Developmentally Disabled," "Family care Facility/Family Home," and "Group Care Facility." 31 94-3634 Ordinance amending the Zoning Ordinance by changing the use regulations of approximately 7360 Square Feet of land located at 402 South Linn Street, Iowa City, Iowa, from PRM, Planned High Density Multi-Family Zone, to CB-5, Central Business Support Zone. 32 94-3635 Ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 422 acre tract, located South of Highway 6 and the Southern Corporate Limits from County RS, Suburban Residential, and County R3A, Multi- Family Residential, to RS-8, Medium Density Single-Family Res- idential(62 acres) ; RM-12, Low Density Multi-Family Residential (10 acres) ; RM-20, Medium Density Multi-Family Residential(15 acres) ; RFBH, Factory Built Housing Residential (84 acres) ; RR-1, Rural Residential (191 acres) and ID-RM, Interim Development Multi-Family Residential(59 acres) . F/ ORDINANCES BOOK #37 94-3636 to 94- 3b11-7 PAGE ORD. NO. TITLE DATE 33 94-3636 An ordinance reestablishing the Historic Preservation Comm. 8/30/94 and specifying that appeals of decisions of the commission shall be made to the City Council. 34 94-3637 An Ordinance amending Chapter 8, Article II, of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Building Code" by adopting a new Section 8-17(28) and renumbering the remainder of the section. 35 94-3638 Ordinance to amend Chapter 27, Iowa City Code of Ordinances, 9/13/94 by adding Article VI, Design Review. 36 94-3639 Ordinance amending Chapter 9.1, Iowa City Code of Ordinances, entitled "City Plaza," by amending Section 9.1-8(E) (3)B. 37 94-3640 Ordinance amending Title 14, Chapter 6, Article B of the City 10/11/9 Code of the City of Iowa City, Iowa, entitled "Zoning Defini- tions," to change the definitions of "Hotel" and "Motel" to reflect the Commercial Function of such uses, and to change the parking requirements for hotels and motels to a Commercial Classifica- tion. 38 94-3641 Ordinance amending the Zoning Ordinance by correcting the Legal description of property rezoned by Ordinance No. 92-3524 from CC-2, Community Commercial Zone, to CB-5, Central Business Support Zone in an area referred to as the Near Southside. 39 94-3642 Ordinance amending Title 14, Chapter 8, entitled "Airport Zoning," City Code by revising Article A, Entitled "General Airport Zoning Provisions," and Article B, entitled "Airport Zones," to change the approach slope zones for runway 6 from a 34:1 approach Overlay(OA) Zone to a 20: 1 approach overlay(0A) Zone. 40 94-3643 Ordinance amending the Zoning Ordinance by changing the use reg- 10/254 ulations of approximately 1.02 acres of land located North on Scott Park Drive extended, Iowa City, Iowa. 41 94-3644 Ordinance amending the Zoning Ordinance by changing the use regulationE of a 5. 11 acre property located East of Wellington Drive from RS-5, low density single-family residential, to OPDH-5, a preliminary plannec development housing (PDH) plan for Wellington Condominiums, Iowa City, Iowa. 42 94-3645 Ordinance amending the zoning ordinance by changing the use regula- tions for property located in the vicinity of the Mormon Trek Blvd./ Highway 1 Intersection from County Al to CI-1, Intensive Commercial and to change the use regulations for an approximate 3.07 acre tract of land Northwest of the intersection from County R1A to CO-1, Comm- ercial Office. 43 94-3646 Ordinance amending Chapter 6 of the City Code of the City of 11/8/c Iowa City, Iowa, entitled "Zoning," by defining "Funeral Home"' and includingCrematoriums as an accessory use to a Funeral Home. 44 94-3647 Ordinance amending Title 2, entitled "Human Rights" of the Code of Ordinances of the City of Iowa City, to repeal the title and adopt a new title to be known as "Iowa City Human Rights Ordinance". ORDINANCES BOOK 1137 94-3648 to 94- 36 5`t PAGE ORD. NO. TITLE DATE 45 94-3648 Ordinance amending Title 14, Chapter 6, Article J, Section 11/22/94 2 of the City Code of Iowa City, Iowa, entitled "Planned Development Housing Overlay Zone(OPDH)" to require dedication of land or payment of fees in lieu of land for neighborhood open space. 46 94-3649 Ordinance amending Title 14, Chapter 7, "Land Subdivisions," of the City Code by adding a new Article D entitled "Dedication of Land or Payment of fees in lieu of land for neighborhood open Space. 47 94-3650 Ordinance amending Title 14, Unified Development Code, Chanter 7, "Land Subdivisions," by amending Article A of the City Code_ to re- quire review and approval of the division of land prior to recording. 48 94-3651 Ordinance amending the zoning ordinance by changing the use regula- tions for an approximate 166 acres of City-Owned property known as the Iowa City South Wastewater Treatment Plant Site from County MI and Al to P, Public. 49 94-3652 Ordinance amending Title 14-6, Chapter 6, entitled "Zoning," 12/6/91 City Code by revising Article B, entitled "Zoning Definitions," and Article E, entitled "Commercial Business Zones," to add the definition of restaurant carry-out and permit said use in the CB-10 Zone. 50 94-3653 Ordinance amending the zoning ordinance by conditionally chang- 12/13/' ing the land use regulations of approximately 5.52 acres of land located East of Waterfront Drive and the Crandic Railroad right- of-way, Iowa City, Iowa, from CI-1, Intensive Commercial, to CC-2, Community Commercial. 51 94-3654 Ordinance amending Title 14, Chapter 6, entitled "Zoning," of the City Code by revising Article E, entitled "Commercial and Business Zones,"Section 2, entitled "Neighborhood Commercial Zone(CN-1) ," to allow restaurants as provisional uses or by special exceptions, and car washes by special exception with specific restrictions in the CN-1 Zone. 52 94-3655 Ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to include Commercial Development. 53 94-3656 Ordinance amending Title 14, Chapter 6, entitled "Zoning," City Code, by revising Article N, entitled "Off-Street Parking and Loading," and Article E, entitled "Commercial and Business Zones," Section 7, entitled "Central Business Support Zone(CB-5) ," to change the required number of off-street parking spaces for the CB-5 Zone. 54 94-3657 Ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near South- side Commercial Urban Revitalization Area. 55 94-3658 Ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near Southside Residential Urban Revitalization Area. 56 94-3659 Ordinance amending Title 9, entitled "Traffic Provisions," Section6, entitled "Application of Provisions" of the City Code by adding a new paragraph applying the provisions of the traffic title to bicyclist ORDINANCES BOOK #37 94-3660 to 94- 3663 PAGE ORD. NO. TITLE DATE 57 94-3660 Ordinance amending Title 14, Chapter 6, entitled"Zoning," City 12/20/94 Code, by revising Article E, entitled "Commercial and Business Zones, " Section 7, entitled "Central Business Support Zone(CB-5) ," to restrict the location of Parking, Driveways and Garage Entrances, in the CB-5, Central Business Support Zone. 58 94-3661 Ordinance amending Title 3, "City Finances, Taxation and Fees, " Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase Wastewater Service Charges and Fees in Iowa City, Iowa. 59 94-3662 Ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" of the City Code, to increase water service charges and fees in Iowa City, Iowa. 60 94-3663 Ordinance establishing and regulating the location of entrance drives to private property along and adjacent to U.S. Highway No. 6 from the Westerly City Limits to Rocky Shore Drive in Iowa City,Iowa. Dc<( ORDINANCE NO. 94-3604 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING NON-HARD SURFACED AISLES AND DRIVEWAYS FOR SINGLE-FAMILY AND DUPLEX DWELLINGS WHICH ACCESS WOODLAWN AVENUE OR NON-HARD SURFACED ALLEYS. WHEREAS, the City Council deems it appropriate for single-family dwellings and duplexes which access non-hard surfaced alleys to use non-hard surfaced drives or aisles; and WHEREAS, utilizing non-hard surfaced driveways to access Woodlawn Avenue will maintain the historic integrity of that area. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. A. Chapter 36, Article I entitled "GENERAL", Section 36-4 entitled "Definitions" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (a)(6) and adopting a new subsection (a)(6) to read as follows: (a)(6). Aisle. An asphalt, concrete or similar permanent dust-free surface connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle. For a single family dwelling or duplex abutting and accessing Woodlawn Avenue or a non-hard surfaced alley, an aisle may be a non-hard surface connected directly to a parking or loading space and designed to permit ingress or egress of a vehicle. In no case can an aisle be a drive. See "drive". B. Chapter 36, Article I, Section 36-4 is further amended by repealing subsection (d)(7) and adopting a new subsection (d)(7) to read as follows: (d)(7). Drive/Driveway. An asphalt, concrete or similar permanent dust-free surface designed to provide vehicular access to a parking area. For a single family dwelling or duplex abutting and accessing Woodlawn Avenue or a non-hard surfaced alley, a drive/driveway may be a non-hard surface designed to provide vehicular access to a parking area. C. Chapter 36, Article III entitled "ACCESSORY USES AND REQUIREMENTS", I Ordinance No. 94-3604 Page 2 Section 36-58 entitled "Off-street parking requirements" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (c)(1) and adopting a new subsection (c)(1) to read as follows: (c)(1). Construction. All parking and stacking spaces, drives and aisles shall be _ constructed of asphalt, concrete or similar permanent dust-free surface, except for drives and aisles serving single family dwellings or duplexes which abut and access Woodlawn Avenue or a non-hard surfaced alley. D. Chapter 36, Article III, Section 36-58 is further amended by repealing subsection (c)(3)a.2 and adopting new subsection(c)(3)a.2 to read as follows: (c)(3)a.2. In all R zones and all zones abutting an R zone, except for drives and aisles serving zero lot line dwellings, drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless the drives and aisles are pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff. Under no circumstances may a non-hard surfaced drive or aisle be located closer than three (3) feet to a lot line or R zone boundary. 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 4th day of January, 199994. • M 4.24 AYOR E.5- Ordinance No. 94-3604 Page 3 ATTEST: „J CI LERK Approved by (/�J� iC ty at Office 7 Er /A/9 -93 ppddmiM .d It was moved by Baker and seconded by Kubbl that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby X _ .Lehman X Novick Pigott Throgmorton First Consideration 12/7/93 Vote for passage:AYES: Kubby, McDonald,Novick,Pigott, Throgmorton, Courtney, Horowitz. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1/12/94 Moved by Baker, seconded by Novick, 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 con- sideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Pigott, Throgmorton, Baker, Horowitz, Lehman. NAYS: Kubby. ABSENT: None. • 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. 94-3604 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of January , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 12th day of January 19 94 . Dated at Iowa City, Iowa, this 7th day of February 19 94 2/00a4/ INGZ� Susan Walsh Deputy City Clerk twa1sh.crt CIVIC CENTER • 410 E. WASHINGTON ST. GeF `�\ PHONE (319) 336-5000 IOWA CITY IOWA 52240-1876 FAX(319) 336-5009 � R.D . 914-3 604 icy OFFICIAL PUBLICATION ORDINANCE NO. 94-3604 AN ORDINANCE AMENDING CHAPTER 36 OF Sc' � THE CODE OF ORDINANCES OF THE CITY OF Printer's fee $ SCA IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING NON-HARD SURFACED AISLES AND DRIVEWAYS FOR SINGLE-FAMILY AND CERTIFICATE OF PUBLICATION DUPLEX DWELLINGS WHICH ACCESS WOODLAWN AVENUE OR NON-HARD STATE OF IOWA, Johnson County, ss: SURFACED ALLEYS. THE IOWA CITY PRESS-CITIZEN WHEREAS, the City Council deems it FED. ID # 42-0330670 appropriate for single-family dwellings and duplexes which access non-hard surfaced alleys to use non-hard surfaced drives or aisles; I, and Margaret Rios, being duly sworn, WHEREAS, utilizing non-hard surfaced driveways to access Woodlawn Avenue will say that I am the legal clerk of maintain the historic integrity of that area. the IOWA CITY PRESS CITIZEN, NOW,THEREFORE, NED BY THE CITY COUNCIL OF THE ECITIT Y ROF(IOWA CITY, a newspaper published in said IOWA,THAT: SECTION I. AMENDMENT. A. Chapter 36, county, and that a notice, a Article I entitled 'GENERAL', Section 36-4 printed copy of which is hereto entitled'Definitions'of the Code of Ordinances of the City of Iowa City, Iowa, is hereby attached, was published in said amended by repealing subsection (a)(6) and paper l time(s), on the ad optinoting a new subsection lall6l to read as ffollowing date(s): la)16). Aisle. An asphalt, concrete or similar permanent dust-free surface / / connected directly td a parking oloading r space and designed to permit ingress or egress of a vehicle. For a single family dwelling or duplex abutting and accessing Woodlawn Avenue or a non-hard surfaced alley, aislemay be a non-hard surface connected directly to a parking or loading () 1� ��0,9' space and designed to permit ingress or Legal Clerk egress of a vehicle. In no case can an aisle be a drive. See"drive-. B. Chapter 36, Article I, Section 36-4 is Subscribed and sworn to before me further amended by repealing subsection(d117) and adopting a new subsection (d1(7) to read as follows: this(RW day of Qin r , A.D. (d)(7). Drive/Driveway. An asphalt, concrete or similar permanent dust-free surface designed to provide vehicular access y to a parking area. For a single family / dwelling or duplex abutting and accessing / Woodlawn Avenue or a non-hard surfaced alley, a drive/driveway may be a non-hard — surface designed to provide vehicular access Notary Public to a parking area. [el'J',1 SHARON STUBBS C. Chapter 36, Article III entitled SSHA 'ACCESSORY USES AND REOUIREMENTS Section 36-58 entitled 'Off-street parking requirements'of the Code of Ordinances of the City of Iowa City, Iowa,is hereby amended by repealing subsection(c)(t)and adopting a new subsection Ic1I1)to read as follows: Ic)(1). Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dust-free surface, except for drives and aisles serving single family dwellings or duplexes which abut and - access Woodlawn Avenue or a non-hard 07,0 9y 3oy D. Chapter 36, Article III, Section 36-58 is further amended by repealing subsection Ic113)a.2 and adopting new subsection(c)(3)a.2 to read as follows: (c)(31a.2. In all R zones and all zones abutting an R zone, except for drives and aisles serving zero lot line dwellings,drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless the drives and aisles are pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff. Under no circumstances may a non-hard surfaced drive or aisle be located closer than three(3) feet to a lot line or R zone boundary. 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 4th day of January, 1994. MAYOR ATTEST: .t,.-,/ CITY ERK 4106 January 12,1994 1 (bra. 3IL ORDINANCE NO. 94-3605 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REDEFINE "FAMILY CARE FACILITY/FAMILY HOME" BY INCLUDING "COMMUNITY SUPERVISED APARTMENT LIVING ARRANGEMENT." WHEREAS, a family care facility/family home is a State-licensed residential care facility that provides room and board, personal care, rehabilitation services, and supervision in a family environment by a resident family for not more than eight developmentally disabled persons; and WHEREAS, all of the residential zones of the Iowa City Zoning Ordinance make accommodations for family care facilities/family homes; and WHEREAS, the City's lower density residential zones do not permit establishment of a community-supervised apartment living arrangement due to the restriction prohibiting more than three unrelated individuals living together; and WHEREAS, a community supervised apartment living arrangement is an accredited community-based residential home which is regulated under Chapter 225C of the Code of Iowa (1993) and Chapter 24 of the Iowa Administrative Code; and WHEREAS, the State standards and requirements imposed on community supervised apartment living arrangements are intended to encourage the availability of a normalized living environment for persons within the program and are expected to make the homes indistinguishable from other homes in the city's residential neighborhoods; and WHEREAS,community supervised apartment living arrangements are expected to be compatible with other homes within the community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 36,Article I entitled "GENERAL," Section 36-4 entitled "Definitions" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (f)(3) and adopting a new subsection (f)(3) to read as follows: Ordinance No. 94-3605 Page 2 (f)(3) Family care facility/family home. A community based residential home, which is (1) licensed as a residential care facility under Chapter 135C, (2) licensed as a child foster care facility under Chapter 237 of the Code of Iowa, or (3) accredited as a community supervised apartment living arrangement and regulated under Chapter 225C of the Code of Iowa (1993) and Chapter 24 of the Iowa Administrative Code, that provides • room and board, personal care, rehabilitation services, and supervision in a family environment by a resident family or counselor(s) for not more than eight (8) developmentally disabled persons. However, family care facility does not mean an individual foster care family home licensed under Chapter 237. 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 18th day of January, 1994. >27.Po9vrj . et AYOR ATTEST: 7aA.iae.�.J 7eki1A7 CITY CL K App aved by i L r,e. lty Attorne Office /' \ppdadminlfamcare.ord [ j��/� a It was moved by Kubbv and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby x Lehman x Novick Pigott Throgmorton First Consideration 1/4/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1/26/94 Moved by Kubby, seconded by Pigott, 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 pass- age at this time. AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. �I ih ._' ..sr; T ; I _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. 94-3605 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1Arhday of Jantinry , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of January 19 94 . Dated at Iowa City, Iowa, this 7th day of February , 19 94 . 2,64a4/1 it Wahl) Susan Walsh Deputy City Clerk lwdsh.ert CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (J 19) 356-5000 IOWA CITY IOWA 5320-1836 ��� FAX(J 19) 356-5009 o -d. 9 / 3 6,o5 WHEREAS, a community supervised apartment living arrangement is an accredited community-based residential home which is regulated under Chapter 225C of the Code of Printer's fee $ Iowa (1993) and Chapter 24 of the Iowa Administrative Code;and WHEREAS, the State standards and CERTIFICATE OF PUBLICATION requirements imposed on community ss: supervised apartment living arrangements are STATE OF IOWA, Johnson County, .,Mendeddto encourage the availability of a THE IOWA CITY PRESS-CITIZEN normalized living environment for persons within the program and are expected to make FED. IDN 42-0330670 the homes indistinguishable from other homes in the city's residential neighborhoods;and WHEREAS,community supervised apartment 1 living arrangements are expected to be Margaret Rios, being duly sworn, compatible with other homes within the say that I am the legal clerk of coNOWn HEREFORE,BE IT ORDAINED BY THE the IOWA CITY PRESS-CITIZEN, CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: a newspaper published in said SECTION I. AMENDMENT. Chapter 36,Article I entitled "GENERAL," Section 36-4 entitled county, and that a notice, a Definitions" of the Code of Ordinances of the printed copy of which is hereto City of Iowa City, Iowa,is hereby amended by repattached, was published in said subsection subsection(a)13)and adopting a new subsection(f)(3)to read as follows: paper / time(s), on the (f)(3) Family care facility/family home. A following date(s): community based residential home, which is (1) licensed as a residential 7,JGGQ/ care facility under Chapter (21 r licensed as a child foster carere facility .9"e2- 1L/ ,x7 under Chapter 237 of the Code of Iowa,or 131 accredited as a community supervised apartment living arrangement and regulated under Chapter 225C of the Code of Iowa ✓w ?-t-l.� l ��144' 11993) and Chapter 24 of the Iowa LegalClerk Administrative Code, that provides b room and board, personal care, ' rehabilitation services,and supervision Subscribed and s ore to before me in a family environment by a resident family or counselor(s)for not more than eight (81 developmentally disabled thisrV r day of A.D. persons. However,family care facility does not mean an individual foster care FV . family home licensed under Chapter 19 4 237. / I / SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the �L`�� _ • provisions of this Ordinance are hereby repealed. Notary Public SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be 'tti adjudged to be invalid or unconstitutional,such ,4 \ SHARON STUBBS adjudication shall not affect the validity of the • r ,a -/S".c 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 OFFICIAL PUBLICATION passage,approval and publication,as provided by law. Passed and approved this 18th day of ORDINANCE NO. 94-3605 January, 1994. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REDEFINE "FAMILY CARE v1AY0f3 •Cr FACILITY/FAMILY HOME" BY INCLUDING "COMMUNITY SUPERVISED APARTMENT LIVING ARRANGEMENT." Qxcm.r� ATTEST: n WHEREAS,a family care facility/family home CITY CLARK is a State-licensed residential care facility that 4.761 January26,1994 provides room and board, personal care, _ rehabilitation services, and supervision in a family environment by a resident family for not more than eight developmentally disabled persons;and WHEREAS,all of the residential zones of the Iowa City Zoning Ordinance make accommodations for family care facilities/family homes;and WHEREAS, the City's lower density residential zones do not permit establishment of a community-supervised apartment living arrangement due to the restriction prohibiting more than three unrelated individuals 1ivin,! together. -•nd Ud t5K v\� ORDINANCE NO. 94-3606 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY AMENDING SECTION 36-58, ENTITLED "OFF- STREET PARKING REQUIREMENTS." WHEREAS, the Planning and Zoning Commission determined that the current parking requirements for multi-family dwellings do not meet the demand for parking spaces generated by multi-family buildings with large numbers of bedrooms; and WHEREAS, the Planning and Zoning Commission recommended that the required parking spaces correlate to the number of bedrooms provided in multi-family dwelling units; and WHEREAS, increased parking requirements may result in proposals to build multi-family buildings with parking spaces located on the ground floor or under a building; and WHEREAS, the City wants the design of multi-family buildings to accommodate pedestrian traffic and result in attractive streetscapes, and WHEREAS, the Zoning Ordinance must provide guidelines to assure that the design of multi-family buildings accommodates pedestrian traffic and results in attractive streetscapes. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. 1. Chapter 36, Article III entitled "ACCESSORY USES AND REQUIRE- MENTS," 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; f. and adding thereto a new subsection (a)(1) f to read as follows: 3 Ordinance No. 94-3606 Page 2 f.Multi-Family Dwellings 1. Where permitted except in the CB- 5 and PRM zones. According to the following table: Number of Unit Type Parking Spaces Efficiency 1 1 bedroom 1 2 bedroom 2 3 bedroom 2 4 bedroom 3 5 bedroom 4 2. PRM According to the following table: Number of Unit Type Parking Spaces Efficiency 1 1 bedroom 1 2 bedrooms or more 2 3. CB-5 According to the following table: Number of Unit Type Parking Spaces Efficiency 1 1 bedroom 1 2 bedrooms or more 1.5 2. Chapter 36, Article Ill, Section 36-58 of the Code of Ordinances of the City of Iowa City, Iowa, is further amended by adopting a new subsection (c)(2)m. to read as follows: m. Parking spaces located on the ground floor or under a building shall be located either within the exterior walls of a building or screened from view from public streets. Features such as masonry walls, earthen berms, or 3 Ordinance No. 9A_1J,nUS Page 3 • evergreen trees and shrubbery shall be used for screening. 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 18th day of January, 1994. -t.C�6L.� . I'S i e A OR ATTEST: pI• ,/,---.....„CIT CLERK Approved by City Attorney's Office — i3-5y 130dadminVm-44.ord It was moved by Pigott and seconded by Raker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby X Lehman Novick x . Pigott X Throgmorton First Consideration 1/4/94 Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1/26/94 Moved by Baker, seconded by Novick, 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 pass- age at this time. AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: Lehman. ABSENT: None. 3 iE• 1 ed e• , —igTq vF.:. 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. 94-3606 which was passed by the City Council-of Iowa City, Iowa, at a regular meeting held on the 18th day of January , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 26th day of January 19 94 , Dated at Iowa City, Iowa, this 7th day of February , 19 94 • 71A-adA7 661-4 Susan Walsh Deputy City Clerk lwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 6La, . 77-,36Uco OFFICIAL PUBLICATION /Ofe ORDINANCE N0. 94-3606 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING,' BY AMENDING SECTION 36-58, ENTITLED"OFF- STREET PARKING REQUIREMENTS." Printer's fee $ 36 /7 WHEREAS, the Planning and Zoning Commission determined that the current CERTIFICATE OF PUBLICATION parking requirements for multi-family dwellings do not meet the demand for parking spaces STATE OF IOWA, Johnson County, ss: generated by multi-family buildings with large THE IOWA CITY PRESS-CITIZEN numbers of bedrooms;and WHEREAS, the Planning and Zoning FED. ID # 42-0330670 Commission recommended that the required parking spaces correlate to the number of bedrooms provided in multi-family dwelling I, units;and Margaret Rios, being duly sworn, WHEREAS, increased parking requirements may result in proposals to build multi-family say that I am the legal clerk of buildings with parking spaces located on the the IOWA CITY PRESS-CITIZEN ground floor or under a building;and WHEREAS, the City wants the design of a newspaper published in said multi-family buildings to accommodate pedestrian traffic and result in attractive county, and that a notice, a streetscapes, and printed copy of which is hereto WHEREAS, the Zoning Ordinance must provide guidelines to assure that the design of attached, was published in said multi-family buildingsaccommodates pedestrian traffic and results in attractive streetscapes. paper time(s), on the NOW,THEREFORE,BE IT ORDAINED BY THE following date(s): CITY COUNCIL OF THE CITY OF IOWA CITY, date(s): IOWA,THAT: 9-22Zagierk-A-A-i /�94/ SECTION I. AMENDMENTS. 1. Chapter 36, Article III entitled "ACCESSORY USES AND REQUIRE- MENTS," Section 36-58 entitled "Off- street parking requirements,"of the Code of Ordinances of the City of Iowa City, 2zrL--1. -L.�_70 (�1..--e--Ch2 Iowa,be and the same is hereby amended by repealing subsection lall 1) f- and Legal Clerk adding thereto a new subsection (a)(1I f. to read as follows: Subscribed and srn to before me f-Multi-Family Dwellings 1. Where permitted except in the CB- this 'day of9r , A.D. 5 and PAM zones. According to the following table: 19/4. � �� Number of Unit Type Parking Spaces .. .ta-xeeCi., Notary Public Efficiency 1 SHARON STUBBS 1 bedroom 1 • S' ` a —(,S----- (S__Q r 2 bedroom 2 3 bedroom 2 4 bedroom 3 •5 bedroom 4 cQo . 9117/— 10 2. PRM According to the following table: Number of Unit Type Parking Spaces Efficiency 1 1 bedroom 1 2 bedrooms or more 2 3. CB-5 According to the following table: Number of Unit Type Parking Spaces Efficiency 1 1 bedroom 1 2 bedrooms or more 1.5 2. Chapter 36, Article III, Section 36-58 of the Code of Ordinances of the City of Iowa City, Iowa, is further amended by adopting a new subsection fcU21m. to read as follows: m. Parking spaces located on the ground floor or under a building shall be located either within the exterior walls of a building or screened from view from public streets. Features such as masonry walls, earthen berms, or evergreen trees and shrubbery shall be used for screening. 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 18th day of .January, 1994. 4f fplA OR ATTEST:/7Z s.� 71• ,/r,;;/„..,,L, CITE CLERK 447: January 26,199. R Drci (mac{ pe-alel 6� 94-— sk i3 ORDINANCE NO. 94-3607 ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION I ENTITLED "COMMERCIAL PESTICIDE APPLICATION," WHICH ARTICLE SHALL PROVIDE FOR REGULATING COMMERCIAL APPLICATION OF PESTICIDES AND PROVIDE FOR THE ENFORCEMENT THEREOF. SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adopting the following: Section 34-77 Scope and Purpose Iowa state law permits a city to exercise any powers or perform any functions under home rule which the city deems necessary, in order to protect the health, safety and welfare of its citizens; and said home rule extends to the exercise of powers also undertaken by the State where, as here, not pre-empted by State law. The City Council for the City of Iowa City therefore adopts this ordinance concerning commercial application of pesticides to outdoor vegetation, in order to protect the health, safety and welfare of the citizens of Iowa City, Iowa. Section 34-78 Definitions a. "Commercial application" means application of pesticides to the outdoor property of another by a commercial applicator. b. "Commercial applicator" shall mean a person or corporation, and the employees of a person or corporation, certified or licensed in the State of Iowa as a commercial applicator to engage in the business of applying pesticides to the property of another, whether by spraying, misting, fogging, dusting, dragging, spreading or other means, for monetary compensation under Chapter 206, Code of Iowa (1991) and Sections 206-21-45, Iowa Administrative Code (1992). c. "Customer" shall mean a property owner, including residential, commercial, industrial, and governmental subdivision who enters in to a contract with or uses the services of a licensed commercial applicator for the application of pesticides onto the Ordinance No. 94-3607 Page 2 customer's property, and shall also include a person such as an apartment manager, an operator of a property, a responsible party, together with an agent or representative of any property owner or business authorized by the property owner or business to enter into a contract with a licensed commercial applicator. d. "Farm" shall have the same meaning as that set forth in the Iowa City Zoning Ordinance, Chapter 36, Iowa City Code of Ordinances, namely "an area of not less than 10 acres for which the principal use is the growing for sale of farm products such as vegetables, fruits, and grain and their storage on the land. The term "farm" includes the necessary accessory uses and buildings for treating and storing the food produced." e. "Pesticide" shall mean any substance or mixture of substances that must be registered with the Iowa Department of Agriculture and Land Stewardship under Chapter 206, Code of Iowa (1991), but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Pesticides include substances intended for preventing, destroying or repelling insects, nematodes, fungi, weeds and other forms of plant or animal life, except viruses on or in a living person, which are declared by the Iowa Secretary of Agriculture to be a pest. f. "Property" shall mean any lot, lots, tract or parcel of land within the jurisdictional limits of the City of Iowa City, Iowa, excluding farms. Section 34-79 Notification Sign Requirements a. Prior to the commercial application of any pesticides on a customer's property, commercial applicators shall place notification signs on each such customer's property. Said signs shall be of a material that is rain-resistant for at least twenty-four (24) hours,shall be a minimum size of 8.5 inches x 11 Ordinance No. 94-3607 Page 3 inches; shall have bold black lettering on a bright yellow background; shall be easily readable; shall include the date of application; and shall contain cautionary warnings to the public to keep off the treated area using the language and logo established or approved by the Iowa Department of Agriculture. Said signs shall be placed in accordance with state requirements concerning location and spacing, as set forth in the Iowa Administrative Code, and are not required for posting if application of pesticides is within a structure or within six (6) feet of the outside perimeter of a structure. b. After commercial application of pesticides to a customer's property, a commercial applicator shall leave the notification signs in place for at least twenty-four (24) hours. Section 34-80 Registry of Commercial Applicators Prior to application of pesticides within Iowa City, every commercial applicator who applies pesticides to outdoor properties within the City of Iowa City shall first register with the City, and pay a registration fee, as set by Resolution of the City Council. Section 34-81 Penalties Violation of this ordinance shall be deemed a simple misdemeanor, a municipal infraction and an environmental infraction. Said enforcement provisions shall be deemed cumulative in nature, and the City's election of one enforcement provision shall not preclude the City from pursuing another. 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 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. 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. Lf Ordinance No. 94-3607 Page 4 Passed and approved this 18th day of January , 1994. �.� . ' r I MAYOR ATTEST: At . A� CITY CL" CiteApproved byjatWy/Jy s Office /(/9,t n:\IegaRIng\vegecam.ord It was moved by Kubby and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick Pigott Throgmorton • First Consideration 1/4/94 Vote for passage:AYES: Kubby, Pigott, Throgmorton, Horowitz, Novick. NAYS: Lehman, Baker. ABSENT: None. Second Consideration Vote for passage: Date published 1/22/94 Moved by Pigott, seconded by Kubby, that the rul.6requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meet ing at which it is to be finally passed be suspended, the second considera— tion and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton. NAYS: Lehman. ABSENT: None. �vllr rn� YI�.i s (Mit 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. 94-3607 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of January , 19 94 ,all as the same appears of record in my office and19 p published in the Iowa City Press-Citizen on the 22nd day of January_- Dated at Iowa City, Iowa, this 7th day of February , 19 9 94 am Wa2.o,� san Walsh Deputy City Clerk lweleh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (J I9) 356-5000 IOWA CITY IOWA 51360-I8I6 FAX(319) 356-5009 05r ORD. K4'156Cr1 OFFICIAL PUBLICATION 1 ORDINANCE NO. 94-3607 ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, Printer's fee Y.yDIVISION PESTICIE APPLICATION," "COMMERCIAL WHICH ARTICLE SHALL PROVIDE FOR REGULATING CERTIFICATE OF PUBLICATION COMMERCIAL APPLICATION OF PESTICIDES STATE OF IOWA,Johnson County, AND ;PROVIDE FOR THE ENFORCEMENT ss: THEREOF. THE IOWA CITY PRESS-CITIZEN SECTION I. The Code of Ordinances of the FED. ID# 42-0330670 City of Iowa City, Iowa is hereby amended by adopting the following: I, Section 34-77 Scope and Purpose Iowa state law permits a city to exercise Margaret Rios, being duly sworn, any powers or perform any functions under say that I am the legal clerk of home rule which the city deems necessary, in order to protect the health, safety and the IOWA CITY PRESS-CITIZEN, welfare of its citizens; and said home rule a newspaper published in said extends to the exercise of powers also undertaken by the State where,as here,not county, and that a notice, a preempted by State law. The City Council for the City of Iowa City therefore adopts printed copy of which is hereto this ordinance concerning commercial attached, was published in said application of pesticides to outdoor vegetation, in order to protect the health, paper I time(s), on the safety and welfare of the citizens of Iowa City, Iowa. following date(s): Section 34-78 Definitions c a. "Commercial application" means a Df // 95. application of pesticides to the outdoor / property of another by a commercial applicator. b. "Commercial applicator" shall mean a ` person or corporation, and the ,. J •Q employees ofa person or corporation, certified or licensed in the Staateeof Iowa as a commercial applicator to Legal Clerk engage in the business of applying pesticides to the property of another, whether by spraying, misting,fogging. Subscribed and swrn to before me dusting, dragging, spreading or other means, for monetary compensation thisa t4 da of 01 1/‘ A.D. under Chapter 206, Code of Iowa Y , (1991) and Sections 206-21-45, Iowa Administrative Code(1992). 19 , c. "Customer" shall mean a property • / owner, including residential, ' / commercial, industrial, and governmental subdivision who enters in to a contract with or uses the services Notary Public of a licensed commercial applicator for the application of pesticides onto the '4"'� SHARON STUcustomer's property, and shall also include a person such as an apartment " V 6B-1manager, an operator of a property, a responsible party, together with an agent or representative of any property owner or business authorized by the property owner or business to enter into a contract with a licensed commercial applicator. d. "Farm"shall have the same meaning as that set forth in the Iowa City Zoning Ordinance,Chapter 36,Iowa City Code of Ordinances, namely "an area of not less than 10 acres for which the oat). 91- 360 principal use is the growing for sale of farm products such as vegetables, ."ECTION V. EFFECTIVE DATE. This fruits, and grain and their storage on irdinance shall be in full force and effect from the land. The term"farm"includes the and after its final passage, approval and necessary accessory uses and buildings publication, as provided by law. for treating and storing the food Passed and approved this 18th day of produced." January , 1994. e. "Pesticide"shall mean any substance or mixture of substances that must be registered with the Iowa Department of Agriculture end Land Stewardship Af" • under Chapter 206, Code of Iowa MAYOR (1991), but shall not include substances to the extent that they are intended as plant nutrients, trace ATTEST:47/�yC� ��1 -71‘‹ / elements, nutritional chemicals, plant CITY CL2R4< inoculants, and soil amendments. Pesticides include substances intended 4456 January 22,1994 for preventing, destroying or repelling insects, nematodes, fungi, weeds and other forms of plant or animal life, except viruses on or in a living person, which are declared by the Iowa Secretary of Agriculture to be a pest. f. "Property" shall mean any lot, lots, tract or parcel of land within the jurisdictional limits of the City of Iowa City, Iowa,excluding farms. Section 34.79 Notification Sign Requirements a. Prior to the commercial application of any pesticides on a customer's property, commercial applicators shall place notification signs on each such customer's property. Said signs shall be of a material that is rain-resistant for at least twenty-four 124)hours,shall be a minimum size of 8.5 inches x 11 inches; shall have bold black lettering on a bright yellow background;shall be easily readable; shall include the date of application; and shall contain cautionary warnings to the public to keep off the treated area using the language and logo established or approved by the Iowa Department of Agriculture. Said signs shall be placed in accordance with state requirements concerning location and spacing,as set forth in the Iowa Administrative Code, and are not required for posting if application of pesticides is within a structure or within six (61 feet of the outside perimeter of a structure. b. After commercial application of pesticides to a customer's property, a commercial applicator shall leave the notification signs in place for at least twenty-four 124) hours. Section 34-80 Registry of Commercial Applicators Prior to application of pesticides within Iowa City,every commercial applicator who applies pesticides to outdoor properties within the City of Iowa City shall first register with the City,and pay a registration fee, as set by Resolution of the City Council. Section 34-81 Penalties Violation of this ordinance shall be deemed a simple misdemeanor. a municipal infraction and an environmental infraction. Said enforcement provisions shall be deemed cumulative in nature,and the City's election of one enforcement provision shall not preclude the City from pursuing another. 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 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. Vrc1 -IG)-- ORDINANCE NO. 94-3608 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AFFIRMING THE SINGLE- FAMILY CHARACTER OF THE RNC-12, NEIGHBORHOOD CONSERVATION RESIDENTIAL, ZONE AND RESTRICTING THE NUMBER OF PRINCIPAL BUILDINGS PERMITTED ON A LOT IN THE RNC-12 ZONE. WHEREAS, the City Council acknowledges that it intended the RNC-12 Zone to be a single-family residential/duplex zone; and WHEREAS, the requirements of Section 36- 3(f)(1) of the Zoning Ordinance, which permits only one principal building on a lot in single- , family residential zones, should apply to the RNC-12 zone; and WHEREAS, by including multi-family residential dwellings as a provisional use in the RNC-12 Zone, the City intended to allow the continued use of existing multi-family structures as legal conforming uses in the RNC- 12 Zone, not to imply that the RNC-12 zone is a multi-family residential zone; and WHEREAS,the RNC-12 zone does not permit construction of new multi-family residential dwellings. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. A. Chapter 36, Article I entitled "GENERAL," Section 36-3 entitled "General Effect of this chapter" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (f)(1) and adopting a new subsection (f)(1) to read as follows: (f)(1) In the RS zones and the RNC-12 zone, there shall not be more than one (1) principal use or building on a lot. There may, however, be more than one (1) accessory use or structure on a lot. B. Chapter 36, Article II entitled "PRINCIPAL USES AND REQUIREMENTS," Section 36- 10.5 entitled "Neighborhood Conservation Residential Zone (RNC-12)" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (a) and adopting a new subsection (a) to read as follows: 5 Ordinance No. 94-1608 Page 2 (a) Intent. It is the purpose of this zone to stabilize certain existing residential neighborhoods by preserving the predominantly single- family residential character of these neighborhoods and preventing existing multi-family uses within these neighborhoods from becoming non-conforming. C. Chapter 36, Article II, Section 36-10.5 is further amended by repealing subsection (c)(4) and by renumbering subsection (c)(5) to (c)(4), new subsection (c)(4) to read as follows: (c)(4) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 36-55. 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 1st day of February, 1994. s-a sir IV• OR ATTEST:_' CITY CL RK Approved by City Attorney's Office/ /_// _y3 ppdadmintrncl 2.ord It was moved by Novick and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz • X Kubby X Lehman X Novick -r--- Pigott Throgmorton First Consideration 1/4/94 Vote for passage: AYES: Novick, Pigott,Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 1/18/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. Date published 2/9/94 • S • Arlrftm an,„.„--,..4 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. 94-3608 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of February , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of February 19 94 • Dated at Iowa City, Iowa, this 4th day of March , 19 94 . • 214a41 /{• al f4 Susan Walsh Deputy City Clerk lwelsh.ert • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 336.5000 IOWA CITY IOWA 52240-1826 a_ FAX(319) 356-3009 � 5 UA1L/- 7y-iGO y OFFICIAL PUBLICATION SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the ORDINANCE NO. 94-3608 provisions of this Ordinance are hereby repealed. AN ORDINANCE AMENDING THE ZONING SECTION III. SEVERABILITY. If any section, / r ORDINANCE BY AFFIRMING THE SINGLE- provision or part of the Ordinance shall be Printer's fee $ tr ' rPFAMILY CHARACTER OF THE RNC-12, adjudged to be invalid or unconstitutional,such - -- NEIGHBORHOOD CONSERVATION adjudication shall not affect the validity of the RESIDENTIAL,ZONE AND RESTRICTING THE Ordinance as a whole or any section,provision CERTIFICATE OF PUBLICATION NUMBER OF PRINCIPAL BUILDINGS or part thereof not adjudged invalid or PERMITTED ON A LOT IN THE RNC-12 ZONE. unconstitutional. STATE OF IOWA,Johnson County, ss: SECTION IV. EFFECTIVE DATE. This THE IOWA CITY PRESS-CITIZENWHEREAS, the City Council acknowledges Ordinance shall be in effect after its final that it intended the RNC-12 Zone to be a passage,approval and publication,as provided FED. ID# 42-0330670 single-family residential/duplex zone;and by law. WHEREAS,the requirements of Section 36- Passed and approved this 1st day of If 31f)(1)of the Zoning Ordinance,which permits February, 1994. only one principal building on a lot in single- Margaret Rios, being duly sworn family residential zones, should apply to the y ( . - --RNC-12 RNC-12 zone;and !�• t say that I am the legal clerk of WHEREAS, by including multi-family t4AYOR the IOWA CITY PRESS-CITIZEN residential dwellings as a provisional use in the RNC-12 Zone, the City intended to allow the �/ 71r,/[V a newspaper published in said continued use of existing multi-family / 7f• structures as legal conforming uses in the RNC- ATTEST:-71 county, and that a notice, a 12 Zone, not to imply that the RNC-12 zone is CITY CL K printed copy of which is hereto a multi-family residential zone;and WHEREAS,the RNC-12 zone does not permit 12:'0 February 9,1994 attached, was published in said construction of new multi-family residential dwellings. paper / time(s), on the NOW,THEREFORE,BE IT ORDAINED BY THE following date(s): CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: - -^/' n 9r / 7 q r SA(/ AECION I. AMENDMENT. U A. Chapter 36,Article I entitled 'GENERAL,' Section 36-3 entitled "General Effect of this chapter"of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection Ifl(lI and (/' adopting a new subsection(f)it)to read as _>'3"7.. (1.-- --i.JZji v follows: Ifl111 In the RS zones and the RNC-12 Legal Clerk zone, there shall not be more than one ItI principal use or building on a Subscribed and sworn to before me lot. There may, however, be more than one (1) accessory use or this/...9_1:4day of 'F structure on a lot. , A.D. B. Chapter 36, Article II entitled "PRINCIPAL USES AND REQUIREMENTS,"Section y 9 36- 19 10.5 entitled -Neighborhood Conservation e7 / Residential Zone(RNC-121-of the Code of PA-4tINV -1:JLI.6 Ordinances the City ofp Iowa City,Iowa, is hereby amended repealing subsection (a) and adopting a new subsection (a) to Notary Public read as follows: la) Intent. It is the purpose of this zone o'� ,r`'� SHARON STUBBS to stabilize certain existing residential neighborhoods by t` Owl. 2X p• 2 - /3-- 97 preserving the predominantly single- family residential character of these neighborhoods and preventing existing multi-family uses within these neighborhoods from becoming non-conforming. C. Chapter 36, Article II, Section 36-10.5 is further amended by repealing subsection fcll4l and by renumbering subsection 16151 • to(c114), new subsection Ic1141 to read as follows: (c)(4) Zero lot line dwellings and townhouses provided they shall be developed in accordance with Sec. 38-'56: 5 OSA. • ORDINANCE NO. 94-3609 AN ORDINANCE AMENDING CHAPTER 33 ENTITLED "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 33- 10.4 ENTITLED "TAP-ON FEE FOR THE NORTHWEST SANITARY SEWER PROJECT". WHEREAS, Section 33-10.3 of the Code of Ordinances of the City of Iowa City, Iowa authorizes the City to adopt and implement project-specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities; and WHEREAS, collection of costs by way of a tap-on fee ordinance must be based on actual project costs; and WHEREAS, the City completed construction of the Northwest Sanitary Sewer to serve the northwest area of the City within the Clear Creek drainage basin and the costs of construction are now subject to formal collection via the "tap-on fee structure"; and WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefitted by the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. AMENDMENT Chapter 33 entitled "Utilities" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by-adopting a new Section 33-10.4 to read as follows: Section 33-10.4. Tap-on Fee for the Northwest Sanitary Sewer Project a. General project description. The Northwest Sanitary Sewer is a trunk sanitary sewer serving the northwest area of the City within the Clear Creek drainage basin. The Northwest Sanitary Sewer Project ("Project") includes the construction of one lift station, eighteen (18) manholes, and 6,071 lineal feet of sewer pipe ranging in size from eight (8) inches in diameter to forty-two (42) inches in diameter. The City Council determined that installation of the Project would facilitate development of the area generally located north of Melrose Ave. and west of property owned by the University of Iowa since this 6 Ordinance No. 94-3609 Page 2 area was not expected to develop due to the lack of sanitary sewer on the University property. b. Actions taken by City Council in approving the project. On October 2, 1990, the City Council adopted Resolution 90-183 authorizing an agreement with MMS Consultants to design the sewer. On April 2, 1991, the City Council held a public hearing on the plans, specifications, form of contract and cost estimates. Following the public hearing, the Council passed Resolution 91-53 approving the plans and specifications of the project and authorizing advertisement for bids. The City awarded the Northwest Sanitary Sewer Project contract to Maxwell Construction Company on April 22, 1991, by Resolution No. 91- 83. In Resolution 91-293 adopted on December 10, 1991, the City Council accepted the work for improvements covering the Northwest Sanitary Sewer Project. The City Council authorized the issuance of general obligation bonds as interim financing to pay the construction costs of the Project in Resolution No. 90-227. c. Total project cost. The total actual cost of the Project, as certified by the City Engineer, is $807,646.94. This cost includes $213,220.70 in interest costs. d. Total area benefitted. The Northwest Sanitary Sewer Project benefits a total of 865.7 acres. The 865.7 acres has been divided into eight (8) subareas labeled A though H for cost allocation purposes. See Figure 1. e. Building permits. All tap-on fees must be paid prior to connection to the City's sanitary sewer. No building permits shall be issued for any parcel or tract of land located in the benefited area until the property owner or building permit applicant pays the tap-on fee for that parcel or tract. f. Schedule of fees. The following table lists the tap-on fee per acre for the eight subareas in the benefitted area. The fee reflects the actual costs of the benefits associated with each subarea. 6 Ordinance No. 94-3609 Page 3 Subarea Acres Fee per acre A 83.6 $1,137.04 B 75.4 $2,017.44 C 75.8 $2,017.44 D 68.3 $1,243.30 E 296.9 $362.90 F 36.2 $2,017.44 G 194.1 $362.90 H 35.4 $2,107.44 g. Agreements with developers. The City may, in its discretion, enter into agreements with developers subdividing property in the benefitted area, to allow equalization of the tap-on fees among the lots in the subdivision, including agreements for the prepayment of tap-on fees, the payment of tap-on fees on a per lot basis and development sequencing. Such agreements shall not in any way alter the requirements regarding building permits set forth in section e above. h. Maps and illustrations. Figure 1: Project area divided into eight subareas. • Figure 2: Map illustrating the general location of the project area in relation to the Iowa City Comprehensive Plan. Figure 3: Legal description of the Northwest Sanitary Sewer Project. Figure 4a and 4b: Plat of the Northwest Sanitary Sewer Project. Figure 5: Map showing the property benefitted by the Northwest Sanitary Sewer. Figure 6: Legal description of the properties benefitted by the Northwest Sanitary Sewer. Figure 7: City Engineer's cost certification 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 of the provisions of his 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. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from Ordinance No. 94-3609 Page 4 • and after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of March, 1994. /--21-t-< ) k./44€.-0-e--0 MAYOR • ATTEST: ,i? ,e")CITY CL K Approved by City Attorney's Office 1-a7-99 msrshabltapan.ord • V It was moved by Kubby and seconded by Throgimorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz • x Kubby Lehman . g_ Novick Pigott x Throgmorton • First Consideration 2/1/94 • Voteforpassage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 2/15/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Date published 3/9/94 4ais 15_,. _.5 we-v\J\) e_azii ,\\iN.:\\‘\Ri::V ),..- ..±;_v... /-J ij/ TD. I 1 . :.,:".,..N,,...:://.., / /eiiscoviti ..:.:Fil,..11i,.4, —ffivefi:40,1„,,, :"..1/44,,,,,,..-,,,z,,,,,,,..,•t, T. 7 9 N. cs . L__;_,.„ ,, ies' re-1 ,-\\'‘ %k P ‘-';.; •' Y1C_-'---•• --". 77 -'N r )/ ' • •• FIGUR E NO _ 1 . (16:• N.1/. interceptor Areas, ACPES jt.61:;;+:2,; 1 . --t--------‘,22) .,(//esr,..: r v \ \ . .„.1.,..:-- --._ji lir---%-eizr - • `-' l/ . ' ---..): Neil_ ' :" Walnut Ridge : ---. T., r\\ rt,,,, , , -._kii, if , 1/4\,,, , / i a! :1 -tt ciri—r 660—Th.VN„. • . ' --i--;_---;"/ "---------r----rt 17) 11 -71-7 d ..IPC) C 1,.\ Iiiith,--5) r._—k I 14..1/4, if F.-N,_ n- ,,,,_7, 6Lnal '- ID-ORP Zoned Area Li :itch ( .e.:-./ I v finiill..),: I \._ ,_______.. ., - '••, E. -North Part : 296.9 (4,/n\k c,,„..k,, I•it ,,,,,,... N. --00 ss,..„-----_, , ,t 4_, F,:..i....-.:South.Part (Kir .:,Future Resid. Area ,-.=', / __1-1-- --r-Mr,4\\N R ( iff7-3••-,.'L Cs_y_ .4) rn-,\:22:-`2i. N.t.\Mo.:----, , a4-, .)1 0'_.-----, \ . \‘'); G. ' -North Part ' 194.1 4614 / CI: :I % ( 11, I,WI 9..fLij L-4r=3....1) ',, iji/ 11/44 --• crbadill N'-‘7—}gig:,..:•-• 1 1.‘ t\N ‘`-..•".-':_,.,_,--\ H. -South Part tcii‘ N #C- C-- c a kg ii i a) /-----,m '— TOTAL :1 865.7 Cl,. 19‹\,j__. /11\ -Hr •L _j)Lif I RI L1( .?°t( tAb, — A,%_/- C,- .,-, \ kgriva r ),1.I/ tr.."111111111‘00 if\ Ilt-A.1- • c-IN47/i \I ‘qit_ = X -c-r• -I-- s -- ( E•;<.' • \ _ ------, --aes _ •: ' • •' \ \ • \> \NI) Q.,a • ' -'--- ---= L'.\ WV f1C -7- .\-/' I - —^\ -, C3.4' \ I L.n._. . 681n\ '': 3__„ 1 Proposed Northwest. le„.\' U 4 rn- r.1 Or?) s) 4 0' kr,Thk \;j- , t . 7 o o • Interceptor Sewer 1 •-.11'.• 11,r\\a Al tif ...., . ••..0 - ---"").. 11rjl. ..: ••• , 1 1 1 I j ,*eareit I \--..J.00,1ki... •'.- . k-r -k- \-- ' -.--- tc 1\,, inincr t7 114NC1-CrWra . ' ,. 4r\-R-Vi \ p 4, Proposed Interim j• Lift Station -*- .R-dio Tower° : N i , 0. , . • ij, (wsui) . • - 1 „et/ cz '‘ 27 L--,,_ ...__., -e if'NZ 1 .\\PV(/ • ih. th ' ... al < IR? V r-If rEY r) -",\_.. ...,---' fr.„,.;:„,..-- • c, L....... .9..._)i c • ri I '' 4\'.\, cr 'il 0 're- •;s."-c- ,'t .A— . " e" 70 A -\ .7.j. -...._., / ,. ,a Si: • 44 inpenttliiiin : ___a-:: ._‘ _L----\.°- --jc-a__ . 1- -*-nif a ‘‘PL,1 ,i,....___ --fic, _ ____ - ^ : ... Ne_i_tea "-- \._._/ — 1 e tinq. , 77 t 1.7,;3---) "a ed Q°P4,0 to• 0 iatuAtia=A is (wiO‘ -:> , N lIffr)x . 2 \--) . • •Kc c, tr:.-1 f chi & \ ."•=0 1 u n ty°H o m e lir• `ThInis. ."• \\-1 V L..`:\ -I‘, b-N.41 ::ii .‘” 1.wk. , 7 •\..___, c-1:-11\,,A.\. ''l ki _,77-) - I , c;-- - Ahlk,: es.,- . „_,..--:-------In. 1 ; — / , •• 1 —r —75 7<k N..s -. ii,:r1,ill 4. 441 r ,. „_ -\-),_!... q. Eannr,„_„:: : Scale: 1 = 1 C 4612 1 ,_ , ,.. .. _ ..: N.—•:A...\----.<1...%7 8--- -4)... .. .. . 'I g,EiiEl.qt-4a.f.„i4t.j..Mumr2 a.S.:4.1.t.41.. -:4-,4, 'L--•, ' igili ; qc f , , ,...- . ' 4aliillik --- ....... ,„r". .;"-, - .1;;;:,•;;;;,,: 1111111Inil iii:L--it.,..4 r ,,,st, ___,.:__• „...t-, /au ,„, „ ...„--„, ,„„ ,„„„„„, ir I NIVidi -...t. 1......€4. kh /..;;;;•;;;;;;;, „ •• higallIEMMitilittrAIM 11, IL. • _ sr' - . ,,,,, , , „,„„,„„ tn. • 0 00Itmi \- au. . 1,..lualingt;,6-"7:q r.,.. mono itlrotni -.,- ":1, INEWILIE -mwa it -1-9941tilitilmt 111110,t44---retill. L 'I . azakql '.1( li -INF. gilinrsnri, L Ili 1 lja ri t ,1 IN • .. . .- , : _at / likiiik 1,131-!tellat4abisa-wiEED•sit .... 11 \ i - . , . , . ...„..,„makwitlathAitrignini , n Ng . .1:44.96•3EFIELITagMl . .. . - , . _ 1 iraigTvg„.•ffiNifi IMIIIMME A f "illegiaPaMMEM ME it Ita Atoy. "HiatiliklAggr• IM/iiitt---....______1111j „„„„„„„„,„ r SinilaiiiiReiltAitil • i =L.. i 1st -N,s441 1 • .: • ..• -tag-girth:0m . / ...; h. 11111.- --' ' .\ . . -. Ai Vic). • ! Ifiri•••••• ' I ' Ill IP 4'i .„,„„„„,„,„ ' ... Itc.--',-1-4:- • , Liialowool i IA91111 I ,,,,,'inn\ 1111111. , . qiiiiiiiiiiiiiiiil ; • ..f. f.;. .,:. , 1 .-4, •ert...,„„-.ti. 1 1 viviirrAlto anti" ',;nn hif4.1;Z:45:4;ii:iif.:::';;;;;;;,,,, a jt ''V't1". :-.7: ,43•0 I prermi, a ,' nnn, ig.L....lb • %;.}1}..:T}},:;!!!9E5:.:9: ./1. . I/. •i A lit de , gre, ci ...:4,, "7,01,11(11::11:11illiS ,.... 1 •".... .k.. „.. , illitilb 12N ; . .3 .1. r.-.a 111. k ligibligilAilli1111111 -rNN\ Mi.,...- ' :1%'..: %n;#:'*':.\ 0 ' K P. 1,e " - -. 0., • _____ _--iiintr •-• 1 VP AmittN--4.--tk- L -0N an6H I i \ (i-a , trial, -141111r 4 . .., . . .. . , . • • . ._ - • - . . . . . .. . . . • • Figure No. 3 LEGAL DESCRIPTION OF THE NORTHWEST SANITARY SEWER Commencing at a Concrete Monument found at the Northeast Corner of Section 7 , Township 79 North, Range 6 West of the 5th Principal Meridian; thence S00°03 ' 27"E, along the East Line of said Section 7 , 2603 . 16 feet, to a point on the centerline of the existing sanitary sewer; thence S88°59 ' 39"W, along • said centerline, 5 .72 feet, to the existing manhole, which is the Point of Beginning; thence N18°36 ' 50"W, 82 . 98 feet; thence N67°15 ' 43"W, 21 . 00 feet; thence N67°15 ' 43"W, 400. 00 feet; thence N90°00 ' 00"W, 400 .00 feet; thence S80°32 ' 38"W, 400 .00 feet; thence S70°47 ' 26"W, 400 . 13 feet; thence S42°54 ' 48"W, 400 . 00 feet; thence S49°26 ' 49"W, 400 . 00 feet; thence S36°34 ' 17"W, 400 . 45 feet; thence S55°05 ' 12"W, 312. 31 feet, to its intersection with the West Line of the East z of said Section 7 . And also commencing at the Southeast Corner of the Fractional Southwest Quarter of Section 7 , Township 79 North, Range 6 West, of the 5th Principal Meridian, and for the purpose of this Legal Description the South Line of said Southwest Quarter is assumed to bear S89°07 ' 30"W, in accordance with existing Survey Plats of Record; thence N00°22 ' 54"E, along the East Line of said Fractional Southwest Quarter of Section 7 , 1788 . 07 feet, to the termination of the previously described Sanitary Sewer, which is the Point of Beginning; thence S55°22 ' 54"W, 36 . 52 feet; thence S28°03 ' 28"W, 219 . 92 feet; thence S60°32 ' 42"W, 395 . 00 feet; thence S52°02 ' 10"W, 365 . 00 feet; thence S57°59 ' 21"W, 341. 19 feet; thence S65°13 ' 07"W, 258 . 49 feet; thence S02°21 ' 16"W, 400 . 00 feet; thence S24°52 ' 09"E, 263 . 46 feet; thence S56°56 ' 21"E, 318 . 12 feet; thence N89°00 ' 23"E, 103 . 30 feet; thence S0°59 ' 37"E, 142 . 20 feet. 6 NORTHEAST CORNER '1 SECTION 7-179N-RFW-OM PY III Iron Concrete h Con .i. Ind L m ! N 89'56'33' IA 8 d u om u LIN C• V y 12,1 a • O P 'V N 9090'00' W �� �604Y16e..f- _ _ 400.00' H S • CL • �.` i -2.--)-1 rgilt• - SEWER Y7 / 699']9' W 390.01' in . //\ Q. W. h M1ti/ / 0�7� • CL MAW%ETE DRIVE NSI _2 2 60' __3_599tY 5' we! 1 7.e. // H^ IN 8651']9'W X00.00' F en / / g� //�// :o N // / o< */ / n -r7 n /:� Z W / / CD S // a �/ a.5 O J n" y 5 _ yv b nI 1. /// g=` aw / / _ y~n ytii 44' J P. / < L ;;'•�,4 ss aVI \ 0 . vA e . \ \ nd ins-M9tl-11611-L NOLL]]S VI aspNY oh MN IYNOLL]YNL 3M1 JO 31N 1SY3 \ i -- -- _ • 10•09[1 3,15jLOp N ..”...,S.._./..d kc !Pe 8 I.Rq`' v \ \J f vrP1 • . _ \yds\;4, o^ j \' yO . l\y\yp -Ti J, un \•\ O a• O• - n \ - - - s ;^S'1�[ yo �9•i\ \ • C� IR r\ °.‘• 1.1 GI 10\tc i '90,O. �J 1 \ . ] .00 L\ . ,,\ `.tN\ \ W� 10',\ / L! ' rrMj � I E:7I \ \ o I - % -. ^ \ ,..-'1. �.22,iii z II - II - .39'06 15911-N5L'-L N01533S INN LSV TYNOLLJYN3 10 VI 3N ONY Y/6 31 3X61 LfY 3 M.17-09µp • ' Figure No. 5 • V tee. /c ii ':. - -r it.1 's.11,-,.:<•,w j�.\\i I'�ra� A v A I� I \�\ �4<I.f � �•� � � 1� 1%'�_.�I < rw w• •� • 0I`1•„y��L'• i�� ,�1\Mri `�! • •• •i5z �, . -�ti. • •� ' e6\B` '� \•J\\:" `>'[�:5=e = .J I, l� M � /` .'Z7 •u' :6:-F: n�r'�'--t u:ar it • ,--..;_-, 6' r�_ \ ,,,,,,, J/N!' �� -" 1,,,,,,,,,,, tjft: \ /`;' \\\�` b•i 4 • • ,: ;�:. 7. dee •� \ nom' /\,I:. If' •• „cs��Er •.: ,- Ivry 4i 0 :� .�,.,, • • e:N �_- •;:i3.'�-.I ` 1 I j /1 t 'I "�;�l•',9//� \ • \r i - :/ : _5" •/--C.l.q, 1 "fes•: -�-..c7.:”...i., \� e* • •' . .e - _ , + / ,to •:r,-..Q'' � n = - i \ :, LL-, �� R'^` v - f / dao /%s5� �� "Att.- s `� i N's.) im1 c/.Y \. I f r�� 7 -'/A.• :,. Cn.ac: •J �+&lu•'�i I / J ,A\f^ .wiO. ��J"' 'mot 1.- . /` ••$' I. ' .�/ �✓/"� \'\ Q 711 C - - `Ir.\ 'Irel -•J r� ./r �� \�..` S '+_. 11 (' /•r�' ,..?--,A;......,, ,,1p r;.j�v '�`.-�\ � — ^ • '�,C/. 1 `fl-� 'C / o '�'�e1 .j....-.�r-/� �•,iD N .1 V,(' Ia5.J1 --,_„:.--.-1. ,... / f�i S. ° 1 , .1Rad10 Towers : -�... / I T �n l - - ../ �- ��-. h� - 1�-�1� J'�./ Jia ( o ,'o (w5uq �;` 'Ln \a^"',V¢e#6 -- ii, 11 11� (\.:11.:,":9‘:-.7,-,....7-�i , + • I.—S. . \-� r� r•-J, •�''�11i I! T e8 �l",,\" , �.L l~%7 o(�"e < !1(11_ I/ ---rr 1cMv,t ` cy 0 .1,tsi:S CJ �-�•i\ �-• % ,•- 1rf �Rriv • �) !r 1 '>1 in / r I }t: -u ��,�' /, 1 . .r " gni f� . , . . .78-i-+//i— 1 r.. 'o. �. — —'7r �`✓ _ I'/`�r d%•' .._.—. p, ' (`� I :'r '" . n s1���,,rr��. \• unty°51ome 1 t 1I 1 • O•w V,�''Ch �' 11V(J ,`�- 1�p��,I"/ - •, '�� Cj `•-•,�•�'. : - "dl' •"TBS�' / /f' � �•';~p ,�• tl \ n I `. '\ ,v; V\!1 . Y . (j�Mv " If ►;. � � _.lei 1'�,11t --LEI, ;fir (I , �rt3.. p\ ` j � r "� -I-V .�_ A l fii !-��_l 7\L. ,�y o l '�di,.' _. %= it p I ;:. /1 uS • %' - ' ` I _ is,,�• c - 1 ',� =, r'gr 'tudrci i.,S�,G-, �r, � !'°,—i•oa'� _ ` �: tiro\\� ` \\\ w,-14 .� : Jur .11 '/ C \ 1 C \ 1 •/ .r5-'1�,'1.--_--:::::...: _.:.n 33.-.. .b.", ciu �,-r� 1` ,• ( � 1� f\I;•r \.1�I " '`. \��5\' _..:-,51:�,`I': 'fr.,r.__ •'�r,. _ ,-` _. �: '-. - FT\ r,\ rep \' d\� �II \ = - I1- Figure No. 6 NORTHWEST INTERCEPTOR SEWER SERVICE AREA DESCRIPTION TOTAL SERVICE AREA A portion of the South Half of the Southwest Quarter of Section 6 , Township 79 -North, Range 8 West of the 5th Principal Meridian described as follows: Beginning at a point in the center of the fenced highway a distance of 787 feet N7'30 'W of the Southwest Corner of Section 6 , Township 79 North, Range 6 West 'of the 5th Principle Meridian; Thence N82'30' E, 1835 . 2 feet; Thence S13'26 'W, 919 feet; Thence S85' 10'W, 1502.5 feet to the Southwest Corner of said Section 6 , Thence N7'30'W, 787 feet to the Point of Begin- ning, all in the SW 1/4 of said Section 6 . AND ALSO: The West Half of the Fractional Northwest Quarter and the West Half of the Fractional Southwest Quarter of Section 7 , Township 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 25.0 Acres, more or less acquired for road purposes by condemnation proceedings Recorded in Book 698, at Page 303 of the Records of the Johnson County Recorder's Office. AND ALSO: The Southwest Quarter of the Southeast Quarter of Section 1 ,- Township 79 North, Range 7 West of the 5th Principal Meridian AND ALSO: All that Portion of Parcels A , 8 , and C of Clear Creek Subdivision as Recorded in Plat Book 25, Page 53 , of the Records of the Johnson County Recorder' s Office, contained within Section . 12, Township 79 North, Range 7 West of the 5th Principal Meridian , EXCEPTING THEREFROM 6 . 33 acres of Right-of-way easements, Recorded in Book 597 , at Pages 22 through 27 of the Records of the Johnson County Recorder's Office. AND ALSO: All that portion of Lot 1 of Charbon ' s Second Subdivision , as Recorded in Plat Book 27 , at Page 30 of the Records of the Johnson County Recorder' s Office , contained within the Northwest Quarter of the Northwest Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian , which is more particularly described as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence N89'22 '30"E, along the North Line of the Northwest Quarter of said Section 12 , 397 .44 feet, to its intersection with the Northeasterly Right-of-way Line of the existing Secondary Road, on the Southwesterly Line of Lot 1 of Charbon' s Second Subdivision as Recorded in Plat Book 27 , at Page 30, of the Records of the Johnson County Recorder's Office, which point is the Point of Beginning ; • 7 Thence N89.22'30"E, along said North Line, 924 .01 feet, to its intersectior with the East Line of said Lot 1 ; Thence 500'23 ' 47"E , along said East Line , 929 . 77 feet , to the Southeast Corner of said Lot 1 ; Thence N47 ' 12 ' 00"W , along the Southwesterly Line of said Lot 1 , 930 . 30 feet; Thence N40'45 '00"W, along said Southwesterly Line , 379 . 61 feet, to the Point of Beginning. Said tract of land contains 10.32 acres, more or less, and is subject to easements and restrictions of record. AND ALSO: A parcel of land located in the NW 1 /4 SE 1/4 of Section 12 , Township 79 North , Range 7 West of the 5th Principal Meridian , City of Iowa City , Johnson County, Iowa, described as follows: Beginning at the SW Corner of the NW 1/4 SE 1/4 of said Section 12; Thence N00'22'W, 988.0 feet along the West Line of said NW 1/4 SE 1/4; Thence S52'43 'E, 885.0 feet; Thence S47'38.5 'E, 652. 2 ft. to the South Line of said NW 1/4 SE 1/4; Thence S89'24'W, 1179.8 feet along said South Line, to the Point of Beginning; containing 13.97 acres, more or less. AND ALSO: The South half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian. EXCEPTING THEREFROM 24. 1 acres of existing Road Right-of-way conveyed by Fee and Easements of Record and Recorded in Book 602, at Page 72, of the Records of the Johnson County Recorder's Office. AND ALSO: The East half of the Northwest Quarter and the East Half of the Southwest Quarter of Section 7 , Township 79 North, Range 6 West of the 5th Principal Meridian. AND ALSO: The Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Fractional Northwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 5. 4 Acres of Existing Road Right-of-way conveyed by Fee and Easements of Record, and Recorded in Book 698 , at Page 328 , of the Records of the Johnson County Recorder's Office. Figure No. 7 COST CERTIFICATION I, Richard A. Fosse, City Engineer for the City of Iowa City, Iowa, hereby certify that construction of the Northwest Sanitary Sewer Project has been completed in substantial accordance with the approved plans and specifications. I further certify that the total actual cost of the Northwest Sanitary Sewer Project is $807,646.94. This cost includes $213,220.70 in interest costs. Richard A. Fosse, P.E. City Engineer • Jo • i3 o r:-.4.4:r_AstorTo.mie • 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. 94-3609 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of March 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of March 19 94 • Dated at Iowa City, Iowa, this 15th day of April , 1 9 94 . „LEM/ )(1' a4/4.4 Susan Walsh Deputy City Clerk lwelsh.ert CIVIC CENTER • 410E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 5 2240-1876 a FAX(JI9) 356-5009 (DKV - 1`1-4-3aav I SECTION 1. AMENDMENT Chapter 33 / 0 entitled'Utilities"of the Code of Ordinances of the City of Iowa City,Iowa,is hereby amended X71 Agreements with developers. The City by'adopting a new Section 33-10.4 to read as ,may. in its- discretion, enter into follows. agreements with developers subdividing / t Printer's fee $ O�cp Section 33-10.4. Tap-on Fee for the property in the benefitted area, to allow Northwest Sanitary Sewer Project equalization of the taD on fees among the a. General project description.The Northwest lots in the subdivision, including CERTIFICATE OF PUBLICATIONN • Sanitary Sewer is a trunk sanitary sewer agreements for the prepayment of tap-on serving the northwest area of the City fees, the payment of tap-on fees on a per STATE OF IOWA,Johnson County, ss: within the Clear Creek drainage basin. The lot basis and development sequencing. THE IOWA CITY PRESS-CITIZEN Northwest Sanitary Sewer Project Such agreements shall not in any way alter the requirements regarding building permits ("Prolect")includes the construction of one lift station, eighteen (181 manholes, and set forth in section e above. FED. ID# 42-0330670 6,071 lineal feet of sewer pipe ranging in q,Maps and illustrations. I size from eight (8) inches in diameter to Figure 1: Project area divided into eight forty-two(421 inches in diameter. subareas. Margaret Rios, being duly sworn, The City Council determined that Figure 2: Map illustrating the general installation of the Project would facilitate location of the project area in relation to say that I am the legal clerk of the Iowa City Comprehensive Plan. development of the area generally located the IOWA CITY PRESS-CITIZEN, north of Melrose Ave.and west of property Figure 3: Legal description of the Northwest Sanitary Sewer Project. a newspaperpublished in said owned by the University of Iowa since this 9 area was not expected to develop due to Figure 4a and 4b: Plat of the Northwest Sanitary Sewer Project. county, and that a notice, a the lack of sanitary sewer on the University Figure 5: Map showing the property property. printed copy of which is hereto b. Actions taken by City Council in approving benefitted by the Northwest Sanitary the project. On October 2, 1990, the City Sewer. attached, was published in said Council adopted Resolution 90-183 Figure 6: Legal description of the Iauthorizing an agreement with MMS properties benefitted by the Northwest paper time(s), on the Consultants to design the sewer. On April Sanitary Sewer. following date(s): 2, 1991, the City Council held a public Figure 7: City Engineer's cost . hearing on the plans, specifications, form certification �f7� fes. 6 /9:9r SECTION II. REPEALER. All ordinances or f/� / of contract and cost estimates. Following the public hearing, the Council passed parts of ordinances in conflict with the Resolution 91-53 approving the plans and provisions of this Ordinance are hereby specifications of the project and authorizing advertisement for bids. The City awarded OFFICIAL PUBLICATION ! 732 the Northwest Sanitary Sewer Project 6 contract to Maxwell Construction Company repealed. on April 22, 1991, by Resolution No. 91- SECTION III. SEVERABILITY. If any of the Legal Clerk 83. In Resolution 91-293 adopted on provisions of his Ordinance are for any reason December 10, 1991, the City Council declared illegal or void, then the lawful accepted the work for improvements provisions of this Ordinance are deemed Subscribed and sworn to before me covering the Northwest Sanitary Sewer severable and shall remain in full force and Project. effect. The City Council authorized the issuance SECTION IV. EFFECTIVE DATE. This this 7 day of w , A.D. of general obligation bonds as interim Ordinance shall be in full force and effect from /1/, financing to pay the construction costs of and after its final passage, approval and 19(fa�� the Project n Resolution No 90-227 publication, as orovided by law. c. Total project cost. The total actual cost of • the Project. as certified by the City .. - / / ' Engineer. is $807,646.94. This cost OFFICIAL PUBLICATION includes $213,220.70 in interest costs. Passed and approved this 1st day of March, • • -blitd. Total area benefitted. The Northwest 1994. ,•' SHARON STUBBS Sanitary Sewer Project benefits a total of 865.7 acres. The 865.7 acres has been • :..r• be,, , 2- f S- 9 divided into eight !81 subareas labeled A . �-)"'""'"-/ ✓''' `'/ihP`+p -C' though H for cost allocation purposes. See MAYOR Figure 1. l OFFICIAL PUBLICATION /� ATTEST: �L-tca ac) 2t-t� OFFICIAL PUBLICATION e. Building permits. All tap-on fees must be CITY CL�K paid prior to connection to the City's ORDINANCE NO. 94-3609 sanitary sewer. No building permits shall be issued for any parcel or tract of land AN ORDINANCE AMENDING CHAPTER 33 located in the benefited area until the ENTITLED "UTILITIES" OF THE CODE OF property owner or building permit applicant ORDINANCES OF THE CITY OF IOWA CITY, pays the tap-on fee for that parcel or tract. IOWA. BY ADOPTING A NEW SECTION 33- f. Schedule of fees. The following table lists 10.4 ENTITLED "TAP-ON FEE FOR THE the tap-on fee per acre for the eight NORTHWEST SANITARY SEWER PROJECT". subareas in the benefitted area. The fee reflects the actual costs of the benefits WHEREAS, Section 33-10.3 of the Code of associated with each subarea. Ordinances of the City of Iowa City, Iowa authorizes the City to adopt and implement Subarea Acres Fee per acre project-specific tap-on fee ordinances to provide for the equitable apportionment of A 83.6 $1,137.04 costs associated with extension of public B 75.4 $2,017.44 utilities; and C 75.8 $2.017.44 WHEREAS, collection of costs by way of a 0 68.3 $1,243.30 tap-on fee ordinance must be based on actual E 296.9 $362.90 project costs;and F 36.2 $2,017.44 WHEREAS, the City completed construction G 194.1 $362.90 of the Northwest Sanitary Sewer to serve the H 35.4 $2,107.44 northwest area of the City within the Clear Creek drainage basin and the costs of construction are now subject to formal collection via the"tap-on fee structure";and 9 WHEREAS, it is in the public interest to equitably apportion the costs associated with extension of sanitary sewer to those properties benefitted by the extension. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF_IOWA CITY, IOWA, THAT: n ()RD . 9q-,36 a 9 a0-/ Co ,615;‘5 ' S 1 �• I �' f 'ralvilIe , j lL 111 I7-1.j'::'.:,‘:1\1I 7e::7.11.. t,--_—_.3e(7 • f\.4.I Tt•l 7 , .- ` T.„N - ✓_. _ , I<' ''. F 'ted o \ ) .••\ tJ i t I I.\ r ,\�� /�.._ � e1? N I( , I _I'I FIGURE NO. t rg, N w Inttrteat"Area . "c'r- f-_yI I ' •',,,,,.'.:-.. j/ ' ' ,:f----..., walnut ITIr A% ' Ii-,* \)11 CCC.......--....-7.......-, �'11 1 �I�_1 )` C /....-, /�-�)� A. -Nor tll MAI! 6z 6fi•ii '. / V� i rl I { a t �1l , \\``.V e. -scut:Half Is., f= rti;,7 'Vr1 C, ;l_l ifn.i/'//(,I. . ,�/��/1., � %J\/ 660rV C. Galva/w111s 75 a I . ��jl:/� ,•�� �i.�-}fi(((r •J�/ • �� %�f51`XII 1 r�.CR�+� G. West of nwf:IB 68.3 `_' �'-, 3sy' J f f 40,••,rri\\. I J�, f0-°RP 2one6 Area —ri J— n le -2 �`` \ l 1i 1 •\' 1 I E. -North pert 196.9 1� y �l \ (y/�� /!!!___ _. Il�� �.. \�\/� 1 I 1���: - )l�,-'1\ �I F. -SOuth Part _ 56.2 _c i �l'I r' I Y�I I f/%''' '7-01\ ,`1�a :l',�l'•1-.1 l l l /\n .J :Futuro Res,d. Area ..—., r('y \� ��� yr '( "�' G. -Ilorth Pert 191.1 16)4 ^<u' � 7 '1 ' 15✓e � 1 '(,/ ���d;,• • . - iM °I. A 1--6• ^=f \7 G 40 I ��` 1 .{ � �� /L-' i-/�� r000sea north.est f I -I, 7 `�` h]�\ 7°°^--- - �.1 cert ctor Saver h. t ��t� C 1l�� ��r r ' ' orocc:.a cni:,t 1J �' I ..I ��� /r � - I I, _�ilk . ��!`� `�� i ) Oet stA , R.dw TowerS i. N N I, V -----)--1,• �. / ice`- ` ,.:�1-.r1-� " — °_ -t ,i3-11 - , _ , /,r 1 ,.\ _,.J) `. 4 %p _�, I I-,-. • d, �t n I \ :t:-;.::, G� fir g �r (o C V r /� v B I E 1, '�:�I A �- 1 ( .... - 3, _/ JQjti �/C i11 �% �,�', I � �Vtli� � 1 (�! 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W-136.67 3Of61 Figure No. 3 LEGAL DESCRIPTION OF THE NORTHWEST SANITARY SEWER Commencing at a Concrete Monument found at the Northeast Corner of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S00°03'27"E, along the East Line of said Section 7, 2603.16 feet, to a point on the centerline of the existing sanitary sewer; thence S88°59'39"W, along said :enterline, 5.72 feet, to the existing manhole, which is the Point of Beginning; thence N18°36'50"W, 82.98 feet; thence N67°15'43"W, 21.00 feet; thence N67°15'43"W, 400.00 feet; thence N90°00'00"W, 400.00 feet; thence S80°32'38"W, 400.00 feet; thence ' S70°47'26"W, 400.13 feet; thence S42°54'48"w, 400.00 feet; thence S49°26'49"W, 400.00 feet; thence S36°34'17"w, 400.45 feet; thence S55°05'12"W, 312.31 feet, to its intersection with the West Line of the East } of said Section 7. And also commencing at the Southeast Corner of the Fractional Southwest Quarter of Section 7, Township 79 North, Range 6 West, of the 5th Principal Meridian, and for the purpose of this Legal Description the South Line of said Southwest Quarter is assumed I to bear S89°07'30"W, in accordance with existing Survey Plats of Record; thence N00°22'54"E, along the East Line of said I Fractional Southwest Quarter of Section 7, 1788.07 feet, to the termination of the previously described Sanitary Sewer, which is the Point of Beginning; thence S55°22'54"W, 36.52 feet; thence S28°03'28"W, 219.92 feet; thence S60°32'42"W, 395.00 feet; thence 1 S52°02'10"W, 365.00 feet; thence S57°59'21"w, 341.19 feet; thence S65°13'07"W, 258.49 feet; thence S02°21'16"W, 400.00 feet; thence S24°52'09"E, 263.46 feet; thence S56°56'21"E, 318.12 feet; thence N89°00'23"E, 103.30 feet; thence S0°59'37"E, 142.20 feet. !7) Figure No. 4b `\\.vg MSI UK(AV '/2 SIcuON 1179,1-R6>r-SM PIA ♦: n \* . ., .,„:: .resoa.Ic.w 4 "':"`k,`ty\ r r i 4.�C-. ♦ \ 4\Y. ` \s\s 40.\t i i i i i i i iL Mc `\\mss.. I R !f'd l� $ ..I ; V\c � gl C d • - I f 1, . ' •••• I A 1 J 1 III i a SI 01Y' $111 I• .. l .1 ' 1 /1.V;i II g 2I y 11' 1 � .;)1 ir-i L age i a V F: ��N<C t sa.'sp�S:° 1. • . wr,�wr COM01 •,os.s.9 s i.. 2 77S •g a:r s-nine..-eso nr anls .s n..w,isos r crc - .11.I- n coin a .n sr % r�'''' _1I/r, ot IIs �'• - 'I l V t M 0 I 3 W.'S♦W..ns / ~ 8 C l ...wle w..w."�\ N „,,,,,:r ~ et •oN aJr16ij 8 I Al i .:,+. .I1.' .W 'N i oa.o. 9V-36.0-7 Figure No. 6 NORTHWEST INTERCEPTOR SEWER 5 0/ /- SERVICE AREA DESCRIPTION lf/ TOTAL SERVICE AREA A portion of the South Half of the Southwest Quarter of Section 6, Township 79 North, Range 8 West of the 5th Principal Meridian described as follows: Beginning at a point in the center of the fenced highway a distance of 787 feet N7'30'w of the Southwest Corner of Section 6, Township 79 North, Range 6 West of the 5th Principle Meridian; Thence N82'30'E, 1835.2 feet; Thence 513'26'W, 919 feet; Thence 585'10'W, 1502.5 feet to the Southwest Corner of said Section 6, Thence N7'30'W, 787 feet to the Voint of Begin- ning, all in the SW 1/4 of said Section 6. AND ALSO: The West Half of the Fractional Northwest Quarter and the West Half of the Fractional Southwest Quarter of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 25.0 Acres, more or less acquired for road purposes by condemnation proceedings Recorded in Book 698, at Page 303 of the Records of the Johnson County Recorder's Office. AND ALSO: The Southwest Quarter of the Southeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th Principal Meridian AND ALSO: All that Portion of Parcels A, B, and C of Clear Creek Subdivision as Recorded in Plat Book 25, Page 53, of the Records of the Johnson County Recorder's Office, contained within Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, EXCEPTING THEREFROM 6.33 acres of Right-of-way easements, Recorded in Book 597, at Pages 22 through 27 of the Records of the Johnson County Recorder's Office. AND ALSO: All that portion of Lot 1 of Charbon's Second Subdivision, as Recorded in Plat Book 27, at Page 30 of the Records of the Johnson County Recorder's Office, contained within the Northwest Quarter of the Northwest Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian, which is more particularly described as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence N89'22'30E, along the North Line of the Northwest Quarter of said Section 12, 397,44 feet, to its Intersection with the Northeasterly Right-of-way Line of the existing Secondary] Road, on the Southwesterly Line of Lot 1 of Charbon's Second Subdivision as Recorded in Plat Book 27, at Page 30, of the Records of the Johnson County Recorder's Office, which point is the Point of Beginning; OFFICIAL PLBLICATION OFFICIAL PUBLICATION Thence N89'22'30"E, along said North Line, 924.01 feet, to its intersection with the East Line of said Lot 1: Thence S00'23'47"E, along said East Line, 929.77 feet, to the Southeast Corner of said Lot 1; Thence N47'12'00"w, along the Southwesterly Line of said Lot 1, 930.30 feet; Thence N40'45'00"W. along said Southwesterly Line, 379.61 feet, to the Point of Beginning. Said tract of land contains 10.32 acres, more or loss, and is subject to easements and restrictions of record. AND ALSO: • A parcel of land located in the NW 1/4 SE 1/4 of Section 12, Township 79 • North, Range 7 West of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa, described as follows: Beginning at the SW Corner of the NW 1/4 SE 1/4 of said Section 12; Thence N00'22'W, 988.0 feet along the West Line of said NW 1/4 SE 1/4; Thence 552'43'E, 885.0 feet; Thence S47'38.5'E, 652.2 ft. to the South Line of said NW 1/4 SE 1/4; Thence 589'24'W, 1179.0 feet along said South Line, to the Point of Beginning; containing 13.97 acres, more or less. AND ALSO: The South half of the Southeast Quarter of Section 12, Township 79 North, Range 7 West of the 5th Principal Meridian. EXCEPTING THEREFROM 24.1 acres of existing Road Right-of-way conveyed by Fee and Easements of Record and Recorded in Book 602, at Page 72, of the Records of the Johnson County Recorder's Office. AND ALSO: The East half of the Northwest Quarter and the East Half of the Southwest Quarter of Section 7, Township 79 North, Range 6 West of the 5th Principal Meridian. AND ALSO: The Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Fractional Northwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th Principal Meridian. EXCEPTING THEREFROM 5.4 Acres of Existing Road Right-of-way conveyed by Fee and Easements of Record, and Recorded in Book 698, at Page 328, of the Records of the Johnson County Recorder's Office. ! n 0Kv• 7 - 5 (i U 1 6 of Y Figure No. 5 � `f ` �• ,• ...'•-` 7-2-, . .\__"- '1._"- - " 1 1�� ','-1)\ Il '`I • r , n • � /- „ r.;= ) ``- • � \� • ' N='- Lhi .• .� .t ;��jn " �▪ I , k �em � 6- i• ,,�, � i t � .._, + us �p .,7-44,-,-„,__,,,„, .b 441:ir--,- -1,=-.. .-• Y-- .--,--,,,-...--4 ., --i, mi,:-... .. ..,.. ., ,... ..... 4----) ,....._a., ,.,r 7.2 , \ : e, w rTn� y� \ / i,C �W. w \� 7- V/ „. ..,,,,),‘:.\E-1,......-,:',' 'itP6t�ln q�F, e• ., ' �-,=:! �r.�s _l. ,.f.-•. �i.?1.1�� ' :' ' 'r� •=.."•,-•"!. �`i7-:f7'. Y•\�' o� .. `���,.--�a ,mss+ Li..1,?3".•,_!\,:''.! •;S \•-:----•.. ;ifit& .• • • • •••••.-... -4r,ch.. 1'7....-•• Ite 4W. ..3,....,- \ 1 ---=.• ; , . •-=.70----\--\- 1"--,114--,-___ tcc:-.2.,.,,,-,73w._ of ':!" � Com, � _ Y`.ji3iR�7. r.�'``:: z. M 1 9 917 Iv �, 'N., 't.,...-..:.._. .."-- ` \� F— l .1 FN' '-� 1 . //• / :R .se Tem? •1 �r `151�� iWi.._ .w4.N �� -, ^ F7 tf'N`i' J: ..0 y� - o ,_ IwSUi1 lr ' iii j, L. e M1 .i 144:r� --�3 O 2.:,,,)......, -c _X 4\✓ (r -%G' i $ rt3 I r�i "^ .w�., " ' 'Mr.!) ''` r.)til 'Ili 1 � -• '''F1 _a. �".,'� U13 '� ' J r Y :. iiki1i J-,orr. e. igilt i".k. i\M•irlerja_n \ 54z �1fin „ ++ y -Gr 04 + 4'a'_-- .e XJ :---:.;,7%• --_--,.i (w. �lyz _1,• -I a .•Ahr,.. ' \ �� f �r-a ' l�ri 46. .*Ii_...„ ati\�{f A�� ? i.� _ i�Yn _ l ,.,L..‘,._ v- '� �. N.'�'! �\t' n �1 x (, ( 4. ', ' 1"/P' . (r'--11/1, r -- ----."..., 3•1,...,;•-• L's. ,Ti ,,,._.41',,,,,./14.77x----.. u St_: i" �1��t� .\\1, .\�3.„,..,7,-..:.,,!:54..., • 0448 March 9,1994 Figure No. 7 COST CERTIFICATION I,Richard A.Fosse,City Engineer for the City of Iowa City,Iowa,hereby certify that' construction of the Northwest Sanitary Sewer Project has been completed in substantial accordance with the approved plans and specifications. I further certify that the total actual cost of the Northwest Sanitary Sewer Project is $807,646.94. This cost includes 5213,220.70 in interest costs. • Richard'A. Fosse, P.E. City Engineer ( 72 Crl 1 K ORDINANCE NO. 94-3610 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF IOWA CITY, • IOWA, ENTITLED "ZONING," BY AMENDING SECTION 36-9, ENTITLED "FACTORY BUILT HOUSING RESIDENTIAL (RFBH) ZONE," SECTION 36-58, ENTITLED "OFF-STREET PARKING REQUIREMENTS," AND SECTION 36- 62, ENTITLED "PERMITTED SIGNS," WHEREAS, it may be desirable to allow limited commercial uses within the RFBH zone to serve the residents df the zone; and WHEREAS, the Planning and - Zoning Commission recommended allowing limited commercial uses as provisional uses within the RFBH zone. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Chapter 36,Article II,entitled "PRINCIPAL USES AND REQUIREMENTS," Section 36- 9, entitled "Factory Built Housing Residential (RFBH) Zone," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by repealing Section 36-9 and adding thereto a new Section 36-9 to read as follows: Sec. 36-9. Factory Built Housing Residential (RFBH) Zone. (a) Intent. The Factory-Built Housing Residential (RFBH) zone is designed to provide for the placement of manufactured homes, mobile homes and modular homes within factory-built housing parks, or upon individually subdivided lots with a lot size smaller than that allowed in other zones permitting single-family dwellings. The RFBH zone also provides a location for the placement of those mobile homes which are not classified as manufactured homes and may not comply with the building, electrical, plumbing, or housing codes, and for those factory-built homes which do not have a minimum building width of 20 feet. In addition, the zone provides for the integration of limited commercial and service uses to serve the residents of the zone. (b) Permitted uses. (1) Manufactured homes. (2) Mobile homes. (3) Modular homes. • • (c) Provisional uses. (1) In RFBH zones which are a minimum of 80 acres in size, the following • Ordinance No. 94-3610 Page 2 uses may be permitted, provided they comply with the requirements set forth in Sec. 36-9(g): ' a. convenience groceries limited to no more than 4,000 square feet. b. barber shops and beauty parlors limited to four chairs. • c. laundry and dry cleaning establishments limited to coin- operated machines and pick-up and • delivery services. d. U.S. Postal stations. e. video rental stores. f. restaurants, except drive-in facilities, limited to 1,000 square feet. g. enclosed storage facilities distributed in clusters throughout the development,provided that individual storage compartments shall not exceed 200 square feet in area and there are no more than .5 storage compartments per dwelling unit. h. a common storage yard specifically designed for the storage of special vehicles of residents of the zone. (2) Family care facilities. (3) Manufactured homes, Mobile homes and Modular homes with a maximum of one (1) roomer provided that one (1) additional off-street parking space shall be furnished. (d) Special exceptions. (1) Child care facilities subject to the requirements of Sec. 36-55. (2) Filling stations associated with convenience grocery stores permitted under Section 36-9(c)(1), provided that no part of the filling station shall be located within 120 feet of a lot line or a lease line of an existing or proposed residential use. (3) Neighborhood centers subject to the requirements of Sec. 36-55. (4) Public utilities. (5) Religious institutions subject to the • requirements of Sec. 36-55. (6) Schools - generalized private instruction. (e) Dimensional requirements. (1) Minimum lot area: 4,000 sq. ft. (2) Minimum lot width: 35 ft. (3) Minimum lot frontage: 20 ft. on a public street or an officially approved place. (4) Minimum yards: Front - 20 ft. Side - 5 ft. 7 Ordinance No. 94-3610 Page 3 Rear - 20 ft. or 30 ft. at RFBH Zone boundary (5) Maximum building bulk: Height - 25 ft. Building coverage - 40% Floor area ratio - None (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 uses 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) In no instance shall an area zoned RFBH be less than 10 acres. (2) Manufactured housing parks shall comply with the provisions of Chapter 22 of the Code of Ordinances and the provisions of the Code of Iowa. (3) The following provisions are intended to help ensure that commercial and service uses within an RFBH zone are compatible in scale and design with a residential neighborhood. Prior to submitting a request for a building permit or installing storage facilities, the developer shall participate in a pre-application 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 or the installation of storage facilities, a site plan and elevation drawings demonstrating compliance with the following 7 Ordinance No. 94-3610 Page 4 guidelines shall be submitted to the City for approval by the Director of Planning and 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. a. A minimum of 25% of the residential units within the development must be in place prior to the development of commercial or service uses within the development. b. Commercial and service uses shall not exceed 5% of the land area of the RFBH development or five acres, whichever is less. c. The design of the development shall provide adequate landscaping and buffer yards between dwellings and the uses permitted in Section 36- 9(c)(7) to screen the uses from view of adjacent and abutting dwellings. The use of berms and evergreen vegetation, walls and fences may be used to achieve this requirement. d. The pedestrian orientation of • commercial and service uses shall be encouraged through site design, building placement and sidewalk construction. 2. Chapter 36, Article III, entitled "ACCESSORY USES AND REQUIRE- • MENTS," 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 subsections (a)12)g., (a)(21h., (a)(2)q., and (a)(2)s. and adding thereto new subsections (a)(2)g., (a)(2)h., (a)(2)q., and (a)(2)s. to read as follows: 7 Ordinance No. 94-3610 Page 5 g. Grocery stores & 1. Where permitted One (1) parking space for each supermarkets except CB-5 and 180 square feet of floor area. RFBH 2. CB-5 None required but where pro- vided a maximum of one (1) parking space for each 500 square feet of floor area shall be permitted. . 3. RFBH One (1) parking space for each 300 square feet of floor area. h. Laundry & dry cleaning 1. Where permitted One (1) parking space for each establishments (coin except CB-5 and two (2) laundry and/or dry operated) RFBH cleaning machines. 2. CB-5 None required but where pro- ' vided a' maximum of one (1) parking space for each 500 square feet of floor area shall be permitted. 3. RFBH One (1) parking space for each 300 square feet of floor area. q. Restaurants & estab- 1. Where permitted One (1) parking space for each lishments dispensing except CB-5 and 150 square feet of floor area, or food or beverage for RFBH parking spaces equal in number consumption on the to one-third (1/3) the occupant premises load of the seating area, whichever is less. 2. CB-5 None required but where pro- vided a maximum of one (1) parking space for each 500 square feet of floor area shall be permitted. • 3. RFBH One (1) parking space for each 300 square feet of floor area. s. Retail stores and . 1. Where permitted One (1) parking space for each shops (other than except CB-5 and 200 square feet of retail floor listed) RFBH area. • • 2. CB-5 None required but where pro- vided a maximum of one (1) • parking space for each 500 square feet of floor area shall be permitted. 3. RFBH One (1) parking space for each 300 square feet of floor area. 7 Ordinance No. 94-3610 Page 6 3. Chapter 36, Article III, Section 36-58 of the Code of Ordinances of the City of Iowa City, Iowa, is further amended by repealing subsection (g)12)a. and adding thereto a new subsection (g)(2)a. to read as follows: (2) Requirements. In the RR-1, RS-5, RS-8, RS-12, RNC-12, and RFBH zones, special vehicle storage shall comply with the following requirements: a. No special vehicle may be stored in a front yard, except on a regularly constructed aisle for a period of no more than four days for the purpose of loading and unloading. 4. Chapter 36, Article III, 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 adding thereto a new subsection (c)(1)(a)6. to read as follows: 6. Non-residential uses in the RFBH zone shall be permitted signage in accordance with the requirements of Sec. 36- 62(c)(1.1). 5. Chapter 36, Article III, Section 36-62 of the Code of Ordinances of the City of Iowa City, Iowa, is further amended by repealing subsection (c)(1)c. and adding thereto a new subsection (c)(1)c. to read as follows: c. Dimensional requirements. 1. Sign: Facia (in ID-RS, RR-1, RS-5, RS-8, RFBH-residential uses only, RS- 12 and RNC-12 zones). Maximum area: 4 sq. ft. Maximum height: Top of first story. 2. Sign: Facia (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and PRM zones). (Ord. #92-3549, 9/15/92) Maximum area: 12 sq. ft. Maximum height: Top of first story. 3. Sign: Monument (in ID-RS, RR-1, RS-5, RS-8, RFBH-residential uses only, RS-12 and RNC-12 zones). Maximum area: 24 sq. ft., or 12 sq. ft. per sign face. Maximum height: Five (5) feet. 4. Sign: Monument (in ID-RM, Rm-12, Rm-20, RNC-20, RM-44 and PRM Zones). Maximum area: Forty eight (48) square feet, or twenty four (24) square feet per sign face. Maximum height: Five feet (5'). 7 Ordinance No. 94-3610 Page 7 5. Sign: Awning (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and PRM Zones). Maximum area: Twenty five percent (25%) of the surface of the-awning Or twelve (12) square feet, whichever is less. Maximum height: Top of first story. 6. Chapter 36, Article Ill, Section 36-62 of the Code of Ordinances of the City of Iowa City, Iowa is further amended by adopting a new subsection (c)(1.1) to read as follows: (1.1) RFBH zone regulations for non- residential uses. a. Permitted signs. 1. Facia signs. 2. Canopy signs. • 3. Monument signs. 4. Awning signs. 5. 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 one (1) square feet per lineal foot of lot frontage or 20 square feet (10 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. 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 not to exceed 20 square feet. 2. Individual signage allowances. a. Sign: Facia. Maximum Area: Fifteen percent (15%) of the sign wall area not to exceed 20 square feet. Maximum Height: Top of first story. b. Sign: Canopy. Maximum Area: Eight (8) square feet. Maximum Height: Top of first story. c. Sign: Awning. Maximum Area: 25% of the surface of the awning not to exceed 20 square feet. Maximum Height: Top of first story. d. Sign: Window. Maximum Area: 25% of the area of the window. Maximum Height: None. 7 Ordinance No. 94-9610 Page 8 e. Skin: Monument. Maximum Area: One (1) square foot per foot of lot frontage, not to exceed a total of 20 square feet or 10 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 8th day of March, 1994. AYOR ATTEST: pitea� *' • Y� CITY CLARK Approved by y9/96,1140._ Gay. City Attorney's Office _ - 9v ppdadmin\tlbh.ord 7 It was moved by Kubby and seconded by Throgmorrnn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz X Kubby X Lehman Novick Pigott x Throgmorton First Consideration 2/15/94 Voteforpassage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 3/1/94 Vote for passage:AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. Date published 3/16/94 7 • .. F''. YY .,, 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 Ordinaanncce1 No. 94-3610 which was passed by the City Council of Iowa City, Iowa, at a rgtar meeting held on the 8th day of March , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of march 19 94 • Dated at Iowa City, Iowa, this 15th day of Anri1 . 19 94 • ic,o4am 160-es4 Susan 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 � SECTION I. AMENDMENTS. lel Dimensional requirements. 1. Chapter 36.Article II.entitled"PRINCIPALnea4, USES AND REQUIREMENTS,"Section 36- (1) Minimum lot width:ee: 435 ft sq.ft. 9. entitled 'Factory Built Housing (31 Minimum lot frontage: R. Residential IRFBHI'Zone,'of the Code of (31 pMublic street ily ft.p orv Ordinances of the City of Iowa City.Iowa, public street or an officially epprov be and the same is hereby amended by place. repealing Section 36-9 and adding thereto 141 Minimum um yards: a new Section 36-9 to read as follows: Front-5 ft. Printer's fee $ /33 &6 Sec. 36-9. Factory Built Housing Side -5 Residential(RFBHI Zone. (a) Intent. The Factory-Built Housing OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION Residential IRFBH) zone is designed 1 STATE OF IOWA Johnson County, ss: to provide for the placement of manufactured homes, mobile homes THE IOWA CITY PRESS-CITIZEN and modular homes within Rear -20 aor 30 ft.et RFBH Zone boundary factory-built housing parks, or upon FED. ID# 42-0330670 individually subdivided lots with a lot 151 Maximum building bulk: size smaller then that allowed in Height-25 ft I, other zones permitting single-family Building coverage-40% dwellings. The RFBH zone also Floor area ratio-None Margaret Rios, being duly sworn, provides a location for the placement say that I am the legal clerk of of those mobile homes which are not the IOWA CITY PRESS-CITIZEN, and may as not manufacturedmplywith homes and comply the building, electrical, plumbing, or a newspaper published in said - housing codes, and for those county, and that a notice, a factory-bulk homes which do not have a minimum building width of 20 printed copy of which is hereto feet. In addition, the zone provides attached, was published in said for the integrationses of limited commercial and service uses to serve paper / time(s), on the b) thePerresidents of the zone. following date(s): 111 ttet uses. Manufactured homes. (2) Mobile homes. ' 777 i 0 / /CJ J /9g)- 13) Modular homes. Citi- OFFICIAL PUBLICATION - Ic) Provisional uses. (. - (1) In RFBH zones which are a minimum ' �zr_...orkia"_ 0 of 80 acres in size, the following uses may be permitted, provided Legal Clerk they comply with the requirements set forth in Sec.36-91g): e. convenience groceries limited to no Subscribed and sworn to before me more than 4.000 square feet. / p b. barber shops and beauty parlors this 74 day of A.D. limited to four chairs. I c. laundry and dry cleaning establishments limited to coin- 19 operated machines and pick-up end / delivery services. d. U.S.Postal stations. i' / e. video rental stores. re f. restaurants,except drive-in facilities, Notary Public ' limited to 1.000 square feet. g. enclosed storage facilities distributed real SHARON STUBBSinblustorathroughouttheL development,provided that Individual 1 ,Y19 , 2--)5 — , Z—�S -' �� storage compartments shall not q�' exceed 200 square feet in area and there are no more then .5 storage compartments per dwelling unit. h. a common storage yard specifically designed for the storage of special OFFICIAL PUBLICATION vehicles of residents of the zone. 12) Family care facilities. ORDINANCE NO. 94-3610 (3) Manufactured homes,Mobile homes end Modular homes with a maximum AN ORDINANCE AMENDING CHAPTER 36 OF of one 11)roomer provided that one THE CODE OF ORDINANCES OF IOWA CT', 11)additional off-street parking space IOWA.ENTITLED "ZONING; BY AMENDING shall be furnished. SECTION 36-9, ENTITLED 'FACTORY BUILT Id) Special exceptions. HOUSING RESIDENTIAL IRFBHI ZONE," (1) Child care facilities subject to 'the SECTION 36.58, ENTITLED 'OFF-STREET requirements of Sec.36-55. PARKING REQUIREMENTS,'AND SECTION 36- t (2) Filling stations associated with 62,ENTITLED"PERMITTED SIGNS," convenience grocery stares permitted under Section 36-9(clll), provided WHEREAS. it may be desirable to allow that no part of the filling station shall limited commercial uses within the RFBH zone be located within 120 feet of a lot to serve the residents of the zone;and line or a lease line of an existing or WHEREAS, the Planning end Zoning proposed residential use. Commission recommended allowing limited 13) Neighborhood centers subject to the commercial uses as provisional uses within the requirements of Sec.36-55. RFBH zone. 14) Public utilities. NOW,THEREFORE,BE IT ORDAINED BY THE ' (51 Religious institutions subject to the CITY COUNCIL OF THE CITY OF IOWA CITY, requirements of Sec.36-55. IOWA: (61 Schools - generalized private instruction. r7 OFFICIAL PUBLICATION Planning and Community Development to discuss the application of these provisions to the subject property. Prior to issuance of e building permit or the Installation of storage facilities, a site plan end • elevation drawings demonstrating (f) General provisions. All principal end compliance with the following accessory uses permitted within this guidelines shell be submitted to the zone are subject to the requirements City for approval by the Director Of of Articles III and IV, the divisions Planning end Community and sections of which are Indicated Development. Alternative design as follows: solutions may be approved It it is 111 Accessory uses and requirements. demonstrated that the alternative See Article III. meets the intent of this section. a. Permitted accessory uses and Decisions of the Director may be buildings. See Sec.36-56. , appealed to the City Council. b: Accessory uses and building a. A minimum of 25%of the residential regulations. See Sec. 36-57. units within the development must C. Off-street parking requirements. See be in place prior to the development Sec.36-58. of commercial or service uses within d. Off-street loading requirements. Not the development. applicable. . b. Commercial and service uses shall e. Sign regulations.See Sec.36-60. not exceed 5% of the land area of f. Fence regulations.See Sec.36-64. the RFBH development or five acres, 121 General provisions. See Article IV. whichever is less. a. Dimensional requirements. See c. The design of the development shall Division 1. provide adequate landscaping end b. Tree regulations. See Division 2. buffer yards between dwellings and c. Performance standards. See Division the uses permitted in Section 36- 3. 91c1111 to screen the uses from view O. Non-conformities. See Division 4. of adjacent and abutting dwellings. (9) Special provisions. The use of berms and evergreen (1) In no instance shall an area zoned vegetation,wells end fences may be RFBH be less then 10 acres. used to achieve this requirement. 121 Manufactured housing parks shall d. The pedestrian orientation of comply with the provisions of commercial and service uses shall be Chapter 22 of the Code of encouraged through site design, Ordinances and the provisions of the building placement and sidewalk Code of Iowa. construction. 131 The following provisions are intended 2. Chapter 36, Article III, entitled to help ensure that commercial and 'ACCESSORY USES AND REQUIRE- service uses within en RFBH zone are MENTS," Section 36-58. entitled "Off- compatible in scale end design with street parking requirements,"of the Code a residential neighborhood. of Ordinances of the City of Iowa City, Prior to submitting a request for a Iowa.be and the same is hereby amended building permit or Installing storage by repealing subsections fe)f21g.,1a)121ht. facilities, the developer shell 1a1121q.. end 1a1121s. and adding thereto participate in a pre-application new subsections lall2lg., (e)(21hf, conference with the Director of (all21q.,end fel(214 to read as followsrr g.Grocery stores& 1.Where permitted One (1) parking space for ea5h• supermarkets except CB-5 end 180 square feet of floor area. RFBH 2.CB-5 None required but whore pro- vided a maximum of one (1) parking space for each 500 square feet of floor area shall§e permitted. 3.RFBH One (1) parking space for each 300 square feet of floor areal, 4 h.Laundry&dry cleaning 1.Where permitted One(1) parking spare for each establishments(coin except CB-5 and two 121 laundry and/or dry operated) RFBH cleaning machines. si' 2.CB-5 None required but where pjp- vided a maximum of one 61) parking space for each 580 square feet of floor area shall be permitted. • 3.RFBH One 11) parking space for each 300 square feet of floor areae, t. r q.Restaurants&estab- 1.Where permitted One(11 parking space for(ngh lishments dispensing except CB-5 and 150 square feet of floor area,or ' food or beverage for RFBH parking spaces equal in number consumption on the to one-third 11/3) the occupetrt premises load of the seating amp, whichever is less. 2.CB-5 None required but where pro- vided a maximum of one I'F) parking space for each 500� square feet of floor area shall ya permitted. I• 3.RFBH One (1) parking space for each 300 square feet of floor area.' a.Retail stores and 1.Where permitted One (1)parking space for eayh shops(other than except CB-5 end 200 square feet of retail floor listed) RFBHk area. 2.CB-5 None required but where pre- vided a maximum of one 11) parking space for each 500 square feet of floor area shall be permitted. a t 3.RFBH One (11 parking space for eagti 300 square feet of floor area.. 3. Chapter 36,Article III, Section 36-58 of a. Permitted signs. the Code of Ordinances of the City of 1. Facia signs. Iowa City, Iowa. is further emended by 2. Canopy signs.. repealing subsection (g)12)a. and adding 3. Monument signs. thereto a new subsection(g)(21e.to read 4. Awning signs. + as follows: 5. Window signs. + (21 Requirements. In the RR-1, RS-6, b. Provisional signs. RS-8, RS-12, RNC-12, and RFBH 1. When two (2) or more uses are zones, special vehicle storage shell located on a lot, a common comply with the following monument sign shall be permitted. requirements: Said sign shall not exceed the!ester a. No special vehicle may be stored in a of one(1)square feet per lineal fgot front yard, except on a regularly of lot frontage or 20 square feet(10 constructed aisle for a period of no square feet per sign face). more than four days for the purpose 2. Barber pole signs provided they do of loading and unloading. not exceed three (31 feet in length 4. Chapter 36, Article III, Section 36-62, end nine(9)inches in diameter. entitled"Permitted signs,"of the Code of c. UseDims innithisal requirements. be. Ordinances of the City of Iowa City,Iowa, • 1. mass this zonebuildingshall be allowed a be and the same is hereby amended bymaximum to 5% sign area per sign well equal sign in is of the sign dllot adding . or res a new subsection to which the 20 s is r be mounted not Ic1111(a16.to read es follows: to exceed 20 square feet 6. Non-residential uses in the RFBH 2. Individual signage allowances. zone shall be permitted signage a. Sign: Facie. in accordance with the Maximure Area: Fifteen percent requirements of Sec. 36- 116%1 of the sign wall area not to 62(c)(1.1). exceed 20 square feet. Maximum Height: Top of first story. 5. Chapter 36,Article III, Suction 36-62 of b. Sign: Canopy. the Code of Ordinances of the City of Maximum Ares: Eight (8) square Iowa City, Iowa, is further amended by feet. repealing subsection (chile. and adding Maximum Height: Top of first story. thereto a new subsection(c)(1)c.to read c. Sian: Awning. as follows' Maximum Area: 25%of the surface c. Dimensional requirements. of the awning not to exceed 20 1. Sign: Facia (in ID-RS, RR-1, RS-5, square feet. RS-8,RFBH-residential uses only,RS- Maximum Haight: Top of first story. 12 end RNC-12 zones). d. Sign: Window. Maximum area: 4 sq.ft. Maximum Area: 25%of the area of Maximum height: Top of first story. the window, l 2. Sinn: Facie (In ID-RM, RM-12, Maximum Height: None. a RM-20, RNC-20, RM-44 and PAM e. Sion: Monument. zones)(Ord.#92-3549, 9/15/921 Maximum Area: One(1)square feet Maximum area: 12 sq.ft. Maximum height: Top of first story. per foot of lot frontage,0sqar not to Or 3. Sion: Monument (In ID-RS, RR-1, 10 exceed a totalfeeof 2 sign square feet I RS-5, RS-8, RFBH-residential uses square feet per (5)f I Maximum EAll ont nces only,RS-12 and RNC-12 zones). SECTION II. REPEALER. All ordinances egtl Maximum area: 24 eq.ft.,or 12 sq. parts of ordinances in conflict with the ft.per sign face. provisions of this Ordinance are hereby Maximum height: Five Si1feet. repealed. _ 4. Sign: Monument lin ID-RM,Rm-12, SECTION III. SEVERABILITY. If any section, Rm-20, RNC-20, RM-44 and PRM provision or Zones). part of the Ordconsti uti shell sge uch adjudged to be invalid or unconstitutional,such Maximum area: Forty eight (481 adjudication shall not affect the validity of the square feet, or twenty four (24) Ordinance as a whole or any section,provision square feet per sign face. • or part thereof not adjudged invalid Er Maximum height: Five feet(5'I. unconstitutional. I SECTION IV. EFFECTIVE DATE. Tf4s Ordinance shall be in effect after its final 5. Sian: Awning (in ID-AM, RM-12, Passage,approval and publication,as provided RM-20, RNC-20, RM-44 end PRM Zones). by law. Passed end approved this 8th day of f Maximum area: Twenty five percent (25%) of the surface of the awning March, 1994. or twelve 112) square feet, 1 whichever is less. 4 Maximum height: Top of first story. • r 6. Chapter 36,Article Ill, Section 36-82 of AYOR the Code of Ordinances of the City of Iowa City, Iowa is further amended by adoread sg a new subsection IcIl1.0 to �-s v/ i/�Ml , read as follows: ATTEST:)7i i.1. -) 7I- i : I (1.1) RFBH zone regulations for non- CITY CITRIC residential uses. 0289 March 16,19Q4 7 ^‘‘)C' Ord. �t ORDINANCE NO. 94-3611 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY APPROVING THE REVISED PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN (PDH) FOR WALNUT RIDGE, PARTS 5-9, AN APPROXIMATE 85.32 ACRE TRACT OF LAND LOCATED NORTH OF MELROSE AVENUE ON KENNEDY PARKWAY. WHEREAS, the subject property, located north of Melrose Avenue on Kennedy Parkway, is presently conditionally zoned OPDH-1, Rural Residential Planned Development Housing, to permit the development of the property for a large lot, residential planned housing development; and WHEREAS, Southgate Development Company has submitted a revised preliminary PDH plan for the subject property; and WHEREAS, the lot layout and street configuration of the revised preliminary PDH plan differ significantly from the approved preliminary PDH plan; and WHEREAS, Section 36-48(d) of the Code of Ordinances for the City of Iowa City, Iowa provides that material changes in an approved preliminary PDH plan shall be subject to the approval procedures set forth in Section 36- 48(b); and WHEREAS, it is the intent of the Council that the property remain subject to the terms and conditions of the Conditional Zoning Agreement, approved on January 8, 1991, by Ordinance No. 91-3485 and recorded in Book 1197, Page 107 of the Johnson County Recorders Office. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below shall retain its classification of OPDH-1, subject to the terms and conditions set forth in the Conditional Zoning Agreement approved on January 8, 1991, by Ordinance No. 91-3485, and the revised preliminary PDH plan submitted by Southgate Development Company for Walnut Ridge, Parts 5-9, is hereby approved: Commencing at the Southwest Corner of the Southeast Quarter of the Southwest Fractional Quarter, of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N00°23'09"E, along the West Line of the East One-Half of the West Fractional One-Half of said �7 Ordinance No. 94-3611 Page 2 Section 7, 2315.58 feet, to the Point of Beginning; Thence continuing N00°23'09"E, along said West Line, 2987.83 feet, to the Northwest Corner, of the Northeast Quarter, of the Northwest Fractional Quarter, of said Section 7; Thence N88°30'17"E, along the North Line of said Northeast Quarter of the Northwest Fractional Quarter, 1320.00 feet, to the Northeast Corner thereof; Thence S00°22'54"W, along the East Line of said East One-Half of the West Fractional One- half of said Section 7, 2687.31 feet; Thence S73°32'25"W, 239.51 feet; Thence S16°27'35"E, 55.49 feet; Thence S73°32'25"W, 161.46 feet; Thence N78°15'03"W, 235.85 feet; Thence N04°57'17"E, 89.48 feet; Thence S67°17'52"W, 791.07 feet, to the Point of Beginning. Said Tract of Land contains 85.32 Acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. The following variations from the requirements of the RR-1 zone have been approved as part of this revised preliminary PDH plan: A. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet. B. Modification of the City's street standards and specifications for collector streets to permit a pavement width of 28 feet, back of curb to back of curb, for the undivided portions of Kennedy Parkway. Where the two lanes of this street are separated by vegetative islands, each of the divided lanes shall be a minimum of 22 feet back of curb to back of curb. C. Reduction of the pavement width for all other streets from 28 feet to 25 feet, back of curb to back of curb. D. Reduction of the pavement width for all cul-de-sac loops to a minimum of 22 feet, back of curb to back of curb. E. Variation of the cul-de-sac street limit of 900 feet for Shagbark Court and Chestnut Court. F. No provision for public sidewalks adjacent to streets within the subdivision, except Kennedy Parkway. G. Kennedy Parkway shall have a four foot wide sidewalk, constructed by the developer, on only one side of the proposed right-of-way. This walk shall be continuous from a point on Melrose Avenue to the (� Ordinance No. 94-1611 Page 3 point where Kennedy Parkway intersects the west boundary of the subdivision. H. Reduction of the minimum lot width for Lot 68 from 80 feet to 40 feet. SECTION III. CONDITIONAL ZONING AGREEMENT. The Conditional Zoning Agreement for the subject property dated March 19, 1990, approved by Ordinance No. 91-3487 on January 8, 1991, and recorded on • January 10, 1991, in Book 1197, Page 107 shall remain in full force and effect. SECTION IV. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest and to certify the Ordinance for recordation in the Johnson County Recorder's Office. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 29th day of March, 1994.\ M&YOR ATTEST: /{il,r,r,2r.c� ✓ CITY CL' RK Approved by City Attorney's Office ppdadminlwatnt5-9.ord F Ordinance No. 94-9611 Page 4 It was moved by Kubby and seconded by Pigott _that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman Novick X Pigott X Throgmorton First Consideration 3/8/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: Throgmorton. ABSENT: None. Second Consideration Vote for passage: Date published 4/6/94 Moved by Pigott, seconded by Baker, 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 con- sideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, Lehman, Novick, Pigott, Baker, Horowitz. NAYS: Throgmorton. ABSENT: None. ,Q iE T .I I I ITa s t! - I .-,.,fir — •� 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. 01W. 94-3611 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of March , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6th day of April 19 94 . Dated at Iowa City, Iowa, this 13th day of May - , 19 94 . • Susan Walsh Deputy City Clerk Iwaish.a3 CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 53140-1846col) FAX(319) 356-3009 C7 ORO. Clq —362 I WHEREAS, Section 36-48(d)of the Code of SECTION III. CONDITIONAL ZONING Ordinances for the City of Iowa City, Iowa AGREEMENT. The Conditional Zoning provides that material changes in an approved Agreement for the subject property dated preliminary PDH plan shall be subject to the March 19, 1990, approved by Ordinance No. approval procedures set forth in Section 36- 91-3487 on January 8, 1991,and recorded on 48(b);and January 10, 1991, in Book 1197, Page 107 WHEREAS,it is the intent of the Council that shall remain in full force and effect. the property remain subject to the terms and SECTION IV. CERTIFICATION AND Printer's fee $ ---)C-,' /� /� conditions of the Conditional Zoning RECORDING. The Mayor is hereby authorized // Agreement, approved on January 8, 1991, by and directed to sign, and the City Clerk to Ordinance No. 91-3485 and recorded in Book attest and to certify the Ordinance for 1197, Page 107 of the Johnson County recordation in the Johnson County Recorder's CERTIFICATE OF PUBLICATION Recorders Office. Office. STATE OF IOWA, Y Johnson Count , ss: NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION V. REPEALER. All ordinances and THE IOWA CITY PRESS-CITIZEN IOWA: parts of ordinances in conflict with the provisions of this Ordinanceeare hereby FED. ID # 42-0330670 SECTION I. APPROVAL. The property- repealed. described below shall retain its classification of SECTION VI. SEVERABILITY. If any section, OPDH-1, subject to the terms and conditions provision or part of the Ordinance shall be I set forth in the Conditional Zoning Agreement adjudged to be invalid or unconstitutional,such Margaret beingdulysworn No.approved1-3 on85 Januaryh8, 1991, Ordinance adjudicationOrince shall note affect the validity oi the gRios, t No.91-3485,and the revised preliminary PDH Ordinance as a whole or any section,provision say that I am the legal clerk of plan submitted by Southgate Development or part thereof not adjudged invalid or Company for Walnut Ridge, Parts 5-9, is unconstitutional. the IOWA CITY PRESS-CITIZEN, hereby approved: SECTION VII. EFFECTIVE DATE. This published in said Commencing at the Southwest Corner of Ordnance shall be in effect after its final a newspaper the Southeast Quarter of the Southwest passage,approval and publication,as provided county, and that a notice, a Fractional Quarter,of Section 7,Township by law. 79 North, Range 6 West, of the Fifth Passed and approved this 29th day of printed copy of which is hereto Principal Meridian; Thence NOO°23'09"E, March, 1994. attached was published in said along the West Line of the East One-Half of t the West Fractional One-Half of said paper i time(s), on the Section 7, 2315.58 feet, to the Point of ) X • -� ♦, Beginning: Thence continuing AYOR following date(s): NOO°23'09"E, along said West Line, // _ / 2987.83 feet,to the Northwest Corner,of 4 /2--' C�� /Y9y' the Northeast Quarter, of the Northwest _ J // Fractional Quarter, of said Section 7; ATTEST: /9jv,,,,�.-r!/-(' ` tit Thence N88°3b'17"E,along the North Line CITY CLERK of said Northeast Quarter of the Northwest 9629 April 6,1994 / Fractional Quarter, 1320.00 feet, to the Northeast Corner thereof; Thence /!-7���- �� SOO°22'54"W, along the East Line of said East One-Half of the West Fractional One- Legal Clerk half of said Section 7, 2687.31 feet; Thence S73°32'25"W, 239.51 feet; Thence S16°27'35"E,55.49 feet;Thence Subscribed and sworn to before me S73°32'25"W, 161.46 feet; Thence N78°15'03"W, 235.85 feet; Thence this.AZ2/4 day of A.D. N04°57'17"E, 89.48 feet; Thence —� S67°17'52"W, 791.07 feet, to the Point of Beginning. Said Tract of Land contains 19 85.32 Acres, more or less, and is subject to easements and restrictions of record. SECTIONaonII. VARIATIONS.requirements The following LICIL'‘-6 _511ja<) variations from the requirements of the RR-1 zone have been approved as part of this revised Notar Public preliminary PDH plan: A. Reduction of the right-of-way width of :` `+f SHARON STUBBS Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet. A+ g` 1,57-9 B. Modification of the City's street standards and specifications for collector streets to permit a pavement width of 28 feet, back of curb to back of curb, for the undivided portions of Kennedy Parkway. Where the two lanes of this street are separated by OFFICIAL PUBLICATION vegetative islands, each of the divided lanes shall be a minimum of 22 feet back ORDINANCE NO. 94-3611 of curb to back of curb. C. Reduction of the pavement width for all AN ORDINANCE AMENDING THE ZONING other streets from 28 feet to 25 feet,back ORDINANCE BY APPROVING THE REVISED of curb to back of curb. PRELIMINARY PLANNED DEVELOPMENT D. Reduction of the pavement width for all HOUSING PLAN IPDHI FOR WALNUT RIDGE, cul-de-sac loops to a minimum of 22 feet, PARTS 5-9, AN APPROXIMATE 85.32 ACRE back of curb to back of curb. TRACT OF LAND LOCATED NORTH OF E. Variation of the cul-de-sac street limit of MELROSE AVENUE ON KENNEDY PARKWAY. 900 feet for Shagbark Court and Chestnut Court. WHEREAS, the subject property, located F. No provision for public sidewalks adjacent north of Melrose Avenue on Kennedy Parkway, to streets within the subdivision, except is presently conditionally zoned OPDH-1,Rural Kennedy Parkway. Residential Planned Development Housing, to G. Kennedy Parkway shall have a four foot permit the development of the property for a wide sidewalk, constructed by the largr_ lot, residential planned housing developer,on only one side of the proposed development;and right-of-way. This walk shall be continuous WHEREAS, Southgate Development from a point on Melrose Avenue to the Company has submitted a revised preliminary point where Kennedy Parkway intersects POH Flan for the subject property;and the west boundary of the subdivision. WHEREAS, the lot layout and street H. Reduction of the minimum lot width for Lot configuration of the revised preliminary PDH 68 from 80 feet to 40 feet. plan differ significantly from the approved preliminary PDH plan;and • (SJt ORDINANCE NO. 94_1h17 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 12.5 ACRES OF LAND LOCATED WEST OF SYCAMORE STREET AND SOUTH OF BURNS AVENUE FROM ID-RS TO RS-5. WHEREAS,the Owner, Helen Jensen and the Applicant, Frantz Construction, Inc., have requested the City to rezone approximately 12.5 acres of land located west of Sycamore Street and south of Burns Avenue from ID-RS, Interim Development Single-Family Residential, to RS-5,Low-Density Single-Family Residential; and WHEREAS, the subject tract is in an area which the Comprehensive Plan designates for low density single-family development; and WHEREAS, the Planning and Zoning Commission recommended approval of the requested rezoning subject to conditions relating to drainage of the property, neighborhood open space, and pedestrian walkways; and WHEREAS, Iowa law 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 conditions proposed by the Planning and Zoning Commission are necessary to ensure proper drainage from the subject property and to ensure the provision of adequate open space and pedestrian walkways; and WHEREAS, Owner and Applicant have agreed to the terms and conditions contained in the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference; and WHEREAS, Owner and Applicant 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 Section p 1 Ordinance No. 9A-3Al2 Page 2 414.5, Code of Iowa (1993), the property described below is hereby reclassified from its present classification of ID-RS, Interim Development Single-Family Residential, to RS- 5, Low Density Single-Family Residential: The south half of the following- • described property, to be rezoned from ID-RS to RS-5 (the north half exists as RS-5): The north twenty-five (25) acres of the following-described property: the east '/ of the southwest 'A and the east five (5) acres of the west Y: of the southwest '34 of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian. 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. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign and the City Clerk to attest the Conditional Zoning Agreement between the City of Iowa City, the Owner and the Applicant. The City Clerk is further authorized and directed to certify a copy of this Ordinance • and the 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 provided by law. Passed and approved this 29th day of March, 1994. HCl Cts( `_ v AYOR 7 Ordinance No. 94-3617 Page 3 ATTEST: C1jf.G�i� `7�Rit�t� CITY CL RK Approved by 4) 1(1.-LO � 9 S City Attorney's Office Z_' a - cP/ ppdadmin\sycamrez.ord • 9 Ordinance No. 94-3612 Page 4 It was moved by Novi ck and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker ___ Horowitz x Kubby x Lehman x Novick x • _ Pigott Throgmorton First Consideration 3/1/94 Vote forpassage:AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Second Consideration 3/8/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Date published 4/6/94 9 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Helen Jensen ("Owner"), Frantz Construction, Inc. ("Applicant"), and the City of Iowa City, Iowa, a Municipal Corporation ("City"). WHEREAS, Applicant has contracted to purchase approximately 12.5 acres of land located west of Sycamore Street and south of Burns Avenue in Iowa City, Iowa; and WHEREAS, the Applicant, as Contract Purchaser and the Owner, as legal title holder have requested the City to rezone the subject property from ID-RS, Interim Development Single- Family Residential, to RS-5, Low Density Single-Family Residential; 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, in order to satisfy public needs directly caused by the requested zoning change; and WHEREAS, the property contains areas of hydric soils requiring proper drainage to allow construction of streets and dwellings with basements, and WHEREAS, the property is located in an area requiring additional neighborhood open space, and WHEREAS, anticipated development of the property will require pedestrian walkways. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Applicant is contract purchaser and equitable title holder of the property located west of Sycamore Street and south of Burns Avenue legally described as follows: The south half of the following-described property, to be rezoned from ID-RS to RS-5 (the north half exists as RS-5): The north twenty-five (25) acres of the following-described property: the east yz of the southwest 1/4 and the east five (5) acres of the west y: of the southwest ' of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian. 2. Owner is the contract seller and legal title holder of the property. 3. The Parties acknowledge that the property contains areas of hydric soils requiring proper drainage to allow construction of streets and dwellings with basements. The Parties further acknowledge that the development of this property will require additional neighborhood open space and pedestrian walkways. 4. In consideration of the City's rezoning the subject property from ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential, the Owner and Applicant agree 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: 9 - 2 - a. Owner or Applicant shall provide verification from the Army Corps of Engineers regarding the existence of jurisdictional wetlands on the subject property prior to approval of a final plat for any portion of the property. b. Owner or Applicant shall submit a soils report with the preliminary plat for any portion of the property. The soils report must address any drainage requirements necessary for the construction of public streets and dwellings with basements on the property and the report must be approved by the City Engineer prior to preliminary plat approval. c. At the time of final subdivision plat approval for any portion of the property, Applicant or Owner shall pay a fee sufficient to purchase 3/10 of an acre of land for neighborhood open space and pay the cost of a four (4) foot wide sidewalk adjacent to Sycamore Street. d. The Owner or Applicant shall provide a pedestrian walkway between the western portion of the subject property and Wetherby Park at the time of final plat approval for any portion of the property. 5. Owner and Applicant acknowledge that the conditions contained in this Agreement are reasonable conditions to impose on the land pursuant to Iowa Code §414.5 (1993) and that said conditions satisfy public needs directly caused by the requested zoning change. 6. Applicant and Owner further acknowledge that in the event the subject area is transferred, sold, redeveloped, subdivided, or split, all redevelopment shall conform with the terms of this Agreement. 7. The Parties acknowledge 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. Owner and Applicant acknowledge that nothing in this Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local and state 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 Z9 day of Tftstreck , 1994. 9 - 3 - CITY OF IOWA CITY, IOWA FRANTZ CONSTRUCTION, INC. By By t Ssan�, Mayor C.— William L. Frantz, President & t ary ATTEST: HELEN JENSE '. 7i By �L t��t L. f C) �4L five Man K. Karr, City Clerk Helen Jensen STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this //1day of i chrta.y , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William L. Frantz, to me personally known, who being by me duly sworn did say that he is the President and Secretary 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 William L. Frantz as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. 1 SCOTT ort A in • i r / aC - -2 Notary Public i' and for the State of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this Z9 day of TYL5rc4. , 1994, before me, the undersigned, a Notary Public incnd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. sa.icli �o„P Notary Public in and for the State of Iowa - 4 - STATE OF IOWA SS: JOHNSON COUNTY On this /4 " day of a`'1/2(0 3/ , 19 W, before me, the undersigned, a filotary Public in and for said County, in said State, personally appeared /4)Q to ‘I Q [A1 e ' , to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowled.- . that they executed the same as their voluntary act and deed. 1 Notary Public in and for the State of Iowa ppdadnynVensw.cza I \ . u � --Cut •. w,e qf • -'• -rise Tit s 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. 947.3612 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of March , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6th day of April 19 94 . Dated at Iowa City, Iowa, this 13th day of May , 19 94 Ausan Walsh Deputy City Clerk \wd,h.cn CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CliTY IOWA 52200-1826 e FAX(319) 356-5009 11411) Lir-4J . Lig -.3(.0 WHEREAS, the subject tract is in an area which the Comprehensive Plan designates for low density single-family development; and of 3 WHEREAS, the Planning and Zoning Commission recommended approval of the requested rezoning subject to conditions relating to drainage of the property, neighborhood open space, and pedestrian walkways; and WHEREAS, Iowa law 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 Printer's fee $ 9�S n S directly caused by the requested change; and WHEREAS the conditions proposed by the CERTIFICATE OF PUBLICATION Planning and ZoningeCommission are necessary. to ensure proper drainage from the subject STATE OF IOWA, Johnson County, ss: property and to ensure the Prov sion of adequate open space and pedestrian walkways; THE IOWA CITY PRESS-CITIZEN and FED. ID # 42-0330670WHEREAS, Owner and Applicant have agreed to the terms and conditions contained in the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference;and Margaret Rios, being duly sworn, WHEREAS, Owner and Applicant saythat I am the legal clerk of acknowledge that the terms and conditions g contained in the Conditional Zoning Agreement the IOWA CITY PRESS-CITIZEN, are reasonable to impose on the land under a newspaperpublished in said Iowad Code y6cause 1993) and satisfystepublig needs directly caused by the requested zoning county, and that a notice, a change. NOW,THEREFORE,BE IT ORDAINED BY THE printed copy of which is hereto CITY COUNCIL OF THE CITY OF IOWA CITY, attached, was published in said IOWA,THAT: SECTION I. APPROVAL. Subject to the terms paper / time(s), on the and conditions of the attached Conditional following date(s): Zoning Agreement as authorized by Section 414.5, Code of Iowa (1993), the property / �1� described below is hereby reclassified from its (•� present classification of ID-RS, Interim Development Single-Family Residential, tc RS- 5,Low Density Single-Family Residential: The south half of the following- ,, ) described property,to be rezoned from C ,�/_0Q ID-RS to RS-5 (the north hall exists as RS-51: Legal Clerk The north twenty-five 125) acres of the following-described property: the east y: of the southwest '/, and the Subscribed and sworn to before me east five(SI acres of the west '/: of the 1 southwest 3/4 of Section 23,Township thisQday of , A.D. 79 North, Range 6 West of the Fifth Principal Meridian. 19 9V 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. Notary Public SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized ���.�,t and directed to sign and the City Clerk to attest SHARON STUBBS the Conditional Zoning Agreement between the - l5= City of Iowa City, the Owner and the ow► ' ' Applicant. The City Clerk is further authorized III and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office upon final passage and publication as OFFICIAL PUBLICATION provided by law. SECTION IV. REPEALER. All ordinances and ORDINANCE NO. 94-3612 parts of ordinances in conflict with the provisions of this Ordinance are hereby AN ORDINANCE AMENDING THE ZONING repealed. SECTION V. SEVERABILITY. If any section, ORDINANCE BY CONDITIONALLY CHANGING provision or part of the Ordinance shall De THE LAND USE REGULATIONS OF adjudged to be invalid or unconstitutional,such APPROXIMATELY 12.5 ACRES OF LAND adjudication shall not affect the validity of the LOCATED WEST OF SYCAMORE STREET AND Ordinance as a whole or any section,provision SOUTH OF BURNS AVENUE FROM ID-RS TO or part thereof not adjudged invalid or RS-5. unconstitutional. SECTION VI. EFFECTIVE DATE. This WHEREAS,the Owner,Helen Jensen and the Ordinance shall be in effect after its final Applicant, Frantz Construction, Inc., have passage,approval and publication,as provided requested the City to rezone approximately by law. 12.5 acres of land located west of Sycamore Passed and approved this 29th day of Street and s•uth of Burns Avenue from ID-RS, March, 1994. Inter m Development Single-Family Residential, to R3•5,Low-Density Single-Family Residential; a"c 6�rL ��Lozd�� AYOR o-0 qL _ 3(0ra OFFICIAL PUBLICATION OFFICIAL PUBLICATION ef 3 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Helen Jensen ("Owner"), Frantz Construction, Inc. ("Applicant'), and the City of Iowa City, Iowa, a Municipal Corporation ("City"). WHEREAS, Applicant has contracted to purchase approximately 12.5 acres of land located west of Sycamore Street and south of Bums Avenue in Iowa City, Iowa; and WHEREAS, the Applicant, as Contract Purchaser and the Owner. as legal title holder have requested the City to rezone the subject property from ID-RS, Interim Development Single- Family Residential, to RS-5, Low Density Single-Family Residential; 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, in order to satisfy public needs directly caused by the requested zoning change: and WHEREAS, the property contains areas of hydric soils requiring proper drainage to allow construction of streets and dwellings with basements, and WHEREAS, the property is located in an area requiring additional neighborhood open space, and WHEREAS, anticipated development of the property will require pedestrian walkways. NOW. THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Applicant is contract purchaser and equitable title holder of the property located west of Sycamore Street and south of Burns Avenue legally described as follows: The south half of the following-described property, to be rezoned from ID-RS to RS-5 (the north half exists as RS-5): The north twenty-five (25)acres of the following-described property: the east''A of the southwest V.and the east five(5)acres of the west h of the southwest h of Section 23,Township 79 North, Range 6 West of the Fifth Principal Meridian. 2. Owner is the contract seller and legal title holder of the property. 3. The Parties acknowledge that the property contains areas of hydric soils requiring proper drainage to allow construction of streets and dwellings with basements. The Parties further acknowledge that the development of this property will require additional neighborhood open space and pedestrian walkways. 4. In consideration of the City's rezoning the subject property from ID-RS. Interim Development Single-Family Residential.to RS-5,Low Density Single-Family Residential, the Owner and Applicant agree 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 or Applicant shall provide verification from the Army Corps of Engineers regarding the existence of jurisdictional wetlands on the subject property prior to approval of a final plat for any portion of the property. b. Owner or Applicant shall submit a soils report with the preliminary plat for any portion of the property. The soils report must address any drainage requirements necessary for the construction of public streets and dwellings with basements on the property and the report must be approved by the City Engineer prior to preliminary plat approval. c. At the time of final subdivision plat approval for any portion of the property. Applicant or Owner shall pay a fee sufficient to purchase 3/10 of an acre of land for neighborhood open space and pay the cost of a four(4)foot wide sidewalk adjacent to Sycamore Street. d. The Owner or Applicant shall provide a pedestrian walkway between the western portion of the subject property and Wetherby Park at the time of final plat approval for any portion of the property. 5. Owner and Applicant acknowledge that the conditions contained in this Agreement are reasonable conditions to impose on the land pursuant to Iowa Code§414.5(1993)and that said conditions satisfy public needs directly caused by the requested zoning change. 6. Applicant and Owner further acknowledge that in the event the subject area is transferred,sold,redeveloped,subdivided,or split,all redevelopment shall conform with the terms of this Agreement. 7. The Parties acknowledge 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. olrZO • ciz{ - 3651� 3ar _3 8 Owner and Applicant acknowledge that nothing in this Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local and state 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 day of 1 rck. , 1994. CITY OF IOWA CITY, IOWA FRANTZ CONSTRUCTION, INC. BY i'dw4-a-.f )"h. 4v • - By I ralb Su7san M. Horowitz, Mayor William L.Frantz, President& ary ATTEST HELEN JENS By / � Man K. Karr, City Clerk Helen Jensen ity 9637 April 6,1994 ova . 342- ORDINANCE NO. q4-3613 AN ORDINANCE REPEALING ARTICLE IV, DIVISION I, ENTITLED "COMMERCIAL PESTICIDE APPLICATION," OF CHAPTER 34, CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council passed and adopted Ordinance 94-3607, entitled "Commercial Pesticide Application," which ordinance regulated the size of signs required for notification prior to commercial application of pesticides within Iowa City; and WHEREAS, the Iowa Legislature has passed preemptive legislation, to be effective July 1, 1994; and WHEREAS, the City Council finds it in the public interest to repeal the "Commercial Pesticide Application" Ordinance in order to avoid confusion. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. REPEALING. Article IV, Division I entitled "Commercial Pesticide Application," of Chapter 34, Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. /a Ordinance No. 94-3613 Page 2 Passed and approved this 29th day of March, 1994. fr(6)1e-IC >, ,J ATTEST: CL�/ 2 /I2i1/t/ CITY RK pproved by 'ty Attorney's Office coitv/r% Ordinance No. 94-3613 Page 3 It was moved by Lehman and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz — — Kubby Lehman Novick Pigott Throgmorton First Consideration . 3/1/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Lehman, Novick. NAYS: Pigott, Kubby. ABSENT: None. Second Consideration 3/8/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Lehman, Novick. NAYS: Pigott, Kubby. ABSENT: None. Date published 4/6/94 \In9\commpest.ard lV 1 sP va•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. 94-3613 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of March , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 6thday of April 19 94 • Dated at Iowa City, Iowa, this 13th day of _ May , 19 94 d,(2.4a/rj l'addA Susan Walsh Deputy City Clerk \welsh.crt CIVIC CENTER • 010 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 � �� � FAX(319) 356-5009 uxu. "1-1—.6(o I Printer's fee $ / 5l / OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO. 94-3613 STATE OF IOWA, Johnson County, ss: AN ORDINANCE REPEALING ARTICLE IV, THE IOWA CITY PRESS-CITIZEN DIVISION I, ENTITLED "COMMERCIAL FED. ID # 42-0330670 PESTICIDE APPLICATION," OF CHAPTER 34, CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. I, Margaret Rios, being duly sworn, WHEREAS, the City Council passed and adopted Ordinance 94-3607, entitled say that I am the legal clerk of "Commercial Pesticide Application," which ordinance regulated the size of signs required the IOWA CITY PRESS CITIZEN, for notification prior to commercial application a newspaper published in said of pesticides within Iowa City;and WHEREAS, the Iowa Legislature has passed county, and that a notice, a preemptive legislation, to be effective July 1, printed copy of which is hereto 1994;and WHEREAS, the City Council finds it in the attached, was published in said public interest to repeal the 'Commercial Pesticide Application",Ordinance in order to paper i time(s), on the avoid confusion. following date(s): NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, / ;� IOWA: ( ' 7 . 2_. Gr /J r SECTION I. REPEALING. Article IV,Division I ✓ entitled"Commercial Pesticide Application,"of Chapter 34,Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed in its entirety. ..2 SECTION III. REPEALER. All ordinances and �� P,r9� �� `.l parts of ordinances in conflict with the , Legal Clerk provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, Subscribed and sworn to before me provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such T� adjudication shall not affect the validity of the t hls<�day of " I , A,D, Ordinance as a whole or any section,provision or part thereof not adjudged invalid or 19 ? I. unconstitutional. 7 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,approval and publication,as provided itiZzleL9=Es..„__ _114/17,& by law. ]Notary Public Passed and approved this 29th day of March, 1994, Ar r SHARON STUBBS ,/�Q• f I Q2 _/...-5•.... /MAYOR ATTEST: /? 7d/A-9 CITY CL K 9218 April 6,199E /! DrA, b•K ORDINANCE NO. 94-3614 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY AMENDING SECTION 36-20.6, ENTITLED • "CENTRAL BUSINESS SUPPORT ZONE." WHEREAS, the City has adopted the Central Business Support Zone (CB-5) to encourage the orderly development of commercial and residential land uses in the Near Southside Neighborhood; and WHEREAS, the Planning and Zoning Commission has determined that amendments are needed to clarify the dimensional require- ments of the CB-5 zone. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Chapter 36, Article II, entitled "PRINCIPAL USES AND REQUIREMENTS," Division 1 entitled "ZONES", Section 36-20.5 entitled "Central Business Support Zone (C8-5)" of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection le) and adopting a new subsection lel to read as follows: (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - None except the first story of buildings which abut Burlington Street shall be set back 10 feet from the right-of-way line. Building columns supporting upper stories may be located within this ten-foot setback provided an adequate pedestrian passageway is maintained. Side - None Rear - None . (5) Maximum front yard 12 ft. iI Ordinance No. 94-3614 Page 2 (6) Minimum building height: 35 ft. (7) Maximum building bulk: Height - 75 ft. Lot coverage - None Floor area ratio: . Permitted base - 3.0 above grade 4.0 including basement or cellar Maximum with 5.0 above grade approved bonuses (see Sec. 36- 20.5(i)) 6.0 including basement or cellar 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 12th day of Apri1 , 1994. CL-7011-7441-o-2.41-55— AYOR /J ATTEST: ) 99� CITY CL I"•K Approved by City Attorney's Office / 2 - L5 -9•1 ppdadnin\cbSzone.ord / 1 Ordinance No. 94-3614 Page 3 It was moved by Novick and seconded by Throgmorton that the Ordinance • as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker —X— Horowitz X Kubby X Lehman X Novick X Pigott Throgmorton First Consideration 3/8/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 3/29/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 4/20/94 11 • IJI II�'YM 'Gi� 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. 94-3614 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12thday of April , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of April 19 94 . Dated at Iowa City, Iowa, this 13th day of May 19 94 ,Itziom 7e «VS,o4 Susan Walsh Deputy City Clerk lwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52260-1826 zFAX(319) 356-5009 Pron. w 1 .�•sc • ) Cr( OFFICIAL PUBLICATION ORDINANCE NO. 94-3614 AN ORDINANCE AMENDING CHAPTER 36 OF Printer's fee $ THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING,"BY CERTIFICATE OF PUBLICATION AMENDING SECTION 36-20.5, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE." STATE OF IOWA, Johnson County, ss: WHEREAS,the City has adopted the Central THE IOWA CITY PRESS-CITIZEN Business Support Zone(CB-Sl to encourage the FED. ID # 42-0330670 orderly development of commercial and residential land uses in the Near Southside Neighborhood;and WHEREAS, the Planning and Zoning Margaret Rios, being duly sworn, Commission has determined that amendments are needed to clarify the dimensional require- say that I am the legal clerk of • ments of the CB-5 zone. NOW,THEREFORE,BE IT ORDAINED BY THE the IOWA CITY PRESS-CITIZEN, CITY COUNCIL OF THE CITY OF IOWA CITY, a newspaperpublished in said IOWA: SECTION I. AMENDMENTS. county, and that a notice, a Chapter 36,Article II,entitled "PRINCIPAL USES AND REQUIREMENTS,' Division 1 printed copy of which is hereto entitled'ZONES",Section 36-20.5 entitled attached, was published in said "Central Business Support Zone ICB-5)"of the Code of Ordinances of the City of Iowa paper % time(s), on the City, Iowa,is hereby amended by repealing following date(s): subsection le) and adopting a new subsection lel to read as follows: lel Dimensional requirements. ,Ii_ (1l Minimum lot area: None (21 Minimum lot width: None � (3) Minimum lot frontage: None � � u� [ o Legal Clerk (4) Minimum yards: Subscribed and sworn to before me OFFICIAL PUBLICATION Front- None except the first story of buildingsax which abut Burlington this day of , A• Street shall be set back 10 feet 19 from the right-of-way line. Building e7 Bcolumns supporting upper stories may be located / / within this ten-foot setback provided an adequate pedestrian passageway is Notary Public maintained. Side- None sTuRgs Rear- None cx/ 2 r'9 7 (51 Maximum front yard 12 ft. J 16) Minimum building _ height: 35 ft. 171 Maximum building bulk: Height- 75 ft. Lot coverage- None Floor area ratio: Permitted base- 3.0 above grade 4.0 including basement or cellar Maximum with 5.0 above grade approved bonuses (see Sec. 36- 6 6.0 including basement or cellar 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 / 1 OP-U. H 4 .3(a I 1 er- OFFICIAL PUBLICATION 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 12th day of April, 1994. AYOR • ,l ATTEST:_22 �fJ CITY CL K 9388 April 20,1994 /1 Drcj ORDINANCE NO. 94-3615 AN ORDINANCE REPEALING ORDINANCE NO. 75-2772 VACATING THE SOUTHERN 97 FEET OF THE NORTH-SOUTH ALLEY IN BLOCK 102 OF THE ORIGINAL TOWN OF IOWA CITY BOUNDED BY CLINTON, BURLINGTON, DUBUQUE AND COURT STREETS WHEREAS, the City Council adopted Ordinance No. 75-2772 vacating the southern 97 feet of the north-south alley in Block 102 of the Original Town of Iowa City; and WHEREAS, The City of Iowa City did not dispose of the vacated portion of the alley; and WHEREAS, that portion of the alley continues to function as means of public access. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION 1. VACATION. The City of Iowa City hereby repeals Ordinance No. 75-2772 which vacated the portion of the alley in Block 102 bounded by Clinton, Burlington, Dubuque and Court streets legally described as follows: The southern 97 feet of the north-south alley in Block 102 of the Original town of Iowa City bounded by Clinton, Burlington, Dubuque and Court Streets. 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 12th day of April , 1994. AYOR 444 )77 ATTEST: 4..eay)� /L) CITY CL Rl e�K Approved by City Attorney's Office / Z -as yY ppdadmin\n-salley.ord (Z Ordinance No. 94-3615 Page 2 It was moved by Novick and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton First Consideration 3/8/94 Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration '3/29/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 4/20/94 /Z • • mai 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. 94-3615 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of April , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of April 19 94 - Dated at Iowa City, Iowa, this 13th day of "-1ay , 19 94 . "'Susan Walsh Deputy City Clerk 1walsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52260-1836 ��� FAX(319) 356-5009 era ) ORD 3 /. i5 OFF CIAL PUBLICATION ORDINANCE NO. 94-3615 AN ORDINANCE REPEALING ORDINANCE NO. 75-2772 VACATING THE SOUTHERN 97 FEET OF THE NORTH-SOUTH ALLEY IN BLOCK 102 OF THE ORIGINAL TOWN OF IOWA CITY BOUNDED BY CLINTON, BURLINGTON, DUBUQUE AND COURT STREETS Printer's fee $ WHEREAS, the City Council adopted Ordinance No. 75-2772 vacating the southern CERTIFICATE OF PUBLICATION 9Original feetof the north-south alley in Block 102 of the OriTown of Iowa City; and STATE OF IOWA Johnson County, ss: WHEREAS, The City of Iowa City did not Jdispose of the vacated portion of the alley;and THE IOWA CITY PRESS-CITIZEN WHEREAS, that portion of the alley FED. ID # 42-0330670 continues to function as means of public access. Margaret Rios, being duly sworn, OFFICIAL PUBLICATION say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,IOWA,THAT: a newspaper published in said SECTION 1. VACATION. The City of Iowa county and that a notice a City hereby repeals Ordinance No. 75-2772 f which vacated the portion of the alley in Block printed copy of which is hereto 102 bounded by Clinton, Burlington, Dubuque and Court streets legally described as follows: attached, was published in said The southern 97 feet of the north-south • paper / time(s), on the alley in Block 102 of the Original town of Iowa City bounded by Clinton, Burlington, following date(s): Dubuque and Court Streets. 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 Legal Clerk or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Subscribed and sworn to before me Ordinance shall be in effect after its final passage,approval and publication,as provided / by law. this day of ! a-7 , A.D. Passed and approved this 12th day of I is 91/ April, 1994. IyfAYOR 1.. y���y(, 4 , Notary Public ATT CITY CLERK �" .: 9387 April20,1994 e SHARON STUBBS — �k z-�-4? ORDINANCE NO. 94-9616 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 7,500 SQUARE FOOT PARCEL OF LAND, LOCATED IN THE 1300 BLOCK SOUTH OF SHERIDAN AVENUE, IOWA CITY, IOWA. WHEREAS, the applicant, The Breese Co., Inc., has requested the City to rezone approximately 7,500 square feet of land located in the 1300 Block south of Sheridan Avenue, Iowa City, Iowa, from I-1, General Industrial, to RS-8, Medium Density Single- Family Residential; and WHEREAS, the property is not large enough to accommodate industrial development; and WHEREAS,industrial development would not be appropriate in the midst of the existing low density residential neighborhood; and WHEREAS,the requested RS-8 zoning would permit single-family or duplex development consistent with the Comprehensive Plan designation for the area; and WHEREAS, an RS-8 zoning designation of the request site would be in harmony with existing residential development of the surrounding neighborhood and would be consistent with the earlier rezoning of the larger surrounding tract which will redevelop with this parcel. 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 I-1, General Industrial, to RS-8, Medium Density Single-Family Residential: Beginning at a point on the south line of Sheridan Avenue, Iowa City, 102 feet (some- times referred to as 102.70 feet in the record title) east of the east line of the West Half (WY:) of the Northwest Quarter (NWA) of Section 14,Township 79 North, Range 6 West of the 5th P.M.; thence south parallel with the east line of said West Half (WY/) of the Northwest Quarter (NW%) of Section 14, 150 feet; thence east parallel with the south line of said Sheridan Avenue 50 feet; thence north parallel with the said east line of the West Half (WA) of the Northwest Quarter (NWY.) of Section 14, 150 feet to the south line of Sheridan Avenue; thence west along the south l3 Ordinance No. 94-9616 Page 2 line of said Sheridan Avenue 50 feet to the place of beginning. 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 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 26th day of April, 1994. a--It 591. ViAe-47,1)r-75--- AYOR ATTEST: 2 �.J CITY CL K Approved by City Attorney's Office --33 ' 75,—yy ppdadmmtanaddan.ard Ordinance No. 94-3616 Page 3 It was moved by Lehman and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz X Kubby Lehman Novick x Pigott x Throgmorton First Consideration 3/29/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Pigott, Throgmorton, Baker. NAYS: Novick. ABSENT: None. Second Consideration 4/12/94 Vote for passage: AYES: Novick, Baker, Horowitz, Kubby, Lehman Pigott, Throgmorton. ABSENT: None. NAYS: None Date published 5/4/94 • � I ;_ir nc.. z 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. 94-3616 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of April , 19 94 , 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 94 . Dated at Iowa City, Iowa, this 10th day of June , 19 94 Susan Walsh Deputy City Clerk Iwalsh.Ort CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (J 19) 336-5000 IOWA CITY IOWA 52240-1826Ofri FAX(3I9) 356-5009 oma. 9Y--36,/ , Printer's fee $ 4-7t• FP CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION STATE OF IOWA,Johnson County, ss: ORDINANCE NO. 94-1616 feet;thence east parallel with the south line of said Sheridan Avenue 50 feet; thence north THE IOWA CITY PRESS-CITIZEN AN ORDINANCE AMENDING THE ZONING parallel with the said east line of the West Half FED.ID# 42-0330670 ORDINANCE BY CHANGING THE USE (W1.) of the Northwest Quarter (NW',4) of REGULATIONS OF AN APPROXIMATE 7,500 Section 14, 150 feet to the south line of SQUARE FOOT PARCEL OF LAND. LOCATED Sheridan Avenue;thence west along the south I, IN THE 1300 BLOCK SOUTH OF SHERIDAN line of said Sheridan Avenue 50 feet to the Margaret Rios, being duly sworn, AVENUE, IOWA CITY, IOWA. place of beginning. of SECTION II. ZONING MAP. The Building say that I am the legal clerk WHEREAS, the applicant, The Breese Co., Inspector is hereby authorized and directed to the IOWA CITY PRESS-CITIZEN, Inc., has requested the City to rezone change the Zoning Map of the City of Iowa approximately 7,500 square feet of land City,Iowa.to conform to this amendment upon a newspaper published in said located in the 1300 Block south of Sheridan final passage, approval and publication of this county, and that a notice, a Avenue. Iowa City, Iowa, from I-1, General Ordinance as provided by law. Industrial, to RS-8, Medium Density Single- SECTION III. CERTIFICATION AND printed copy of which is hereto Family Residential;and RECORDING. The City Clerk is hereby attached, was published in saidWHEREAS, the property is not large enough authorized and directed to certify a copy of this to accommodate industrial development; and Ordinance which shall be recorded at the Office paper / time(s) on the WHEREAS,industrial development would not of the County Recorder of Johnson County, be appropriate in the midst of the existing low Iowa, upon final passage and publication as following date(s): density residential neighborhood;and provided by law. WHEREAS,the requested R5-8 zoning would SECTION IV. REPEALER. All ordinances and permit single-family or duplex development parts of ordinances in conflict with the Co� / ��� consistent with the Comprehensive Plan provisions of this Ordinance are hereby designation for the area;and repealed. WHEREAS,an RS-8 zoning designation of the SECTION EC I V.or part SEVERABILITY.of e IIf fn eany shallsection, request site would be in harmony with existing provision �� �.�L`Q� residential development of the surrounding adjudged to be invalid or unconstitutional,such be neighborhood and would be consistent with the adjudication shall not affect the validitti of the L-' Ordinance as a whole or any section,provision �C earlier rezoning of the larger surrounding tract or part thereof not adjudged invalid or Legal Clerk which will redevelop with this parcel. unconstitutional. NOW,THEREFORE-BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION VI. EFFECTIVE DATE. This Subscribed and sworn to before me IOWA,THAT: Ordinance shall be in effect after its final SECTION I. APPROVAL. The property passage,approval and publication,as provided thisA.D. described below is hereby reclassified from its by law. 4 day of9 , Apresent classification of I-1,General Industrial, Passed and approved this 26th day of Li. to RS-8, Medium Density Single-Family April, 1994. 19 9 l. Residential: jBeginning at a point on the south line of o-r- Sheridan Avenue, Iowa City, 102 feet (some- AYOR � times referred to as 102.70 feet in the record title) east of the east line of the West Half Notary Public IWV.I of the Northwest Quarter (NW'%.) of �/ Section 14,Township 79 North,Range 6 West ATTEST:� -sJ 71" 6.`i .!,- SHARON STUBBS of the 5th P.M.;thence south parallel with the CITY CLERK _ east line of said West Half (WY.) of the AP.!,--JE:."( -�S 97.1 Northwest Quarter INW''/.l of Section 14, 150 6294 May4,1994 /• � bra. Btc ORDINANCE NO. 94-3617 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ESTABLISHING THE BROWN STREET HISTORIC DISTRICT AS AN HISTORIC PRESERVATION OVERLAY ZONE. WHEREAS, the Iowa City Historic Preservation Plan, contained in the Comprehensive Plan of Iowa City, recommends consideration of a Brown Street Historic District; and WHEREAS, the Iowa City Historic Preservation Commission has completed a study of the proposed Brown Street Historic District and has found that the area is visually and historically significant in the history of Iowa City; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Brown Street Historic District and has found that it complies with the Comprehensive Plan, the Zoning Ordinance and proposed public improvements in the area; and WHEREAS, the creation of the Brown Street Historic District will help to preserve property values and to preserve the historic and visual character of the district for the enjoyment of current and future residents of Iowa City. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The Brown Street Historic District, legally described below and illustrated on Exhibit A attached hereto and incorporated by this reference, be established as a Historic Preservation Overlay Zone. An area containing the northern half of Blocks 11, 12, 32, 33, 52 and 53, Original Town, Iowa City, Iowa, as shown on a plat recorded in the Johnson County Recorder's Office in Book 1, Page 116 (hereinafter said plat is referred to as "Original Town"). Block Outlots 13, O.L. 16, O.L. 17 and O.L. 18, all lots fronting Brown Street and Linn Street on O.L. 19 of said Original Town. Said area also containing all lots except Lot 4 of the north half of Block 73, Original Town. Said area also containing Lots 1 through 14 Bella Vista Place. Said area also to contain the east half of Outlot 14 and the east 10 feet of the south 170 feet of the west half of Outlot 14, ILF Ordinance No. 94-3617 Page 2 Original Town. Also including the south 100 feet by 160 feet of the west half of Outlot 14, Original Town. Said area also to contain the south half of Outlot 15, except: Commencing 100 'feet north of the southeast corner of Outlot 15, in Iowa City, Iowa, according to the recorded plat thereof, on the west side of Dodge Street; thence west 60 feet; thence north 70 feet; thence east 60 feet to the west side of Dodge Street; thence south 70 feet to the place of beginning, Original Town, Iowa City, Iowa. Also including: The west 170 feet by 170 feet of Outlot 15 in Iowa City, Iowa, according to the recorded plat thereof; also commencing at a point on the south line of Section 3, Township 79 North, Range 6 West of the 5th P.M., which point is 150 feet west of the northeast corner of said Outlot 15 in Iowa City, Iowa, thence west 181 feet to a point 11 feet west of the northwest corner of said Outlot 15, thence north 109 feet, thence northeasterly to a point 122.5 feet north of the point of beginning, thence south 122.5 feet to the point of beginning, being a part of Lot 25 in the subdivision of the southeast quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 1, Page 1, Rat Records of Johnson County, Iowa. Also including: The following portion of Lot 25 of the subdivision of the SEA of Section 3, Township 79 North, Range 6 West of the 5th P.M. Commencing at a point 11 feet west of the east line of Johnson Street of the Original Town of Iowa City, Iowa, thence north parallel with Johnson Street 109 feet, thence west 248 feet to a point on the west line of Lot 25, thence south 109 feet, thence east along the south line of said Lot 25, 248 feet to point of beginning. 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. REPEALER. All ordinances and parts of ordinances in conflict with the 11 Ordinance No. 94-3617 Page 3 provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of May, 1994. ae-A-A4a-vt )37 . S i(r\ 0O R ATTEST: :as+J 7T• 9 CITY CLERK Approved by lfia . LAR Jo�— City Attorney's Office/] 3-a5-9y ppdadmin\brownstord 14 Ordinance No. 94-3617 Page 4 It was moved by Pi gpr r and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X— Baker X Horowitz X Kubby X Lehman X Novick X • Pigott Throgmorton First Consideration 4/12/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. ABSENT: None . NAYS: None Second Consideration 4/26/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None ABSENT: None Date published 5/18/94 rf +1 i?D' III co a . r a 6 ® I ■ ,sum Inn z A t N `..'41' itrA, LINN STREE IMI 730 ft 310414 03113 315 y krv 6+ ®m : sri 821 - GILBERT STREET. CO ■. nm S bets 4=� x —N 40, o - M5 + D = ® : w .0 4z7 - . SI 43i VAN BU ' N STS Ma CD 14. t_ Ill s= ill CD -1 s 530 W - 533 538 rF — I .. ,ME 15 msea' 0n JOHNSON STREET : T ,r, I I ' ■l, 810 �� o xi I om , ii ez. HP i illir DODGE S REET _ Wag ® -I, , _ 1�1 _ o ' - • -I N V LUCAS ST = • ie m ' 2, _ �" �— v 0 / GOVERNOR• • ST Ef D i �� `� II I I I T IIII�T ' T:YIL. . , :;Jnr Alien 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. 94-3617 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of May , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of May 19 94 Dated at Iowa City, Iowa, this 10th day of June , 19 94 „Lam ukezvi Susan Walsh • Deputy City Clerk IwaIsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 53160-1836 FAX(319) 156-5009 (--)Ku, 1y -3(oI) Printer's fee $ 37'5° CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN FED. ID# 42-0330670 OFFICIAL PUBLICATION OFFICIAL PUBLICATION I; SECTION I. APPROVAL. The Brown Street Section 3, Township 79 North; Range 0 Margaret Rios, being duly sworn, Historic District, legally described below and West of the 5th P.M.,according to the plat illustrated on Exhibit A attached hereto and thereof recorded in Plat Book 1, Page 1, say that I am the legal clerk of . incorporated by this reference, be established Plat Records of Johnson County,Iowa. the IOWA CITY PRESS-CITIZENf as a Historic Preservation Overlay Zone. Also including: The following portion of Lot 25 of the subdivision of the SE'/. of An area containing the northern half of a newspaper published in said Blocks 11, 12,32,33,52 and 53,Original Section 3, Township 79 North, Range 6 Town,Iowa City,Iowa,as shown on a plat West of the 5th P.M. Commencing at a county, and that a notice, a recorded in the Johnson County Recorder's point 11 feet west of the east line of printed copyof which is hereto Office in Book 1, Page 116 (hereinafter Johnson Street of the Original Town of said plat is referred to as"Original Town"). Iowa City,Iowa,thence north parallel with attached, was published in said Block Outlots 13, O.L. 16, O.L. 17 and Johnson Street 109 feet,thence west 248 O.L. 18,all lots fronting Brown Street and feet to a point on the west line of Lot 25, paper time(s), on the Linn Street on O.L. 19 of said Original thence south 109 feet, thence east along following date(s): Town. Said area also containing all lots the south line of said Lot 25, 248 feet to except Lot 4 of the north half of Block 73, point of beginning. Original Town. Said area also containing SECTION II. ZONING MAP. The Building r- /2 / c2Lots 1 through 14 Bella Vista Place. Inspector is hereby authorized and directed to Said area also to contain the east half of change the Zoning Map of the City of Iowa Outlot 14 and the east 10 feet of the south City,Iowa,to conform to this amendment upon 170 feet of the west half of Outlot 14, final passage,approval and publication of this Original Town. Also including the south ordinance as provided by law. 100 feet by 160 feet of the west half of SECTION III. REPEALER. All ordinances and /=!2.--4..v-• i --' Outlot 14,Original Town. Darts of ordinances in conflict with the 61 Said area also to contain the south half provisions of this Ordinance are hereby Legal Clerk of Outlot 15, except: Commencing 100 repealed. feet north of the southeast corner of Outlot SECTION IV. SEVERABILITY. If any section, 15, in Iowa City, Iowa, according to the provision or part of the Ordinance shall be Subscribed and sworn to before me recorded plat thereof, on the west side of adjudged to be invalid or unconstitutional,such Dodge Street;thence west 60 feet;thence adjudication shall not affect the validity of the this ay of ,D, north 70 feet; thence east 60 feet to the Ordinance as a whole or any section,provision west side of Dodge Street; thence south or part thereof not adjudged invalid or 70 feet to the place of beginning, Original unconstitutional. 19� 1• Town.Iowa City, Iowa. SECTION V. EFFECTIVE DATE. This / Also including: The west 170 feet by Ordinance shall be in effect after its final 5.,....ka_____Lzi IF - 170 feet of Outlot 15 in Iowa City, Iowa, passage,approval and publication,as provided � /� according to the recorded plat thereof;also by law. / A"'" commencing at a point on the south line of Passed and approved this Inth day of Notary Public Section 3, Township 79 North, Range 6 May, 1994. West of the 5th P.M.,which point is 150 ��raL a .. feet west of the northeast corner of said f• i SHARON STUBBS Outlot 15 in Iowa City,Iowa,thence west .f�-4Q� )71 . ilerter-7.-<-)--,5 /�—9 7 181 feet to a point 11 feet west of the M OR Ow �t ��`� northwest corner of said Outlot 15,thence north 109 feet, thence northeasterly to a point 122.5 feet north of the point of 2-1'.4<•-.)4.4,--) J 1/v� OFFICIAL PUBLICATION beginning, thence south 122.5 feet to the ATTEST: 7fica- point of beginning,being a part of Lot 25 in CITY CLERK ORDINANCE NO. 94-3617 the subdivision of the southeast quarter of AN ORDINANCE AMENDING THE ZONINGW ` ):4411111111' ORDINANCE BY ESTABLISHING THE BROWN + ± ` STREETSHISTORICNDISTRICTAAS AN HISTORIC ` — PRESERVATION OVERLAY ZONE. ,, - WHEREAS, the Iowa City Historic a_ Preservation Plan, contained in the Comprehensive Plan of Iowa City,recommends Ki K►LL ' o 111 consideration of a Brown Street Historic District;and \ ' 4. / rr WHEREAS, the Iowa City Historic Preservation Commission has completed a study of the proposed Brown Street Historic ` ' .., -Erriii District and has found that the area is visually `" _ and historically significant in the history of \ 1, LI 1 g W a W I I HAPPYf HOLLOW Iowa City;and '" " a Lu w NMI WHEREAS, the Planning and Zoning F I- to F ■ Commission has reviewed the proposed Brown ,, , ,,„Kr "lin,.-1-111111.-an ,111111.v,a■, Street Historic District and has found that it BROWN STREET �J •complies with the Comprehensive Plan, the I �" RI,;,:i g _;j;• > ,...7:7-7i0 "§E.;; I."'"'"_N H .""'""`" l i Zoning Ordinance and proposed public - ,n- 7 -";Itl,..`_ ' AMMO,'�_ r , 6 ti improvements in the area;and _ F hL^ _Z _ WHEREAS,the creation of the Brown Streetr ap— —w U, -Historic District will help to preserve property RONALDSZ m ZSTREET o values and to preserve the historic and visual _Z _J— Z ..= O la■� .o— character of the district for the enjoyment of ti ___J 3— >MIV"-'— -L current and future residents of Iowa City. 111��� NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, Brown Street Historic District Exhibit A IOWA,THAT: 18354 May 18,1994 I (1� bra. ?,K ORDINANCE NO. 94-3618 AN ORDINANCE AMENDING ORDINANCE NO. 93-3577 AND THE ACCOMPANYING CONDITIONAL ZONING AGREEMENT FOR A 71.05 ACRE TRACT KNOWN AS WILD PRAIRIE ESTATES, LOCATED NORTH OF ROHRET ROAD. WHEREAS, on June 8, 1993, the City Council approved Ordinance No. 93-3577 (hereinafter "Ordinance"), rezoning an approximately 71.05 acre tract, 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, said Ordinance authorized execution of a Conditional Zoning Agreement between the City of Iowa City and Kennedy- Hilgenberg Enterprises ("Owner"), which Agreement limited development of the subject property; and WHEREAS, Condition 4.c. set forth in the Conditional Zoning Agreement, recorded on June 11, 1993, in Book 1559, Page 103 of the Johnson County Recorder's Office provides: "No building permits for lots on the property described above will be issued until the upgrade of the Westside Trunk Sewer is completed"; and WHEREAS, conditions subsequently placed on adjacent subdivisions provided that the City would not issue building permits until the City awarded the contract for the construction of the upgrade rather than completion of the Westside Trunk Sewer; and WHEREAS, at its February 17, 1994, meeting, the Planning and Zoning Commission recommended 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 Owner now wish to amend to original Ordinance and Conditional Zoning Agreement to make this agreement consistent with conditions placed on other developments. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance No. 93-3577 and the accompanying Conditional Zoning Agreement IS Ordinance No. 94-3618 Page 2 are amended by deleting Section 4.c. of the Agreement in its entirety and adopting, in lieu thereof, the following: c. No building permits for lots on the property described above will be issued until the City of Iowa City awards the contract to construct the Westside Trunk Sewer upgrade. SECTION II. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest the Amended Conditional Zoning Agreement between the City and the property owners and to certify a copy of this Ordinance and Amended Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office, upon final passage and publication as provided by law. The Ordinance and Amended Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office at the City's expense. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of May, 1994. I. L. 'sta . _ 1 AYOR ATTEST: yjtiV✓ CITY CL RK Approved by u/ I 0 '3 , jn City Attorney's Office - 3—"n2�� ppdadminlwildpra.ord i5 Ordinance No. 94-3618 Page '3 It was moved by T,ehman and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz X Kubby X Lehman X Novick x Pigott x Throgmorton First Consideration r/12/94 Vote for passage:AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, NAYS: None. ABSENT: None. Second Consideration 4/26/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYES: None ABSENT: Baker - Date published 5/18/94 15 AMENDED CONDITIONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Kennedy-Hilgenberg Enterprises (hereinafter "Owner"). • WHEREAS, Owner is legal title holder of property located north of Rohret Road between Hunters Run and Southwest Estates subdivisions, known as Wild Prairie Estates, and legally described on Exhibit A attached hereto; and WHEREAS, on June 8, 1993, the City Council of Iowa City approved Ordinance No. 93-3577 (hereinafter "Ordinance") rezoning the approximate 71 .05 acre tract of property, known as Wild Prairie Estates, from ID-RS, Interim Development Single-Family 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 Owner which limited development of the property; and WHEREAS, said Ordinance and Agreement were recorded on June 11, 1993, in Book 1559, Page 103 of the Johnson County Recorder's Office; and WHEREAS, Condition 4.c. set forth in the Agreement provides: "No building permits for lots on the property described above will be issued until the upgrade of the Westside Trunk Sewer is complete; and WHEREAS, conditions subsequently placed on adjacent subdivisions provided that the City would not issue building permits until the City awarded the contract for the construction of the upgrade rather than completion of the Westside Trunk Sewer; and WHEREAS, the City and Owner now wish to amend the Conditional Zoning Agreement to make conditions relating to the issuance of building permits consistent for all developments in the area. NOW, THEREFORE, THE CITY AND OWNER AGREE AS FOLLOWS: 1. The City and Owner acknowledge that Condition 4.c. of the original Conditional Zoning Agreement is more restrictive than conditions placed on adjacent subdivisions, Hunters Run and Southwest Estates. 2. The City and Owner now wish to amend the original Conditional Zoning Agreement for Wild Prairie Estates so that it is consistent with conditions placed on those adjacent subdivisions. 3. The original Conditional Zoning Agreement dated June 8, 1993, and recorded in Book 1559, Page 103 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. No building permits for lots on the above described property will be issued until • the City of Iowa City awards the contract for construction of the Westside Trunk Sewer Upgrade. L5 - 2 - 4. The City and Owner 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 protect the public safety of both the residents in the area and the community. 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 City and Owner 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 Owner further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the City and Owner. 7. Nothing in this Agreement shall be construed to relieve the Owner from complying with all applicable 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 Owner agree that the City shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office. Dated this fD h day ofa1.3 , 1994. • KENNEDY-HILGENBERG ENTERPRISES CITY OF IOWA CITY By BY Jerry ) M ilgenbe g Susan M. Horwitz, Mayor By f° Attest N2aeat aJ Y/f• 21 J.R. Kennedy _ Marian K. Karr, City Clerk Approved by: • L } City Attorney's Office Y-12•9'1 /5 • - 3 - STATE OF IOWA ) )ss: JOHNSON COUNTY 1 On this /p day of 11(ait 19 94 , before me, S0,a¢ rftt-.jr. Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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. q -- f6 adopted by the City Council on the /0 141 day of M. , 19 4f , and that Susan M. Horowitz 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. Scrba4c..a.. reeve Notary Public in and for the State of Iowa STATE OF IOWA ) • )ss: JOHNSON COUNTY 1 On this 5/ day of AA/I.02. , 1994, 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. , `�.,`` 1JOANNE BRADY " — ' `z`" � / MY COMMI$SION EWES I Nota$ublic in and for the Sta of Iowa STATE OF IOWA 1 )ss: JOHNSON COUNTY 1 On this ...h-Clay of /,.fes/ , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, per f.nally 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. . aLet.Astil4 ` , -/ N tar Public in and for the St/ of Iowa kennedy.acz _j JOANKE 6P .;`f l/ ft 15 EXHIBIT A Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N 00°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 NO1 °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 with the west line of the Southwest Quarter; thence S89°31'00"E, 675.85 feet; thence SO1 °23'49"W, 412.19 feet; thence S24°08'31 "W, 147.59 feet; thence S13°13'45"W, 109.04 feet; thence SO1 °42'03"E, 109.10 feet; thence 512°37'44"E, 141 .231 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. ppdadmin\exhibit.a 15 '' .• gni=-; 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. 94-3618 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of May , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of May 19 94 . Dated at Iowa City, Iowa, this 10th day of June 19 94 .9-{A407)/ Aj• Webed) Susan Walsh Deputy City Clerk (wrm.c,t CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (J 19) 356-5000 IOWA CITY IOWA 52240-1826 3 FAX(319) 336-3009 6x" / 5 OKI)- 1 J L`.6 OFFICIAL PUBLICATION• J M between the City of Iowa City and Kennedy- Printer's fee $ 9e/ / Hilgenberg Enterprises ("Owner"), which Agreement limited development of the subject property;and CERTIFICATE OF PUBLICATION WHEREAS, Condition 4.c. set forth in the Conditional Zoning Agreement, recorded on STATE OF IOWA, Johnson County, ss: June 11, 1993,in Book 1559,Page 103 of the THE IOWA CITY PRESS-CITIZEN Johnson County Recorder's Office provides: "No building permits for lots on the property FED. ID # 42-0330670 described above will be issued until the upgrade of the Westside Trunk Sewer is completed"; and WHEREAS, conditions subsequently placed Margaret Rios, being duly sworn, on adjacent subdivisions provided that the City would not issue building permits until the City say that I am the legal clerk of awarded the contract for the construction of the IOWA CITY PRESS-CITIZEN, the Westside T upgradratherSewthan andcompletionof the a newspaper published in said WHEREAS, at its February 17, 1994, county, and that a notice, a printed copy of which is hereto OFFICIAL PUBLICATION attached, waspublished in said meeting,mmthe Planning and ofZotheh proposed recommended approval of proposed paper time(s), on the amendment to Section 4.c. of the Conditional Zoning Agreement between the City and the following date(s): Developer; and WHEREAS,the City and Owner now wish to / 9/37 amend to original Ordinance and Conditional 7'7 Zoning Agreement to make this agreement consistent with conditions placed on other developments. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 10'NA: SECTION I. Ordinance No. 93-3577 and the VV Legal Clerk accompanying Conditional Zoning Agreement are amended by deleting Section 4,c, of the Agreement in its entirety and adopting,in lieu Subscribed and sworn to before me thereof, the following: this A day of , A.D, Turn to next page 19gY. OFFICIAL PUBLICATION OFFICIAL PUBLICATION From previous page c. No building permits for lots on the SECTION IV. SEVERABILITY. If any section, Notary Public property described above will be issued provision or part of the Ordinance shall be ''err.+ until the City of Iowa City awards the adjudged to be invalid or unconstitutional,such SHARON STUBBS contract to construct the Westside Trunk adjudication shall not affect the validity of the • • C _ /5\.97 Sewer upgrade. Ordinance as a whole or any section,provision ' SECTION II. CERTIFICATION AND or part thereof not adjudged invalid or RECORDING. The Mayor is hereby authorized unconstitutional. and directed to sign, and the City Clerk to SECTION V. EFFECTIVE DATE. This attest the Amended Conditional Zoning Ordinance shall be in effect after its final Agreement between the City and the property passage,approval and publication,as provided owners and to certify a copy of this Ordinance by law. OFFICIAL PUBLICATION and Amended Conditional Zoning Agreement Passed and approved this 10th day of for recordation in the Johnson County May, 1994. ORDINANCE NO. 94-3618 Recorder's Office, upon final passage and publication as provided by law. The Ordinance \ AN ORDINANCE AMENDING ORDINANCE NO. and Amended Conditional Zoning Agreement th, 93-3577 AND THE ACCOMPANYING shall be recorded in the Johnson County MAYOR (:ONDITIONAL ZONING AGREEMENT FOR A • Recorder's Office at the City's expense. 71.05 ACRE TRACT KNOWN AS WILD PRAIRIE SECTION III. REPEALER. All ordinances and ESTATES, LOCATED NORTH OF ROHRET parts of ordinances in conflict with the ROAD. provisions of this Ordinance are hereby ATTEST: 24.40...-x% 7k" WHEREAS, on June 8, 1993, the City repealed. CITY CLERK Council approved Ordinance No, 93-3577 EXHIBIT A (hereinafter "Ordinance"), rezoning an approximately 71.05 acre tract, located north of Rohret Road between Hunters Run and Commencing at the Southwest Corner of Section 18,Township 79 North, Range 6 West of Southwest Estates subdivisions, from ID-RS, the Fifth Principal Meridian; thence N 00°53'42"E, 374.89 feet along the west line of the Interim Development Single-Family Residential, Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the to RS-5,Low Density Single-Family Residential; point of beginning. Thence N00°53'42"E, 2265.59 feet along said west line, said line also and being the easterly line of Southwest Estates, Parts 1 through 4,to the Northwest Corner of WHEREAS, said Ordinance authorized the Southwest Quarter of said Section 18;thence N01°06'1 2"E,616.40 feet along the west execution of a Conditional Zoning Agreement line of the Northwest Quarter of said Section 18;thence S89°23'40"E, 1 541.02 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: 15 ORD . 9y - g. 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°1 7'44"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 S13013'45"W, 109.04 feet; thence S01°42'03"E, 109.10 feet; thence S12°37'44"E, 141.231 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. AMENDED CONDITIONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City,Iowa,a Municipal Corporation (hereinafter"the City") and Kennedy-Hilgenberg Enterprises (hereinafter"Owner"I. WHEREAS, Owner is legal title holder of property located north of Rohret Road between Hunters Run and Southwest Estates subdivisions, known as Wild Prairie Estates, and legally described on Exhibit A attached hereto; and WHEREAS,on June 8, 1993,the City Council of Iowa City approved Ordinance No.93-3577 (hereinafter "Ordinance") rezoning the approximate 71.05 acre tract of property, known as Wild Prairie Estates,from ID-RS,Interim Development Single-Family 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 Owner which limited development of the property; and WHEREAS,said Ordinance and Agreement were recorded on June 11, 1993,in Book 1559, Page 103 of the Johnson County Recorder's Office; and WHEREAS,Condition 4.c.set forth in the Agreement provides: "No building permits for lots on the property described above will be issued until the upgrade of the Westside Trunk Sewer is complete;and WHEREAS, conditions subsequently placed on adjacent subdivisions provided that the City would not issue building permits until the City awarded the contract for the construction of the upgrade rather than completion of the Westside Trunk Sewer;and WHEREAS, the City and Owner now wish to amend the Conditional Zoning Agreement to make conditions relating to the issuance of building permits consistent for all developments in the area. NOW, THEREFORE, THE CITY AND OWNER AGREE AS FOLLOWS: 1. The City and Owner acknowledge that Condition 4.c.of the original Conditional Zoning Agreement is more restrictive than conditions placed on adjacent subdivisions,Hunters Run and Southwest Estates. 2. The City and Owner now wish to amend the original Conditional Zoning Agreement for Wild Prairie Estates so that it is consistent with conditions placed on those adjacent subdivisions. 3. The original Conditional Zoning Agreement dated June 8, 1993,and recorded in Book 1559, Page 103 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. No building permits for lots on the above described property will be issued until the City of Iowa City awards the contract for construction of the Westside Trunk Sewer Upgrade. 4. The City and Owner acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 4414.5 119931 and are appropriate conditions required to protect the public safety of both the residents in the area and the community. 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 City and Owner 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 Owner further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the City and Owner. 7. Nothing in this Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations. D,rJ' 3 � 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 Owner agree that the City shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office. Dated this (O day of Mc.i , 1994. KENNEDY-HILGENBERG ENTERPRISES CITY OF IOWA CITY By �/- By �� ` Jerry ilgenbeJ Susan M. Horowitz, Mayor By . Attest k�s4.. �j<n.✓ J.R. Kennedy Marian K. Karr, City Clerk 10355 May 18,1994 ORDINANCE NO. 94-3619 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 7.86 ACRES OF LAND LOCATED AT 2312 MUSCATINE AVENUE, IOWA CITY, IOWA, FROM RFBH, RESIDENTIAL FACTORY BUILT HOUSING, TO CC-2, COMMUNITY COMMERCIAL. WHEREAS, Towncrest Mobile Home Court and Sales Co., Inc., the Owner, and First Muscatine Properties Inc., the Contract Purchaser (hereinafter "applicant") have requested that the City rezone 7.86 Acres of Land located at 2312 Muscatine Avenue, Iowa City, Iowa, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial; and WHEREAS, the subject property is located adjacent to an existing area of commercial development; and WHEREAS, the City deems it appropriate to expand the existing commercial area if the applicant provides buffering between the proposed commercial use and adjacent residential uses and if concerns regarding traffic improvements, the provision of alternative housing for the current tenants of the mobile home court, and site design can be addressed; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting 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 that adjacent streets can accommodate traffic generated from the proposed commercial use of the property and to ensure a proper transition between the proposed commercial use of the subject property and adjacent residential uses ; and WHEREAS, the applicant has agreed to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated 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; and WHEREAS, in voluntary cooperation with the City, the applicant offered to provide partial funding for a program to assist the current tenants of the area to secure alternative housing. Ordinance No. 94-3619 Page 2 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 legally described below is hereby reclassified from its present classification of RFBH, Residential Factory Built Housing, to CC-2, Community Commercial. Commencing at a point 3.52 chains East of the southwest corner of the NW 114 of Sec. 13, Twp. 79 N., R. 6 West of the 5th P.M. thence east 269.2 feet, thence north parallel with the west line of said Section 1321 feet, thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 feet to the place of beginning, containing 8.26 acres, more or less, except commencing 1081 feet north of a point 3.52 chains east of the southwest corner of the said NW 1/4 of Section 13, thence north easterly to a point in the north line of the tract above described, that is 19-1/2 feet easterly from the northwest corner of said tract, thence northwesterly 19-1/2 feet to a point that is 271 feet due north of point of beginning, thence south to point of beginning, subject to the public highway off the south end thereof. The East 12 feet of the South 418 feet of the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13, Twp. 79 N. R. 6 West of the 5th P.M. said point being on the South line of the right of way of the Chicago, Rock Island and Pacific Railway, thence South 28.49 chains to the center of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way; thence North 0°56' East 100'; thence West 100'; thence South 0°56' West 100' to the point of beginning; together with an easement for ingress and egress over the following described property. Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 30'; Ib Ordinance No. 94-3619 Page 3 thence North 0°56' East 130'; thence West 80'; thence South 0°56' West 30' to the North line of the above described property; thence East 50' to the NE corner of the above described property; thence South 0°56' West to the point of beginning. 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 attached Conditional Zoning Agreement. 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 applicant 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 24th of May, L 4. AYOR ATTEST: . Q/n ♦ • td/ 1/ CITY CLERK • Approved by ificupla_ Jut__ City Attorney's Office 54)gig./ ppdadminlmuscafne.ard I (0 It was moved by Lehman and seconded by Raker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz x Kubby x Lehman Novick Pigott Throgmorton First Consideration 5/10/94 VoteforpassageAYES: Baker, Horowitz, Lehman, Novick, Pigott. NAYS: Kubby, Throgmorton. ABSENT: None. Second Consideration Vote for passage: Date published 6/1/94 • Moved by Throgmorton, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for passage at the 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 fianl passage at this time. AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. 16 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), Towncrest Mobile Home Court and Sales Co. Inc. (hereinafter 'Owner") and First Muscatine Properties Inc. (hereinafter "Applicant'). WHEREAS, the Applicant has contracted to purchase the property located at 2312 Muscatine Avenue, Iowa City, Iowa, subject to the City's rezoning the property; and WHEREAS, Applicant, as contract purchaser, and Owner, as legal title holder, have requested the City to rezone the 7.86 acres of land located at 2312 Muscatine Avenue, Iowa City. Iowa, from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial; and WHEREAS, Iowa Code§414.5 (1993)provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations,to satisfy public needs directly caused by the requested change; and WHEREAS,Owner and Applicant acknowledge that certain conditions and restrictions are reason- able to ensure appropriate commercial development adjacent to residential neighborhoods in Iowa City and ensure adequate traffic circulation. NOW,THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Towncrest Mobile Home Court is the owner and legal title holder of the property located at 2312 Muscatine Avenue, Iowa City, Iowa, legally described as follows: Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 of Sec. 13, Twp. 79 N., R. 6 West of the 5th P.M. thence east 269.2 feet, thence north parallel with the west line of said Section 1321 feet, thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 feet to the place of beginning, containing 8.26 acres, more or less, except commencing 1081 feet north of a point 3.52 chains east of the southwest corner of the said NW 1/4 of Section 13, thence north easterly to a point in the north line of the tract above described, that is 19-1/2 feet • easterly from the northwest corner of said tract, thence northwesterly 19-1/2 feet to a point that is 271 feet due north of point of beginning, thence south to point of beginning. subject to the public highway off the south end thereof. The East 12 feet of the South 418 feet of the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13, Twp. 79 N. R. 6 West of the 5th P.M. said point being on the South line of the right of way of the Chicago, Rock Island and Pacific Railway, thence South 28.49 chains to the center of the Bloomington Road; thence East along said center of said road 3.52 chains; thence North 28.49 chains to the South line of the right of way of the Chicago Rock Island and Pacific Railway; thence west along said right of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING: Beginning at a point 33.0' North and 232.32' East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 100' along said right of way;thence North 0°56' East 100';thence West 100'; thence South 0°56' West 100' to the point of beginning; together with an easement for ingress and egress over the following described property. !6 MAY-06-94 09 . 07 FROM. ID' PAGE 3 2 - Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M., thence East 30'; thence North 0°56' East 130'; thence West 80'; thence South 0°56' West 30' to the North line of the above described property; thence East 50' to the NE corner of the above described property; thence South 0°56' West to the point of beginning. 2. Applicant is contract purchaser and equitable title holder of the property, and is the real party in interest herein for zoning purposes, since Applicant's contract to purchase is contingent on City's rezoning the above property. 3. Owner and Applicant acknowledge that the real party in interest is the Applicant, First Muscatine Properties, Inc.; that this Conditional Zoning Agreement will have no force and effect if Owner does not convey title to the Applicant; and that the responsibility for fulfilling the conditions of this Agreement will reside with Applicant when Owner Towncrest Mobile Home Court conveys title to the above property to Applicant. With this in mind, Owner and Applicant acknowledge that if the conditions of this Agreement take effect upon sale of the property to Applicant, that the conditions set forth in Paragraph 5 are the responsibility of Applicant. 4. Applicant and Owner acknowledge that the City wishes to ensure appropriate commercial developm.•• .- . - - - - t• 'al neighborhoods and adequate traffic circulation, and therefore, agree to certain condition over and above City regulations to lessen the impact of the commercial development on the area. 5. In consideration of the City's rezoning the subject property from RFBH, Residential Factory Built Housing, to CC-2, Community Commercial. the Applicant agrees that devel- opment and use of the subject property will conform to the requirements of the CC-2 Zone, as well as the following additional conditions: a. Applicant will grant access easements across the subject property to owners of the James and Hansen properties to provide access to First and Muscatine Avenues. b. The Applicant will relocate the curb cut and driveway on Muscatine Avenue to align with Wade Street, if and when the James property to the west redevelops. c. Applicant will dedicate an additional 71\2 feet of right-of-way for First Avenue and additional 7 feet of right-of-way for Muscatine Avenue. d. The Director of Planning and Community Development must approve a concept plan, including building elevation drawings and a landscaping plan prior to site de- velopment. The concept plan shall include provisions for landscape buffers between the proposed development and the existing residential development to the north and east of the subject property. e. Applicant will establish a pedestrian access easement adjacent to Ralston Creek. The parties shall determine the location of the pedestrian access area at the time of concept plan approval. f. The Applicant shall relocate the existing storm sewer line located under this prop- erty so that it does not conflict with any proposed structures. Applicant and Owner shall grant an easement over the relocated line. • 1 (o MAY-06-94 09. 09 FROM. ID. PAGE 4 - 3 - 6. The Parties acknowledge that the Applicant has agreed to provide $30,000 for the cost of upgrading the intersection of First and Muscatine.The Parties further acknowledge that this fee is based on an estimate of the projected traffic stream that will be generated by the proposed commercial development on the subject property. This fee will be paid at such time that the City awards a contract for the First and Muscatine Avenue intersection improvements. 7. The parties acknowledge that the Applicant has agreed to provide up to $150,000 for relocation assistance for the current residents of the Towncrest Mobile Home Park. This assistance will be paid consistent with the estimated relocation costs set forth in Exhibit A attached hereto and incorporated by this reference. Funds for this assistance will be paid to the City of Iowa City, Iowa, when the rezoning takes effect. 8. Applicant, Owner and City agree that the existing Towncrest Mobile Home Park ("Park") will not be closed until the earlier of June 1, 1995 or the date in which no tenants remain at the Park. • 9. Applicant and Owner acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said condi- tions satisfy public needs which are directly caused by the requested zoning change. 10. Applicant and Owner acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agr- eement. 11. 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. 12. The Applicant and Owner acknowledge that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 13. 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. 14. This Conditional Zoning Agreement is conditioned upon Applicant acquiring legal title to the subject property within 210 days of publication of the Ordinance rezoning the subject property. In the event Applicant does not acquire title to the subject property within said time, this Agreement shall terminate and be of no further force and effect; the Applicant and Owner shall have no obligations and liabilities hereunder; and further, the rezoning of the subject property shall be of no force and effect. -A Dated this 24 day of May , 1994. ((O MMX—no—`J' ,O.I. : ,UCI CIC1JfI au: rMl.t b - 4 - • Dated this Z1 day of 'Vic c , 1994. CITY OF IOWA CITY, IOWA C25 By: 7h � Susan M. Horowitz, Mayor By:,204,042J W Susan, K. Walsh, Deputy Cit Cle OWNER By: 116 al),,1.2c : �CS i1\- . &wncrest Mobile '7'jj Court • Sales Co. Inc. nAPPLICANT By: ` trivrcca- • -'e✓vl< tice.c._) First Muscatine Properties Inc. Approved by: l_../ `�' G. - rat- City Attorneys Office ��4/7 V STATE OF IOWA ) ss: JOHNSON COUNTY ) On this l day of 14•R y _. 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 1T,4e-;c - �.g ti-t-P , to me personally known, who being by me duly sworn did say that he\she is the-r-ss, pati+ T--; 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 3 . ,h. 04 t -t p as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him\her voluntarily executed. Nota ublic in and for the State 'of.I wa ((a MAY-06-94 09.06 FROM. ID. PAGE 6 - 5 - STATE OF fLL2M4) ) ss: . )Pock riled COUNTY ) On this kag day of �Y� , 1994, before me, the undersigned, a Notary Public in and for the State of$11;^personally appeared Connie. 4. EcKerm4.,n , to me personally known, who being by me duly sworn did say that Isti\she is the Py-es;aunt , 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 Cc n;e A. ecketriawrt as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by ixim\her voLI ilyexecutod "OFFICIAL SEAL" c' DEE ANN RUNNELS a- G Notary Public, Illinois !Ay Commission Exp s Nota Public in and for th State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this L4f-f` day of JV1aij • , 1994, before me, SOf-draa- ;.71/1/4- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Susan K. waT to rge1rsonaliy 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. y4 — 3615. passed by the City Council on the z4( i± day of , 1994, and that Susan M. Horowitz and Susan IC.Walsh acknowledged the execbtion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Surana< ; Notary Public in and for the State of Iowa PIAJOUIuh.\IowllcrA.cza Cc EXHIBIT A RELOCATION ASSISTANCE The applicant has agreed to provide relocation assistance to the current tenants of the Towncrest Mobile Home Court. This assistance shall be used for moving expenses and to secure alternative housing units. It will be administered by Community Development Division of the Iowa City Department of Planning and Community Development. Payments will be based on the following schedule: Tenants in rental units $1500 per household. Tenants who relocate owner occupied units $2500 per household. Tenants who own 12' wide or larger owner occupied units who do not relocate their units $4000 per household. Tenants who own 10' or 8' wide owner occupied units who do not relocate their units $3000 per household. The applicant shall receive title and salvage rights for all owner occupied units which are not relocated if relocation assistance is paid to the owner of such units. ((o • �r� d t, , 4.— � 'I l l w� l l` 3'14'4 7ta)Illa 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. 94-3619 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of May , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of June 19 94 . Dated at Iowa City, Iowa, this 7th day of July , 19 94 AdtziaAii K. ( A ) 01366 Susan Walsh Deputy City Clerk Iwalsh.ct CIVIC CENTER • 410 E. WASHINGTON ST. 4"; PHONE (J I9) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 1/461,61re) UKV• '1`t —.S e (1 WHEREAS,the City deems it appropnate to 1 i Di 3 expand the existing commercial area if the thence North 0°56'East 130'; thence West 80'; applicant provides buffering between the thence South 0°56'West 30'to the.North line of proposed commercial use and adjacent the above described property; thence East 50' residential uses and if concerns regarding traffic to the NE corner of the above described improvements, the provision of alternative property; thence South 0°56'West to the point housing for the current tenants of the mobile of beginning. I home court,and site design can be addressed; SECTION II. ZONING MAP. The Building and I ' Inspector is hereby authorized and directed to p WHEREAS. Iowa law provides that the City I change the zoning map of the City of Iowa City, I Printer's fee $ 13'57 92 of Iowa City may impose reasonable conditions Iowa, to conform to this amendment upon the on granting applicant's rezoning request, over final passage, approval and publication of this CERTIFICATE OF PUBLICATION and above existing regulations, to satisfy public Ordinance as provided by law. 1 needs directly caused by the requested change; SECTION III. CERTIFICATION AND , STATE OF IOWA, Johnson County, ss: and RECORDING. The Mayor is hereby authorized THE IOWA CITY PRESS CITIZENWHEREAS, the City wants to ensure that and directed to sign,and the City Clerk to attest, adjacent streets can accommodate traffic the attached Conditional Zoning Agreement. I FED. ID #42-0330670 generated from the proposed commercial use of The City Clerk Is further authorized and directed the property and to ensure a proper transition to certify a copy of this Ordinance and the between the proposed commercial use of the Conditional Zoning Agreement which shall be 1 1, subject property and adjacent residential'uses; recorded by the applicant at the Office of the ' and County Recorder of Johnson County, Iowa, i Margaret Rios, being duly sworn, WHEREAS,the applicant has agreed tome upon final passage and publication as provided say that I am the legal clerk of terms and conditions of the Conditional Zoning by law I the IOWA CITY PRESS CITIZEN Agreement,attached hereto and incorporated by SECTION IV REPEALER All ordinances and I this reference; and parts of ordinances in conflict with the provision a newspaper published in said WHEREAS, the applicants acknowledge of this Ordinance are hereby repealed. that the terms and conditions contained in the SECTION V. SEVERABILITY. If any section, ' county, and that a notice, a Conditional Zoning Agreement are reasonable to provision or part of this Ordinance shall be of which is hereto impose on the land under Iowa Code adjudged to be invalid or unconstitutional, such printedcopy §414.5(1993) and satisfy public needs directly adjudication shall not affect the validity of the attached, was published in said caused by the requested zoning change; and i Ordinance as a whole or any section. provision WHEREAS, in voluntary cooperation with or part thereof not adjudged invalid or i paper / time(s), on the the City,the applicant offered to provide partial unconstitutional. I funding for a program to assist the current SECTION yl. EFFECTIVE DATE. This ' following date(s): tenants of the area to secure alternative Ordinance shall be in effect after its final � +G( housing, passage, approval and publication, as required //Yi f // / / NOW.THEREFORE, BE IT ORDAINED BY by law THE CITY COUNCIL OF THE CITY OF IOWA Passed and approved this 24CI, day „ o_E Nov, CITY, IOWA, THAT' i 1 G. rXll-Y/n�..t-`-- ' SECTION I APPROVAL Subject to the terms N, C i and conditions of the attached Conditional 1 MAYOR \ ��-q�� Zoning Agreement as authorized by §414.5, /77,0,L.,92, /I .. ( - r fro � Code of Iowa (1993), the property legallyI ATTEST../..//J 4 . Si 11 described below is hereby reclassified from its I CITY CLERK Ilr Legal Clerk present classification of RFBH, Residential Factory Built Housing, to CC-2, Community Subscribed and sworn to before me Commercial. Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 of Sec. 13,1 this . day o , A.D. Twp. 79 N., R. 6 West of the 5th P.M. thence east 2692 feet, thence north parallel with the' 19 �// . west line of said Section 1321 feet, thence %/ northwesterly 269.8 feet to a point 1352 feet'' due north of the beginning. thence south 13528 w � feet to the place of beginning, containing 8.281 acres,.more or less, except commencing 1081 feet norm of a point 3.52 chains east of the' Notary Public southwest comer of the said NW 1/4 of Section: °ta a 13,thence north easterty to a pant in the north S S SHARON STUBBS line of the tract above described, that is 19-1/2 E4 E n �_is; I feet easterly from the northwest corner of said' ow 7 1 tract.thence northwesterly 19-1/2 feet to a point) that is 271 feet due north of point of beginning, thence south to point of beginning, subject to the public highway off the south end thereof. I The East 12 feet of the South 418 feet of, — OFFICIAL PUBLICATION the following described property. Beginning at al point an the West line of the NW 1/4 of Sec. 13, Twp.79 N. R.6 West of the 5th P.M.said point ORDINANCE NO. 94-3619 being on the South line of the right of way of the • Chicago, Rock Island and Pacific Railway, AN ORDINANCE AMENDING THE ZONING thence South 28.49 chains to the center of the, ORDINANCE BY CONDITIONALLY , Bloomington Road; thence East along saitl ' CHANGING THE USE REGULATIONS.OF 7.88 ' center of said road 3.52 chains, thence North ACRES OF LAND LOCATED AT 2312 28.49 chains to the South line of the nght of way' MUSCATINE AVENUE, IOWA CITY, IOWA, of the Chicago Rock Island and Pacific Railway FROM RFBH,RESIDENTIAL FACTORY BUILT thence west along said nght of way 3.52 chains HOUSING, TO CC-2, COMMUNITY to the place of beginning. COMMERCIAL. EXCEPTING THEREFROM THE FOLLOWING: I WHEREAS, Towncrest Mobile Home Court Beginning at a.paint 33.0'North and 232 32' and Sales Co., Inc., the Owner, and First East of the Southwest carver of the Northwest i Muscatine Properties Inc., the Contract Quarter of Section 13, Township 78 North, Purchaser (hereinafter "applicant") have Range 6 West of the SU P.M.,thence East 100' requested that the City rezone 7.86 Acres of along said right of way,thence North 0°56'East Land located at 2312 Muscatine Avenue, Iowa 100'; thence West 100'; thence South 0°56' City,Iowa,from RFBH,Residential Factory Built West 100' Co the point of beginning, together Housing,to CC-2,Community Commercial, and with an easement for ingress and egress over WHEREAS, the subject property is located the following described property Beginning at a point 33'North and 332.32' adjacent to an existing area of commercial East of the Southwest corner of Northwest development; and Quarter of Section 13, Township 79 North, .Range 6 West of the 5th P.M.,thence East 3D'; bRo O . -7(41 OFFICIAL OFFICIAL PUBLICATION OFFICIAL PUBLICATION CONDITIONAL ZONING AGREEMENT I a O 3 THIS AGREEMENT Is made by and between the City of Iowa City,Iowa,a Municipal Corporation (hereinafter'City),Towncrest Mobile Home Court and Sales Co.Inc.(hereinafter'Owner')end First Muscatine Properties Inc.(hereinafter'Applicant'). • WHEREAS, the Applicant has contracted to purchase the property located at 2312 Muscatine Avenue,Iowa City,Iowa,subject to the City's rezoning the property;and ' WHEREAS,Applicant,as contract purchaser,and Owner,as legal title holder,have requested; the City to rezone the 7.86 acres of land located at 2312 Muscatine Avenue, Iowa City.Iowa,. from RFBH, Residential Factory Built Housing,to CC-2,Community Commercial;and WHEREAS,Iowa Code§414.5(1993)provides that the City of Iowa City may Impose reasonable conditions on granting the rezoning request,over and above existing regulations,to satisfy public needs directly caused by the requested change;and WHEREAS,Owner and Applicant acknowledge that certain conditions and restrictions are reason- able to ensure appropriate commercial development adjacent to residential neighborhoods in Iowa City and ensure adequate traffic circulation. - NOW,THEREFORE.in consideration of the mutual promises contained herein,the Parties agree as follows' ° 1. Towncrest Mobile Home Court is the owner and legal title holder of the properly located at 2312 Muscatine Avenue.Iowa City,Iowa,legally described as follows: Commencing at a point 3.52 chains East of the southwest corner of the NW 1/4 of Sec. 13,Twp.79 N.,R.6 West of the 5th P.M. thence east 269.2 feet.thence nort'ii parallel with the west lino of said Section 1321 feet,thence northwesterly 269.8 feet to a point 1352 feet due north of the beginning, thence south 1352 feet to the place of beginning,containing 8.26 acres,more or less,except commencing 1081 feet north of a point 3.52 chains east of the southwest corner of the said NW 1/4 of Section 13,thence north easterly to a point In the north line of the tract above described,that is 194/2 fest easterly from the northwest corner of said tract,thence northwesterly 19-1/2 feet to a point that is 271 feet due north of point of beginning,thence south to point of beginning.subject to the public highway off the south end thereof. The East 12 feet of the South 418 feel of the following described property: Beginning at a point on the West line of the NW 1/4 of Sec. 13.Twp.79 N. R.6 West of the 5th P.M.said point being on the South line of the right of way of the Chicago,Rook Island and Pacific Railway.thence South 28.49 chains to the center of the Bloomington Road;thence East along said center of said road 3.52 chains;thence North 28.49 chains to the South line of the.right of way of the Chicago Rock Island and Pacific Railway; thence west alongsaid nght of way 3.52 chains to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING: Beginning at a point 33.0'North and 232.32'East of the Southwest corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M.; thence East 100'along said nght of way;thence North 0°56'East 100';thence West 100'; thence South 0°56'West 100'to the point of beginning;together with an easement for Ingress and egress over the following described property. Beginning at a point 33' North and 332.32' East of the Southwest corner of Northwest Quarter of Section 13,Township 79 North. Range 6 West of the 5th P.M., thence East 30';thence North 0°56'East 130';thence West 80';thence South 0'56'West 30'to the Nonh line of the above described property;thence East 50'to the NE corner of the above described property,thence South 0°56'West to the point of beginning. '2. Applicant is contract purchaser and equitable title holder of the property,and is the real party in interest herein for zoning purposes. since Applicant's contract to purchase is contingent on City's rezoning the above property. 3. Owner and Applicant acknowledge that the real'party in Interest is the Applicant, First Muscatine Properties,Inc.;that this Conditional Zoning Agreement will have no force and effect II Owner does not convey title to the Applicant; and that the responsibility for fulfilling the conditions of this Agreement will reside with Applicant when Owner Towncrest Mobile Home Court conveys title to the above property to Applicant. With this in mind, Owner and Applicant acknowledge that If the conditions of this Agreement take effect upon sale of the property to Applicant,that the conditions set forth in Paragraph 5 are the responsibility of Applicant. 4. Applicant and Owner acknowledge that the City wishes to ensure appropriate commercial developmpo4adj I neighborhoods and adequate traffic circulation,and therefore,agree to certain condition over and above City regulations to lessen the impact of the commercial development on the area. 5. In consideration of the City's rezoning the subject properly from RFBH, Residential Factory Built Housing,to CC-2.Community Commercial.the Applicant agrees that devel- opment and use of the subject property will conform to the requirements of the CC,2 Zone,as well as the following additional conditions: a. Applicant will grant access easements across the subject property to owners of the James and Hansen properties to provide access to First and Muscatine Avenues. . b. The Applicant will relocate the curb cut and driveway on Muscatine Avenue.le align with Wade Street,if and when the James property to the west redevelops,. c. Applicant will dedicate an additional 7 1\2 feet of right-of-way for First Avenue and additional 7 feet of right-of-way for Muscatine Avenue. /in d. The Director of Planning and Community Development must approve a concept ORu. yy .341 plan.including building elevation drawings and a landscaping plan prior to site de- velopment. The concept plan shall include provisions for landscape buffers ^ �-t between the proposed development and the existing residential development to the (_yl' J north end east of the subject property. e. Applicant will establish a pedestrian access easement adjacent to Ralston Creek. The parties shall determine the location of the pedestrian access area al the time of concept plan approval f. The Applicant shall relocate the existing storm sower line located under this prop- arty so that it does not conflict with any proposed structures. Applicant and Owner shall grant an easement over the relocated line, 6. The Parties acknowledge that the Applicant has agreed to provide$30,000 for the cost of upgrading the intersection of First and Muscatine.The Parties further acknowledge that this fee is based on an estimate of the projected traffic stream that will be generated by' the proposed commercial development on the subject property. This fee will be paid al such time that the City awards a contract for the First and Muscatine Avenue Intersection' improvements. 7. The parties acknowledge that the Applicant has agreed to provide up to$150,000 for relocation assistance for the cunent residents of the Towncrest Mobile Home Park. This assistance will be paid consistent with the estimated relocation costs sot forth in Exhibit A attached hereto and incorporated by this reference. Funds for this assistance win be paid to the City of Iowa City,Iowa,when the rezoning takes effect 8. Applicant,Owner and City agree that the existing Towncrest Mobile Home Park("Park[), will not be closed until the earlier of June 1,1995 or the date in which no tenants remain at the Park. 9. Applicant and Owner acknowledge that the conditions contained heroin are reasonable conditions to impose on the land under Iowa Code§414.5(1993),and that said condi. tions satisfy public needs which are directly caused by the requested zoning change. 1 10. Applicant and Owner acknowledge that in the event the subject property is transferred: sold,redeveloped,or subdivided,all redevelopment will conform with the terms of this Agr- eement. 11. 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. 12. The Applicant and Owner acknowledge that nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local, state and federal regulations. 13. 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 publicationof the Ordinance. this Agreement shall be recorded in the Johnson County, Recorders Office. 14. This Conditional Zoning Agreement is conditioned uponApplicant acquiring legal title to the subject property within 210 days of publication of the Ordinance rezoning the subject property. In the event Applicant does not acquire title to the subject properly within said time,this Agreement shall terminate and be of no further force and effect;the Applicant and Owner shall have no obligations and liabilities hereunder;and further,the rezoning • of the subject property shall be of no force and effect. EXHIBIT A Dated this .29 ' day of /nay ,1994. RELOCATION ASSISTANCE The applicant has agreed to provide relocation assistance to the current tenants of the Towncrest Mobile Home Court. This assistance shall be used for moving expenses and to secure alternative housing units. It will be administered by Community Development Division of the Iowa City Department of Planning end Community Development. Payments will be based on the following schedule: Tenants in rental units 51500 per household. Tenants who relocate owner occupied units $2500 per household. Tenants who own 12'wide or larger owner occupied units who do not relocate their units 94000 per household. . Tenants who own 10'or 8'wide owner occupied units who do not relocate their units 03000 per household. The applicant shall receive title end salvage rights for all owner occupied units which are not relocated if relocation assistance is paid to the owner of such units. Dated this 24 day of Mw,) .1994. OWNER CITY OF IOWA CRY,IOWA By: �.. e �r�•1 �1 wncresl Mobile %Court By. /!.. nil e„ ' k Or a Sales Co.Inc. Susan M. orowitz,Mayor APPLICANT /'I By: /,./f 10' ♦ !_I__.L By acta - Ce Susan K. Walsh, Deputy Cit Clef First Muscatine.Properties Inc. 10532 i,..,., ,nn. I r/.. ORDINANCE NO. 94-3620 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VI, OF THE IOWA CITY CODE OF ORDINANCES BY ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE,REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO DISSOLVE THE BOARD OF EXAMINERS OF ELECTRICIANS AND TO ASSIGN THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS;TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL 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 Electrical Code, or Electrical Code, and may be so cited. SECTION 2. PURPOSE. The purpose of this ordinance is to adopt the 1993 edition of the National Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain amendments thereto, 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 Electrical Code, and to provide penalties for violations of the Electrical Code. SECTION 3. Scope. This ordinance shall apply to and govern electrical work, as defined in the Electrical 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:.wiring or piping on public or private electrical systems, within or on any building or other structure; also the practice and materials used in the installation, maintenance, extension or alteration of electrical systems, to connect with any point of public or private structure. SECTION 4. Sections 8-101 through 8-160 of the Code of Ordinances of the City of Iowa City is hereby repealed and the following new sections 8-101 through 8-160 are enacted in lieu thereof. SECTION 5. Adoption of Electrical Code 1 Ordinance No. 94-3620 Page 2 SEC. 8-101 CODE-ADOPTED. Subject to the amendments described in Section 8-102 below, Chapters 1 through 9 of the 1993 Edition of the National Electrical Code are hereby adopted, and shall be known as the Iowa City Electrical Code, or the Electrical Code. SEC. 8-102. AMENDMENTS. The electrical code adopted by Section 8-101 of this chapter is hereby amended as follows: Article 100 is amended by deleting the definition of approved and adding the following definitions: Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of an investigation and test conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. Building Official is the officer charged with the administration and enforcement of this Code, or a duly authorized representative, and is the authority having jurisdiction for this code. Code enforcement agency is the department, division or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the Building Official. Electrical code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical work is all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all premises wiring systems. Electrician, apprentice is any person who works under the supervision and guidance of a skilled journeyman or contractor for the purpose of learning the electrical trade. Electrician, journeyman is any properly licensed person who is allowed to perform electrical work only under the supervision of a licensed master electrician. Ordinance No. 94-3620 Page 3 Electrician, maintenance is any person who is a regular employee of a manufacturing or industrial establishment or a commercial or residential property management firm, who does electrical work for that establishment or firm only, and who maintains the existing electrical equipment within the building or group of buildings. Electrician, master is any properly licensed person who undertakes or offers to undertake to plan for, layout, supervise or perform electrical work with or without compensation. Fire wall is the same as an area separation wall as used in the Building Code. Multiple occupancy building is a building having more than one tenant and may be a single or mixed use group as classified by the Building Code. Occupancy is the purpose for which a building, or part thereof, is used or is intended to be used. Section 210-52(c) is amended by adding the following exception at the end of the second paragraph: EXCEPTION: Receptacle outlets for island or peninsula countertops six feet or less in length may be located at each end of the countertop provided: (1) they are installed above or no more than twelve inches below the countertop; (2) there is at least one receptacle outlet at each end; and (3) there is one receptacle for each 24 linear inches of countertop. Delete Section 230-22 and insert in lieu thereof the following: 230-22 Insulation or covering. (a) Service conductors for residential installations shall be installed in rigid, intermediate metal, EMT, or non-metallic conduit. EMT conduit shall be assembled using rain-tight type fittings as approved by Underwriter's Laboratories. (b) Service conductors for commercial or industrial installations shall be installed in rigid, intermediate metal, or non-metallic conduit. Section 230-42(b) is amended to read as follows: WI Ungrounded conductors. Except as provided below, ungrounded conductors shall have an ampacity of not less than: (1) 100 amperes, three wire for service to a single family dwelling. Ordinance No. 94-3620 Page 4 (2) 200 amperes, three wire for service to a single family dwelling which contains over 2,500 square feet of floor area including the basement but excluding the garage. (3) 60 amperes for other loads. Exception 1: For loads consisting of not more than two two-wire branch circuits, #8 copper or #6 aluminum or copper clad aluminum. Exception 2: By special permission, for loads limited by demand or by the source of supply, #8 copper or #6 aluminum or copper clad aluminum. Exception 3: For limited loads of a single branch circuit, #12 copper or #10 aluminum or copper clad aluminum, but in no case smaller than the branch circuit conductors. (4) All service entrance locations in the central business district shall be approved by the electrical inspector prior to installation. Section 230-71(a) is amended to read as follows: (a) General. The service disconnecting means for each service permitted by Section 230-2 or for each set of service entrance conductors permitted by Section 230-40, exception 1, shall consist of a single main disconnect, with the following exceptions: Exception 1: A residential two family dwelling may have a main disconnect for each unit. Exception 2: For the purpose of this section, disconnecting means used solely for the control circuit of the ground fault protection system, installed as part of the listed equipment, shall not be considered a service disconnecting means. Section 300-13W) is amended to read as follows: • (b) Device removal. In all general purpose branch circuits the continuity of any conductor shall not be dependent upon device connections such as lampholders, receptacles, etc., where the removal of such devices would interrupt the continuity. Section 336-3 is amended to read as follows: 336-3 Uses permitted. Type NM and NMC cables may be used in one and two family dwellings except as prohibited in Section 336-4. Where installed in cable trays, cable shall be identified for this use. U l Ordinance No. q4-1690 Page 5 (a) Type NM. Type NM cable shall be permitted for concealed work in normally dry locations. NM cable may be installed or fished in air voids in masonry block or tile walls if the walls are not exposed or subject to excessive moisture or dampness. (b) Type MC. Type MC cable shall be permitted 1) for concealed work in dry, moist, damp, or corrosive locations; 2) in outside and inside walls of masonry block or tile; 3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least one sixteenth (1/16th) inch thick and covered with plaster, adobe, or similar finish. Exception: Type NM and Type MC cable may be exposed in unfinished basements and garages of one and two family dwellings provided it is installed in bored holes in accordance with Sections 300- 4(a)(1) or in accordance with Section 300-4(d). Section 350-2 is amended to read as follows: 350-2. Uses not permitted. (a) Flexible metal conduit shall not be used 1) in any location except as permitted in 350-2(b); 2) in wet locations unless conductors are of lead covered type or of other types approved for the specific conditions and the installation is such that water is not likely to enter other raceways or enclosures to which the conduit is connected; 3) in hoistways, other than provided in Section 620-21; 4) in storage battery rooms; 5) in any hazardous (classified) location other than permitted in Sections 501- 4(b) and 504-20; 6) where rubber-covered conductors are exposed to oil, gasoline, or other materials having a deteriorating effect on rubber; 7) underground or imbedded in poured.concrete or aggregate; or 8) where subject to physical damage. (b) Flexible metal conduit may be used where conduit must be fished into concealed spaces, where conduit is subject to vibrations or for tap connections to lighting fixtures. The maximum length of exposed flexible conduit shall be six feet (6'1. A grounding conductor of equal current-carrying capacity to the largest current carrying conductor shall be installed, and fastened to the fixture or box with the appropriate green screw. The following sections of the National Electric Code are not adopted: ( '7 Ordinance No. 94-3620 Page 6 1) Note #3 to Tables 310-16 through 310-19, dealing with three wire, single phase residential service. SECTION 6. Additions to the provisions of the National Electric Code. Sec. 8-103. Application to Existing Electrical Systems and Equipment. (a) Additions, alterations or repairs. Additions, alterations or repairs may be made to an electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new electrical system and equipment, and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. • With approval of the Building Official, minor additions, alterations and repairs to an existing electrical system and equipment may be made in accordance with the law in effect at the time the original installation was made. (b) Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health, or property has been created by such electrical system and equipment. (c) Changes in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined by the building code, shall comply with the requirements of this code which are applicable to the new use or occupancy. (d) Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with this code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may require any electrical system to be reinspected. (e) Moved buildings. Electrical systems and equipment which are part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations. (1 Ordinance No, 94-3620 Page 7 Sec. 8-104. Conflicting provisions. If different sections of this code specify different materials, methods of construction or other requirements, the most restrictive section shall control. Sec. 8-105. Alternate materials and methods of construction. The Building Official may approve the use of an alternate material or method of construction if the proposed design complies with the provisions of this code and the material or method of construction offered is at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require sufficient evidence or proof to substantiate any claims regarding the use of alternates. The Building Official shall record in the files of the code enforcement agency any decision to approve an alternate material or method of construction. Sec. 8-106. Modifications. The Building Official may grant modifications for individual cases, provided that a special individual reason makes the strict letter of this code impractical and the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of such actions granting modification shall be recorded and entered in the files of the code enforcement agency. Sec. 8-107. Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that materials or construction do not conform to the requirements of this code, the Building Official may require tests as evidence of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate the Building Official shall determine test procedures. All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records. Ordinance No. 94-3620 Page 8 SECTION 7. DISSOLUTION OF BOARD OF EXAMINERS OF ELECTRICIANS AND ASSIGNMENT OF THE DUTIES OF THAT BOARD TO AN EXPANDED BOARD OF APPEALS: ADMINISTRATION OF CHAPTER. Sec. 8-110. Powers and Duties of Building Official (a) General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. The Building Official may appoint a chief electrical inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. (b) Right of Entry. Whenever necessary to make an inspection to enforce the provisions of this code, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building or premises by such codes, provided that if such building or premises be occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or an authorized representative shall have recourse to every remedy provided by law to secure entry. When the Building Official or an authorized representative shall have first obtained a proper • inspection warrant or other remedy provided by law to secure entry, an owner or occupant or other persons having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this code. (c) Stop Orders. When work is being done contrary to the provisions of this code, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall immediately stop such work until authorized by the Building Official to proceed with the work. 17 Ordinance No. 94-3620 Page 9 (d) Authority to Disconnect Utilities in Emergencies. The Building Official or authorized representative shall have the authority to disconnect electric power or energy service supplied to the building, structure or building service equipment therein regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or electrical system or equipment of the decision to disconnect prior to taking such action and shall notify the serving utility, owner and occupant of the building, structure or building equipment, in writing, of the disconnection immediately thereafter. (e) Authority to Condemn Electrical System and Equipment. If the Building Official determines that an electrical system or equipment regulated in this code has become hazardous to life, health or property, the Building Official shall order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. Persons shall not use or maintain defective electrical system or equipment after receiving notice. If equipment or an installation is to be disconnected the Building Official shall issue a written notice of such disconnection and reasons therefor to the serving utility, and the owner and occupants of the building, structure or premises within 24 hours of the order to disconnect. When an electrical system or equipment is maintained in violation of this code and in violation of a notice issued pursuant to the provisions of this section, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. (f) Connection after Order to Disconnect. Persons shall not make connections from any energy or power supply nor supply power to an electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of the electrical system or equipment. (g) Liability. The Building Official, or an authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of duties, shall not thereby render I9 Ordinance No. 94-3620 Page 10 the Building Official personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. This code shall not be construed to relieve or lessen the responsibility of a person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or approvals issued under this code. (h) Cooperation of Other Officials and Officers. The Building Official may request,and shall receive so far as is required in the discharge of duties, the assistance and cooperation of other officials of this jurisdiction. Sec. 8-111. Unsafe Electrical Systems or Equipment. Electrical systems or equipment regulated by this code which are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Use of electrical systems or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence,fire hazard, disaster,damage or abandonment is, for the purpose of this section, an unsafe use. Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or an alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. Sec. 8-112. BOARD OF APPEALS. A. General. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code. 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 electrician, one Ordinance No. 94-3620 Page 11 licensed plumber, one member qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, 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 electrician on the Board of Appeals is involved in an appeal before the Board, the other members of the Board shall appoint an alternate qualified electrician 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 members of the Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. B. Limitations of Authority, The Board of Appeals shall have no authority to waive requirements of this Code. Sec. 8-113. Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equipment or cause or permit the same to be done in violation of this code. Sec. 8-114. Licenses. A. No person shall plan for, lay out, supervise, or perform electrical work, within Iowa City, with or without compensation unless the person holds a master electrician's license issued by the City. B. No person shall work as a journeyman electrician within the City unless the person holds a journeyman electrician's license issued by the City. C. No person shall knowingly employ or permit an unlicensed person to perform electrical work within Iowa City if the work is required by this Code to be performed by a licensed electrician. D. There shall be a properly licensed electrician present at all locations and at all times where electrical work is being performed. At least one licensed electrician shall be present for every three apprentices or workers. Such licensed electrician must be an employee of the permit holder. E. The provisions of this section shall not apply to: (9 Ordinance No. 94-3620 Page 12 (1) The personnel of the traffic engineering division of the city or persons who work for a public utility company, telephone or telegraph company, nor to persons performing electrical work as an integral part of the plant used by such company in rendering its duly authorized service to the public. (2) A regular employee of any railroad who does electrical work only as a part of that employment. (3) The service or maintenance of heating or air conditioning equipment provided that such work or maintenance shall only include electrical work on electrical equipment that is part of such equipment. Such work shall include the connection of heating or air conditioning equipment to an existing individual branch circuit. Sec. 8-115. Applications. Any person required by this ordinance to possess a license for electrical work shall make application to the Building Official. Sec. 8-116. Application and Examination Fees. Fees for persons applying for a license for electrical work shall be established by resolution of Council, and shall not be refunded. Sec. 8-117. LICENSING STANDARDS. The Administrative Authority shall issue licenses pursuant to the following provisions: A. A master electrician's license shall be issued to every person who demonstrates satisfactory completion of one year of experience as a licensed journeyman electrician, 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 electrician's license shall be issued to every person who demonstrates satisfactory completion of one year of experience as an apprentice electrician with an established electrical company, and successfully passes the examination approved by the Board of Appeals. The fee for the license shall be set by resolution of Council. Ordinance No. 94-3620 Page 13 C. Only one license shall be issued to any individual in any license category on the basis of a single examination. Sec. 8-118. RE-EXAMINATIONS. Any person who fails the journeyman or master electrician's examination may apply for re- examination at the next regularly scheduled examination. Sec. 8-119. 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 resolution of Council. Any license that has expired may be reinstated within sixty (60) days after the expiration date upon payment of an additional ten dollar ($10) reinstatement fee. After the expiration of the sixty (60) day period, no license shall be renewed except upon reexamination. B. Code Update Certificate. Prior to receiving any active electrical license for 1995, each applicant shall complete an eight hour National Electrical Code update class based on the 1993 National Electrical Code. A certificate of completion must be submitted to the Building Official to accompany application for renewal for 1995. C. At the time of renewal, each licensee shall identify the company where they are currently employed. Sec. 8-120. Maintenance electrician's certificate; when required. A maintenance electrician's certificate shall be required of any person employed as a maintenance electrician as defined by this Code.A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the Board. Any person holding a maintenance electrician's certificate issued by the city prior to passage of this code shall be issued a renewal of the certificate without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. l �j Ordinance No. 94-3620 Page 14 Sec. 8-121. Restricted electrician's license. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. Sec. 8-122 Inactive license. Any current electrical license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the electrical license as current but will not be permitted to obtain an electrical permit nor otherwise actively participate in the electrical trade in Iowa City. The license may be reactivated upon completion of an eight hour National Electrical Code update class based on the most current edition of the National Electrical Code and payment of the full license fee for that year. The fee for an inactive license shall be set by resolution of Council. Sec. 8-123. Permits. (a) Permits Required. Except as specified in Subsection (b) of this section, no electrical system regulated by this code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official. (b) Exempt Work. An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contactor or control.device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefor. 6. Repair or replacement of any overcurrent device of the required capacity in the same location. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. Ordinance No. 94-3620 Page 15 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. • 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signal circuits of Classes II and III as defined in this code. 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. 8-124. Application for Permit. (a) Application. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Provide plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section. 5. The permittee, or authorized agent, must sign the application. 6. Give such other data and information as may be required by the Building Official. (b) Submittal Documents. Plans,specifications, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may fel Ordinance No. 94-3620 Page 16 require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. EXCEPTION: The Building Official may waive the submission of plans, calculations, etc., if the Building Official finds that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this code. (c) Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire-restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. Sec. 8-125. Permittee. A. An electrical permit may be issued to any person holding a valid master electrician license issued by the City of Iowa City, or to any company which employs a duly licensed master electrician 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 with the permit. All work shall comply with this article. Applicants for a homeowners permit shall pass the designated exam before a permit may be issued. C. A permit may be issued to any person holding a valid restricted electrician's license issued by the City of Iowa City only for the type of work specified on the license. Sec. 8-126. Permits Issued. (a) Issuance. The Building Official shall review the application, plans and specifications, and other data, filed by an applicant for a permit. Other departments of this jurisdiction may review the plans r1 Ordinance No. 94-3620 Page 17 to verify compliance with any applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, the Building Official shall issue a permit to the applicant. When the Building Official issues a permit, the plans and specifications shall be endorsed in writing or stamped "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this code shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. However, the holders of such permits shall proceed at their own risk without assurance that the permit for the entire building, structure or building service will be granted. (b) Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work is given. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times while the work authorized thereby is in progress. (c) Validity of Permit. The issuance of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. (7 Ordinance No. 94-3620 Page 18 (d) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (e) Suspension or Revocation. The Building Official may in writing, suspend or revoke a permit issued under the provisions of this code if the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the jurisdiction. Sec. 8-127. Insurance. Before any permit to perform electrical work may be issued, the applicant shall have on file with the Building Official 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 additional insured. The policy shall also provide for at least ten (10) days notice by the insurer to the City of termination of the policy by the insured or insurer. Electrical permits issued under Section 8-125B of this ordinance shall be exempted from this insurance requirement. Sec. 8-128. Fees. U I Ordinance No. 94-3620 Page 19 (a) Permit Fees. The fee for each electrical permit shall be as set forth by resolution of Council. (b) Investigation Fees: Work Without a Permit, 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit was issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. (c) Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when an application for a permit for which a fee has been paid is withdrawn or canceled before any work has been done. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within 180 days from the date of fee payment. Sec. 8-129. Inspections. (a) General. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for the expense of removing or replacing any material to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical • (7 Ordinance No. 94-3620 Page 20 systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. (b) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (c) Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (d) Other Inspections. In addition to the called inspections required by this code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. (e) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. Ordinance No. 94-3620 Page 21 To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of Council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Sec. 8-130. Connection Approval. (a) Energy Connections. An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official. (b) Temporary Connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary Certificate of Occupancy. Sec. 8-131-160 reserved. 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 unconstitutional. 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 24th day of Nay, 1994. AYOR ATTEST4WOC Y1 ( OaLo-A Ap..Cild_ CITY CLERK Approved as to Form Legal De rtment hisblg\eleccr93.artl 7//� L2 I Ordinance No. 94-3620 Page 22 It was moved by Thrngmnrtnn and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration 5/1o/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published A/1 /q4 Moved by Throgmorton, seconded by Pigott, that the rule requiring ordinances to considered and voted on for passage at the 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: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. ('7 • rrT.�qFG T= • 7.:4111711Tdrth FFFF 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. 94-3620 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of May , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 1st day of June 19 94 Dated at Iowa City, Iowa, this 7th day of July 19 94 Susan Walsh Deputy City Clerk Iwai h.crt CIVIC CENTER • 410 E. WASHINGTON ST. ,f MP PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 fl FAX(319) 356-5009 V t 01W . '1y -3( Z.0 SECTION 1.SHORT TITLE.This ordinance shall i - be known as the Iowa City Electrical Code, or Electrical Code,and may be so cited. Electrician, master is any properly licensed SECTION 2. PURPOSE. The purpose of this person who undertakes or offers to undertake to ordinance is to adopt the 1993 edition of the el plan for, layout, supervise or perform National Electrical Code as prepared and edited electrical work with or without compensation. by the National Fire Protection Association and Fire wall is the same as an area separation wall to provide certain amendments thereto, to as used in the Building Code. provide for the protection of the health, Multiple occupancy building is a building having welfare,and safety of the citizens of Iowa City, more than one tenant and may be a single or mixed use group as classified by the Building Iowa; to provide for the enforcement of the Printer's fee $_-3 O Q a Electrical Code, and to provide penalties for Occupancy is the purpose for which a building, violations of the Electrical Code. or part thereof, is used or is intended to be CERTIFICATE OF PUBLICATION SECTION 3. Scope. This ordinance shall apply used. to and govern electrical work,as defined in the ` Electrical Code, including the practice, Section 21 exception 1 is amended by adding STATF.OF IOWA, Johnson County, ss: the following excepat the end of the materials and fixtures used in the installation, THE IOWA CITY PRESS-CITIZEN maintenance, extension and alteration of all second paragraph:EXCEPTION: Receptacle outlets for island FED. ID # 42-0330670 piping,fixtures, appliances and appurtenances in connection with any of the following:wiring or peninsula countertops six feet or less in length may be located at each end of the or piping on public or private electrical systems, countertop provided: I1) they are installed I, within or on any building or other structure; above or no more than twelve inches below the Margaret Rios, being duly sworn, also the practice and materials used in the installation, maintenance, extension or countertop; (21 there is at least one receptacle outlet at each end; and 13) there is one say that I am the legal clerk of alteration of electrical systems,to connect with receptacle for each 24 linear inches of the IOWA CITY PRESS-CITIZEN any point of public or private structure. SECTION 4. Sections 8-101 through 8-160 of countertop. a newspaper published in said the Code of Ordinances of the City of Iowa Delete Section 230-22 and insert in lieu thereof City is hereby repealed and the following new the following: countcount and that a notice, a sections 8-101 through 8-160 are enacted in 230-22 Insulation or covering. y, la) Service conductors for residential lieu thereof. printed copyof which is hereto installations shall be installed in rigid, SECTION 5.Adoption of Electrical Code intermediate metal, EMT, or non-metallic attached, wasublished in said SEC. 8-101 CODE-ADOPTED. Subject to P conduit. EMT conduit shall be assembled using the amendments described in Section 8-102 rain-tight type fittings as approved by paper ( time(s), on the below, Chapters 1 through 9 of the 1993 Underwriter's Laboratories. following date(s): Edition of the National Electrical Code are (b) Servicetconductors for commercial or hereby adopted, and shall be known as the i'') 9� Iowa City Electrical Code, or the Electrical industrial installations shall be installed in rigid, V�,G�L2 /, /9' Code. intermediate metal,or non-metallic conduit. ;l SEC.8.102. AMENDMENTS. Section 230-42(b) is amended to read as follows: The electrical code adopted by Section 8- lb) Ungrounded conductors. Except as 101 of this chapter is hereby amended as provided below, ungrounded conductors shall C��y`1—� follows: have an ampacity of not less than: /2c 2 ( --., Article 100 is amended by deleting the 111 100 amperes,three wire for service (/_ definition of approved and adding the following to a single family dwelling. definitions: Legal Clerk Approved, as to materials, equipment and 12) 200 amperes,three wire for service to a single family dwelling which contains method of construction, refers to approval by over 2,500 square feet of floor area the Building Official as the result of an Subscribed and sworn to before me investigation and test conducted by the including the basement but excluding the garage. Building Official, or by reason of accepted 13) 60 amperes for other loads. this teat day of , xception 1: For A.D.. - principles or tests by recognized authorities, loads consisting of technical or scientific organizations. 1 Q L . Approved agency is an established and not more than two two-wire branch c'7 ( 7 recognized agency regularly engaged in circuits, #8 copper or #6 aluminum or copper clad aluminum. conducting tests or furnishing inspection 6 .401..44t4.1/1() services,when the agency has been approved Exception 2: mByndspecialpermission,theoc for by the Building Official. loads limited by demand by the source of supply, #8 copper or #6 aluminum or 7*�� L, Building Code is the Uniform Building Code copper clad aluminum. Notary Y blit promulgated by the International Conference of Exception 3: For limited loads of a �,j,a Building Officials, as adopted by this SHARON STUBBS jurisdiction. single branch circuit, #12 copper or #10 ° aluminum or copper clad aluminum, but in • �� C.�. Z - .� 7' Building Official is the officer charged with the no case smaller than the branch circuit £*Cr ri_ _ / administration and enforcement of this Code,or "( conductors. a duly authorized representative, and is the authority having jurisdiction for this code. fol All service entrance locations in the Code enforcement agency is the department, central business district shall be approved by the electrical inspector prior to division or agency of this jurisdiction charged installation. with the function of code enforcement and Section 230-71(a) is amended to read as OFFICIAL PUBLICATION shall be under the administration and follows operational control of the Building Official. la) General. The service disconnecting ORDINANCE NO. 94-'1h7(1 Electrical code is the National Electrical Code promulgated by the National Fire Protection means for each service permitted by Section AN ORDINANCE AMENDING CHAPTER 8, Association,as adopted by this jurisdiction. 230-2 or for each set of service entrance ARTICLE VI, OF THE IOWA CITY CODE OF Electrical work is all uses, installations, ORDINANCES BY ADOPTING THE 1993conductors permitted by Section 230-40, alterations, repairs, removals, replacements, exception 1, shall consist of a single main EDITION OF THE NATIONAL ELECTRICAL connections, disconnections and maintenance CODE, WITH AMENDMENTS, AS THE IOWAof all premi disconnect, with the following exceptions: ses wiring systems. CITY ELECTRICAL CODE, REGULATING THE Electrician,apprentice is any personException 1: A residential two family PRACTICE,MATERIALS AND FIXTURES USEDdwelling may have a main disconnect for each IN THE INSTALLATION, MAINTENANCE, 'under the supervision and guidance of a skillwho works journeyman or contractor for the purpose of unit. EXTENSION AND ALTERATION OF ALL learning the electrical trade. Exception 2: For the purpose of this WIRING, FIXTURES, APPLIANCES AND Electrician,journeyman is any properly licensed section, disconnecting means used solely for APPURTENANCES IN CONNECTION WITH person who is allowed to the control circuit of the ground fault protection VARIOUS ELECTRICAL SYSTEMS; TO perform electrical system, installed as part of the listed P won(only under the supervision of a licensed DISSOLVE THE BOARD OF EXAMINERS OF master electrician. equipment, shall not be considered a service ELECTRICIANS AND TO ASSIGN THE DUTIES Electrician, maintenance is anydisconnecting means. person who is Section 300-13(b) is amended to read as OF THAT BOARD TO AN EXPANDED BOARD a regular employee of a manufacturing or follows: OF APPEALS; TO PROVIDE FOR THE industrial establishment or a commercial or i lb) Device removal. In all general purpose ISSUANCE OF PERMITS AND INSPECTION OF residential property management, firm, who branch circuits the continuity of any conductor II ELECTRICAL INSTALLATIONS AND THE does electrical work for that establishment or shall not be dependent upon device COLLECTION OF FEES, AND TO PROVIDE firm only, and who maintains the existing connections such as lampholders,receptacles, PENALTIES FOR VIOLATIONS. electrical equipment within the building or etc.,where the removal of such devices would Be it enacted by the Council of the City of Iowa group of buildings. City, Iowa: interrupt the continuity. Section 336-3 is amended to read as l-7 336-3 Uses permitted. Type NM and NMC tl r1'-1• 11 ',(Q dV cables may be used in one and two family Id) Maintenance. All electrical systems perform any duty imposed upon the building or dwellings except as prohibited in Section 336- and equipment, both existing and new,and all premises by such codes,provided that if such O'� 4.Where installed in cable trays,cable shall be parts thereof shall be maintained in a proper building or premises be occupied, the Building identified for this use. operating--condition in accordance with the Official shall first present proper credentials and (a) Type NM. Type NM cable shall be original design and in a safe and hazard-free request entry. If such building or premises is permitted for concealed work in normally dry condition. All devices or safeguards which are unoccupied, the Building Official shall first locations. NM cable may be installed or fished required by this code shall be maintained in make a reasonable effort to locate the owner or in air voids in masonry block or tile walls if the conformance with this code. The owner or other persons having charge or control of the walls are not exposed or subject to excessive designated agent shall be responsible for the building or premises and request entry. If entry moisture or dampness. maintenance of the electrical system. To be refused, the Building Official or an Ib) Type MC. Type MC cable shall be determine compliance with this subsection,the authorized representative shall have recourse to permitted 1) for concealed work in dry,most, Building Official may require any electrical every remedy provided by law to secure entry. damp,or corrosive locations; 2)in outside andsystem to be reinspected. When the Building Official or an authorized inside walls of masonry block or tile; 3) in a lel Moved buildings. Electrical systems representative shall have first obtained a proper shallow chase in masonry,concrete, or adobe and equipment which are part of buildings or inspection warrant or other remedy provided by protected against nails or screws by a steel structures moved into or within this jurisdiction law to secure entry, an owner or occupant or plate at least one sixteenth 11/16th)inch thick shall comply with the provisions of this code other persons having charge,care or control of and covered with plaster, adobe, or similar for new installations. the building or premises shall not fail or finish. Sec. 8-104. Conflicting provisions. neglect,after proper request is made as herein Exception: Type NM and Type MC cable If different sections of this code specify provided, to promptly permit entry therein by may be exposed in unfinished basements and different materials,methods of construction or the Building Official or authorized garages of one and two family dwellings other requirements,the most restrictive section representative for the purpose of inspection provided it is installed in bored holes in shall control. and examination pursuant to this code. accordance with Sections 300-4(all l) or in Sec. 8-105. Alternate materials and (c) Stop Orders. When work is being done accordance with Section 300-4(d). methods of construction. contrary to the provisions of this code- the Section 350-2 is amended to read as The Building Official may approve the use Building Official may order the work stopped by follows: of an alternate material or method of notice in writing served on persons engaged in 350-2.Uses not permitted. construction if the proposed design complies the doing or causing such work to be done,and lal Flexible metal conduit shall riot be used with the provisions of this code and the such persons shall immediately stop such work 1) in any location except as permitted in 350- material or method of construction offered is at until authorized by the Building Official to 21b);2)in wet locations unless conductors are least the equivalent of that prescribed in this proceed with the work. of lead covered type or of other types approved code in suitability,strength,effectiveness, fire • (d) Authority to Disconnect Utilities in for the specific conditions and the installation resistance,durability and safety. Emergencies.The Building Official or authorized is such that water is not likely to enter other The Building Official shall require sufficient representative shall have the authority to raceways or enclosures to which the conduit is evidence or proof to substantiate any claims disconnect electric power or energy service connected; 3) in hoistways, other than regarding the use of alternates. The Building supplied to the building, structure or building provided in Section 620-21; 4) in storage Official shall record in the files of the code service equipment therein regulated by this battery rooms; 5)in any hazardous(classified) enforcement agency any decision to approve code in case of emergency where necessary to location other than permitted in Sections 501- an alternate material or method of construction. eliminate an immediate hazard to life or 4(b) and 504-20; 61 where rubber•covered Sec.8-106. Modifications. property. The Building Official shall whenever conductors are exposed to oil, gasoline, or The Building Official may grant possible notify the serving utility, the owner other materials having a deteriorating effect on modifications for individual cases,provided that and occupant o` the building, structure or rubber; 7)underground or imbedded in poured a special individual reason makes the strict electrical system or equipment of the decision concrete or aggregate; or 8) where subject to letter of this code impractical and the to disconnect prior to taking such action and physical damage. modification is in conformity with the intent shall notify the serving utility, owner and Ibl Flexible metal conduit may be used and purpose of this, code, and that such occupant of the building,structure or building where conduit must be fished into concealed modification does not lessen health, life and equipment, in writing, of the disconnection spaces, where conduit is subject to vibrations fire safety requirements. The details of such immediately thereafter. or for tap connections to lighting fixtures. The actions granting modification shall be recorded le) Authority to Condemn Electrical maximum length of exposed flexible conduit and entered in the files of the code System and Equipment. If the Building Official shall be six feet 16'1. A grounding conductor of enforcement agency. determines that an electrical system or equal current-carrying capacity to the largest Sec. 8-107. Tests, equipment regulated in this code has become current carrying conductor shall be installed, Whenever there is insufficient evidence of hazardous to life, health or property, the and fastened to the fixture or box with the compliance with any of the provisions of this Building Official shall order in writing that such appropriate green screw. code or evidence that materials or construction electrical system or equipment either be The following sections of the National Electric do not conform to the requirements of this removed or restored to a safe condition, Code are not adopted: code,the Building Official may require tests as whichever is appropriate. The written notice 1) Note #3 to Tables 310.16 through evidence of compliance to be made at no itself shall fix a time limit for compliance with 310-19, dealing with three wire,single phase expense to this jurisdiction. such order. Persons shall not use or maintain residential service. Test methods shall be as specified by this defective electrical system or equipment after SECTION 6.Additions to the provisions of the code or by other recognized test standards. In receiving notice. National Electric Code. the absence of recognized and accepted test If equipment or an installation is to be Sec. 8.103. Application to Existingmethods for the proposed alternate the Building disconnected the Building Official shall issue a Electrical Systems and Equipment. Official shall determine test procedures. written notice of such disconnection and lal Additions, alterations or repairs. All tests shall be made by an approved reasons therefor to the serving utility, and the Additions, alterations or repairs may be madeagency. Reports of such tests shall be retained owner and occupants of the building,structure to an electrical system and equipment without by the Building Official for the period required or premises within 24 hours of the order to requiring the existing electrical system and for the retention of public records. disconnect. equipment to comply with all the requirements SECTION 7. DISSOLUTION OF BOARD OF When an electrical system or equipment is of this code,provided the addition.alteration or EXAMINERS OF ELECTRICIANS AND maintained in violation of this code and in repair conforms to that required for a new violation of a notice issued pursuant to the electrical system and equipment, and provided OFFICIAL PUBLICATION provisions of this section, the Building Official further that no hazard to life, health or safety shall institute appropriate action to prevent, will be created by such additions,alterations or ASSIGNMENT OF THE DUTIES OF THAT restrain,correct or abate the violation. repairs. BOARD TO AN EXPANDED BOARD OF (f) Connection after Order to Disconnect. With approval of the Building Official,minor APPEALS:ADMINISTRATION OF CHAPTER. Persons shall not make connections from any additions,alterations and repairs to an existing Sec.8-110. Powers and Duties of Building energy or power supply nor supply power to an electrical system and equipment may be made Official electrical system or equipment which has been in accordance with the law in effect at the time la) General. The Building Official is hereby disconnected or ordered to be disconnected by the original installation was made. authorized and directed to enforce all the the Building Official or the use of which has lb) Existing Installations. Electrical provisions of this code. The Building Official been ordered to be discontinued by the Building systems and equipment lawfully in existence at may appoint a chief electrical inspector and Official until the Building Official authorizes the the time of the adoption of this code may have other related technical officers and inspectors reconnection and use of the electrical system their use, maintenance, or repair continued if and other employees as shall be authorized or equipment. the use,maintenance or repair is in accordance from time to time. (g) Liability. The Building Official, oi an with the original design and no hazard to life, Ib) Right of Entry. Whenever necessary to authorized representative charged with the health, or property has been created by such make an inspection to enforce the provisions of enforcement of this code, acting in good faith electrical system and equipment. this code, or whenever the Building Official or and without malice in the discharge of duties, (c) Changes in building occupancy. an authorized representative has reasonable shall not thereby render the Building Official Electrical systems and equipment which are a cause to believe that there exists in a building personally liable fur any damage that may part of any building or structure undergoing a or upon a premises a condition or code accrue to persons or property as a result of an change in use or occupancy,as defined by the violation which makes such building or act or by reason of an act or omission in the building code, shall comply with the premises unsafe, dangerous or hazardous, the discharge of duties. requirements of this code which are applicable Building Official or an authorized representative to the new use or occupancy. may enter such building or premises at all reasonable times to inspect the same or to I7 ORO. `Iv -3620 3 °f 5 B. No person shall work as a journeyman C. At the time of renewal, each licensee shall This code shall not be construed to relieve electrician within the City unless the person or lessen the responsibility of a person owning, holds a journeyman electrician's license identify the company where they are operating or controlling any building, structure issued by the City. currently employed. or building service equipment therein for any C. No person shall knowingly employ or permit Sec. 8-120. Maintenance electrician's damages to persons or property caused by an unlicensed person to perform electrical certificate; when required. defects,nor shall the code enforcement agency work within Iowa City if the work is A maintenance electrician's certificate shall or its parent jurisdiction be held as assuming required by this Code to be performed by a be required of any person employed as a maintenance electrician as defined by this such liability by reason of the inspections licensed electrician. authorized by this code or approvals issued D. There shall be a properly licensed Code. A maintenance electrician's certificate under this code. electrician present at all locations and at all shall be issued to any person who shall (hi Cooperation of Other Officials and times where electrical work is being satisfactorily pass the examination given by the Officers.The Building Official may request,and performed. At least one licensed electrician Board. Any person holding a maintenance shall receive so far as is required in the shall be present for every three apprentices electrician's certificate issued by the city prior discharge of duties, the assistance and or workers. Such licensed electrician must to passage of this code shall be issued a cooperation of other officials of this be an employee of the permit holder. renewal of the certificate without taking the jurisdiction. E. The provisions of this section shall not examination hereinafter provided. Sec. 8-111. Unsafe Electrical Systems or apply to: The installation of any new or additional Equipment. (ll The personnel of the traffic engineering electrical equipment of any kind by the holder Electrical systems or equipment regulated division of the city or persons who of a maintenance electrician's certificate is by this code which are unsafe, or which work for a public utility company, hereby prohibited. constitute a fire hazard, or are otherwise telephone or telegraph company, nor Sec.8-121. Restricted electrician's license. dangerous to human life are,for the purpose of to persons performing electrical work A restricted electrician's license shall this section, unsafe. Use of electrical systems as an integral part of the plant used by specify the types of electrical work which may or equipment regulated by this code such company in rendering its duly be performed by the licensee. The licensee constituting a hazard to safety,health or public authorized service to the public. may perform only the type of work specified on welfare by reason of inadequate maintenance, 12) A regular employee of any railroad who the license. dilapidation,obsolescence,fire hazard,disaster, does electrical work only as a part of Sec. 8-122 Inactive license. damage or abandonment is,for the purpose of that employment. Any current electrical license may be this section, an unsafe use. 131 The service or maintenance of heating classified as inactive upon written request of Unsafe electrical systems or equipment are or air conditioning equipment provided the licensee. Once so classified, the license hereby declared to be public nuisances and that such work or maintenance shall holder is permitted to maintain the electrical shall be abated by repair, rehabilitation, only include electrical work on license as current but will not be permitted to demolition or removal in accordance with the electrical equipment that is part of obtain an electrical permit nor otherwise procedures set forth in the Uniform Code for such equipment. Such work shall actively participate in the electrical trade in the Abatement of Dangerous Buildings or an include the connection of heating or air Iowa City. The license may be reactivated alternate procedure as may be adopted by this conditioning equipment to an existing upon completion of an eight hour National jurisdiction. As an alternative, the Building individual branch circuit. Electrical Code update class based on the most Official or other employee or official of this Sec. 8-115. Applications. current edition of the National Electrical Code jurisdiction as designated by the governing Any person required by this ordinance to and payment of the full license fee for that if body may institute other appropriate action to possess a license for electrical work shall make year. The fee for an inactive license shall be` prevent,restrain,correct or abate the violation. application to the Building Official. set by resolution of Council. Sec.8-112.BOARD OF APPEALS. Sec. 8116. Application and Examination Sec. 8-123. Permits. , A. General. The Board of Appeals shall hear Fees. (a) Permits Required. Except as specified-, and decide appeals of orders, decisions or Fees for persons applying for a license for in Subsection (b) of this section, no electrical determinations made by the Building electrical work shall be established by system regulated by this code shall be installed, Official relative to the application and resolution of Council, and shall not be altered,repaired,replaced or remodeled unless interpretation of this code.The Board shall refunded. a separate electrical permit for each building or - consist of at least five (51 members who Sec.8-117.LICENSING STANDARDS. structure has first been obtained from the are qualified electors of the city of Iowa The Administrative Authority shall issue Building Official. City but are not employed by the City. The ' licenses pursuant to the following provisions: Ibl Exempt Work. An electrical permit Board shall include at least one licensed A. A master electrician's license shall be shall not be required for the following: electrician, one licensed plumber, one issued to every person who demonstrates 1. Portable motors or other portable member qualified by experience and training satisfactory completion of one year of appliances energized by means of a• to pass upon matters pertaining to experience as a licensed journeyman cord or cable having an attachment mechanical design, construction and electrician, and successfully passes the plug end to be connected to an maintenance, one representative from the examination approved by the Board of approved receptacle when that cord or-, Iowa City Homebuilders Association,and at Appeals. The fee for the license shall be cable is permitted by this code. least one building design professional. All set by resolution of Council. 2. Repair or replacement of fixed motors, other members shall be qualified by B. A journeyman electrician's license shall be transformers or fixed approved,: experience and training to pass upon issued to every person who demonstrates appliances of the same type and rating. matters pertaining to building construction satisfactory completion of one year of in the same location. and interpretations of the Building Official. experience as an apprentice electrician with 3. Temporary decorative lighting. If any electrician on the Board of Appeals is an established electrical company, and 4. Repair or replacement of current- i involved in an appeal before the Board,the successfully passes the examination carrying parts of any switch,contactor dd other members of the Board shall appoint approved by the Board of Appeals. The fee or control device. G an alternate qualified electrician who is a for the license shall be set by resolution of 5. Reinstallation of attachment plug qualified elector of the City of Iowa City to Council.. receptacles, but not the outlets act in his or her stead.The Building Official C. Only one license shall be issued to any therefor. shall be an ex officio member of,and shall individual in any license category on the 6. Repair or replacement of any act as secretary to the Board. The basis of a single examination. overcurrent device of'the required members of the Board of Appeals shall be Sec. 8-118.RE-EXAMINATIONS. capacity in the same location. appointed by the City Council and shall hold Any person who fails the journeyman or 7. Repair or replacement of electrodes or office at its pleasure. master electrician's examination may apply for transformers of the same size and • re-examination at the next regularly scheduled capacity for signs or gas tube systems.8. Taping joints. examination. p g OFFICIAL PUBLICATION Sec. 8-119. RENEWALS. 9. Removal of electrical wiring. B. Limitations of Authority, The Board of A. Every license which has not previously 10. Temporary wiring for experimental Appeals shall have no authority to waive been revoked shall expire on December 31 requirements of this Code. of each year. Renewal fees shall be as OFFICIAL PUBLICATION Sec. 8113. Violations established by resolution of Council. Any It shall be unlawful for any person,firm or license that has expired may be reinstated purposes in suitable experimental laboratories. corporation to erect, construct, enlarge, alter, within sixty (601 days after the expiration 11. The wiring for temporary theater, repair, move, improve, remove, convert or date upon payment of an additional ten motion picture or television stage sets. demolish, equip, use or maintain an electrical dollar (S101 reinstatement fee. After the 12. Electrical wiring, devices, appliances, system or equipment or cause or permit the expiration of the sixty 1601 day period,no apparatus or equipment operating at same to be done in violation of this code. license shall be renewed except upon less than 25 volts and not capable of Sec.8-114. Licenses. reexamination. supplying more than 50 watts of A. No person shall plan for,lay out,supervise, B. Code Update Certificate. Prior to receiving energy. or perform electrical work, within Iowa any active electrical license for 1995,each 13. Low-energy, power, control and signal City,with or without compensation unless applicant shall complete an eight hour circuits of Classes II and III as defined in this the person holds a master eieuuiuiaii x National Electrical Code update class based code. license issued by the City. on the 1993 National Electrical Code. A certificate of completion must be submitted to the Building Official to accompany application for renewal for 1995. +-2 0( 0- y1-1 - -36)a() 14. A permit shall not be required for the.. installation, alteration or repair of electrical Sec.8-126. Permits Issued. la) Issuance. The Building Official shall lel Suspension or Revocation.The Building wiring, apparatus or equipment or the review the application,plans and specifications, Official may in writing, suspend or revoke a generation, transmission, distribution or and other data, filed by an applicant for a permit issued under the provisions of this code metering of electrical energy or in the operation of signals or the transmission of intelligence by permit. Other departments of this jurisdiction it the permit was issued in error or on the basis a public or rivate utilit may review the plans to verify compliance with of incorrect information supplied,or in violation p yin the exercise of its any applicable laws under their jurisdiction. of any ordinance or regulation of the function as a serving utility. When the Building Official finds that the work jurisdiction. Exemption from the permit requirements of described in an application for a permit and the Sec. 8-127. Insurance. this code shall not be deemed to grant plans, specifications and other data filed Before any permit to perform electrical authorization for any work to be done in work may be issued, the applicant shall have violation of the provisions of this code or any therewith conform to the requirements of this other laws or ordinances of this jurisdiction. code and other pertinent laws and ordinances, on file with the Building Official a copy of a and that the fees specified in Section 304 have certificate of insurance stating the liability Sec.8-124. Application for Permit. been amounts of no less than three hundred (al Application. To obtain a permit, the paid, the Building Official shall issue a thousand dollars($300,000) property damage applicant shall first file a written application on permit to the applicant. a form furnished by the code enforcement When the Building Official issues a permit, and five hundred thousand dollars 1$500,000) the plans and specifications shall be endorsed agency for that purpose.Every such application bodily injury. The City of Iowa City shall be shall: in writing or stamped "APPROVED." Such named as additional insured. The policy shall approved plans and specifications shall not be also provide for at least ten(10)days notice by 1. Identifybytheeand tdescribefr the workcto be changed, modified or altered without the insurer to the City of termination of the covered by the permit for which application is policy by the insured or insurer. Electrical made. authorization from the Building Official,and all work regulated by this code shall be done in permits issued under Section 8-1258 of this 2. Describe the land on which the ordinance shall be exempted from this proposed work is to be done by legal accordance with the approved plans. The Building Official may issue a permit for insurance requirement. description, street address or similar the construction of part of an electrical system Sec. 8-128. Fees. 14.1 description that will readily identify and before the entire plans and specifications for (a) Permit Fees.The fee for each electrical definitely locate the proposed building the whole system have been submitted or permit shall be as set forth by resolution of or work. approved, provided adequate information and Council. 3. Indicate the use or occupancy for detailed statements have been filed complying (h) Investigation Fees. Work Without a Permit, which the proposed work is intended. with all pertinent requirements of this code. 4. Provide plans,diagrams,computations However, the holders of such 1. Investigation. Whenever any work for permits shall which a permit is required by this code and specifications and other data as proceed at their own risk without assurance required in Subsection (b) of this that the permit for the entire building,structure has been commenced without first • section. or building service will be granted. obtaining said permit, a special 5. The permittee, or authorized agent, (b) Retention of Plans. One set of investigation shall be made before a must sign the application. approved plans, specifications and permit may be issued for such work. 6. Give such other data and information computations shall be retained by the Building 2. Fee. An investigation fee, in addition as may be required by the Building to the permit fee, shall be collected Official until final approval of the work is given. whether or not a permit is issued.The Official. One set of a (b) Submittal Documents. Plans, approved plans and specifications investigation fee shall be equal to the shall be returned to the applicant and shall be amount of the permit fee that would specifications, engineering calculations, kept on the site of the buildingor work at all be required by this code if a permit diagrams and other data shall be submitted in times while the work authorized thereby is in was issued. The payment of such one or more sets with each application for a progress. permit. The Building Official may require investigation fee shall not exempt any Ic) Validity of Permit. The issuance a plans, computations and specifications to be ofperson from compliance with all other permit or the approval ofplans and provisions of this code or from any prepared and designed by an engineer or architect licensed b the state to specifications shall not be construed to be a such. y practice as permit for, or an approval of, any violation of penaltyprescribed by law. Irl Fee Relunds. any of the provisions of this code, or of any 1. The Building Official may authorize the EXCEPTION: The Building Official may other ordinance of the jurisdiction. Permits waive the submission of plans, calculations, refunding of any fee paid hereunder presuming to give authority to violate or cancel which was erroneously paid or etc.,if the Building Official finds that the nature the provisions of this code or other ordinances of the work applied for is such that review of collected. of the jurisdiction shall not be valid. 2. The Building Official may authorize the plans is not necessary to obtain compliance The issuance of a permit based upon plans, refunding of not more than 80 percentwith this code. (c) Information o n Plans and specifications and other data shall not prevent of the permit fee paid when an the Building Official from thereafter requiring application for a permit for which a fee Specifications. Plans and specifications shall the correction of errors in said plans,, has been paid is withdrawn or be drawn to scale upon substantial paper or specifications and other data, or from canceled before any work has been cloth and shall be of sufficient clarity to indicate the location, nature and extent of the preventing building operations being carried on done. work thereunder when in violation of these codes or The Building Official shall not authorize the proposed and show in detail that it will of any other ordinances of this jurisdiction, refunding of any fee paid except upon written conform to the provisions of this code and all relevant laws, Ordinances, rules and (d) Expiration. Every permit issued by the application filed by the original permittee within Building Official under the provisions of this 180 days from the date of fee payment. regulations. code shall expire by limitation and become null Sec. 8-129. Inspections. Plans for buildings more than two stories in and void.if the building or work authorized by lal General. All electrical systems and height of other than Groups R, Division 3 and such permit is not commenced within 180 days equipment for which a permit is required by M Occupancies shall indicate how required from the date of such permit, or if the building this code shall be subject to inspection by the structural and fire-restrictive integrity will be or work authorized by such permit is suspended Building Official,and the electrical system shall maintained where a penetration will be made or abandoned at any time after the work is remain accessible and exposed for inspection for electrical and communication conduits, commenced for a period of 180 days. Before purposes until approved by the Building Official. pipes and similar systems. such work can be recommenced, a new permit It shall be the duty of the permit applicant Sec. $-125. Permittee. shall be first obtained, and the fee therefor to cause the electrical system to remain A. An electrical permit may be issued to any shall be one half the amount required for a new accessible and exposed for inspection person holding a valid master electrician permit for such work, provided no changes purposes. Neither.the Building Official nor the license issued by the City of Iowa City, or have been made or will be made in the original juri diction shall be liable for the expense of to any company which employs a duly plans and specifications for such work; and removing or replacing any material to permit licensed master electrician on a full time provided further that such suspension or inspection. When the installation of an basis. abandonment has not exceeded one year. In electrical system and equipment is complete, B. A permit may be issued to the owner of an order to renew action on a permit after an additional and final inspection shall be made. existing owner-occupied single-family expiration, the permittee shall pay a new full Electrical systems and equipment regulated by dwelling, pursuant to a valid certificate of permit fee. this code shall not be connected to the energy occupancy and used exclusively for A permittee holding an unexpired permit source until authorized by the Building Official. residential purposes, to do any work may apply for an extension of the time within Approval as a result of an inspection shall regulated by:his article in connection with which work may be commenced under that not be construed to be an approval of a said dwelling and accessory buildings. The violation of the provisions of this code or of owner must personally purchase all material OFFICIAL PUBLICATION other ordinances of the jurisdiction. and perform all labor in connection with the permit. All work shall comply with this permit when the permittee is unable to Ibl Inspection Requests. It shall be the duty of the person doing the work authorized article. Applicants for a homeowners commence work within the time required by by a permit to notify the Building Official that permit shall pass the designated exam this section for good and satisfactory reasons. such work is ready for inspection.The Building before a permit may be issued. The Building Official may extend the time for C. action by the permittee for a period not A permit may be issued to any person Official may require that every request for inspection be filed at least one working day holding a valid restricted electrician's exceeding 180 days upon written request by license issued by the City of Iowa City only the permittee showing that circumstances before such inspection is desired. Such request beyond the control of the permittee have may be in writing or by telephone at the option for the type of work specified on the of the Building Official. license. prevented action from being taken. l7 GRD. 9q • 36ao It shall be the duty of the person requesting r5 ci 5 inspections required by this code to provide access to and means for inspection of such work. lc/ Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (dl Other Inspections. In addition to the called inspections required by this code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. lel Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection,the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of Council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Sec. 8-130. Connection Approval. lal Energy Connections. An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official. Ib) Temporary Connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary Certificate of Occupancy. Sec.8-131-160 reserved. 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 unconstitutional. 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 24th day of May, 1994. AYOR ATTEST: I CITY CLERK 10531 June 1,1994 17 Ord r3rL ORDINANCE NO. 94-3621 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING ALL RELIGIOUS. INSTITUTIONS LOCATED IN THE CENTRAL BUSINESS SERVICE ZONE (CB-2) TO EXPAND WITHOUT COMPLYING WITH THE OFF-STREET PARKING REQUIREMENTS. WHEREAS, it is in the City's interest to encourage religious institutions in the downtown and near downtown areas; and WHEREAS, the Zoning Ordinance currently allows only those religious institutions which existed on August 7, 1962, to expand without complying with the off-street parking requirements; and WHEREAS, permitting all religious institutions located in the CB-2 zone to expand without complying with the off-street parking requirements will encourage religious institutions in the near downtown area. NOW, THEREFORE, BE IT RESOLVED 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 I entitled "ZONES", Section 36-20 entitled "Central Business Service Zone, of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing subsection (g)(1) and adopting a new subsection (g)(1) to read as follows: (g)(1). Religious institutions may expand without complying with the off-street parking requirements. 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 7th day of June, 1994.99/ ACt�,dhJJ \\-- xJtiC MAYOR // ATTEST: n��r�r*� 9Y• � re.+4/ CITY CLERK IB Ordinance No. 94-3621 Page 2 Approved by `// /ovLl City Attorney's Office /7 s-_S - `i y ppdadmintrelinst.ord Ordinance No, 94-3621 Page 3 It was moved by Novick and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz X Kubby It Lehman Novick t Pigott Throgmorton First Consideration 5/10/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 5/24/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None ABSENT: None Date published 6/15/94 /P5 �i•TSr _ rn••q .. • 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 heretd is a true and correct copy of the Ordinance No. 94-3621 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of June , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 15th day of June Dated at Iowa City, Iowa, this 7th day of July , 19 94 . � SuWalsh Deputy City Clerk Vwelsh.ert • CIVIC CENTER • 410 E. WASHINGTON ST. �>• 1 PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 N."; l Sl (.....1•=1-•• i`t-.vimj rICWLPUF._ - OkDINAftrG}£NO. 96-16?1 I AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY PERMITTING ALL RELIGIOUS CENTRAL Printer's fee $ /(e'«K- BUSINESS LASER ICE ZONEc-- INSTITUTIOS LOCATED IN THECB-2) TO EXPAND WITHOUT COMPLYING WITH THE CERTIFICATE OF PUBLICATION OFF-STREET PARKING REQUIREMENTS. STATE OF IOWA, Johnson County, ss: WHEREAS, it is in the City's interest to THE IOWA CITY PRESS-CITIZEN encourage religious institutions in the downtown and near downtown areas, and FED. ID# 42-0330670 WHEREAS. the Zoning Ordinance currently allows only those religious institutions which existed on August 7, 1962, to expand I, without complying with the off-street parking Margaret Rios, being duly sworn, requirements, and bWHEREAS, permitting all religious say that I am the legal clerk of institutions located in the CB-2 zone to expand the IOWA CITY PRESS-CITIZEN, without complying with the off-street parking requirements will encourage religious institutions a newspaper published in said in the near downtown area NOW,THEREFORE. BE IT RESOLVED county, and that a notice, a BY THE CITY COUNCIL OF THE CITY OF Tinted copyof which is hereto IOWA CITY, IOWA. THAT P SECTION I AMENDMENT Chapter 36,Article attached, was published in said II entitled "PRINCIPAL USES AND paper _L__ time(s) on the REQUIREMENTS". Division I entitled"ZONES". Section 36-20 entitled"Central Business Service following date(s): Zone. of the Code of Ordinances of the City of Iowa City. Iowa. is hereby amended by _.9./e•rt.../2rt.../2 /5--/ / ,9'y- repealing subsection (g)(1)and adopting a new — subsection (g)(1)to read as follows: (g)(1). Religious institutions may expand without complying with the off-street parking requirements CI,Z � Q�4.).., (. - -�9SECTION II REPEALER. All ordinances and G parts of ordinances in conflict with the provisions LegalClerk of this Ordinance are hereby repealed. b�` SECTION III SEVERABILITY. If any section. provision or part of the Ordinance shall be Subscribed and sworn to before me adjudged to be invalid or unconstitutional. such adjudication shall not affect the validity of the / zPdayOrdinance as a whole or any section, provision this of A.D.A , Dor part thereof not adjudged invalid or unconstitutional 19�T• SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final Passage. approval and publication, as provided by law .5.......kt____Lyr)._7 ,, ...... ..././.../dt Passed and approved this 7th day of June, Notary Public 199-.. •'4SHARON STUBBS 4,,,,2,..„ -;,. e-zJ 2---)s--- C� 40AYOR • / ATTEST 22444..e-st--) Tf Xt.�J CITY CLERK '748o June 15,1994 Drd ?� L ORDINANCE NO. gii_3K22 AN ORDINANCE AMENDING CHAPTER 32.1, IOWA CITY CODE OF ORDINANCES, ARTICLE VI, ENTITLED "PARKING FACILITY IMPACT FEE ORDINANCE" BY AMENDING SECTIONS 32.1-115 AND 32.1-123. WHEREAS, the City has adopted the parking facility impact fee ordinance to assist in the implementation of the Near Southside Neighborhood redevelopment plan, and guide the use and development of land so as to assure that new residential development in the Near Southside Neighborhood bears a proportionate share of the cost of capital expenditures necessary to provide parking in the Near Southside Neighborhood of Iowa City; and WHEREAS, the City finds it necessary to establish a mechanism in the parking facility impact fee ordinance to ensure that the parking facility impact fee paid by fee payors reflects current parking facility development costs. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Chapter 31.2, Iowa City Code of Ordinances, Article VI, entitled "Parking Facility Impact Fee Ordinance" is amended by repealing Sections 32.1-115 and 32.1-123, and adding thereto new Sections 32.1-115 and 32.1-123 to read as follows: Section 32.1-115. Computation of the Amount of the Parking Facility Impact Fee. A. The impact fee imposed by this ordinance is based upon current best estimates of the capital improvement costs of the construction of a parking facility in the Near'Southside Neighborhood. Based upon 1992 architects' estimates of construction costs of $10,000 per parking space constructed, and land costs of approximately $16 per square foot, the City Council finds that such capital improvement costs total in the amount of at least $12,000 per parking space in 1992. B. The City Council further finds that given current Department of Planning and Program Development estimates of new residential development in the Near Southside Neighborhood, and given the City's ability to manipulate parking system 19 Ordinance No. 94-3622 Page 2 rates, monthly permit policies and on-street parking ordinances, the use of a parking facility in the Near Southside Neighborhood will be apportioned 331/2% to users attributable to new residential development in the Near Southside Neighborhood and 6621a% to users from other areas. C. Based on the foregoing, the amount of the parking facility impact fee required by this ordinance, in 1992 dollars, shall be $4,000 per parking space. The parking facility impact fee shall be adjusted annually according to provisions of Section 32.1- 123. • D. In order that available land in the Near Southside Neighborhood is intensively used, and that a portion of residential parking is combined in a parking facility rather than scattered throughout the Near Southside Neighborhood, the Council finds that the parking facility impact fee shall be paid in lieu of providing 50% of the parking spaces otherwise required by the Zoning Ordinance for residential uses. E. The total parking facility impact fee required by this ordinance shall be calculated by multiplying by 50% the number of parking spaces otherwise required by the Zoning Ordinance for residential uses, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .5) x IF = TF where RPS is the number of parking spaces otherwise required by the zoning ordinance for residential uses, IF is the per space parking facility impact fee, and TF is the total parking facility impact fee required by this ordinance. Section 32.1-123. Miscellaneous. A. To ensure accurate estimates of current parking facility development costs, the amount of the parking facility impacts fee required by the ordinance shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Means Squire Foot Costs manual. B. The calculation of parking facility impact fees and the receipt thereof by the City shall be documented in a form recordable in the Office of the Johnson County Recorder. 19 Ordinance No. cv,_,199 Page 3 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 7th day of June, 1994. "-5— AYOR --"L `1/2 ATTEST: 7ou�e.9f . CITY CL RK \ AApp roved y /•City Attorney's Office S/�y ecodev�parkrwtl.ora T/ • • 19 Ordinance No.. 94-3622 • Page 4 It was moved by Baker and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick Pigott Throgmorton First Consideration 5/10/94 Vote forpassage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Hubby. NAYS: None ABSENT: None Second Consideration 5/24/94 Vote forpassa e: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None ABSENT: None Date published 6/15/94 iq • 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. 94-3622 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7thday of June , 19 94 ,all as the same appears of record in my office annd p4 blished in the Iowa City Press-Citizen on the 15th day of June 19 Dated at Iowa City, Iowa, this 7th day of July , 19 94 LataX W.11,4% Susan Walsh Deputy City Clerk \walsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 57740-1826 PAX(7I9) 356-5009 / 4 SECTION I.AMENDMENT. That Chapter 31.2, entitled"Parking Facility Impact Fee Ordinance" Ordinance shall be in effect after its final is amenndeddedby repealing Sections 32.1-115 and SECTION IV. EFFECTIVE DATE. This passage,approval and publication,as provided �/ -32.1-123. and adding thereto new Sections by law. 3 7 33 '32.1-115 and 32.1-123•to read as follows: Passed and approved this 7th day of June, Printer's fee Section 32.1-115. Computation of the 1994. Amount of the Parking Facility Impact Fee. 1y, CERTIFICATE OF PUBLICATION A. The impact fee imposed by this ordinance ' '"Cit-1-1. 15-- .. is based upon current best estimates of the AYOR STATE OF IOWA, Johnson County, ss: capital improvement costs of the construction of a parking facility in the i/ - THE IOWA CITY PRESS CITIZEN Near Southside Neighborhood. Based upon • ATTEST: 9f 1992 architects'estimates of construction CITY CL RK FED. ID # 42 0330670 costs of $10,000 per parking space constructed. and land costs of 11484 June 15,1994 I, approximately $16 per square foot, the • Margaret Rios, being duly sworn, , City Council finds thatsuch capital improvement costs total inn the amount of say that I am the legal clerk of at least $12,000 per parking space in 1992. the IOWA CITY PRESS-CITIZEN, B. The City Council further finds that given current Department of Planning and a newspaper published in said Program Development estimates of new residential development in the Near county, and that a notice, a Southside Neighborhood, and given the printed copy of which is hereto City's ability to manipulate parking system rates,monthly permit policies and on-street attached, was published in said Parking ordinances, the use of a parking facility in the Near Southside Neighborhood paper / time(s), on the will be apportioned 33'/% to users following date(s): attributable to new residential development in the Near Southside Neighborhood and 661/4% to users from other areas. ✓-7214--54-12- 1.5 i 1 Ff C. Based on the foregoing,the amount of the parking facility impact fee required by this ordinance,in 1992 dollars.shall be$4,000 per parking space. The parking facility - impact fee shall be adjusted annually ` according to provisions of Section 32.1- / 123. '...77.2.2,-2.4.— -Oar t T (�: -��O D. In order that available land in the Near Southside Neighborhood is intensively Legal Clerk • used, and that a portion of residential I parking is combined in a parking facility . rather than scattered throughout the Near Subscribed and sworn to before me i Southside Neighborhood,the Council finds - that the parking facility impact fee shall be this / day of , paid in lieu of providing 50%of the parking , spaces otherwise required by the Zoning Ordinance for residential uses. 19.7 / ' E. The total parking facility impact fee // required by this ordinance shall be :24;; ,,), „,. ._ ,6_.. k...g.L calculated by multiplying by 50% the number of parking spaces otherwise required by the Zoning Ordinance for residential uses, and multiplying that Notary Public product by the per space parking facility impact fee amount,'as expressed in the ��, t a , formula: o SHARON STUBBS TRPS x.51 x IF = TF 25. 9 where RPS is the number of parking spaces . X r, .. ` otherwise required by the zoning ordinance for residential uses. IF is the per space parking facility impact fee, and TF is the ' total parking facility impact fee required by this ordinance. OFFICIAL PUBLICATION ' Section 32.1-123. Miscellaneous. _ ~ORDINANCE NO.9,,,_,,,,,2A. To ensure accurate estimates of current parking facility development-costs, the AN ORDINANCE AMENDING CHAPTER 32.1. amount of the parking facility impacts fee IOWA CITY CODE OF ORDINANCES,ARTICLE required by the ordinance shall be adjusted , VI, ENTITLED "PARKING FACILITY IMPACT annually based on the national historical FEE ORDINANCE" BY AMENDING SECTIONS cost indexes contained in the most recent 32.1-115 AND 32.1-123. edition of Means Square Foot Casts manual. WHEREAS,the City has adopted the parking B. The calculation of parking facility impact facility impact fee ordinance to assist in the fees and the receipt thereof by the City implementation of the Near Southside shall be documented in a form recordable in Neighborhood redevelopment plan, and guide the Office of the Johnson County Recorder. the use and development of land so as to assure that new residential development in the SECTION II. REPEALER. All Ordinances and Near Southside Neighborhood bears a parts of ordinances in conflict with the proportionate share of the cost of capital provisions of this Ordinance are hereby expenditures necessary to provide parking in repealed. the Near Southside Neighborhood of Iowa City; SECTION III. SEVERABILITY. If any section, and provision or part of the Ordinance shall be WHEREAS, the City finds it necessary to adjudged to be invalid or unconstitutional,such -stablish a mechanism in the parking facility adjudication shall not affect the validity of the impact fee ordinance to ensure that the parking Ordinance as a whole or any section,provision facility impact fee paid by fee payors reflects or part thereof not adjudged invalid or current parking facility development costs. unconstitutional. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: iQ CDr , a/s ORDINANCE NO. 94-3623 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY ADOPTING ARTICLE IV, DIVISION 7 ENTITLED "MINOR MODIFICATIONS". WHEREAS, many of the special exception applications considered by the Board of Adjust- ment involve minor deviations from the require- ments of the Zoning Ordinance; and WHEREAS,the minor modification procedure will improve administration of the Zoning Ordi- nance by saving both the property owner and the City time and expense; and WHEREAS, the Board of Adjustment and the Planning and Zoning Commission recommend approval of the minor modification procedure. NOW,THEREFORE, BE IT ORDAINED BY THE • CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS Chapter 36, Article IV entitled "General Provisions" of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting Division 7 and Section 36-95 to read as follows: Division 7.. Minor Modifications. Sec. 36-95. Minor Modification Procedures. (a) Purpose These provisions shall ensure the follow- ing: (1) Minor modifications from standards contained in this Chapter may be granted only when, due to special cir- cumstances applicable to a property, strict application of this Chapter is impractical and deprives that property of privileges enjoyed by other property in the vicinity and in identical zoning districts. (2) Any minor modification granted shall be subject to the requirements of this section and in conformity with the intent and purpose of this Chapter. (b) Application An application for a minor modification shall comply with the requirements set forth in this section. (c) Applicability The building official may grant minor modi- fications from the requirements of this Chapter in compliance with the following standards: (1) Parking for commercial uses may be reduced up to 10 percent. (2) Height of a wall or fence may be increased up to 25 percent, but in no 21) Ord. No. 94-3623. 2 case shall a minor modification allow a fence greater than 8 feet in height. (3) Height of a building may be increased up to 10 percent. (4) Sideyards may be reduced up to 2 feet, but in no case shall a sideyard be reduced to less than 3 feet in width. (5) Other yards may be reduced up to 15 percent of the required setback. Any requests for modifications which ex- ceed the limitations set forth above and all other requests for modifications of the requirements of this Chapter require the filing of a special exception and/or vari- ance application with the Board of Adjust- ment. (d) Administrative Hearing and Notice Upon receipt a complete minor modifica- tion application, an administrative hearing shall be set. Ten (10) days prior to the administrative hearing, written notice shall be sent to property owners within 200 feet of the exterior boundaries of the property. (e) Findings Following an administrative hearing, the building official shall issue a written deci- sion which recites the findings upon which the decision is based. The property owner shall record the decision in the office of the Johnson County Recorder. The building official may approve and/or modify an application, in whole or in part, with or without conditions, only if the building officials makes all of the following findings: (1) Special circumstances apply to the property such as size, shape,topogra- phy, location or surroundings. (2) The minor modification will not be detrimental to the public health, safe- ty, or welfare or be injurious to other property or improvements in the vicin- ity and in the zoning district in which the property is located. (3) The minor modification does not ex- ceed the minor modification standards or allow a use or activity not other- wise expressly authorized by the regulations governing the subject property. (4) The minor modification is in conformi- ty with the intent and purpose of this Chapter. (5) The minor modification does not, in any way, alter the applicant's obliga- tion to comply with other applicable statutes, ordinances, laws or regula- tions. 20 Ord. No. 94-3623. 3 (f) Precedents The granting of a minor modification is not grounds for granting other minor modi- fications for the same or differing proper- ties. (g) Burden of Proof The applicant bears the burden of proof and must support each of the required findings by a preponderance of the evi- dence. (h) Minor Modification Expiration A minor modification must be exercised within 180 days from the date of approval or the minor modification shall become null and void. (i) Time Extensions For good cause, the building official may grant time extensions not to exceed a total of 12 months from the date of the deci- sion. Prior to granting an extension, the building official shall ensure that the minor modification complies with all current Zoning Code provisions. (j) Revocation The building official may revoke or modify a minor modification if any one of the following occurs: (1) The grantee has not substantially • exercised the rights granted by the minor modification. (2) The minor modification was obtained by misrepresentation or fraud. (3) The applicant ceases or suspends work on the improvement authorized pursuant to the minor modification for six or more consecutive calendar months. (4) The improvement authorized pursuant to the minor modification violates any applicable statute, ordinance, law or regulation. (5) The improvement permitted by the minor modification is detrimental to the public health, safety or welfare or constitutes a nuisance. (k) Appeals The applicant may appeal the decision of the building official to the Board of Adjust- ment. 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 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 unconsti- tutional. 2.6 Ord. No. 94-3623. • 4 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of June , 1994. )11 AYOR S' ATTEST: .} K• CI CLERK Approved by iCidtiO Lad City Attorney's Office / ff/ay/9 hisadminLninoimod.ord lb Ordinance No. 94-3623 Page 5 It was moved by Kubby and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: K Baker K Horowitz K Kubby Lehman Novick Pigott K Throgmorton First Consideration 6/7/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Novick, Pigott NAYS: None ABSENT: Lehman Second Consideration Vote for passage: Date published 6/22/94 Moved by Kubby, seconded by Novick, 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: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. G(.l i rr"Q. ` • regi" 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. 94-3623 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of June 19 94 , Dated at Iowa City, Iowa, this 7th day of July , 19 94 - 4etr /. W Deputy City Clerk lwdsh.en • CIVIC CENTER • 410 E. WASHINGTON ST. ;f•` IOWA CITY IOWA 32240.1826 „"- PHONE (719) 336-3009 FAX(719) 736-3009 6W i) • 7L1—<54cIL___ SECTIONI. AMENDMENTS !/ n Chapter 36, Article IV entitled "General / 61°./ Provisions" of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting Division 7 and Section 36-95 to read as follows: Division 7. Minor Modifications. Sec. 36-95. Minor Modification Procedures. (a) Purpose These provisions shall ensure the follow- Printer's fee $ -St S-C3 ing. (11 Minor modifications from standards contained in this Chapter may be CERTIFICATE OF PUBLICATION granted only when,due to special cir- cumstances applicable to a property, STATE OF IOWA, Johnson County, ss: strict application of this Chapter is THE IOWA CITY PRESS-CITIZEN impractical and deprives that property of privileges enjoyed by other property FED. ID# 42-0330670 in the vicinity and in identical zoning districts. I (2) Any minor modification granted shall be subject to the requirements of this Margaret Rios, being duly sworn, section and in conformity with the intent and purpose of this Chapter. say that I am the legal clerk of (b) Application the IOWA CITY PRESS-CITIZEN, An application for a minor modification shall comply with the requirements set a newspaperpublished in said forth in this section. (c) Applicability county, and that a notice, a The building official may grant minor modi- fications from the requirements of this printed copy of which is hereto Chapter in compliance with the following attached, was published in said standards: 11) Parking for commercial uses may be paper ___L_ time(s), on the reduced up to 10 percent. following date(s): (2) Height of a wall or fence may be increased up to 25 percent, but in no .!� case shall a minor modification allow jJ�4u- .=)�, /q / a fence greater than 8 feet in height. (31 Height of a building may be increased up to 10 percent. (4) Sideyards may be reduced up to 2 > feet,but in no case shall a sideyard be (/ � ��� / reduced to less than 3 feet in width. C Gdo 15) Other yards may be reduced up to 15 percent of the required setback. Legal Clerk Any requests for modifications which ex- ceed the limitations set forth above and all other requests for modifications of the Subscribed and sworn t before me requirements of this Chapter require the A� filing of a special exception and/or vari- this 4it day of9 , A.D. once application with the Board of Adjust- ment. n (d) Administrative Hearing and Notice 19 Upon receipt a complete minor modifica- ' tion application, an administrative hearing shall be set. Ten (10) days prior to the administrative hearing,written notice shall —/ �A — L / be sent to property owners within 200 Notary Pub feet of the exterior boundaries of the property. o •""`r SHARON STUBBs I (e) Findings / Following an administrative hearing, the 4:14 7 //�.�" •Z - r5l building official shall issue a written deci- 44 sion which recites the findings upon which the decision is based. The property owner shall record the decision in the office of the Johnson County Recorder. The building official may approve and/or modify an application, in whole or in part, OFFICIAL PUBLICATION with or without conditions, only if the building officials makes all of the following ORDINANCE NO. 94-3623 findings: (1l Special circumstances apply to the AN ORDINANCE AMENDING CHAPTER 36 OF ' property such as size,shape,topogra- THE CODE OF ORDINANCES OF THE CITY OF phy,location or surroundings. IOWA CITY, IOWA, ENTITLED "ZONING" BY 12) The minor modification will not be ADOPTING ARTICLE IV,DIVISION 7 ENTITLED detrimental to the public health, safe- "MINOR MODIFICATIONS". ty, or welfare or be injurious to other property or improvements in the vicin- WHEREAS,many of the special exception ity and in the zoning district in which applications considered by the Board of Adjust- the property is located. ment involve minor deviations from the require- 13) The minor modification does not ex- ments of the Zoning Ordinance;and coed the minor modification standards WHEREAS,the minor modification procedure or allow a use or activity not other- will improve administration of the Zoning Ordi- wise expressly authorized by the nance by saving both the property owner and regulations governing the subject E the City time and expense;and property. ( WHEREAS,the Board of Adjustment and the (41 The minor modification is in conformi- Planning and Zoning Commission recommend ty with the intent and purpose of this approval of the minor modification procedure. Chapter. NOW,THEREFORE,BE IT ORDAINED BY THE (51 The minor modification does not, in CITY COUNCIL OF THE CITY OF IOWA CITY, any way, alter the applicant's obliga- IOWA,THAT: tion to comply with other applicable statutes, ordinances, laws or regula- tions. oma. 94/ -3x3 If) Precedents The granting of a minor modification is not grounds for granting other minor modi- fications for the same or differing proper- ties. Igl Burden of Proof The applicant bears the burden of proof and must support each of the required findings by a preponderance of the evi- dence. (h) Minor Modification Expiration A minor modification must be exercised within 180 days from the date of approval or the minor modification shall become null and void. hi Time Extensions For good cause, the building official may grant time extensions not to exceed a total of 12 months from the date of the deci- sion. Prior to granting an extension, the building official shall ensure that the minor modification complies with all current Zoning Code provisions. Ijl Revocation The building official may revoke or modify a minor modification if any one of the following occurs: (1) The grantee has not substantially exercised the rights granted by the minor modification. (21 The minor modification was obtained by misrepresentation or fraud. (31 The applicant ceases or suspends work on the improvement authorized pursuant to the minor modification for six or more consecutive calendar months. (4) The improvement authorized pursuant to the minor modification violates any applicable statute, ordinance, law or regulation. (51 The improvement permitted by the minor modification is detrimental to the public health,safety or welfare or constitutes a nuisance. Ik) Appeals The applicant may appeal the decision of the building official to the Board of Adjust- ment. 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 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 14th day of June ,1994. MAYOR �/ ATTEST: -.<i 9K CITY LERK 11529 June22,1994 • cD ( rd ORDINANCE NO. 94-3624 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO PERMIT RELIGIOUS INSTITUTIONS TO BE ESTABLISHED OR EXPANDED WITH ACCESS TO A COLLECTOR STREET. WHEREAS, religious institutions required to comply with Section 36-55(m)(1) of the Code of Ordinances must be located with access to arterial streets or on streets with paving wider than 28 feet; and WHEREAS, the additional access regulation for religious institutions is intended to keep local residential streets from being inundated by large amounts of traffic; and WHEREAS, in certain cases, a street classified as a collector street can accommodate the traffic generated by a religious institution; and WHEREAS,in lower density residential zones, religious institutions seeking to establish or expand must submit an application for a special exception to the Board of Adjustment, which considers public health and safety, impacts on the use and enjoyment of property in the immediate vicinity, and traffic congestion; and WHEREAS,the Board of Adjustment's review provides an additional safeguard against the expansion or establishment of a religious institution on a street with insufficient capacity in the lower density residential zones. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 36,Article II "PRINCIPAL USES AND REQUIREMENTS", Section 36-55 entitled "Use and requirements" of the Code of Ordinances of the City of Iowa City, Iowa, be hereby amended by repealing Section 36-55(m)(1), and adding a new Section 36-55(m)11) to read as follows: Subsection 36-55(m)(1). Religious institutions shall have access to arterial or collector streets or on streets with paving wider than twenty eight feet (28'). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 21 Ordinance No. 94-1624 Page 2 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 14th day of June, 1994. AYOR (1.4(1)17 ' ATTEST: / CITY CLE K Approved by City Attorney's Office 5-11-2/ ppdadm\relginst.ord • • 2I Ordinance No. 94-3624 Page 2 It was moved by Nubby and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby x Lehman x Novick Pigott Throgmorton First Consideration 6/7/94 Voteforpassage: AYES: Baker, Horowitz, Kubby, Novick, Pigott, Throgmorton NAYS: None ABSENT: Lehman Second Consideration Vote for passage: Date published A/27/94 Moved by Kubby, seconded by Novick, 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: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS:, None. ABSENT: None. Z1 a sE III! ,-�lFlI:J . 3: �, 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. 94-3624 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of June 19 94 Dated at Iowa City, Iowa, this 7th day of July 19 94 LaAn--I - // ()GICM Susan Walsh Deputy City Clerk lwalsh.crt • • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240.1826 FAX(319) 356-5009 C>2/ vrv-i- r Z ,.Jw OFFICIAL PUBLICATION ORDINANCE NO. 94-3674— AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO PERMIT RELIGIOUS INSTITUTIONS TO BE ESTABLISHED OR EXPANDED WITH ACCESS q / TO A COLLECTOR STREET. Printer's fee $ /F c:76 WHEREAS, religious institutions required to comply with Section 36-554111111 of the Code of Ordinances must be located with access to CERTIFICATE OF PUBLICATION arterial streets or on streets with paving wider than 28 feet; and STATE OF IOWA, Johnson County, ss: WHEREAS, the additional access regulation THE IOWA CITY PRESS-CITIZEN for religious institutions is intended to keep local residential streets from being inundated by FED. ID# 42-0330670 large amounts of traffic; and WHEREAS. in certain cases, a street I classified as a collector street can accommodate the traffic generated by a Margaret Rios, being duly sworn, religious institution;and WHEREAS,in lower density residential zones, say that I am the legal clerk of religious institutions seeking to establish or the IOWA CITY PRESS-CITIZEN expand must submit an application for a special exception to the Board of Adjustment, which a newspaper published in said considers public health and safety,impacts on county, and that a notice, a the use and enjoyment of property in the immediate vicinity, and traffic congestion;and printed copy of which is hereto WHEREAS,the Board of Adjustment's review provides an additional safeguard against the attached, was published in said expansion or establishment of a religious paper / time(s), on the institution on a street with insufficient capacity in the lower density residential zones. following date(s): NOW,THEREFORE,BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, O/ /7�r IOWA,THAT: UM dSECTION I. AMENDMENT. Chapter 36.Article r_ II "PRINCIPAL USES AND REQUIREMENTS", _ Section 36-55 entitled"Use and requirements" of the Code of Ordinances of the City of Iowa City, Iowa, be hereby amended by repealing Section 36-551m){11,and adding a new Section �,y" (5_,,—(.." -1� 36-551m1111 to read as follows: QQ Subsection 36-551m)('tl. Religious Legal Clerk institutions shall have access to arterial or collector streets or on streets with paving wider than twenty eight feet 128'1. Subscribed and s rn to before me SECTION II. REPEALER. All ordinances and this parts of ordinances in conflict with the provisions of this Ordinance are hereby LQ.day of , A.D. repealed. 19_ 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 }jt ���� ���- or part thereof not adjudged invalid or Notary Public unconstitutional. . SECTION IV. EFFECTIVE DATE. This ot,„.. . r. SHARM STUBBS Ordinance shall be in effect after its final ! passage, approval and publication,as provided �/. Z ..!V[��Q bylaw. J Passed and approved this 14th day of June, 1994- MAYOR _ ATTEST: '-�_..,/ CITY CL RK 11504 June 22,1994 Ord 6K ORDINANCE NO. 94-3625 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO PERMIT AWNING SIGNS IN THE GENERAL INDUSTRIAL ZONE (I-1), HEAVY INDUSTRIAL ZONE (I-2), OFFICE AND RESEARCH PARK . ZONE (ORP) AND RESEARCH DEVELOPMENT PARK ZONE (RDP). WHEREAS, the sign regulations are intended tb enhance and protect the physical appearance and safety of the community and to provide all sign users a responsible opportunity to display signs for identification; and WHEREAS, the current sign regulations permit awning signs in certain zones subject to individual signage allowances; and WHEREAS, permitting awning signs in the industrial, office and research park, and research development park zones would allow flexibility in the location of signage; and WHEREAS, awning signs should be similar in size and character to other permitted signs. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. 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, is hereby amended by repealing Section 36- 62(c)(6)a. and Section- 36-62(c)(6)c. and - adding thereto a new Section 36-62(c)(6)a. and a new Section 36-62(c)(6)c. to read as follows: Sec. 36-62(c)(6)a. Permitted signs. 1. Facia signs. 2. Only one (1) of the following signs: a. Identification monument sign. b. Identification free-standing sign. 3. Awning signs. 4. Window signs. Sec. 36-62(c)(6)c. Dimensional require- ments. 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 located. 2. Individual signage allowances. a. Sian: Facia. Maximum Area: Fifteen percent (15%) of the sign wall area. Maximum Height: None. b. Sion: Monument. Maximum Area: Two (2) square feet per lineal foot of lot frontage, • Z2- Ordinance No. 94-3625 Page 2 not to exceed 150 square feet or • 75 sq. ft. per sign face. Maximum Height: Five (5) feet: c. Sign: Free-standing. Maximum Area: One (1) square foot per lineal foot of lot frontage not to exceed 100 square feet or 50 sq. ft. per sign face. Maximum Height: 25 feet. d. Sion: Awning. Maximum Area: Twenty-five percent (25%) of the surface of the awning or 12 square feet, whichever is less. Maximum Height: Top of first story. e. Skin: Window. Maximum Area: Twenty-five percent (25%) of the area of the window where it is mounted. Maximum Height: None. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 14th day of June, 1994. jd AYOR • ATTEST:p` 7> 9� CITY CLERK Approved by . GLLO La I 2 (.n City Attorney's Office 5- i g- c7/ ppdadm\awning.ord • 2Z- Ordinance No. 94-3625 Page 3 • It was moved by Novick and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman X Novick Pigott Throgmorton First Consideration 5/24/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None ABSENT: None Second Consideration 6/7/94 Vote for passage: AYES: Horowitz, Kubby, Novick, Pigott, Throgmorton, Baker NAYS: None ABSENT: Lehman Date published F/99/94 2Z 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. 94-3625 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 22nd day of June 19 94 . • Dated at Iowa City, Iowa, this 7th day of July , 19 94 'Lowy, Susan Walsh Deputy City Clerk Iwalsh.crt • CIVICCENTER • 410 E. WASHINGTON St ;�` IOWA CITY IOWA 32260-IS26 PHONE (319) 356-3000 FAX(319) 356.5009 rata elev. 9v3G.25 WHEREAS,awning signs should be similar in size and character to other permitted signs. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: SECTION I. AMENDMENTS. Printer's fee $ 7 c> Chapter 36,Article III entitled"ACCESSORY USES AND REQUIREMENTS", Section 36-62 entitled "Permitted signs" of the Code of CERTIFICATE OF PUBLICATION Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Section 36- STATE OF IOWA,Johnson County, ss: 62(c)(61a. and Section 36-62(c)(6)c. and THE IOWA CITY PRESS-CITIZEN adding thereto a new Section 36-62(c)(6)a.and a new Section 36-62(c)(6)c.to read as follows: FED. ID # 42-0330670 Sec. 36-62(c)(6la. Permitted signs. 1. Facia signs. 2. Only one(1)of the following signs: a. Identification monument sign. Margaret Rios, being duly sworn, b. Identification free-standing sign. 3. Awning signs. say that I am the legal clerk of 4. Window signs. the IOWA CITY PRESS-CITIZEN, menSsc. 36-62(c)16)c. Dimensional require- a newspaper published in said 1. Uses in this zone shall be allowed a maximum building sign area per sign county, and that a notice, a wall equal to 15% of the sign wall on copyof which is hereto which the sign is to be located. printed 2. Individual signage allowances. attached, was published in said a. Sign: Facia. Maximum Area: Fifteen percent paper I time(s), on the (15%)of the sign wall area. following date(s): Maximum Height: None. b. Sion: Monument. Maximum Area: Two (21 square Q-60 / ? " feet per lineal foot of lot frontage, not to exceed 150 square feet or 75 sq.ft.per sign face. Maximum Height: Five(5)feet. c. Sian: Free-standing. ® Maximum Area: One (1) square C,1 -uT l_G1,Q foot per lineal foot of lot frontage not to exceed 100 square feet or Legal Clerk 50 sq.ft. per sign face. Maximum Height: 25 feet. d. Sign: Awning. Subscribed and rn to before me Maximum Area: Twenty-five percent(25%)of the surface of the this /±day of , A.D. awning or 12 square feet, whichever is less. 19�r Maximum Height: Top of first 9? / e. story.Si n: Window. Maximum Area: Twenty-five percent 125%1 of the area of the _ _411,. A.! window where it is mounted. Notary Public Maximum Height: None. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the '°rk`'', SHARON STUBBS provisions of this Ordinance are hereby repealed. �a Z"!s 9,7 CY'- 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 OFFICIAL PUBLICATION or part thereof not adjudged invalid or unconstitutional. ORDINANCE NO. 94-3625 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF passage, approval and publication,as required by law. IOWA CITY, IOWA, ENTITLED "ZONING" TO Passed and approved this 14th day of June PERMIT AWNING SIGNS IN THE GENERAL 1994. INDUSTRIAL ZONE(l-1),HEAVY INDUSTRIAL ZONE (I-21, OFFICE AND RESEARCH PARK , �� A ZONE(ORP)AND RESEARCH DEVELOPMENT 'MAYOR PARK ZONE(RDP). WHEREAS,the sign regulations are intended to enhance and protect the physical ATTEST: �/�-• ,.) 9f CLW appearance and safety of the community and CITY CLERK to provide all sign users a responsible 11505 June 22,1994 opportunity to display signs for identification; and WHEREAS, the current sign regulations permit awning signs in certain zones subject to individual signage allowances; and WHEREAS, permitting awning signs in the industrial, office and research park, and research development park zones would allow flexibility in the location of signage;and Dimd. R/- ORDINANCE NO. 94-3626 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" BY AMENDING SECTION 36-18 ENTITLED "NEIGHBORHOOD COMMERCIAL ZONE (CN- 1)", TO BROADEN THE TYPES AND SIZES OF PERMITTED USES, PROVISIONAL USES AND SPECIAL EXCEPTIONS; TO ALLOW CN-1 ZONES UP TO TEN ACRES IN SIZE, SUBJECT TO SITE PLAN APPROVAL; AND TO ESTAB- LISH REQUIREMENTS AND GUIDELINES TO ENCOURAGE PEDESTRIAN AMENITIES AND NEIGHBORHOOD COMPATIBILITY OF DEVEL- OPMENT WITHIN THE ZONE. WHEREAS, the Neighborhood Commercial Zone is intended to serve the retail and person- al service needs of surrounding residential neighborhoods; and WHEREAS,the Planning and Zoning Commis- sion and Department of Planning and Communi- ty Development have identified retail and personal services which are appropriate in the Neighborhood Commercial Zone, in addition to those uses already permitted in the zone; and WHEREAS, it may be appropriate to increase the size of Neighborhood Commercial Zones > from seven to ten acres in some locations; and WHEREAS,the Planning and Zoning Commis- sion and Department of Planning and Communi- ty Development have developed requirements and guidelines to encourage pedestrian ameni- ties and neighborhood compatibility of develop- ments within the Neighborhood Commercial Zone. 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 REQUIRE- MENTS" Section 36-18 entitled "Neighborhood Commercial Zone (CN-1)" of the Code of Ordi- nances of the City of Iowa City, is hereby amended by repealing Section 36-18 and adding a new Section 36-18 to read as follows: Sec. 36-18. Neighborhood Commercial Zone (CN-1). (a) Intent. The Neighborhood Commercial Zone (CN-1) is intended to permit the de- velopment of retail sales and personal ser- vices required to meet the day-to-day 23 Ordinance No. 94-3626 Page 2 needs of a fully developed residential neigh- borhood. Stores, businesses and offices in this zone should be useful to the majority of the neighborhood residents, should be economically supportable by nearby popula- tion, and should not draw community-wide • patronage. A grocery store or grocery store/drugstore combination is favored as the principal tenant in a neighborhood com- mercial zone. In general, the CN-1 zone is intended for the grouping of a grocery store and small retail businesses and office uses which are relatively nuisance-free to sur- rounding residences and which do not detract from the residential purpose and character of the surrounding neighborhood. The location and development of neighbor- hood commercial sites should follow the criteria set forth for such sites in the Com- prehensive Plan. (b) Permitted uses. (1) Barber shops and beauty parlors, Laun- dromats, laundry and dry cleaning pick-up and delivery services, shoe re- pair services. (2) Copy centers. (3) Drugstores, florist shops and variety stores. (4) Financial institutions, branch offices. (5) Gift and novelty shops limited to 1,000 square feet of floor area. (6) Ice cream/yogurt stores limited to 1000 square feet of floor area. (7) Photo finishing services. (8) Retail bakeries. (9) U.S. postal station. (10)Videotape rental store. (c) Provisional uses. (1) Child care facilities subject to the re- quirements of Sec. 36-55. (2) Grocery stores, including specialty foods such as bakery and delicatessen goods, provided that the floor area of a grocery store shall not exceed 30,000 square feet. (3) Neighborhood superstore. A grocery store which includes departments for goods and services permitted in the CN-1 zone and is greater than 30,000 square feet but no more than 40,000 • square feet. Floor area over 30,000 square feet shall be departmentalized for non-food products and services. 23 Ordinance No. 94-3626 Page 3 (4) Offices limited to dental practices, gen- eral medical practices; insurance agen- cies, chiropractic clinics, real estate agencies, travel agencies, accounting practices, and law offices, provided that: a. No office establishment shall occu- py more than 2400 square feet of floor area. b. The ground floor area of office uses within an area zoned CN-1 shall not exceed fifteen (15) percent of the total floor area, either existing or proposed, in the zone. In deter- mining the area zoned CN-1, any streets contained in the zone shall be disregarded. c. The total floor area of all office uses within an area zoned CN-1 (including ground floor, second floor and below grade floor area) shall not exceed thirty (30) percent of the total floor area, either exist- ing or proposed, in the zone. In determining the area zoned CN-1, any streets contained in the zone shall be disregarded. d. The location of the building in which the office is located does not diminish convenient access to retail sales and personal service busi- nesses. (d) Special exceptions. (1) Dwellings located above the ground floor of another principal use permitted in this zone, provided the density does not exceed one (1) dwelling unit per 1800 square feet of lot area. A maxi- mum of one (1) roomer may reside in each dwelling unit. (2) Drive-in facilities for financial institu- tions. (3) Filling stations provided that no part of the filling station site shall be located within 100 feet of an R zone boundary. (4) Offices, other than those permitted by Section 36-18(c)(4),which do not carry on retail 'trade activities and do not maintain a stock of goods for sale to customers except far those retail estab- lishments specifically allowed in this zone, subject to the requirements of Section 36-18(c)(4)a-d. 23 • Ordinance No. 94-3626 Page 4 (5) Religious institutions. (6) Restaurants. (7) Schools - specialized private instruc- tion. (e) Dimensional requirements. (1) Minimum lot area: None (2) Minimum lot width: None (3) Minimum lot frontage: None (4) Minimum yards: Front - 20 ft. Side - None Rear - None (5) Maximum building bulk: • Height - 25 ft. Lot coverage - None Floor area ratio - 1 (f) General provisions. All principal and acces- sory uses permitted within this zone are subject to the requirements of Articles III and IV. Said Divisions and Sections are indicated as follows: (1) Accessory uses and requirements. See Article III. a. Permitted accessory uses and build- • ings. See Sec. 36-56. b. Accessory uses and building regula- tions. See Sec. 36-57. c. Off-street parking requirements. See Sec. 36-58. d. Off-street loading requirements. See Sec. 36-59. 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 Divi- sion 3. d. Non-conformities. See Division 4. (g) Special provisions. (1) In no instance shall an area zoned CN-1 be less than three (3) acres or more than ten (10) acres. (21A plan showing the general design of the proposed development must be submitted with any rezoning that re- sults in a CN-1 zone greater than seven (7) acres in size. The plan shall include provisions for landscaping, screening and buffering between the proposed commercial development and adjacent 23 Ordinance No. 94-3626 Page 5 residential zones, and building eleva- tions. (h) Design Provisions. 1. The following design provisions are intended to help insure that this zone devel- ops in a manner which is compatible with adjacent residential neighborhoods and which encourages pedestrian access to the zone and within the zone. 2. Prior to receiving a building permit for any development, a developer must submit a site plan which complies with the require- ments of Chapter 27, Article Ill "Site Plan Review". Prior to submitting a request for site plan review, the developer shall partici- pate in a pre-application conference with the Director of Planning and Community Development to discuss the application of the design provisions to the subject proper- ty. The following design guidelines will be applied during the site plan review process, in addition to the design standards set forth in Chapter 27, Article Ill. Alternative de- sign solutions may be approved if it is demonstrated that the alternative meets the intent of this section. (1) Bicycle parking facilities shall be locat- ed in convenient areas of the develop- ment and shall be located so as not to impede pedestrian or vehicular traffic. (2) Modular masonry materials, such as • brick and concrete pavers, or gridded cast-in-place materials, such as exposed aggregate concrete, are en- couraged as paving materials and ac- cents in order to define pedestrian walkways and to improve the appear- ance of paved areas. (3) Pedestrian access to adjacent residen- tial areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. (4) Pedestrian access between the uses located in this zone shall be encouraged by the location of sidewalks and other pedestrian-designated routes. (5) Parking lot layout shall take pedestrian circulation into consideration— pedes- trian crosswalks shall be provided, where necessary and appropriate, shall be permanently designated with materi- als such as textured or brick paving, Z3 Ordinance No. 94-3626 Page 6 • and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. (6) The ends of parking aisles shall contain landscaped islands. (7) Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. (8) Buildings in the zone shall relate to one another, both functionally and visually, and shall encourage pedestrian activity. A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles. (9) Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recess- es, and changes in floor level shall be used in order to add architectural inter- est and variety, and to relieve the visu- al effect of a single, long wall. Similar- ly, roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and -to relieve the effect of a single, long roof. (10)Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in plane, building material or color. (11)Air conditioning units, HVAC systems, exhaust pipes or stacks, elevator hous- ing and satellite dishes and other tele- communications receiving devices shall be screened from view from the public right-of-way and from adjacent proper- ties, by using walls, fencing, roof ele- ments, penthouse-type screening de- vices or landscaping. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Z3 Ordinance No. 94-3626 Page 7 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 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 14th day of June, 1994. AYOR J/ ATTEST: 7e • CITY CL RK Approved by City Attorney's Office 6 5/a0Y ppdadmin\cn-1 zone.ord 2.3 Ordinance No. 94-3626 Page 8 It was moved by Pigott and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick Pigott x Throgmorton First Consideration 5/24/94 Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None ABSENT: None Second Consideration 6/7/94 Vote for passage: AYES: Kubby, Novick, Pigott, Throgmorton, Baker, Horowitz NAYS: None ABSENT: Lehman Date published 6/22/94 • 23 A;N 11 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. 94-3626 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 94 , all as the same appears of record in my office and p9tiblished in the Iowa City Press-Citizen on the 22nd day of June 19 Dated at Iowa City, Iowa, this 7th day of July , 19 94 -Susan !C. - Wal-416 Susan Walsh Deputy City Clerk lwSsh.cn CIVIC CENTER • 410E. WASHINGTON ST. IOWA CITY IOWA52240-1826 PHONE (319) 356-5000 FAX(3I9) 356-3009 3 b. The ground floor area of office uses WHEREAS,the Planning and Zoning Commis- within an area zoned CN-1 shall not sion and Department of Planning and Communi- exceed fifteen 115) percent of the ty Development have identified retail and personal services which are appropriate in the total floor area, either existing or proposed, in the zone. In deter- Neighborhood Commercial Zone, in addition to those uses already permitted in the zone;and mining the area zoned CN-1, any WHEREAS,it may be appropriate to increase streets contained in the zone shall the size of Neighborhood Commercial Zones be disregarded. from seven to ten acres in some locations;and c. The total floor area of all office Printer's h f, WHEREAS,the Planning and Zoning Commis-: uses within an area zoned CN-1 fee $ d d (including ground floor, second sion and Department of Planning and Communi- floor and below grade floor area) ty Development have developed requirements shall not exceed thirty(30)percent CERTIFICATE OF PUBLICATION and guidelines to encourage pedestrian amens- of the total floor area, either exist- ties and neighborhood compatibility of develop- of or in the In STATE OF IOWA, Johnson County, ss: ments within the Neighborhood Commercial ingdetor proposed,rop the areaizoned zone.CN-I, THE IOWA CITY PRESS-CITIZEN Zone. any streets contained in the zone NOW-THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, shall be disregarded. FED. ID # 42-0330670 OWA,THAT: d. The location of the building in Iwhich the office is located does not I SECTION I. AMENDMENT. Chapter 36,Articlediminish convenient access to retail , II entitled "PRINCIPAL USES AND REQUIRE-Margaret Rios, being duly sworn, MENTS"Section 36-18 entitled"Neighborhood salesand personal service busi- nesses.Commercial Zone ICN-11"of the Code of Ordi- say that I am the legal clerk of nances of the City of Iowa City, is hereby (d) Special exceptions. amended by repealing Section 36-18 and (1) Dwellings located above the ground the IOWA CITY PRESS CITIZEN, adding a new Section 36-18 to read as follows: floor of another principal use permitted in this zone,provided the density does Sec.36-18. Neighborhood Commercial Zone a newspaper published in said CN 11 not exceed one Ii) dwelling unit per county, and that a notice, a (a) Intent. The Neighborhood Commercial 1800 sauare feet of lot area. A ma.,- Zone ICN-11 is intended to permit the de- printed copy of which is hereto velopment of retail sales and personal ser- OFFICIAL PUBLICATION attached, was published in said vices required to meet the day-to-day •— mum of one 11) roomer may reside in paper time(s) on the needs of a developed residentialneigh- s boyhood. Stores,businesses and offices in each dwelling unit. following date(s): this zone should be useful to the majority 121 Drive-in facilities for financial institu- of the neighborhood residents, should be tions. f ...Z-K.--,1,2 �/ /C2.9'.. . economically supportable by nearby popula• (31 Filling stations provided that no part of tion,and should not draw community-wide the filling station site shall be located (/ patronage. A grocery store or grocery within 100 feet of an R zone boundary. store/drugstore combination is favored as 141 Offices,other than t,hose permitted by the principal tenant in a neighborhood corn- Section 36.18lcll4),which do not carry martial zone. In general.the CN-1 zone is on retail trade activities and do not "�, `_'9 intended for the grouping of a grocery store maintain a stock of goods for sale to ____ �-2- � and small retail businesses and office uses customers except for those retail estab- _ which are relatively nuisance-free to sur- lishments specifically allowed in this Legal Clerk rounding residences and which do not zone, subject to the requirements of detract from the residential purpose and Section 36-18Ic1(4Ia-d. Subscribed and s ore to before me character of the surrounding neighborhood. 15) Religious institutions. The location and development of neighbor- 161 Restaurants. hood commercial sites should follow the 171 Schools - specialized private instruc- this 1_2( day of , A.D- criteria set forth for such sites in the Com- tion. prehensive Plan. (e) Dimensional requirements. 1 9 . ; UK-U• 77-.Xo c (21 A plan showing the general design of _f the proposed development must be (�(J submitted with any rezoning that re- (11)Air conditioning units,HVAC systems, sults in a CN-1 zone greater than seven exhaust pipes or stacks,elevator hous- 17)acres in size. The plan shall include ing and satellite dishes and other tele- provisions for landscaping, screening communications receiving devices shall and buffering between the proposed be screened from view from the public commercial development and adjacent rightof-way and from adjacent proper- ties, by using walls, fencing, roof ale- residential zones, and building slava- merits, penthouse-type screening de- bris. (h) Design Provisions. vices or landscaping. 1. The following design provisions are SECTION II. REPEALER. All ordinances and intended to help insure that this zone Bevel parts of ordinances in conflict with the provi- ops in a manner which is compatible with sions of this Ordinance are hereby repealed. adjacent residential neighborhoods and SECTION III. SEVERABILITY. It any section, which encourages pedestrian access to the provision or part of the Ordinance shall be zone and within the zone. adjudged to be invalid or unconstitutional,such 2. Prior to receiving a building permit for adjudication shall not affect the validity of the any development,a developer must submit Ordinance as a whole or any section,provision a site plan which complies with the require- or part thereof not adjudged invalid or unconsti- ments of Chapter 27,Article III "Site Plan tutional. Review". Prior to submitting a request for SECTION IV. EFFECTIVE DATE. This Ordi- site plan review,the developer shall partici- nance shall be in effect after its final passage, pate in a pre-application conference with approval and publication,as provided by law. the Director of Planning and Community Passed and approved this14th day of June Development to discuss the application of 1994. thedesign provisions to the subject proper- --r— ty. The following design guidelines will be applied during the site plan review process, AAYOR in addition to the design standards set forth ATTEST: in Chapter 27, Article III. Alternative de- CITY CL K sign solutions may be approved if it is 11521 June 22,1994 demonstrated that the alternative meets the intent of this section. 11) Bicycle parking facilities shall be locat- ed in convenient areas of the develop- ment and shall be located so as not to impede pedestrian or vehicular traffic. 12) Modular masonry materials, such as brick and concrete pavers. or gridded cast-in-place materials, such as exposed aggregate concrete, are en- couraged as paving materials and ac- cents in order to define pedestrian walkways and to improve the appear- ance of paved areas. (31 Pedestrian access to adjacent residen- tial areas shall be encouraged through the provision of sidewalks in addition to those located on adjacent public streets where appropriate. 141 Pedestrian access between the uses located in this zone shall be encouraged by the location of sidewalks and other pedestrian-designated routes. (51 Parking lot layout shall take pedestrian circulation into consideration— pedes- trian crosswalks shall be provided, where necessary and appropriate,shall be permanently designated with materi- als such as textured or brick paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot,as surface materials,or as accents. (6) The ends of parking aisles shall contain landscaped islands. . 17).Areas which are not used for vehicular and pedestrian access or parking shall be landscaped. 181 Buildings in the zone shall relate to one another,both functionally and visually, and shall encourage pedestrian activity. A development with multiple buildings may be organized around features such as courtyards with trees, greens or quadrangles. 191 Buildings shall avoid uninterrupted wall or roof planes. Building wall offsets, including both projections and recess- es, and changes in floor level shall be used in order to add architectural inter- est and variety,and to relieve the visu- al effect of a single,long wall. Similar- ly,roof line offsets shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. (10)Blank, windowless walls should be avoided on the fronts of buildings. Where the construction of a blank wall is necessary, the wall should be articulated by at least one of the following methods: changes in J plane.buildino material or color. ,�"/l Ord ORDINANCE NO. 94-3627 AN ORDINANCE VACATING A PORTION OF THE LINN STREET RIGHT-OF-WAY LOCATED WEST OF GILBERT STREET AND NORTH OF BENTON STREET. WHEREAS, the City no longer requires certain street right-of-way in some areas of the City; and WHEREAS, a portion of the Linn Street right- of-way located west of Gilbert Street and north of Benton is no longer needed for public access to properties in the area; and WHEREAS,the City is retaining enough right- of-way to accommodate an eight foot sidewalk along Gilbert Street; and WHEREAS, the City will retain a utility easement over the property. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to 1) retention of a utility easement over the parcel in a location to be determined by the Public Works Department; 2) approval of a development plan by the Director of Planning and Community Development prior to the sale of the vacated property; 3) establishment of a conservation easement on the adjacent property parallel to and to the top of the bank of Ralston Creek; and 4) dedication of the property shown on Exhibit A and legally described on Exhibit 8, which are attached hereto and by reference made a part of this ordinance, to the City of Iowa City, the City of Iowa City hereby vacates the portion of the Linn Street right-of-way legally described as follows: Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 & 2, Page 301, Johnson County Recorder's Office; thence N 89°53'17" E, 35.00 feet; thence N 00°16'55" W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence N 00°16'55" W - 147.36 feet parallel to the east line of said Blcck 28; thence N 89°51'13" E, 41.43 feet along the easterly extension of the north line of lot 3 of said Block 28 to a point that lies 45.00 feet westerly from the centerline of Gilbert Street; thence S 2f Ordinance No. 94-3597 Page 2 15°25'50" W, 152.98 feet along said line lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning. Said tract contains 3,052 square feet or 0.070 acres more or less. 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 June, 1994. AYOR ATTEST: .tcQ� f�✓ CITY CLERK Approved by/ City Attorney's Office /� CJ S- q— 9`/ p°dadminVInnrow.ord a-r Ordinance No. 94-3627 Page 3 It was moved by Throgmorton and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby X Lehman Novick —x— Pigott x Throgmorton First Consideration 5/24/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None ABSENT: None Second Consideration 6/7/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby NAYS: None ABSENT: Lehman Date published 6/77/94 22f LANDMARK SURVEYING 31935400503193541904 P.01 LOT 2 1 Vacated Unn Stree4/1 t n , ^y s (B0' Right—of—way) — --3• ' `I 36.00' r 15.00' I 7p•e% .r` 38.00' — it— 89.51yE I �toy 41.43' LOT 3 " 00 `� I n o $ / I � m1 l ~ $ N 9 I z z I in 23 .4... / gin a w m V ' 0 o I wmCO_ _ . I Y N I -r... L o F /I 18 07 CO Z 11131 I i es IIIo I I 01 $ LOT 4• I I I I BLOCK 29 f POO m SEAL ADD —• lr'— -- - — 8.00' )1\4_ L SE Car Block 28 Concrete aCW k Al - t.a — — PARLELTO 13E irt DED CA'rED TO I hereby s ° Ben ton Street cITY TO MAINTAIN loin u a 6 &` UNI FdRM R.O.W. with CUM b t Thomas I Subscribe Notary 'i • Exhibit A LANDMARK SURVEYING 31935400503193541904 P. 01 Parcel to be dedicated to City to maintain uniform right-of-way on Gilbert Street A portion of the vacated Linn Street right-of-way described as follows: Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 and 2, Page 301, Johnson County Recorder's Office; thence S 89°49'09' E, 31.41 feet to the Point of Beginning; thence S 89'49109' E, 3.59 feel; thence N 0000100" W, 12.76 feet parallel to the east line of said Block 28; thence S 15°43'12" W, 13.24 feet along a line lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning. Said tract contains 23 square feet more or less. • Exhibit B ' rein .' ^' • 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. 94-3627 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of June , 19 94 ,all as the same appears of record in my office annd-p4ublished in the Iowa City Press-Citizen on the 22nd day of June 19 v Dated at Iowa City, Iowa, this 7th day of July , 19 94 . )2,(00,4 witO4 Susan Walsh Deputy City Clerk lwdsh.ct. • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356.5000 IOWA CITY IOWA 52260.1626 FAX(319) 356-5009 O1411 71/—„ 6)€7 q SECTION I. VACATION. Subject to 11 retention of a utility easement over the parcel in a location to be determined by the Public Printer's fee $ Works Department: 21 approval of a development plan by the Director of Planning andCommunity Development prior to the sale CERTIFICATE OF PUBLICATION off the vacated property; 31 establishmento of a STATE OF IOWA, Johnson County, ss: conservation easement on the adjacent. property parallel to and to the top of the bank THE IOWA CITY PRESS-CITIZEN of Ralston Creek; and 41 dedication of the property shown on Exhibit A and legally FED. ID# 42-0330670 described on Exhibit B, which are attached hereto and by reference made a part of this ordinance,to the City of Iowa City,the City of Iowa City hereby vacates the portion of the Margaret Rios, being duly sworn, Linn Street right-of-way legally described as say that I am the legal clerk of follows: Commencing at the southeast corner of the IOWA CITY PRESS-CITIZEN, Lot 4,Block 28 of County Seat Addition as recorda newspaper published in said Johnsonen Deed Book 1 s f Page; 301, County Recorder's Office; thence county, and that a notice, a N 89°53'17” E, 35.00 feet; thence N 00°16'55" W, 12.70 feet parallel to the printed copy of which is hereto east line of said Block 28 to the Point of Begattached, was published in said 147.36 thence N 00°16'55" W - 147.36 feet parallel to the east line of said a er / time(s), on the Blcck 28; thence N 89°51'13" E, 41.43 P Pfeet along the easterly extension of the following date(s): north line of lot 3 of said Block 28 to a point that lies 45.00 feet westerly from the - )iie . o� 2, / y�� centerline of Gilbert Street; thence S eY 15°25'50" W, 152.98 feet along said line lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning. Said tract contains 3,052 square feet or 0.070 acres more or less. , SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the Legal Clerk provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, Subscribed and sworn to before me provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such l T1 adjudication shall not affect the validity of the this / day of , A.L• Ordinance as a whole or any section,provision or part thereof not adjudged invalid or 19 q y unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,approval and publication,as provided by law. Nota •ublic Passed and approved this 14th day of June, 1994. .k`s`s SHARON STUBBS •X2. Z-/c--9'? __. - • MAYOR ATTEST: � CITY CL K OFFICIAL PUBLICATION ORDINANCE NO. 94-3627 AN ORDINANCE VACATING A PORTION OF THE LINN STREET RIGHT-OF-WAY LOCATED WEST OF GILBERT STREET AND NORTH OF BENTON STREET. WHEREAS, the City no longer requires certain street right-of-way in some areas of the City; and WHEREAS,a portion.•f the Linn Street right- of-way located west of Gilbert Street and north of Benton is no longer needed for public access to properties in the area;and WHEREAS,the City is retaining enough right- of-way to accommodate an eight foot sidewalk along Gilbert Street; and WHEREAS, the City will retain a utility easement over the property. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT: X 4/ Dw. LOT 2 .94/-36c2 7 Vocatad Unn Street A cid- OW Right-cif-way) /� r3&oo.._ — ._ _ _ - - -+ fes' 45.00' �. r0�Riot-.4 I,- 38.00 - 89'51'1TE ( .-Ito, 41.43' _ . LOT 3 mz 0 Ih t 6 I I f z z0. / z N L m QJ � 0 5V 645, m-1,r - - N . -- — I/// I -c-, Oo 0 17 K b ao 2 ml , I ( o I I �' 4•iii z I LOT4 L SE Car Block 28 Concrete a'k - a — — _ PARCEL To Be. s Benton Street DEDtCA'rED TO G11-Y TO MAINTAIN 3 g UN l FLRlvA R.O.W. 1-iIii7 i: Exhibit A A . Parcel to be dedicated to City to maintain uniform right-of-way on Gilbert Street A portion of the vacated Linn Street right-of-way described as follows: Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 and 2, Page 301, Johnson County Recorder's Office; thence S 89°49'09' E, 31.41 feet to the Point of Beginning; thence S 89°49'091 E, 3.59 feet; thence N 0°00'00"W, 12.76 feet parallel to the east line of said Block 28; thence S 15`43'12" W, 13.24 feet along a line lying 45.00 feet from the centerline of Gilbert Street to the Point of Beginning. Said tract contains 23 square feet more or less. Exhibit B 11522 June22;1994 &y Ora. ORDINANCE NO. 94-3628 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR PROPERTY GENERALLY LOCATED ON BOTH SIDES OF CHURCH STREET BETWEEN DUBUQUE STREET AND DODGE STREET FROM RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL, TO RNC-12, NEIGHBORHOOD RESIDENTIAL CONSERVATION ZONE. WHEREAS, the area is currently zoned RM- 12, Low Density Multi-Family Residential; and WHEREAS, a property owner in the area requested that the City rezone the property to stabilize the existing character of this portion of Church Street; and WHEREAS, 71% of the properties in the proposed area are developed with single-family homes or duplexes; and WHEREAS, the majority of the multi-family buildings in the area are structures originally constructed as single-family homes; and WHEREAS, the predominant visual character of the area is one of a single-family residential neighborhood rather than a multi-family neighborhood; and WHEREAS, the Comprehensive Plan notes that previous downzoning efforts in this area were intended to reduce the incentive to replace older dwellings with new multi-family structures; and WHEREAS, the inner-city area study and the preservation plan elements of the Comprehensive Plan contain the goal of preserving and protecting the existing housing stock of the North Side neighborhood; and WHEREAS, the Planning and Zoning Commission recommended rezoning the subject area to RNC-12 to further the goal of stabilizing the character of the neighborhood without creating additional nonconforming uses. NOW,THEREFORE, BE IT ORDAINED BY 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 Residential Conservation: An area containing the south half of Block 31, except for Lot 8; the south half of Blocks 34, 51 and 54; the south half of Block 72, except for Lot 5; the north half of Blocks 35, 50 and 55; and the north half of Block 71, except for Lot 4; all of the Original Town, Iowa City, Iowa. Ordinance No. 94-3628 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 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 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 21st day of June, 1994. atiQ //hYN%r<Pr MAYOR Pro t / ATTEST:_72JQ �0 CIT CL RK Approved by L- Q.t.O to (230- City Attorney's Office // S r y -9cJ ppdadnin\churchsnmd 25 Ordinance No. 94-3628 Page 3 • It was moved by IL„hhy and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz x Kubby X Lehman X Novick x Pigott Throgmorton First Consideration 6/7/94 • Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick NAYS: None ABSENT: Lehman Second Consideration 6/14/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton,Baker. NAYS: None. ABSENT: None. Date published 6/29/94 2� • A �IA 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. 94-3628 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of June , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of June 19 94 - Dated at Iowa City, Iowa, this 11th day of August , 19 94 Susan Walsh Deputy City Clerk lwth.crt CIVIC CENTER • 410 E. WASHINGTON ST. . PHONE (319) 356-5000 IOWA CITY IOWA 53240.1126AA/ FAX(319) 356-5009 6r K ORO. 94 - 3G OFFICIAL PUBLICATION ORDINANCE NO. 94-3628 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS FOR PROPERTY GENERALLY 77 7 LOCATED ON BOTH SIDES OF CHURCH Printer's fee $ vt JJ STREET BETWEEN DUBUQUE STREET AND DODGE STREET FROM RM-12,LOW DENSITY MULTI-FAMILY RESIDENTIAL, TO RNC-12, CERTIFICATE OF PUBLICATION NEIGHBOOHOZOND. RESIDENTIAL STATE OF IOWA, Johnson County, ss: WHEREAS, the area is currently zoned RM- THE IOWA CITY PRESS-CITIZEN 12,Low Density Multi-Family Residential; and FED. ID # 42-0330670WHEREAS. a property owner in the area •• requested that the City rezone the property to stabilize the existing character of this portion of Church Street:and Margaret Rios, being duly sworn WHEREAS,area are developed of the wprith s in the , proposed with single-family say that I am the legal clerk of homes or duplexes;and WHEREAS, the majority of the multi-family the IOWA CITY PRESS-CITIZEN, buildings in the area are structures originally a newspaperpublished in said constructed single-family homes;and WHEREAS.,the predominant visual character county, and that a notice, a of the area is one of a single-family residential neighborhood rather than a multi-family printed copy of which is hereto neighborhood;and attached, was published in said WHEREAS, the zoning effortsve Plantnotes that previous downzoning efforts in this area paper / time(s), on the were intended to reduce the incentive to replace older dwellings with new multi-family following date(s): structures:and WHEREAS,the inner-city area study and the 62(2e-to-La. q � �,-i preservation plan elements of the (, / �y Comprehensive Plan contain the goal of preserving and protecting the existing housing stock of the North Side neighborhood;and WHEREAS, the Planning and Zoning Commission recommended rezoning the subject area to RNC-12 to further the goal of stabilizing the character of the neighborhood without creating additional nonconforming uses. Legal Clerk NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA,THAT: SECTION I. APPROVAL. The property Subscribed and sworn to before me described below is hereby reclassified from its present classification of RM-12, Low Density chi day of , A.D. Neigh Multi-Family Residential,Co tov RNC-12, Neighborhood Residential Conservation: 1 n�'(� An area containing the south half of Block �y�,y[. 31, except for Lot 8; the south half of Blocks 34, 51 and 54; the south half of // Block 72, except for Lot 5:the north half of Blocks 35,50 and 55;and the north half . a ��� of Block 71, except for Lot 4; all of the Notary Public Original Town, Iowa City, Iowa+ SECTION II. ZONING MAP. The Building 2.6 r. STU98S Inspector is hereby authorized and directed to n^ L` h, change the zoning map of the City of Iowa •r g y• 2—�S -'9 / 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 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 21st day of June, 1994. MAYO Pro fele ATTEST: CITY CL 'K 10400 June 29,1994 LQ 114 ORDINANCE NO. 94-3629 By_ AN ORDINANCE REPEALING THE VACATION OF A PORTION OF THE EASTERLY TEN FEET OF MAIDEN LANE LOCATED SOUTH OF COURT STREET AND NORTH OF HARRISON STREET WHEREAS, on December 3, 1875, the City Council adopted Ordinance No. 310 vacating the easterly ten feet of the Maiden Lane right- of-way between Court Street and Harrison Street; and WHEREAS, the City of Iowa City has not conveyed its interest in the vacated right-of- way; and WHEREAS, public improvements are now proposed in this area. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: SECTION 1. VACATION. The City of Iowa City, Iowa, hereby repeals Ordinance No. 310 dated December 3, 1875, which vacated 10 feet of the east side of Maiden Lane from Court Street to Ralston Creek, illustrated on the plat attached hereto as Exhibit "A" and legally described as follows: Commencing at the Southeast corner of Block 19, County Seat Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Deed Book 1 & 2, at Page 253 records of the Johnson County Recorder's Office, thence N 89°43'05" E, 56.68 feet to a point on the West line of the East 10 feet of Maiden Lane right-of-way vacated by City of Iowa City Ordinance No. 310 dated December 3rd 1875, said point being the point of beginning; thence N 00°03'02" E, along said West line 320.14 feet to a point on the Southerly right-of-way line of Court Street; thence N 89°21'46" E, along said Southerly line 4.35 feet to a point on the West face of the existing building; thence S 00°10'38" W, along said West face 77.92 feet; thence S 89°50'27" E, 5.83 feet to a point on the West line of Block 2, Berryhill and Pierce Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Deed Book 12, at Page 188, Records of the Johnson County Recorder's Office; thence S 00°03'02" W, along said West line 49.95 feet, to its intersection with the West face of the existing building;thence S 00°37'26" W,along said West face 79.93 feet; thence 589°56'58" E, 0.80 feet to a point on the west line of said Block 2, Berryhill and Pierce Addition; thence S 00°03'02" W, along said West line 193.53 Ordinance No. 94_1629 Page 2 feet; thence N 89°01'43" W, 10.00 feet; thence N 00°03'02" W, 81.09 feet to the point of beginning. Said tract of land contains • 3,533 square feet, more or less and in 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 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 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 21st day of June, 994. /gid MAYO P / 1Gar+4) CITY CLE K ATTES Approved by //.,�] 23CT `•1)7)(1.A.A kR, 6 , 1 City Attorney's Office C) 6-6 -'5/ pp dadmi n\vac9403.ord Ordinance No. 94-3629 Page 3 It was moved by Kubbv and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick x Pigott x Throgmorton First Consideration 6/7/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby NAYS: None ABSENT: Lehman Second Consideration 6/14/94 Voteforpassage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 6/79/94 1 Exhibit "A" r - - — — - - COURT STREET N 6971'46'E 4.35' I S 6921'46'E S B92I'4616\ r10 6/6'PIN 178.80' 46.92' / 3 STORY BRICK BUILDING I I I 89STO'27'E I 5.63 wI 1 STORYMOOD FRAME /No 1/2'PIPE I CONCRETE BLOCK IsIn BUILDING I 8 - IN I ry \�� / � a �1 � 4 17 ti� mi8 N LLI 8 n vP��� \\ c I a a s W o z dF I CO (� \ � '�� ry 8 B9'sfi'S8'E N 1.84 V, V� �1 (f(/�,D`J 0.00 /!! 491,::::(i; may �� ,-{��\� N N�y ti h V' I 8 1 �KKLL�I11yL��� _m Zz 0.ZAAQ U� IZ \QP ��� < N � � p KN I K I I POINT OF91 P C4- g 1 BEGINNING Z Di S.E. COR. BLOCK 19 COUNTY 5/ O ADD. ONN < END S/B' IRON PIN 2 :5.,,r � DID I'PPE Qp Li I 1 S 899143' E N WOOS'E 3 N 89'4305' E 183.20' 56.68' ( g 61.74' P � E — .8I 8 HARRISON STREET EAST 10' MAIDEN UNE VACATED - - - BY CITY OF IOWA CITY ORDINANCE NO. 310 DATED DECEMBER 3RD 1875 P S ..— I y �_ Vic IRON PIN LS 7036 CAP L.'IRON PIN lB.RIM CAP N 69111'43'W 10.00' COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 19, COUNTY SEAT ADDITION. IOWA CITY. IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN DEED BOOK I k 2, AT PAGE 253 RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, THENCE N 89'43'05' E. 56.68 FEET TO A POINT ON THE WEST UNE OF THE EAST 10 FEET OF MAIDEN LANE RIGHT—OF—WAY VACATED BY CITY OF IOWA CITY ORDINANCE NO. 310 DATED DECEMBER 3RD 1875, SAID POINT BEING THE POINT OF BEGINNING: THENCE N 00'03'02' E. ALONG SAID WEST LINE 320.14 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF COURT STREET; THENCE N 89'21'46' E. ALONG SAID SOUTHERFACE 77.Y.92LINE FEET:35 FEET THENCETO A POINT S 89'50'27- E E.N THE FEETATO AT FACE F POINT ONEXISTING THE WEST LINE OF BLOCK 12.3BERRSAID YHILL AND PIERCE ADDITION, IOWA CITY, IOWA. IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN DEED BOOK 12. AT PAGE 188. RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S 00'03'02' W. ALONG SAID WEST LINE 49.95 FEET, TO ITS INTERSECTION WITH THE WEST FACE OF THE EXISTING BUILDING: THENCE S 00'37'26' W.ALONG SAID WEST FACE 79.93 FEET: THENCE S 89'56'58' E. 0.80 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 2, BERRYHILL AND PIERCE ADDITION; THENCE S 00'03'02' W. ALONG SAID WEST LINE 193.53 FEET; THENCE N 89'0143' W. 10,00 FEET: THENCE N 00'03'02' W. 81.09 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.533 SQUARE FEET. MORE OR LESS AND IN SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. g 9 ' V Sheet TIBe: ^r y o% - o MAIDEN LANE R.O.W. VACATED MMS CONSULTANTS, INC u i 'TI 'w m5 Iowa Cit Iowa • z— II m. I��.yi Y• (319) 351-8282 0 3 o =w Project Elle: YJ IYV, . O o m 117 Designed Drawn byChecked by 'R TOTAL I0 9 .. > by S 8533. a.a 'D IOWA CITY, IOWA CMS dam CMS 0.08 acres fi _ 4.-'41111M11;77:14 rry1 4-AL:;-411110ar1R+Th 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. 94-3629 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of June , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 29th day of June 19 94 . Dated at Iowa City, Iowa, this 11th day of August , 19 94 K W Susan Walsh Deputy City Clerk Iwm.h.cn CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 f cz2G NOW,THEREFORE,BE IT ORDAINED BY THE - T-1 -36a9 CITY COUNCIL OF IOWA CITY,IOWA THAT: ///,�� SECTION 1. VACATION. The City of Iowa !/ City, Iowa, hereby repeals Ordinance No. 310 /`�91T` dated December 3, 1875, which vacated 10 feet of the east side of Maiden Lane from Court Street to Ralston Creek, illustrated on the plat attached hereto as Exhibit "A" and legally described as follows: Commencing at the Southeast corner of Block CC .19, County Seat Addition, Iowa City, Iowa,in Printer's fee $ `� L� accordance with the plat thereof recorded in Deed Book 1 & 2,at Page 253 records of the Johnson County Recorder's Office, thence N CERTIFICATE OF PUBLICATION 89°43'05" E, 56.68 feet to a point on the West line of the East 10 feet of Maiden Lane STATE OF IOWA, Johnson County, ss: right-of-way vacated by City of Iowa City THE IOWA CITY PRESS-CITIZEN Ordinance No.310 dated December 3rd 1875, said pdint being the poirtt of beginning;thence FED. ID # 42-0330670 N 00°03'02" E, along said West line 320.14 feet to a point on the Southerly right-of-way line of Court Street; thence N 89°21'46" E, If along said Southerly line 4.35 feet to a point Margaret Rios, being duly sworn, on the West face of the existing building; thence S 00°10'38" W, along said West face say that I am the legal clerk of 77.92 feet; thence S 89°50'27" E. 5.83 feet the IOWA CITY PRESS-CITIZEN, to a point on the West line of Block 2,Berryhill and Pierce Addition, Iowa City, Iowa, in a newspaper published in said accordance with the plat thereof recorded in Deed Book 12, at Page 188, Records of the county, and that a notice, a Johnson County Recorder's Office; thence S printed copy of which is hereto 00°03'02"W,along said West line 49.95 feet, to its intersection with the West face of the attached, was published in said existing building;thence S 00°37'26"W,along said West face 79.93 feet;thence S89°56'58' _ paper / time(s), on the E,0.80 feet to a point on the west line of said following date(s): Block 2,Berryhill and Pierce Addition;thence S date(s): 00°03'02" W, along said West line 193.53 % I7 p �T?7�•!� feet; thence N 89°01'43" W, 10.00 feet;ref /, / 7 thence N 00°03'02" W, 81.09 feet to the point of beginning. Said tract of land contains 3,533 square feet, more or less and in subject to easements and restrictions of record. OFFICIAL PUBLICATION SECTION II. REPEALER. All ordinances and Legal Clerk parts of ordinances in conflict with the provi- OFFICIAL PUBLICATION Subscribed and sworn to before me sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, thisU ' day of ' , A.D. provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the 1 Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconsti- tutional. /y�//� SECTION IV. EFFECTIVE DATE. This Ordi- -PA—j+`-A A:1—V nance shall be in effect after its final passage, Notary Public approval and publication, as provided by law. Passed and approved this 71st day of June, 1994. SHARON STUBBS • 4 MAYOR tett.' o T / ATTEST: — CITY CL RK OFFICIAL PULtLICATION ORDINANCE NO. 94-3629 AN ORDINANCE REPEALING THE VACATION OF A PORTION OF THE EASTERLY TEN FEET OF MAIDEN LANE LOCATED SOUTH OF COURT STREET AND NORTH OF HARRISON STREET WHEREAS, on December 3, 1875, the City Council adopted Ordinance No. 310 vacating the easterly ten feet of the Maiden Lane right- of-way between Court Street and Harrison Street;and WHEREAS, the City of Iowa City has not conveyed its interest in the vacated right-of- way;and WHEREAS. public improvements are now proposed in this area. 0p-J. qq -36aci a qJ, Exhibit "A" i.-I COURT STREET .u,.,.E 1 IS M ,1.110"S 6E51'O'E , r'4-S I ,1.110" M9S' I 3 Mr,6Rxx I I YwI ,STOR.000 TwANE I r.rn'."' • wCRETC KC. I o▪e I 8 WW I \�It1 �.l�v�(}�vC"!v � SO��s6•E2 I>,1 ��\y\�(;].f�'�''�' � y N N L11�Q]]Z Z tih�� ��\ I .8 d a m 3 7 , Z Qo ' P' � I a Nrls ',„b pp` W c+ I POINT CE - Ly S.E.CO..BLOC.,9 I BEPNN G -Z 'COUR,SEAT ADO.FND 5/6 IRON NN \)\ ~Q Q ~~ 1R. N ViE�' � S 6901'3'[ e9'VOS E N e9'FTOs'[ uta" xa es ��p t 8 HARRISON S 1 fIEET Es*IV m.rDEN L3 c VACATED I BE On OF CwAEY ORDNANCE NO.310 DATED DECEMBER 3R0'en 8 KI S .*r.. Le Rau w ,n•.RRr.N 'F TDM w . "Q9 T.u•w CORAMENPNO or ME SCVMEAST CORNER OC BLOC.TO,COMITY SEAT AOOIfON,IOWA PET.IOWA,IN ACCORDANCE SsTH ME PUT EREOE RECORDED OF DECO 604 I R 2. ADE 253 RECORDS or THE JOHNSON COUNTY RECORDER'S OFETCE, CENCE N 69'.3'OS' E.SOAR COAT TD A vdpii ON TNC nes,-UNE 0[THE EAST IO FEET or woo.w+E RTGIT-Or-WA.vAVT[D BY OTC Or;OSA CIT ORINNANCE NO.310 DATED DECEMBER 3RD 1575.50/0 POINT BEING THE POW/OF 6EdSNING: THENCC N 00'03'02-E.ALCN0 SATO REST LINE 320.,0 FEET TO A TH ME SOOCRLT MONT-OE-NAT LIN[ R OF COURT STREET: THENCE N TOOT'N6"E FLOWN SAID SOOMERLT L. 0.35 CENT r0 0 0PNT ON ME WEST FACE OF ME ExISRNO BU,LDINO: THENCE S 0050'36"W ALONG SAID*'EST PACE 72.02 FEET: THENCE S 69'50'22'E.5.63 FEET TO A POINT d+ ME'mess IN EST LE Or BLOCK 2.BERRTH;LL AND FIERCE ADAPTO,IOWA co,, TI IOWA.IN ACCORDANCE w THEREOF RECORDED IN DECO BOON I2.ATRACE I50.RECORDS OF TOE COINRECORDER'S OPCS; THENCE S 000'O 32T .8.ALON0 SAID JEST UNE 09.95 FEET.TO,T5 IATERSECTTON FP THE *EST FACE OF THC ExrS**G BUILONC: THENCE S 00'32'26"wuG SAID*EST FACE 20.93 TEST: THENCE S 60.5556-C 0.60 POINT ON ME NEST LINE Or SATO[100[2.BCRR*..A*0 RIERCE noomoN: THENCE 3no * sons nes, ow 3 '0 .53 RFT: n-NCC N 69'0, 3'w,,O.DO FEET; THENCE N 0003'02'S � nosy O9 FEET TO THC or neonenNO. SAID moor or UNO conrons 3.533 SOUons FEET.MORE OR LESs ANO IN SUBJECT TO EASEMCN TS ANO REsfmcnDNs Cr RECORD. T e0 V SA_I D6. ^ v ' o 5 MAIDEN LANE RO.W. VACATED M MMS CoNsul.rurts, INc. , O/-N� u$y.. RNRFI TON IO.R Cny,;R*R 0191 SSI-026[ row ,a DRwr.a Rs: o-R.�.x d,*a.a E FI''''''' N w .� IOWA CITY, IOWA w.11141.n CUS a0m cuss o.R�«... 11885 June 29,1994 ORDINANCE NO. 94-3630 AN ORDINANCE ADOPTING THE CITY CODE OF IOWA CITY, IOWA. Pursuant to Iowa City City Council action on April 26, 1994, the City Clerk was ordered to • publish notice that a hearing would be held in the City Council Chambers of the Civic Center, at 7:30 p.m. on the 10th day of May, 1994, on the proposal to adopt a Code of Ordinances, and • WHEREAS, a notice was published in the Iowa City Press-Citizen on May 2, 1994, as required by Section 362.3 of the Code of Iowa. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the City, shall be'accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as "The City Code". SECTION II. It is hereby adopted, as a meth- od of perpetual codification, the loose-leaf type of binding together with the continuous supple- ment service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, three (3) copies of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. SECTION III. It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. SECTION IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Er? Ordinance No. 94i-3630 Page 2 SECTION V. This ordinance and the Code adopted by the same shall be in full force and effect from and after its passage and approval in accordance with law, after September 1, 1994, as printed and published in book form. Passed and approved this 5th day of July, 1994. AYOR�&) /la ^//� ATTEST: ie add 7-Y• 9C CITY ERK Approved lay ii="i"`GL � Attorney's Office 3. 'y clerk\codeard.ord • • • 27 Ordinance No. 94-3630 Page 3 It was moved by Pja,,F t and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott Throgmorton First Consideration 6/7/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby NAYS: None ABSENT: Lehman Second Consideration 6/14/94 Vote for passage: AYES• Kubby Lehman Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: none. AES1NI: none. Date published 7/13/94 • 29 • • 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. 94-3630 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of July , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of July 19 94 . Dated at Iowa City, Iowa, this 11th day of August , 19 94 }LoAA jet Wald) Susan Walsh Deputy City Clerk \welsh.ert • CIVIC CENTER • 410 E. WASHINGTON ST. � PHONE (319) 356.5000 IOWA CITY IOWA 52240-1836 %) FAX(319) 336-5009 a7 0 K 9L -•.5(-0•-5( OFFICIAL PUBLICATION ORDINANCE NO. 94-3630 AN ORDINANCE ADOPTING THE CITY CODE OF IOWA CITY.IOWA. r� r Pursuant to Iowa City City Council action on / Printer's fee $ / . 2 _ April 26. 1994,the City Clerk was ordered to publish notice that a hearing would be-held in CERTIFICATE OF PUBLICATION the City Council Chambers the Civic Center, at 7:30 p.m.on thh10tday 10th dayy of May, 1994,on STATE OF IOWA, Johnson County, ss: and proposal to adopt a Code of Ordinances, THE IOWA CITY PRESS-CITIZEN WHEREAS, a notice was published in the Iowa City Press-Citizen on May 2, 1994, as FED. ID # 42-0330670 required by Section 362.3 of the Code of Iowa. NOW.THEREFORE,BE IT ORDAINED BY THE I CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Margaret Rios, being duly sworn, SECTION I. From and after the date of saypasthe that I am the legal clerk of City of of Iowa City,s Ordinance,ow . the City Code of Sterling g City of Iowa, prepared by Sterling the IOWA CITY PRESS-CITIZEN, Codifiers, Inc., containing compilation of all a newspaper published in said ordinances of a general nature together with the changes made to said ordinances, under countcountand that a notice, a the direction of the governing body of the City, y, shall be accepted in all courts without question printed copy of which is hereto as the Official Code and Law of the City as enacted by the City Council,and shall hereafter attached, was published in said be referred to as"The City Code". paper time(s), on the SECTION II. It is hereby adopted,as a meth- od of perpetual codification,the loose-leaf type following date(s): of binding together with the continuous supple, """��� ment service, provided by Sterling Codifiers, fy /I Inc.,whereby each newly adopted ordinance of �{' /3y / a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, three 13)copies of which shall be maintained in the office of the City Clerk, certified as to correctness and LegalClerk available for inspection at any and all times that gsaid office is regularly open. SECTION III. It shall be unlawful for any Subscribed and sworn to before me person, firm or corporation to change or amend, by additions or deletions, any part or A.D. portion of the City Code,or to insert or delete thi day of ► , Dpages or portions thereof,or to alter or tamper with the City Code in any manner to cause the 19 ` law of the City to be misrepresented. i7 SECTION,JV. All ordinances or parts of Iordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Ay��� SECTION V. This ordinance and the Code Notary Public adopted by the same shall be in full force and effect from and after its passage and approval in accordance with law, after September 1, % SHARON STUBBS 1994, as printed and published in book form. Z- 7 r'assed and approved this 5th day of July ce ( 1994. : L4 )/f. f . MAYOR yyyy���,"""" ATTEST: 444' p ,,4J CITY C RK 14 July 13,1994 (:)rd. Pic ORDINANCE NO. 94-3631 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 18.6 ACRES OF LAND LOCATED NORTH OF ROHRET ROAD AND EAST OF SLOTHOWER ROAD FROM THE COUNTY DESIGNATION OF RS, SUBURBAN RESIDENTIAL, TO ID-RS, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL. WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owners of said property, Dean Oakes Construction Co. and Hodge Development Co., have petitioned the City of Iowa City for voluntary annexation and the City is proceeding with same; and WHEREAS, the subject property is in an area which currently does not have infrastructure • necessary for residential development; and WHEREAS, the Interim Development Zone is intended for areas of the City which do not have adequate infrastructure to support immediate development; and WHEREAS, according to the City's annexation policy, the owners are expected to pay the costs for infrastructure improvements, including oversize costs, at such time as city utilities are available in this area and the property is rezoned from ID, Interim Development. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, , IOWA, THAT: SECTION I. APPROVAL. Subject to completion of the annexation of the property described below into the City of Iowa City as set forth in Iowa Code § 368.7 (1993), the property is hereby reclassified from its present classification of County RS, Suburban Residential to ID-RS, Interim Development Single-Family Residential: Commencing at the Northeast Corner of Scction 24, Township 79 North, Range 7 West of the 5th Principal Meridian;Thence S89°48'43"W, on the North line of said Section 24, a distance of 952.34 feet to the Centerline of a County Road, also being the Point of Beginning; Thence S66°54'25"W,' 51.72 feet on said Centerline; Thence S66°36'52"W, 52.57 feet on said Centerline; Thence S60°03'01"W, 88.13 feet on said Centerline;ThenceS59°32'48"W,172.96 feet on said Centerline; Thence S59°20'00"W, 926.42 feet on said Zcs Ordinance No. 94-3631 Page 2 Centerline;Thence S59°20'47"W,653.90 - feet on said Centerline to the West line of the Northeast Quarter of said Section 24; Thence N00°42'23"W, 973.23 feet on the West line of the Northeast Quarter of said Section 24 to the North Quarter Corner of said Section 24; Thence N89°48'43"E, 1692.69 feet on the North line of said Section 24 to the Point of Beginning. Said tract of land containing 18.60 acres. SECTION II. ZONING MAP. The Building Inspectzr 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 and receipt of an acknowledgement from the Secretary of State that the Secretary of State has received the documentation regarding the annexation required by Iowa Code § 368.7 (1993). 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 publi;ct;on 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. Pa,sed and t•pproved this 19th day of July, 1994. cjz AYOR ATTEST: A- , "L CITY CL 'K Approved by City Attorney's Office ( e -a-9 y ppdadm\rohretrd.ord Ordinance No. 94-'6'i Page 2 It was moved by Novick and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration 6/14/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Second Consideration 7/5/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 7/97/94 2S - � iE ,l. p • T^!� 'ire 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. 94-3631 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of July , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of July 19 94 Dated at Iowa City, Iowa, this 11th day of August , 19 94 _Sa/Y1 Wald Susan Walsh Deputy City Clerk lweI,h.crt CIVIC CENTER • 410 E. WASHINGTON ST. L.¢�` PHONE (319) 356-5000 IOWA CITY IOWA 52240.1826 '`� FAX(319) 356-5009 o RD. 9'9 - 60 '/ OFFICIAL PUBLICATION SECTION II. ZONING MAP. The Building 94-3631 �� ORDINANCE NO. Inspect:r is hereby authorized and directed to Printer's fee $ 30 G charge the zoning map of the City of Iowa AN ORDINANCE AMENDING THE ZONING City,Iowa,to conform to this amendment upon ORDINANCE BY CHANGING THE USE the final passage, approval and publication of CERTIFICATE OF PUBLICATION REGULATIONS OF APPROXIMATELY 18.6 this Ordinance as provided by law and receipt STATE OF IOWA, Johnson County, ss: ACRES OF LAND LOCATED NORTH OF of an acknowledgement from the Secretary of ROHRET ROAD AND EAST OF SLOTHOWER State that the Secretary of State has received THE IOWA CITY PRESS-CITIZEN ROAD FROM THE COUNTY DESIGNATION OF the documentation regarding the annexation FED. ID# 42-0330670 RS, SUBURBAN RESIDENTIAL, TO ID-RS, required by Iowa Code § 368.7 (1993). INTERIM DEVELOPMENT SINGLE-FAMILY SECTION III• CERTIFICATION AND RESIDENTIAL. RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this WHEREAS,the subject property is presently Ordinance which shall be recorded by the Margaret Rios, being duly sworn, located outside the Iowa City corporate limits; ow•rer at the Office of the County Recorder of say that I am the legal clerk of and Johnson County,Iowa,upon final passage and the IOWA CITY WHEREAS,kesthe ownerstioofCo.said property,Hodge SECTION provided Ry. law. PRESS-CITIZEN, Dean Oakes Construction . and Hodge SECTION IV. REPEALER. All ordinances and a newspaper published in said Development Co., have petitioned the City of parts of ordinances in conflict with the Iowa City for voluntary annexation and the City provision of this Ordinance are hereby repealed. county, and that a notice, a is proceeding with same; and SECTION V. SEVERABILITY. If any section, WHEREAS,the subject property is in an area provision or part of this Ordinance shall be printed copy of which is hereto which currently does not have infrastructure adjudged to be invalid or unconstitutional,such attached, was published in said necessary for residential development;and adjudication shall not affect the validity of the WHEREAS,the Interim Development Zone is Ordinance as a whole or any section,provision paper / time(s), on the intended for areas of the City which do not or part thereof not adjudged invalid or following date(s): have adequate infrastructure to support unconstitutional. immediate development;and 3_E�TT10N VI. EFFECTIVE DATE. This �j WHEREAS, according to the City's Ordinance shall be in effect after its final A •,n 7, / (7-9/ annexation policy,the owners are expected to passage, approval and publication,as required pay the costs for infrastructure improvements, by law. including oversize costs, at such time as city Fi,•._ed and approved this 19th day of July utilities are mailable in this area and the 1994. s pro arty is rezoned from ID, Interim ("722,-2,,, —Q.t I Development. p_.�'/,(/ NOW,THEREFORE,8E IT ORDAINED BY THE •,AYGR U CITY COUNCIL OF THE CITY OF IOWA CITY, Legal Clerk IOWA,THAT: ATTEST: 2��,,� SECTION I. APPROVAL. Subject to CITY CL RK Subscribed and sworn to before me completionel the annthe City of the City y 973 July 27,1994 described below into the City of Iowa City as set forth in Iowa Code § 368.7 119931, the till day of _ , A.D. property is hereby reclassified from its present classification of County RS, Suburban 1991/ . Residential to ID-RS, Interim Development :inglo-Famil/Residential: Ccmmencing at the Nog ost Corner7 !Pfk ,Li. - -4L coon Township 79 North,Range of 1 ct of the 5th Principal Meridian;Thence :,39°48'43"W, on the North line of said Notary Public Section 24, a distance of 952.34 feet to the Centerline of a County Road, also a`,a•`+i SHARON STUBBS being the Point of Beginning; Thence : Ci`Y - , 7 S66°rune; W, 51.72 feet on said }-'�.iiir(J 2-��5� ? Centerline;Thence 856°36'52"W, 52.57 i -Tefeet on said Centerline; Thence S60'03'01''W, 88.13 feet on said Centerline;Thence S59°32'48"W,172.96 feet on said Centerline; Thence S59°20'00"W, 926.42 feet on said Centerline;Thence S59°20'47"W,653.90 feet on said Centerline to the West line of the Northeast Quarter of said Section 24; Thence N00°42'23"W, 973.23 feet on the West line of the Northeast Quarter of said Section 24 to the North Quarter Corner of said Section 24; Thence N89°48'43"E, 1692.69 feet on the North line of said Section 24 to the Point of Beginning. Said tract of land containing 18.60 acres. aE.' �\ ocK ORDINANCE NO. 94-3632 ORDINANCE ESTABLISHING A SPECIAL ELE- VATION AND GRADE FOR CERTAIN SIDE- WALKS IN IOWA CITY, IOWA. WHEREAS, Section 31-97 of the Code of Ordinances of the City of Iowa City, Iowa, provides that the height of grade of streets, avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by ordinance, and WHEREAS, the plans and specifications for the Maiden Lane Paving and Sanitary Sewer Assessment Project provide for a special grade for the sidewalks included within said Project. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The elevation and grade of all sidewalks included in the Maiden Lane Paving and Sani- tary Sewer Assessment Project are hereby established as shown in the Maiden Lane Paving and Sanitary Sewer Assessment Project plans and specifications on file in the City Clerk's office. SECTION I. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION II. 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 unconsti- tutional. SECTION III. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of Jul , 1994. AYOR ATTEST: S4-t413..) _ Aaor CITY CL"K Appr ved by � ity Attorney's Office 6/5a/fly / Ing\maidenln.ord Ordinance No. 94-3632 Page 2 It was moved by Pigntr and seconded by Novick that the Ordinance • as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz X Kubby X Lehman X Novick X Pigott X Throgmorton First Consideration 7/5/94 Voteforpassage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 7/27/94 Moved by Pigott, seconded by Novick, 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, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. W' (a e . 4Lt _ 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. 94-3632 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of July , 19 94 _, all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of July 19 94 . Dated at Iowa City, Iowa, this 11th day of August 19 94 JeA.aa-kt odcuezi6 Susan Walsh Deputy City Clerk lwal•h.crt CIVIC CENTER • 410 E. WASHINGTON ST. yy PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ��a. FAX(319) 356-5009 P 02D- 9 q- 363; Printer's fee $ 'a CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: OFFICIAL PUBLICATION THE IOWA CITY PRESS-CITIZEN ORDINANCE NO. gz,_ 7 FED. ID # 42-0330670 ORDINANCE ESTABLISHING A SPECIAL ELE- VATION AND GRADE FOR CERTAIN SIDE- WALKS IN IOWA CITY, IOWA. Margaret Rios, being duly sworn, WHEREAS, Section 31-97 of the Code of Ordinances of the City of Iowa City, Iowa, say that I am the legal clerk of provides that the height of grade of streets, the IOWA CITY PRESS-CITIZEN avenues and alleys above the datum plane referred to in Section 31-8 shall be set forth by a newspaper published in said ordinance, and county, and that a notice, a WHEREAS, thenplansaviandn SanitaryoSe for the Maiden Lane Paving and Sewer printed copy of which is hereto Assessment Project provide for a special grade for the sidewalks included within said Project. attached, was published in said NOW,THEREFORE,BE IT ORDAINED BY THE paper / times), on the IOWA T COUNCIL OF THE CITY OF IOWA CITY, following date(s): The elevation and grade of all sidewalks included in the Maiden Lane Paving and P.L.G,Ad o? / tart' Sewer Assessment Project are hereby established as shown in the Maiden Lane Paving and Sanitary Sewer Assessment Project plans and specifications on file in the City Clerk's office. SECTION I. REPEALER. All ordinances and parts of ordinances in conflict wih the provi- sions of this rdinance are hereby repealed. Legal Clerk SECTION II. SEVERABILITY. If any section, g provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Subscribed and sworn to before me Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- thi day of , A.D. tut�onal. SECTION III, EFFECTIVE DATE. This Ordi- 19 .rt' Hance shall be in effect after its final passage, approval and publication,as provided by law. Passed and approved this 19th day of July, 1994. Notary Public O R '1')-71 °"" ATTEST: /j ice,� j . °:,! SHARON STUBS$ CITY CL RK -7 9 Z—/s-- _/t — 7 922 July27,1994 De-A, ,c A c5 ORDINANCE NO. 94-3633 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING" TO CHANGE THE DEFINITIONS OF "DEVELOPMENTALLY DISABLED," "FAMILY CARE FACILITY/FAMILY HOME," AND "GROUP CARE FACILITY." WHEREAS, persons with a broader range of disabilities are eligible to reside in group home settings; and WHEREAS, the current definitions of "developmentally disabled," "family care facility/family home," and "group care facility" are restrictive in terms of age limitation and program specificity; and WHEREAS, recent court cases, sections of the Iowa Code, and federal legislation, including the Americans with Disabilities Act, require that group residences, particularly those with five or fewer residents, not be discriminated against through the use of zoning regulation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT SECTION I. AMENDMENT. Chapter 36, Article I "GENERAL," Section 36-4 entitled "Definitions" of the Code of Ordinances of the City of Iowa City, Iowa, be hereby amended by: a) repealing Section 36-4(d)(4), and adding a new Section 36-4(d)(4) to read as follows: Subsection 36-4(d)(4). Disability. With respect to an individual person, a physical or mental impairment attributable to, but not limited to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological condition; or a mental or nervous disorder which constitutes a substantial impairment expected to be long-continued and of indefinite duration. b) repealing Section 36-4(f)(3), and adding a new Section 36-4(f)(3) to read as follows: Subsection 36-4(f)(3). Family care facility/family home. A community-based residential home, such as a residential care facility, a child foster care facility, a community supervised apartment living arrangement, or other small group residential arrangement that is government licensed or approved, and So Ordinance No. 94-3633 Page 2 provides room and board, personal care, rehabilitation services, and supervision for not more than eight (8) persons with disabilities in a family environment by counselor(s) or a resident family. However, family care facility does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa. c) repealing Section 36-4(g)(6), and adding a new Section 36-4(g)(6) to read as follows: Subsection 36-4(g)(6). Group care facility. A government licensed or approved facility which provides resident services in a dwelling to more than eight (8) persons not including resident staff, but not exceeding 30 persons. These individuals are persons with one or more disabilities, are aged or undergoing rehabilitation; are in need of adult supervision; and are provided services in accordance with their individual needs. Group care facilities shall not include nursing homes. 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 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 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 2nd day of August, 1994. 4 •.e )77 wgra.s� . AYOR /l // ATTEST: 7J�.c#nJ 7� • "7j--r-r� CITY CLERK ""----_.J i • .proved by ` _ jI• a.0 � �7- .. City A orney's 0 • �_ ry 7-7y ppdadmin\disable.ord [ Ordinance No. 94-3633 Page _3_ It was moved by Pigott and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick X Pigott x Throgmorton First Consideration 7/19/94 Vote forpassage:AYEs: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 8/10/94 Moved by Pigott, seconded by Baker, 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 be waived and the ordinance be voted on for final passage at this time. AYES: Novick, Pigott, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: Throgmorton. 3D is• ^9 -14 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. 94-3633 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August , 19 94 ,all as the same appears of record in my office _ and published in the Iowa City Press-Citizen on the 10th day of August 19 94 , Dated at Iowa City, Iowa, this 20th day of September , 19 94 Lam? /re 60 Susan Walsh Deputy City Clerk lwWh.crt CIVIC CENTER • 410 E. WASHINGTON ST. er4 PHONE (319) 356-5000 IOWA CITY IOWA 62240-1826 FAX(019) 356-5009 v �7 S/ l 01W . `IL( -36,33 Printer's fee $ ,;/S 75- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,THAT CERTIFICATE OF PUBLICATION SECTION I. AMENDMENT. Chapter 36,Article STATE OF IOWA, Johnson County, ss: I "GENERAL," Section 36-4 entitled "Definitions" of the Code of Ordinances of the THE IOWA CITY PRESS-CITIZEN City of Iowa City, Iowa, be hereby amended FED. ID # 42-0330670 by: al repealing Section 36.4(d)(41, and adding a new Section 36-41d)(4) to read as follows: I Subsection 36-4(d)l4). Disability. With reMargaret Rios, being duly mental to ain individual person,able a physical or sworn, mental impairment attributable to, but not say that I am the legal clerk of limited to mental retardation, cerebral palsy, epilepsy,autism or another similar neurological the IOWA CITY PRESS-CITIZEN, condition; or a mental or nervous disorder a newspaper published in said which constitutes a substantial impairment expected to be long-continued and of indefinite county, and that a notice, a duration. printed copy of which is hereto b) repealing Section 36-4(e(d}, and addingwsa new Section 36-4(f)(3) to read as follows: attached, was published in said Subsection 36-4(f)(31. Family care facility/family home. A community-based paper / time(s), on the residential home, such as a residential care facility,a child foster care facility,a community following date(s): supervised apartment living arrangement, or other small group residentialndarrangement that �� 1 /�, /I 9 y i is government licensed or approved, and : provides room and board, personal care, • I, rehabilitation services, and supervision for not more than eight 181 persons with disabilities in ff a family environment by counselorlsl or a �f// l• resident family. However, family care facility / e-ej Q r .0}1does not mean an individual foster care family Iii home licensed under Chapter 237 of the Code Legal Clerk of Iowa. cl repealing Section 36-4(9116), and adding a new Section 36-4191161 to read as follows: Subscribed and sworn to b•fore me Subsection 36.4(g)16). Group care facility. � ,/ A government licensed or approved facility ` this A 11 day of -!' , , A.D. which provides resident services in a dwelling to more than eight (81 persons not including resident staff, but not exceeding 30 persons. 1 1,)_ ___g These individuals are persons with one or more ' I // habilieo, Yee aged or undergoinguis ; rehabilitation; are in need of adult supervision; and are provided services in accordance with _ A O. ,_ 1 _ —ad i . ._a their individual needs. Group care facilities :. bhe shall not include nursing homes. '"�"±•-"'"S� - SECTION fl. REPEALER. All'ordinances and LpartShARON STUBBS MV COMMISSION EXPIRES __.. s of ordinances in conflict with the provi- 2.15-97 sions 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 arty section,provision or part thereof not adjudged invalid or unconsti- _ OFFICIAL PUBLICATION tutional. ORDINANCE NO. 94-3633 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, AN ORDINANCE AMENDING CHAPTER 36 OF approval and publication,as provided by law. THE CODE OF ORDINANCES OF THE CITY OF Passed and approved this 2nd day of IOWA CITY, IOWA, ENTITLED "ZONING" TO August, 1994. CHANGE THE DEFINITIONS OF "DEVELOPMENTALLY DISABLED," "FAMILY a-Yt ;i,n ''.'r CARE FACILITY/FAMILY HOME."AND"GROUP MAYOR yy,.�,, . CARE FACILITY." ATTEST://' r� CITY CLERK WHEREAS,persons with a broader range of 5778 Auqusf 10,1994 disabilities are eligible to reside in group home settings: and WHEREAS, the current definitions of "developmentally .disabled," "family care facility/family home,"and-group care facility" are restrictive in terms of age limitation and program specificity; and WHEREAS, recent court cases, sections of the Iowa Code, and federal legislation, including the Americans with Disabilities Act, require that group residences,particularly those with five or fewer residents, not be discriminated against through the use of zoning regulation. R 0 Orcl 'e ORDINANCE NO. 94-9644 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 7360 SQUARE FEET OF LAND LOCATED AT 402 SOUTH LINN STREET, IOWA CITY, IOWA, FROM PRM, PLANNED HIGH DENSITY MULTI- FAMILY ZONE, TO CB-5, CENTRAL BUSINESS SUPPORT ZONE. WHEREAS, the applicant has requested a zone change from PRM, Planned High Density Multi-Family Zone to CB-5, Central Business Support Zone in order to preserve existing older structures; and WHEREAS, the subject property is located adjacent to an area currently zoned CB-5; and WHEREAS, the City of Iowa City wishes to preserve existing older structures; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning to CB-5 and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of PRM, Planned High Density Multi-Family Zone, to CB-5, Central Business Support Zone: The West 91.70 feet of Lot 1, in Block 19, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1 and Book 2, page 253, Deed Records of Johnson County, Iowa; 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 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 • 31 Ordinance No. 94-3634 Page 2 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 2nd day of •v ust, 19.24. At.4 Ai d / WStS sr. !' AYOR /J ATTEST: 22u�,J 75�iL+/ CITY CL K Cit Atto - ! Tice 7_/_9V 402slinn.ord 3 ( Ordinance No. 94-3634 Page 3 It was moved by Pigntt and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Baker Horowitz X Kubby X Lehman X Novick X Pigott x Throgmorton First Consideration 7/s/9A, Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Horowitz. NAYS: Baker ABSENT: None. Second Consideration 7/19/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: Baker. ABSENT: None. Date published 8/10/94 31 • ,t n4 N• \ Lam'• r " 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. 94-3634 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of August , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 10th day of August 19 94 Dated at Iowa City, Iowa, this 90th day of September , 19 94 • 9(LIAM Susan Walsh Deputy City Clerk %w.Ish.c,t • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-3009 _ OFFICIAL PUBLICATION ORDINANCE NO. 94-1616 AN ORDINA cg-AMENDING THE ZONING ORDINANCE ',.4EFIANGING THE USE REGULA 1XPPROXIMATELY 7360 SQUARE FEET OF LAND LOCATED AT 402 SOUTH LINNSTREE IOWA CITY, IOWA, FROM PRM.PLANNED HIGH DENSITY MULTI- FAMILY ZONE,TO CB-5,CENTRAL BUSINESS J/c-77 ) SUPPORT ZONE. Printer's fee $ // (..."-,/ __ WHEREAS, the applicant has requested a zone change from PRM, Planned High Density Multi-Family Zone to CB-5. Central Business CERTIFICATE OF PUBLICATION Support Zone in order to preserve existing older structures; and STATE OF IOWA, Johnson County, ss: WHEREAS,the subject property is located THE IOWA CITY PRESS-CITIZEN adjacent to an area currently zoned CB-5; and WHEREAS,the City of Iowa City wishes to FED. ID # 42-0330670 preserve existing older structures;and WHEREAS, the Planning and Zoning I, Commission has reviewed the proposed rezoning to CB-5 and has recommended Margaret Rios, being duly sworn, approval. NOW, THEREFORE, BE IT ORDAINED BY say that I am the legal clerk of THE CITY COUNCIL OF THE CITY OF IOWA the IOWA CITY PRESS CITIZEN, CITY, IOWA: 1SECTION I. APPROVAL. That the property described below is hereby reclassified from its a newspaper published in said t present classification of PRM, Planned High F county, and that a notice, a Density Multi-Family Zone, to C13-5, Central a printed copy of which is hereto Business Support Zone: f The West 91.70 feet of Lot 1, in r attached, was published in said Block 19, in that part of Iowa City, I Iowa. known as the County Seat of r paper / time(s), on the Johnson County, Iowa, according to following date(s): the plat thereof recorded in Book 1 and Book 2,page 253, Oeed Records /0` i 9�� ofa Johnson County,str Iowa;of record.. ( o 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 the final passage, approval and publication of r; /_....21 this Ordinance as provided by law. ar SECTION III. CERTIFICATION AND Legal Clerk RECORD1NQ. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the Subscribed and sworn to before me owner at the Office of the County Recorder of Johnson County,Iowa,upon final passage and this day of , A.D. publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the 19 ( provision of this Ordinance are hereby repealed. / SECTION V. SEVERABILITY. If any section, 1 / provision or part of this Ordinance shall be 5'4 ��ll ��11 adjudged to be invalid or unconstitutional,such fly-"UNT\s_ adjudication shall not affect the validity of the (441;,. .ii r� Pl blic Ordinance as a whole or any section,provision ri SHARON STUBS or part thereof not adjudged invalid or MY COMMISSION EXPIRES unconstitutional. ... . ..- ,bio. 2-15.97 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this2nd day of y'•ust, 19'4. AYOR • ATTEST: Adrf., - - di - dis�.a riTY r'I -K 5800 August 10,1994 3 J ORDINANCE NO. 94-3635 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF AN APPROXIMATE 422 ACRE TRACT, LOCATED SOUTH OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS FROM COUNTY RS, SUBURBAN RESIDENTIAL,AND COUNTY R3A, MULTI-FAMILY RESIDENTIAL, TO RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (62 ACRES); RM-12, LOW DENSITY MULTI-FAMILY RESIDENTIAL (10 ACRES); RM-20, MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL (15 ACRES); RFBH, FACTORY BUILT HOUSING RESIDENTIAL (84 ACRES); RR-1, RURAL RESIDENTIAL (191 ACRES) AND ID-RM, INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (59 ACRES). WHEREAS, the subject property is presently located outside the Iowa City corporate limits; and WHEREAS, the owner of said property, Sycamore Farms Company, 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, except for oversized costs for an east-west arterial; 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, the availability of a public school site, the protection of environmentally sensitive areas and responsibility for construction of infrastructure; 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 32 Ordinance No. 94-3635 Page 2 development on the southeastern 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 requested annexation of the property and subject to Iowa Code §414.5 (1993) and the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classifications of County RS, Suburban Residential and County R3A, Multi-Family Residential, to the following zoning classifications for the property thereafter described: RS-8, Medium Density Single-Family Residential: A tract of land in the west half of the Northwest Quarter of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of Section 25; thence N 88'21'05" E, 1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence S O'09'02" E, 1618.31 feet along said west line; thence S 76'51'50" W, 135.62 feet; thence S 50'55'36" W, 231.50 feet; thence S 41 '54'27" W, 388.36 feet; thence S 32'46'33" W, 698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S 88'50'25" W, 292.04 feet to the West Quarter Corner of Section 25; thence N 0'08'49" W, 2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres, more or less. RM-12, Low Density Multi-Family Residential: A tract of land in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26; 3Z Ordinance No. 94-3635 Page 3 thence N 0'10'51" W, 16.50 feet; thence N 89°21'53" E, 660.00 feet parallel to and 16.50 feet north of the north line of said Quarter Quarter; thence S 0°10'51" E, 676.52 feet; thence S 89'21'53" W, 660.00 feet to a point on the west line of said Quarter Quarter; thence N 0°10'51" W, 660.02 feet to the Point of Beginning. Said tract contains 10.250 Acres, more or less. RM-20, Medium Density Multi-Family Residential: A tract of land in the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County. Recorder's records, said point being located on the southerly right-of-way of Highway 6 and the west line of the East 25 feet of the Southwest Quarter of Section 24; thence following said right-of-way southeasterly 330.76 feet along a 5789.58 foot radius curve, concave northeasterly, with a central angle of 3°16'24" to a point that lies S 58°45'25" E, 330.72 feet from the last described point; thence following said right-of-way S 61 °02'56" E, 465.18 feet to a point on the west line of the East 660.05 feet of the west half of the Southeast Quarter of Section 24; thence S 0°08'32" W, 987.08 feet to a point on the west line of said East 660.05 feet; thence N 89°51'28" W, 343.80 feet; thence N 0°08'32" E, 461.22 feet; thence S 89°56'44" W, 343.82 feet to a point on the west line of said East 25 feet of the Southwest Quarter; thence N 0°03'16" W, 922.03 feet to the Point of Beginning. Said tract contains 15.000 Acres, more or less. 3a • Ordinance No. 94-3635 Page 4 RFBH, Factory Built Housing Residential: A tract of land in the Northwest Quarter of Section 25; the west one-half of the Northeast Quarter of Section 25, except the East 660.05 feet; the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6; and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the southeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County Recorder's records, said point is on the west line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section 24; thence N 0°03'16" W, 709.17 feet along said west line; thence N 89°56'44" E, 343.82 feet; thence S 0'08'32" W, 461.22 feet; thence S 89°51'28" E, 343.80 feet to a point on the west line of the East 660.05 feet of the west half of the Southeast Quarter of Section 24; thence S 0°08'32" W, 242.42 feet to the northwest corner of the East 660.05 feet of the west half of the Northeast Quarter of Section 25; thence S 0°08'32" W, 1545.16 feet along the west line of said East 660.05 feet; thence S 67°52'28" W, 712.44 feet; thence N 68°32'17" W, 374.14 feet; thence N 75°02'01" W, 539.39 feet; thence S 76°51'50" W, 526.28 feet to a point • on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence N 0°09'02" W, 1618.31 feet along said west line to a point on the north line of Section 25; thence N 88°21'05" E, 75.03 feet along said north section line to the southwest corner of said Bon-Aire Mobile Home Park; thence N 88°36'12" E, 1290.05 feet to the Point of Beginning. Said tract contains 84.331 Acres, more or less. RR-1, Rural Residential: A tract of land in the Southwest Quarter of the Northeast Quarter of Section 25 except the 3Z Ordinance No. 94-3635 Page 5 East 660.05 feet thereof; the South Half of the Northwest Quarter of Section 25; the North Half of the Southwest Quarter of Section 25; the Southwest Quarter of the Southwest Quarter of Section 25; and the East Half of the Southeast Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the Center of Section 25; thence S 0'08'41" W, 1339.94 feet to the southeast corner of the North Half of the • Southwest Quarter of Section 25; thence S 88°50'25" W, 1320.88 feet to the northeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 1 °09'35" E, 1320.00 feet to the southeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 88°50'23" W, 1319.12 feet to the southwest corner of Section 25; thence S 89°09'38" W, 765.80 feet along the south line of Section 26 to a point on the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence N 25'23'09" E, 1380.95 feet along said west line to the south line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence N 0*59'39" W, 584.99 feet to the north line of said property; thence N 89°00'21" E, 290.14 feet along the north line of said property to the west line of the above mentioned sanitary sewer easement; thence N 25°23'09" E, 607.16 feet along said west line; thence N 9'25'49" E, 276.74 feet along said west line; thence N 38°18'20" E, 26.90 feet along said west line to the north line of the North Half of the Southwest Quarter of Section 25; (this point is S 88°50'25" W, 2181.24 feet from the Point of Beginning and N 88°50'25" E, 432.77 feet from the West Quarter Corner of Section 25) thence S 88°50'25" W, 140.73 feet along said north line; thence N 32°46'33" E, 698.64 feet; thence N 41 °54'27" E, 388.36 feet; thence N 50°55'36" E, 231.50 feet; thence N 76°51'50" E, 661.90 feet; thence S 75'02'01" E, 539.39 feet; 32 Ordinance No. 94-3635 Page 6 thence S 68°32'17" E, 374.14 feet; thence N 67'52'28" E, 712.44 feet to a point on the west line of the East 660.05 feet of the Southwest Quarter of the Northeast Quarter of Section 25; thence S 0°08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet; thence S 88°50'25" W, 667.08 feet to the Point of Beginning. Said tract contains 191.409 Acres, more or less. and ID-RM, Interim Development Multi-Family Residential: A tract of land in the East Half of the Southeast Quarter of Section 26 and the Northwest Quarter of the Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the East Quarter Corner of Section 26; thence N 88°50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence S 38°18'20" W, 26.90 feet along said west line; thence S 9'25'49" W, 276.74 feet along said west line; thence S 25°23'09" W, 607.16 feet along said west line to the north line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence S 89*00'21" W, 290.14 feet along the north line of said property; thence S 0°59'39" E, 584.99 feet to a point on the south line of said property and the west line of the above mentioned easement; thence S 25°23'09" W, 1380.95 feet along the west line of said easement to a point on the south line of Section 26; thence S 89°09'38" W, 550.00 feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; thence N 0°10'51" W, 2004.84 feet along the west line of said East Half; thence N 89°21'53" E, 660.00 feet; 32 Ordinance No. 94-3635 Page 7 thence N 0'10'51" W, 660.02 feet to a point on the north line of said East Half; thence N 0°10'51" W, 16.50 feet; thence N 89°21'53" E, 208.79 feet parallel to the north line of said East Half to the northwest corner of the property described in Book 992, Page 820, of the Johnson County Recorder's records; thence S 0°38'16" E, 296.24 feet to the southwest corner of said property; thence N 89°21'53" E, 170.00 feet to the southeast corner of said property; thence N 0*38'16" W, 296.24 feet to the northeast corner of said property; thence N 89°21'53" E, 281.26 feet parallel to and 16.50' north of the north line of said East Half; thence S 0°08'49" E, 16.50 feet to the Point of Beginning. Said tract contains 59.589 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 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 ZONING 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. 32 Ordinance No. 94-3635 Page 8 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 2nd day of August, 1994. O571 5 � AYOR • ATTEST: !444} CITY CLERK Approved by •-40 City Attorney Office / - a�- 9y ppdadmin\syeamore.ord 3z It was moved by Kubby and seconded by Novi rk that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker g_ Horowitz x Kubby X Lehman X Novick X Pigott x Throgmorton First Consideration 2/1 s/4a Vote forpassage:AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. Second Consideration 3/1/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. Date published 8/10/94 • 32. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Sycamore Farms Company, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 422 acres of land located south of Highway 6, east of Sycamore Street and west of Sioux Avenue, legally described on Exhibit A, from the County designation of RS, Suburban Residential and R3A, Multi-Family Residential, to RS-8, Medium Density Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development Residential Multi-Family; 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, 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, except for any oversized costs for an east- west arterial street if such an arterial street is located through the development; 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, the property contains wetlands, areas of hydric soils and other environmentally sensitive features; and WHEREAS, pursuant to the Comprehensive Plan, it is the City's policy to preserve and protect environmentally sensitive areas; and WHEREAS, a contractual agreement with the Iowa Department of Natural Resources (IDNR) obligates the City to protect environmentally sensitive areas in the vicinity of the Southeast Interceptor Sewer line from potential adverse effects of development; and WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate in order to ensure appropriate urban development on the southeastern edge of Iowa City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Sycamore Farms Company is the owner and legal title holder of the property located south of Highway 6, east of Sycamore Street, and west of Sioux Avenue, legally described on Exhibit A, attached hereto and incorporated by this reference. 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, except for any oversized costs for an east-west arterial street if such an arterial street is to be located through the development. 3Z . - 2 - 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space and the availability of a public school site and that it is the City's policy and obligation to preserve and protect environmentally sensitive areas. Therefore, Owner agrees 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 the subject property from County RS and R3A, Owner agrees that development and use of the subject property will conform to the requirements of the applicable zones: RS-8, Medium Density Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development Residential Multi-Family. In addition, the development and use of the subject property will conform to the following additional conditions: a. Owner will take adequate measures to protect the area and natural features generally described as the "Snyder Creek Bottoms" from any adverse effects from development of adjacent areas. Owner shall specify the protection measures in mitigation plans as required in subsections b and c below. Owner must prepare the mitigation plans at its sole expense and the plans must receive City approval. b. Owner will initially submit a general concept plan for the entire subject property entitled 'Wetlands Mitigation Report for Sycamore Farms Development". This mitigation plan will provide a general outline of the Owner's protection measures including but not limited to storm water management. The general mitigation plan must also include a concept plan for a trail or walkway system within the "Snyder Creek Bottoms". c. With each preliminary plat, Owner will submit a specific mitigation plan for the platted area. This specific mitigation plan must contain the engineering details for the mitigation and protection measures for the platted area, including but not limited to design details, specifications, and materials. The specific details regarding the location and construction of the trail system must be included in the mitigation plan for each platted area. d. Owner shall construct the trail or walkway system when either 50% of the property in the RS-8 and RFBH zones has developed or when the ID-RM area is rezoned, whichever occurs first. e. Preservation of the "Snyder Creek Bottoms" via the establishment of a conservation easement approved by the City. f. Owner will establish a 100 foot no-build buffer zone around all jurisdictional wetlands located outside of the conservation easement, except those for which mitigation is approved, as set forth in the conservation easement. Owner will also establish a 100 foot no-build buffer zone around all jurisdictional wetlands located within the conservation easement and within 100 feet of the conservation easement boundary. g. Owner shall inventory and document the jurisdictional wetlands, other conservation values and the location of existing farming activities in the "Snyder Creek Bottoms". The City must approve said inventory and documentation. 3Z - g - h. Owner shall dedicate neighborhood open space to the City or pay fees in lieu of dedication. The amount of open space Owner must dedicate shall be based on the formula contained in the neighborhood open space plan. Owner shall grant a pedestrian access easement over the existing Southeast Interceptor Sanitary Sewer easement or in an alternative location, approved by the City, to connect the trails within the Whispering Meadows Subdivision and the City-owned property to the south of the Sycamore Farms property. j. Owner shall covenant with the City to reserve fifteen 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. 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. 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 fifteen (15) years from the date the parties execute this Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within fifteen (15) years from the date the parties execute this 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 subdivision parts which have not yet received Final Plat approval. No impact fees shall be paid for those 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 subdivision parts which may subsequently be submitted for final plat approval. If at any time during the fifteen (15) years following execution of this 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. k. Owner shall pay all costs associated with providing infrastructure for development of the subject tract, including oversized costs, except for the oversized costs for an east-west arterial street if such an arterial street is located through the development. 32 • - 4 - 5. The 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 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. Owner acknowledges that nothing in this Agreement 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 i5 day of clog , 1994. SYCAMORE FARMS COMPANY CITY OF IOWA CITY By By y a_4 �h Stephen F. Br4�ht, usan M. Horowitz, Mayor General Partner // • Attest: 7 44car�.c�9( • W�A--) Marian K. Karr, City Clerk Approved by: City Attomey'sOffice , 3z - 5 - STATE OF IOWA ss: JOHNSON COUNTY ) On this 2 day of Atattst.ts4 1994, before me, sdrcirae , a Notary Public in *id for the State of Iowa, personally appeared Susan M. Horowitz 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. 94--3635 passed by the City Council on the L `1- day of August , 19 , and that &sae M. 44-oreziatand 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. Seo root? Notary Public in and for the State of Iowa STATE OF IOWA ) • )SS JOHNSON COUNTY ) On this 15 day of RtiOV1.LCvVv1 , 1994, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen F. Bright who being by me duly sworn did say that he is a partner of Sycamore Farms Company, an Iowa General Partnership, and that the instrument was signed on behalf of said partnership by authority of its partners; and that Stephen F. Bright acknowledges the execution of the instrument to be the voluntary act and deed of Sycamore Farms Company and by said partnership to be voluntarily executed. trnC Oa/41(0 Notary Public in and for the State of Iowa ppdadminlsycamore.cza 32 EXHIBIT A SYCAMORE FARMS COMPANY ZONING RM-2O A tract of land in the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County Recorder's records, said point being located on the southerly right-of-way of Highway 6 and the west line of the East 25 feet of the Southwest Quarter of Section 24; thence following said right-of-way southeasterly 330.76 feet along a 5789.58 foot radius curve, concave northeasterly,with a central angle of 3'1.6'24" to a point that lies S 58'45'25° E, 330.72 feet from the last described point; thence following said right-of-way S 61 '02'56" E, 465.18 feet to a point on the west line of the East 660.05 feet of the west half of the Southeast Quarter of Section 24; thence S 0'08'32°W, 987.08 feet to a point on the west line of said East 660.05 feet; thence N 89'51'28"W, 343.80 feet; thence N 0'08'32° E, 461.22 feet; thence S 89'56'44"W, 343.82 feet to a point on the west line of said East 25 feet of the Southwest Quarter; thence N 0'03'16"W, 922.03 feet to the Point of Beginning. Said tract contains 15.000 Acres, more or less. RFBH A tract of land in the Northwest Quarter of Section 25; the west one-half of the Northeast Quarter of Section 25, except the East 660.05 feet; the west one-half of the Southeast Quarter of Section 24, except the East 660.05 feet thereof, lying south of Highway 6; and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6, all in Township 79.North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the southeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2, Page 127, of the Johnson County Recorder's records, said point is on the west line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section 24; Page 1 3Z thence N 0'0316"W, 709.17 feet along said west line; thence N 89'56'44" E, 343.82 feet; - thence S 0'08'32"W, 461.22 feet; thence S 89'51'28" E, 343.80 feet to a point on the west line of the East 660.05 feet of the west half of the Southeast Quarter of Section 24; thence S 0'08'32° W, 242.42 feet to the northwest corner of the East 660.05 feet of the west half of the Northeast Quarter of Section 25; thence S 0'08'32" W, 1545.16 feet along the west line of said East 660.05 feet; • thence S 67'52'28"W, 712:44 feet; thence N 68'32'17"W, 374.14 feet; thence N 75'02'01"W, 539.39 feet; thence S 76'51'50"W, 526.28 feet to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence N 0'09'02" W, 1618.31 feet along said west line to a point on the north line of Section 25; thence N 88'21'05" E, 75.03 feet along said north section line to the southwest corner of said Bon-Aire Mobile Home Park; thence N 88'36'12" E, 1290.05 feet to the Point of Beginning. Said tract contains 84.331 Acres, more or less. RS-13 A tract of land in the west half of the Northwest Quarter of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of Section 25; thence N 88'21'05" E, 1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson County Recorder's records; thence S 0'09'02" E, 1618.31 feet along said west line; thence S 76'51'50" W, 135.62 feet; thence S 50'55'36" W, 231.50 feet; thence S 41 '54'27°W, 388.36 feet; Page 2 3Z • thence S 32'46'33" W, 698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S 88'5025"W, 292.04 feet to the West Quarter Corner of Section 25; thence N 0'08'49" W, 2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres, more or less. RR-I • A tract of land in the Southwest Quarter of the Northeast Quarter of Section 25 except the East 660.05 feet thereof; the South Half of the Northwest Quarter of Section 25; the North Half of the Southwest Quarter of Section 25; the Southwest Quarter Of the Southwest Quarter of Section 25; and the East Half of the Southeast Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the Center of Section 25; thence S 0'08'41" W, 1339.94 feet to the southeast corner of the North Half of the Southwest • Quarter of Section 25; thence S 88'50'25"W, 1320.88 feet to the northeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 1 '09'35" E, 1320.00 feet to the southeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; thence S 88'50'23°W, 1319.12 feet to the southwest corner of Section 25; thence S 89'09'38"W, 765.80 feet along the south line of Section 26 to a point on the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence N 25'23'09" E, 1380.95 feet along said west line to the south line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence N 0'59'39" W, 584.99 feet to the north line of said property; thence N 89'00'21" E, 290.14 feet along the north line of said property to the west line of the above mentioned sanitary sewer easement; thence N 25'23'09° E, 607.16 feet along said west line; thence N 9'25'49" E, 276.74 feet along said west line; thence N 38'18'20" E, 26.90 feet along said west line to the north line of the North Half of the Southwest Quarter of Section 25; (this point is S 88'50'25"W, 2181.24 feet from the Point of Beginning and N 88'50'25" E, 432.77 feet from the West Quarter Corner of Section 25) Page 3 • 32 thence S 88'50'25"W, 140.73 feet along said north line; thence N 32'46'33" E, 698.64 feet; thence N 41 '5427" E, 388.36 feet; thence N 50'55'36" E, 231.50 feet; thence N 76'51'50" E, 661.90 feet; thence S 75'02'01" E, 539.39 feet; thence S 68'32'17" E, 374.14 feet; thence N 67'52'28" E, 712.44 feet to a point on the west line of the East 660.05 feet of the Southwest Quarter of the Northeast Quarter of Section 25; thence S 0'08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet; • thence S 88'50'25"W, 667.08 feet to the Point of Beginning. Said tract contains 191.409 Acres, more or less. ID-RM A tract of land in the East Half of the Southeast Quarter of Section 26 and the Northwest Quarter of the Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: • Beginning at the East Quarter Corner of Section 26; thence N 88'50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence S 38'1820" W, 26.90 feet along said west line; thence S 9'25'49" W, 276.74 feet along said west line; thence S 25'23'09" W, 607.16 feet along said west line to the north line of the property described in Book 1164, Page 148, of the Johnson County Recorder's records; thence S 89'00'21"W, 290.14 feet along the north line of said property; thence S 0'59'39" E, 584.99 feet to a point on the south line of said property and the west line of • the above mentioned easement; thence S 25'23'09"W, 1380.95 feet along the west line of said easement to a point on the south line of Section 26; Page 4 3Z thence S 89'09'38"W, 550.00 feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; thence N 0'10'51"W, 2004.84 feet along the west line of said East Half; thence N 89'21'53" E, 660.00 feet; thence N 0'10'51" W, 660.02 feet to a point on the north line of said East Half; thence N 0'10'51" W, 16.50 feet; thence N 89'21'53" E, 208.79 feet parallel to the north line of said East Half to the northwest corner of the property described in Book 992, Page 820, of the Johnson County Recorder's records; thence S 0'38'16" E, 296.24 feet to the southwest corner of said property; thence N 89'21'53" E, 170.00 feet to the southeast corner of said property; thence N 0'38'16"W, 296.24 feet to the northeast corner of said property; thence N 89'21'53" E, 281.26 feet parallel to and 16.50' north of the north line of said East Half; thence S 0'08'49" E, 16.50 feet to the Point of Beginning. , Said tract contains 59.589 Acres, more or less. RM-2 A tract of land in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26; thence N 0'10'51" W, 16.50 feet; thence N 89'21'53" E, 660.00 feet parallel to and 16.50 feet north of the north line of said Quarter Quarter; thence S 0' 10'51" E, 676.52 feet; thence S 89'21'53" W, 660.00 feet to a point on the west line of said Quarter Quarter; thence N 0' 10'51" W, 660.02 feet to the Point of Beginning. Said tract contains 10.250 Acres, more or less. marshab\sycamore.frm\ordlegal Page 5 3Z LJ• it • 's, ` 'ref;—'F Reit 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. 94-3635 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd. day of August , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 10th day of August 19 940 Dated at Iowa City, Iowa, this 20th day of September , 19 94 !\ 6t/QX 'J Susan Walsh Deputy City Clerk 1wdsh.crt • CIVIC CENTER • 410 E. WASHINGTON ST. 3 � PHONE (319) 356-5000 IOWA CITY IOWA 52240.1636 FAX(219) 556-5009 UF'-LJ - 1 9 - 0 I0 D 0 1 UT- ' WHEREAS, the owner of said property, RM-20, Medium Density Multi-Famill Sycamore Farms Company, has petitioned the Residential: City of Iowa City for voluntary annexation and A tract of land in the west one-half of the the City is proceeding with same;and Southeast Quarter of Suction 24, except the WHEREAS,pursuant to Iowa Code §368.7, East 660.05 feet thereof, lying south -o. annexation of the property must be approved Highway 6 end the East 25 feet of the by both the City end the city development Southwest Quarter of Section 24 lying south of board;and Highway 6 in Township 79 North, Range fi WHEREAS,pursuant to the annexation policy West of the Fifth Principal Meridian,described of the Comprehensive Plan of the City of Iowa as: City, the proposed rezoning is subject to the Beginning at the northeast corner of Bon-Aire p > developer agreeing to pay all of the costs Mobile Home Park according to the survey Printer's fee $ J ,a 0,i associated with providing infrastructure for recorded in Plat Book 2, Page 127, of the development of the subject erect, except foe' Johnson County Recorder's records, said CERTIFICATE OF PUBLICATION oversized costs for en east-west arterial;and point being located on the southerly WHEREAS, Iowa law provides that the City right-of-way of Highway 6 and the west line STATE OF IOWA, Johnson County, ss: of Iowa City may impose reasonable conditions of the East 25 feet of the Southwest Quarter on granting the Applicant's rezoning request of Section 24; THE IOWA CITY PRESS-CITIZEN over and above existing regulations,to satisfy thence following said right-of-way FED. ID N 42-0330670 public needs directly caused by the requested southeasterly 330.76 feet along a 5789,58 change;and foot radius curve, concave northeasterly, WHEREAS, the City wants to ensure OFFICIAL PUBLICATION I, appropriate allocation and suitability of with a central angle of 3'16'24" to a poi neighborhood open space, the availability of er that lies S 58'45'25" E. 330.72 feet 4a Margaret Rios, being duly sworn, public school site, the protection of the last described point; say that I am the legal clerk of environmentally sensitive areas and. thence following said right-of-way the IOWA CITY PRESS CITIZEN responsibility for construction of infrastructure; 61.02'56" E.465.18 feet to e point on tl [ and west line of the East 660.05 feet of ti a newspaper published in said WHEREAS, the Applicant has agreed to west half of the Southeast Quarter develop this property in accordance with the , Section 24; county, and that a notice, a terms end conditions of a Conditional Zoning, thence S 0'08'32"W,987.08 feet to a poli Agreement to ensure appropriate urban • on the west line of said East 660.05 feet; printed copy of which is hereto development on the southeastern edge of Iowa thence N 89'51'28" W, 343.80 feet; attached, was published in said City. thence N 0'08'32" E,461.22 feet; on the NOW.THEREFORE,BE IT ORDAINED BY THE thence S 89'56'44"W,343.82 feet to a peapaper a time(s) l� 1 CITY COUNCIL OF THE CITY OF IOWA CITY, , an the west line of said East 25 feet of tt following date(s): IOWA.THAT: .. Southwest Quarter; /A SECTION I. APPROVAL. Subject to city thence N 0'03'16' W, 922.03 feet to th I G-C-1 ai ,/o /997 development board approval of the requested Point of Beginning. annexation of the property and subject to Iowa Said tract contains 15,000 Acres,more or les: Code 1414.5 119931 arid the terms and RFBH,Factory Built Housing Residential: conditions of the Conditional Zoning A tract of land in the Northwest Quarter Off,� Agreement, attached hereto and Incorporated Section 25;the west one-half of the Northea. VpJ^ by reference herein, the property described Quarter of Section 25,except the East 660.0 //(��- � ,ice below is hereby reclassified from its present feet; the west one-half of the Southeai classifications of County RS, Suburban Quarter of Section 24,except the East 660,0 Residential end County R3A, Multi-Family feet thereof,lying south of Highway 6;and tt Legal Clerk Residential, to the fallowing zoning East 25 feet of the Southwest Quarter r classifications for the property thereafter Section 24 lying south of Highway 8, all I Subscribed and sworn to before me described: Township 79 North,Range 6 West of the Fift RS-8, Medium Density Single-Family Principal Meridian,described as: , Residential: A tract of land in the west half of ' Beginning at the southeast corner of Bon-Au this f �t day of �O ,t, A.D. the Northwest Quarter of Section 25, Mobile Home Park according to the surve a r Township 79 North,Range 6 West of the Fifth - recorded in Plat Book 2, Page 127, of th 1Principal Meridian,described as: •- Johnson County Recorder's records, sai Beginning at the northwest corner of Section ' point is on the west line of the East 25 fee All a 25; of the Southwest Quarter of Section 24 an // thence N 88'21'05'E,1244.42 feet along the on the north line of Section 24; � s. aa...s_, ' _ a_ ' north line of Section 25 to a point on the thence N 0'03'16'W, 709.17 feet along sai Nntot-�r P.,b11C west line of the sanitary sewer easement west line; .,te rrecorded in Book 1053, Page 40, of the thence N 89'56'44" E,343.82 feet; 8'4- SHARON STUBBS Johnson County Recorder's records; thence S 0'08'32" W, 461.22 feet; 4s MY COMMISSION EXPIRES thence S O'09'02" E. 1618.31 feet along said thence 5 89'51'28" E,343.80 feet to a porn O '9.1.• west line: on the west line of the East 660-05 feet o thence S 76'51'50' W, 135.62 feat; the west half of the Southeast Quarter o thence S 50'55'36' W, 231.50 feet; Section 24; thence S 41'54'27" W, 388.36 feet; thence S 0'08'32" W, 242.42 feet to the thence S 32'46'33'W,698.64 feet to a point ' northwest corner of the East 660.05 feet o on the south line of the Northwest Quarter ' the west half of the Northeast Quarter o OFFICIAL PUBLICATION of Section 25; - Section 25; ORDINANCE NO. 94-3635 thence S 88'50'25' W. 292.04 feet to the thence S 0'08'32"W, 1545.16 feet along the West Quarter Corner of Section 25; • west line of said East 660.05 feet; thence N 0'08'49" W, 2641.60 feet to the thence S 67'52'28' W, 712.44 feet; AN ORDINANCE AMENDING THE ZONING I Point of Beginning. thence N 68'32'17" W, 374.14 feet; ORDINANCE BY CONDITIONALLY CHANGING Said tract contains 61.963 Acres,more or less, thence N 75.02'01' W, 539.39 feet; THE USE REGULATIONS OF AN thence S76'51'50"W,526.28 feet toe point APPROXIMATE 422 ACRE TRACT,LOCATED RM-12,Low Density Multi-Family Residential: • on the west line of the sanitary sewer SOUTH OF HIGHWAY 6 AND THE SOUTHERN A tract of land in the Northeast Quarter of the ' easement recorded In Book 1053, Page 40, CORPORATE LIMITS.FROM COUNTY RS. Southeast Quarter and the Southeast Quarter ' of the Johnson County Recorder's records; SUBURBAN RESIDENTIAL,AND COUNTYR3A; of the Northeast Quarter of Section 26, thence N 0'09'02" W, 1618.31 feet alongMUBU FAMILY RESIDENTIAL, TO RS-B, Township 79 North,Range 6 West of the Fifth i said west line to a paint on the north line of MEDIUM DENSITY SINGLE-FAMILY Principal Meridian,described es: r Section 25; RESIDENTIAL 162 ACRES): RM-12, LOW Beginning at the northwest corner of the thence N B8'21'05" E. 75.03 feet along said DENSITY MULTI-FAMILY RESIDENTIAL (10 Northeast Quarter of the Southeast Quarter north section line to the southwest corner of ACRES): RM-20, MEDIUM DENSITY MULTI- of Section 26; said Bon-Aire Mobile Home Park; FAMILY RESIDENTIAL 115 ACRES); RFBH, thence N 0'10'51" W, 16.50 feet; thence N 88'36'12" E, 1290.05 feet to the FACTORY BUILT HOUSING RESIDENTIAL 184 thence N 89'21'53' E.660.00 feet parallel tor Point of Beginning. ACRES); RR-1. RURAL RESIDENTIAL (191 and 16.50 feet north of the north line of said, Said tract contains 84.331 Acres,more or less. ACRES)AND ID-RM,INTERIM DEVELOPMENT Quarter Quarter; MULTI-FAMILY RESIDENTIAL(59 ACRES). thence 5 0'10'51" E,676.52 feet; thence S 89'21'53"W,660.00 feet to a point WHEREAS,the subject property is presently on the west line of said Quarter Quarter; located outside the Iowa City corporate limits; thence N 0'10'51" W. 660.02 feet to the end Point of Beginning. Said tract contains 10.250 Acres,more or less.. I Q Oki) . Litt -3(035 a of _ ".1.Rural Residential: thence S 25'23'09" W, 607.16 feet along I A tract of land in the Southwest Quarter of the said west line to the north line of the Northeast Quarter of Section 25 except the property described in Book 1164,Page 148, the East 660.05 feet thereof;the South Half of the of the Johnson County Recorder's records: Northwest Quarter of Section 25; the North thence S 89'00'21'W,290.14 feet along the Half of the Southwest Quarter of Section 25; north line of said property; the Southwest Quarter of the Southwest thence S 0'59'39" E, 584.99 feet to a point Quarter of Section 25;and the East Half of the on the south line of said property end the Southeast Quarter of Section 26, all in west line of the above mentioned easement; Township 79 North,Range 6 West of the Fifth thence 5 25'23'09" W, 1380.95 foot along Principal Meridian,described as: Beginning at the Center of Section 25; the west lino of said easement to a point on the south line of Section 26; thence S O'08'4W. 1339.94feet to the I thence S 89'09'38" W. 550.00 feet to the s southeast corner of the North Half of the southwest corner of the East Half of the Southwest Quarter of Section 25; Southeast Quarter of Section 26; thence S 88'50'25" W, 1320.88 feet to the thence N 0'10'51"W,2004.84 feet along the northeast corner of the Southwest Quarter west line of said East Half; . of the Southwest Quarter of Section 25; thence N 89'21'53" E,660.00 feet; thence 5 1.09'35- E, 1320.00 feet to the • southeast corner of the Southwest Quarter thence N 0.10'51"W,660.02 feet to a point Illi of the Southwest Quarter of Section 25; on the north line of said East Half; thence S 88'50'23" W, 1319.12 feet to the thence N 0'10'51"W, 18.50 feet; southwest corner of Section 25; thence N 89'21'53" E,208.79 feet parallel to thence 5 89'09'38'W,765.80 feet along the the north line of said East Half to the south line of Section 26 to a point on the northwest corner of the property described west line of the sanitary sewer easement in Book 992, Page 820, of the Johnson described In Book 1049. Page 346, of the County Recorder's records; Johnson County Recorder's records; thence 5 0'38'16" E, 296.24 feet to the thence N 25'23'09" E, 1380.95 feet along southwest corner of said property; said west line to the south line of the [hence N 89'21'53" E. 170.00 feet to the .. property described in Book 1164,Page 148, southeast corner of said property; of the Johnson County Recorder's records; -thence N 0'38'16" W. 296.24 feet to the thence N 0'59'39- W, 584.99 feet to the northeast corner of said property; north line of said property; thence N 89'21'53" E,281.26 feet parallel to thence N 89'00'21" E, 290.14 feet along the and 16.50' north of the north lino of said .,- north line of said property to the west line of East Half; thence S 0'08'49" E. 16.50 feet to the Point the above mentioned sanitary sewer easement; of Beginning. Said tract contains 59.589 Acres,more or less. thence N 25'23'09"E,607.16 feet along said west line; SECTION II. ZONING MAP. The Building 'hence N 9'25'49" E, 276.74 feet along said Inspector is hereby authorized and directed to , west line; change the Zoning Map of the City of Iowa thence N 38'18'20" E, 26.90 feet along said City,Iowa,to conform to this amendment upon west line to the north line of the North Half float passage,approval and publication of this of the Southwest Quarter of Section 25; Ordinance as provided'by law and notification • (this point is S 88'50'25"W,2161.24 feet from the city development board that the from the Point of Beginning,and N annexation is completed. 88'50'25" E. 432.77 feet from the West SECTION III. CONDITIONAL ZONING Quarter Corner of Section 251 AGREEMENT. The Mayor Is hereby authorized thence 5 88'50'25' W, 140.73 feet along and directed to sign, and the City Clerk to said north line; attest, the Conditional Zoning Agreement thence N 32'48'33' E.698.fi4 feet; between the owners of the property end the • City, and to certify the ordinance and Conditional Zoning Agreement for recortletien OFFICIAL PUBLICATION J in the Johnson County Recorder's Office, thence N 41'54'27- E,388.36 feet; _ following passage and approval, and thence N 50'55'36' E.231.50 feet; notification from the city development board thence N 76'51'50" E,661.90 feet; that the annexation is complete. thence S 75'02'01" E,539.39 feet; SECTION IV. REPEALER. All ordinances end thence S 68'32'17" E, 374.14 feet; parts of ordinances in conflict with the thence N 28"E, 712.44 feet to a point provisions of this Ordinance are hereby westline the west line of the East 660.05 feet of repealed. • the Southwest Quarter of the Northeast SECTION V. SEVERABILITY. If any section, Quarter of Section 25: provision or pert of the Ordinance shall be thence 5 2' W, 1104.43 feet to the adjudged to be invalid or unconstitutional,such southwestest corner of said East 660.05 feet; adjudication shall not effect the validity of the thence 5 88'50'25" W, 667.08 feet to the Ordinance as a-whole or any section,provision Point of Beginning. or pert thereof not adjudged invalid or Said tract contains 191.409 Acres, more or unconstitutional. less. SECTION VI. EFFECTIVE DATE. This end ID'RM. Interim Development Multi-Femlly Ordinance shalt be in effect after its final passage,approval and publication,as provided Residential: by law. A tract of land in the East Half of the Passed end approved this Southeast Quarter of Section 26 and the 2nd day of Northwest Quarter of the Southwest Quarter of August. 1994. Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26, all in t / ry- Township 79 North, Rangee 66 West of the Fifth z Principal Meridian,described as: AYOR Beginning at the East Quarter Corner of Section 26; • thence N 88'50'25" E,432.7.7 feet along the gTTES7: north line of the Northwest Quarter of the CI CL K'�� 9�� Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described in Book 1049, Page 346, of the Johnson County Recorder's records; thence S 38'18'20" W, 26.90 feet along said west line; thence S 9'25'49"W, 276.74 feet along said west line; 020- qq-3(035 EXHIBIT A 3 of 7 SYCAMORE FARMS COMPANY ZONING RM-2O A tract of land In the west one-half of the Southeast Quarter of Section 24,except the East 660.05 feet thereof,lying south of Highway 8 and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 In Township 79 North,Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northeast corner of Bon-Aire Mobile Home Park according to the survey recorded In Plat Book 2,Page 127,of the Johnson County Recorder's records,said point being located on the southerly right-of-way of Highway 8 and the west Ilne of the East 25 feet of the Southwest Quarter of Section 24; thence following said rlght'of-way southeasterly 330.78-feet along a 5769.58 loot radius curve, concave northeasterly,with a central angle of 3'18'24'to a point that Iles S 58'4525'E, 330.72 feet from the last described point; thence following said right-of-way S 61'02'50 E.465.10 feet to a point on the west line of the East 660.05 feet of the west half of the Southeast Quarter of Section 24; thence S 0'08'37 W,987.08 feet to a point on the west line of said East 660.05 feet; thence N 89'51'28'W.343.80 feet; • -thence N 0'08'32'E,461.22 feet; thence S 89'56A4'W,343.82 feet to a point on the west line of said East 25 feet of the Southwest Quarter: thence N 0'0316'W,922.03 feet to the Point of Beginning. Said tract contains 15.000 Acres,more or less. RFBH A tract of land in the Northwest Quarter of Section 25;the west one-half of the Northeast Quarter of Section 25,except the East 660.05 feet;the west one-half of the Southeast Quarter of Section 24,except the East 660.05 feet thereof,lying south of Highway 6;and the East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6,ell in Township 79 North,Range 6 West of the Fifth Principal Meridian.described as: Beginning at the southeast corner of Bon-Aire Mobile Home Park according to the survey recorded in Plat Book 2,Page 127,of the Johnson County Recorders records,said point is on the west line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section 24; thence N 0.03'16'W,709.17 feet along said west line; thence N 89'56'44'E.343.82 feet; thence S 0'08'32'W,461.22 feat; thence S 89'5128'E.343.80 feet to a point on the west line of the East 660.05 feet of the west halt of the Southeast Quarter of Section 24; thence S 0'08'32'W.242.42 feet to the northwest corner of the East 660.05 feet of the west halt of the Northeast Quarter of Section 25; thence S 0'0822'W,1545.16 feet along the west line of said East 660.05 feet; thence S 67'52'28'W,712.44 feet; thence N 68'32'17'W,374.14 feet; fl OFFICIALPUBLICATION _ thence N 75'02'01'W.539.39 feet: thence S 78'51'50'W,528.28 feet to a point on the west One of the sanitary sewer easement recorded in Book 1053.Page 40,of the Johnson County Recorders records: thence N 0'09'02'W,1618.31 feet along said west line to a point on the north line of Section 25; thence N 88'21105'E.75.03 feet along said north section line to the southwest corner of said Bon-Aire Mobile Home Park; thence N 88'3612'E.1290.05 feet to the Point of Beginning. Said tract contains 84.331 Acres,more or less. RS-B A tract of land In the west half of the Northwest Quarter of Section 25,Township 79 North,Range e West of the Fifth Principal Meridian.described as: Beginning at the northwest corner of Section 25; thence N 88'21'05'E.1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded In Book 1053,Page 40,of the Johnson County Recorder's records: Oao. "14-3': 35 thence S 0'09'02"E.1618.31 feet along said west line; q el 7 thence 5 76'5150'W,135.62 feet; thence S 50'55'36•W.231.50 feet; Thence S 41'54'27'W.38e.36 feet; thence S 32'4633'W,698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S 88'50'25"W,292.04 feet to the West Quarter Corner of Section 25; thence N 0'08'49'W,2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres,more or less. RR-I A tract of land in the Southwest Quarter of the Northeast Quarter of Section 25 except the East 660.05 I feet thereof;the South Hart of the Northwest Quarter of Section 25;the North Half of the Southwest Quarter of Section 25;the Southwest Quarter of the Southwest Quarter of Section 25;and the East Hat of the Southeast Quarter of Section 26,all in Township 79 North,Range 6 West of the Frith Principal deridian,described as: leginning at the Center of Section 25; hence 5 0'0841"W,1339.94 feet to the southeast comer of the North Half of the Southwest l Quarter of Section 25; hence S 88'50'257W,1320.68 feet to the northeast corner of the Southwest Quarter of the Southwest Quarter of Section 25; hence S 1'0925•E,1320.00 feet to the southeast corner of the Southwest Quartet of the Southwest Quarter of Section 25: hence S 88'5023'W,1319.12 feet to the southwest corner of Section 25; thence S 89'09'38'W,765.80 feet along the south line of Section 28 to a point on the west line of the sanitary sewer easement described In Book 1049,Page 346,of the Johnson County Recorder's records; • thence N 25'2329'E,1380.95 feet along said west line to the south line of the property described in Book 1164,Page 14e,of the Johnson County Recorder's records; thence N 0'5929'W,584.99 feet to the north line of said property; thence N 89'0021'E,290.14 feet along the north line of said property to the west line of the above mentioned sanitary sewer easement; thence N 25'23'09'E,607.16 feet along said west fine; thence N 9'25'49'E,276.74 feet along said west line; thence N.38'1820'E.26.90 feet along said west line to the north line of the North Half of the Southwest Quarter of Section 25;(this point 4s S 88'50'25'W,2181.24 feet from the Paint of Beginning and N 88'50'25'E,432.77 feet from the West Quarter Corner of Section 25) i thence 5 88'5025'W.140.73 reef along said north line; thence N 32'4623'E,698.64 feet; • thence N 41'54'27'E.388.36 feet; thence N 50'5526'E.231.50 feet; thence N 76.51•50"E,661.90 feet; thence S 75'0201'E,539.39 feet: thence S 6863Z17'E,374.14 feet; thence N 67'5228'E,712.44 feet to a point on the west line of the East 660.05 feet of the Southwest Quarter of the Northeast Quarter of Section 25; thence S 0'08'32'W,1104.43 feet to the southwest corner of said East 660.05 feet; • thence S 88'5025'W,667.08 feet to the Point of Beginning. • 'Said tractcontains 191.409 Acres,more or less. ID-RM A tract of land In the East Half of the Southeast Quarter of Section 28 and the Northwest Quarter of the Southwest Quarter of Section 25,and the Southeast Quarter of the Northwest Quarter of Section 26, all In Township 79 North,Range 6 West of the Fifth Prindipal Meridian,described as: ' Beginning at the East Quarter Corner of Section 26; thence N 88'5025'6,432.77 feet along the north line of the Northwest Quarter of the Southwest Quarter of Section 25 to the west line of the sanitary sewer easement described In Book.1049, Page 346,of the Johnson County Recorder's records; thence S 38'1820'W,26.90 feet along said west line; thence S 9'25'49'W,276.74 feet alone said west line;. -0 -1 0ll. 9'y —3,35 5of7 thence S 25'23'09'W,607.16 feet along said west line to the north line of the property described in Book 1164,Page 148,of the Johnson County Recorder's records; thence 5 89'00'21'W.290.14 feet along the north line of said property; thence S 0'59'39'E,584.99 feet to a point on the south line of said property and the west line of the above mentioned easement; thence S 25'23'09'W,1380.95 feet along the west line of said easement to a point on the south line of Section 26; thence S 89'89'36.W,550.00 feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; thence N 0'10'51'W,2004.84 feet along the west line of said East Half; thence N 89'21'53'E,660.00 feet; thence N 0'10'51'W,660.02 feet to a point on the north line of aald East Had; thence N 0'10'51'W,16.50 feet; thence N 89'21'53'E,200.79 feet parallel to the north line of said East Half to the northwest corner of the property described in Book 992,Page 820.of the Johnson County Recorder's records; thence S 0'38'16"E,296.24 feet to the southwest corner of said property; thence N 69'21'53'E,170.00 feet to the southeast corner of said property; thence N 0'38'16'W,296.24 feet to the northeast corner ofsald property; thence N 89'21'53'E,281.26 feet parallel to and 16.50'north of the north line of said East Half; thence 5 0'08'49°E,16.50 feet to the Point of Beginning. Said tract contains 59.589 Acres,more or less. RM-12 A tract of land In the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 26,Township 79 North,Range 6 West of the Frith Principal Meridian, described as: Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26; thence N 0'10'51'W,16.50 feet; 'thence N 09'21'53'E,660.00 feet parallel to and 16.50 feet north of the north line of said Quarter Quarter; thence S 0' 10'51'E,676.52 feet; thence S 89'21'53'W,660.00 feet to a point on the west line of said Quarter Quarter; thence N 0' 10'51'W,680.02 feet to the Point of Beginning. Said tract contains 10.250 Acres,more or less. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City. Iowa, a Municipal Corporation (hereinafter"City")and Sycamore Farms Company,an Iowa General Partnership (hereinafter"Owner"). WHEREAS, Owner has requested the City to annex and rezone approximately 422 acres of land located south of Highway 6,east of Sycamore Street and west of Sioux Avenue, legally described on Exhibit A,from the County designation of RS, Suburban Residential and R3A, Multi-Family Residential,to RS-8, Medium Density Single-Family Residential, RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential. RM-20. Medium OED. yy - 3 OFFICIAL PUBLICATION OFFICIAL PUBLICATION (P/ of 7 Density Multi-Family Residential, RR-1, Rural Residential and ID-RM; Interim Development Residential Multi-Family; 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, 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,except for any oversized costs for an east- west arterial street if such an arterial street Is located through the development, 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, the property contains wetlands, areas of hydric soils and other environmentally sensitive features; and WHEREAS,pursuant to the Comprehensive Plan,it is the City's policy to preserve and protect environmentally sensitive areas;and WHEREAS, a contractual agreement with the Iowa Department of Natural Resources (IDNR) obligates the City to protect environmentally sensitive areas in the vicinity of the Southeast Interceptor Sewer line from potential adverse effects of development; and WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate in order to ensure appropriate urban development on the southeastern edge of Iowa City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Sycamore Farms Company is the owner and legal title holder of the property located south of Highway 6, east of Sycamore Street, and west of Sioux.Avenue, legally described on Exhibit A,attached hereto and incorporated by this reference. 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,except for any oversized costs for an east-west arterial street if such an arterial street is to be located through the development. 3. Owner acknowledges that the City wishes to ensure appropriate allocation of neighborhood open space and the availability of a public school site and that it is the City's policy and obligation to preserve and protect environmentally sensitive areas. Therefore;Owner agrees 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 the subject property from County RS and R3A, Owner agrees that development and use of the subject property will conform to the requirements of the applicable zones:RS-8,Medium Density Single-Family Residential, RFBH,Factory Built Housing Residential,RM-12,Low Density Multi-Family Residential, RM-20, Medium Density Multi-Family Residential, RR-1,Rural Residential and ID-RM, Interim Development Residential Multi-Family. In addition,the development and use of the subject property will conform to the following additional conditions: a. Owner will take adequate measures to protect the area and natural features generally described as the"Snyder Creek Bottoms" from any adverse effects from development of adjacent areas. Owner shall specify the protection measures in mitigation plans as required in subsections b and c below. Owner must prepare the mitigation plans at its sole expense and the plans must receive City approval. b. Owner will initially submit a general concept plan for the entire subject property entitled'Wetlands Mitigation Report for Sycamore Farms Development". This mitigation plan will provide a general outline of the Owner's protection measures including but not limited to storm water management. The general mitigation- plan must also include a concept plan for a trail or walkway system within the "Snyder Creek Bottoms". c. Wth each preliminary plat, Owner will submit a specific mitigation plan for the platted area. This specific mitigation plan must contain the engineering details for the mitigation and protection measures for the platted area,including but not limited to design details, specifications, and materials. The specific details regarding the location and construction of the trail system must be included in the mitigation plan for each platted area. d. Owner shall construct the trail or walkway,system when either 50% of the property in the RS-8 and RFBH zones has developed or when the ID-RM area is rezoned,whichever occurs first. • e. Preservation of the "Snyder Creek Bottoms" via the establishment of a conservation easement approved by the City. J. Owner will establish a 100 foot no-build buffer zone around all jurisdictional wetlands located outside of the conservation easement,except those for which • mitigation is approved, as set forth in the conservation easement. Owner will also establish a 100 foot no-build buffer zone around all jurisdictional wetlands located within the conservation easement and within 100.feet of the conservation easement boundary. . 020 . 9th: g. Owner shall inventory and document the jurisdictional wetlands, other 7 4 7 conservation values and the location of existing farming activities in the"Snyder / Creek Bottoms". The City must approve said Inventory and documentation. h. Owner shall dedicate neighborhood open space to the City or pay fees in lieu of dedication. The amount of open space Owner must dedicate shall be based on the formula contained in the neighborhood open space plan. I. Owner shall grant a pedestrian access easement over the existing Southeast Interceptor Sanitary Sewer easement or in an alternative location, approved by the City, to connect the trails within the Whispering Meadows Subdivision and the City-owned property to the south of the Sycamore Farms property. . j. Owner shall covenant with the City to reserve fifteen 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. 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. 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 fifteen(15) years from the date the parties execute this Conditional Zoning Agreement, Owner shall convey the site to the School District. If the School District has not applied for a Building Permit within fifteen(15)years from the date the parties execute this 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 Recorders 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 subdivision parts which have not yet received Final Plat approval. No impact fees shall be paid for those 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 alt fees previously paid and Owner shall not be required to pay any additional impact fees for subdivision parts which may subsequently be submitted for final plat approval. If at any lime during the fifteen (15) years following execution of this Conditional Zoning Agreement,the School Distnct determines that the reserved site will not be used for a public school, the School District wit 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. k. Owner shall pay all costs associated with providing Infrastructure for development of the subject tract, including oversized costs, except far the oversized costs for an east-west arterial street if such an arterial street is located through the development. 5. The 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 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. Owner acknowledges that nothing in this Agreement 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 Recorders Office. Dated this t5 day of Fr.tr 1994 SYCAMORE FARMS COMPANY CITY OF IOWA CITY By BYtG(v�}z Stephen F. Bright, SS _usan M.Horowitz, Mayor General Partner • Attest: �Y ) 9/1/44.4.1—)Marian •,Kar, City Clerk 5776 August 70,1994 .21T) ORDINANCE NO. 94-3636 AN ORDINANCE REESTABLISHING THE HIS- TORIC PRESERVATION COMMISSION AND SPECIFYING THAT APPEALS OF DECISIONS OF THE COMMISSION SHALL BE MADE TO THE CITY COUNCIL. WHEREAS, the Code of Iowa requires that municipal historic preservation commissions be established by ordinance; and WHEREAS, the Code of the State of Iowa requires that appeals of decisions of the histor- ic preservation commissions be made to the governing body; and WHEREAS, the recently adopted Code of Ordinances of the City of Iowa City is inconsis- tent with the Code of Iowa in this regard. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 14, The Unified Development Code, Chapter 4, entitled "Land Control and Development," Article C, entitled "Historic Preservation Regulations," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting the following Article C, "Historic Preservation Regulations" which supersedes the previously adopted Article C, "Historic Pres- ervation Regulations": CHAPTER 4 ARTICLE C. HISTORIC PRESERVATION REGU- LATIONS Section: 14-4C-1: Purpose and Intent 14-4C-2: Definitions 14-4C-3: Historic Preservation Commission 14-4C-4: Rules of the Commission 14-4C-5: Powers of the Commission 14-4C-6: Procedures for the Designation of Historic Districts 14-4C-7: Applications for Certificates of Appropriateness 14-4C-8: Remedy of Dangerous Conditions 14-4C-9: Compliance with Zoning Regulations 14-4C-10: Penalties Sec. 14-4C-1: PURPOSE AND INTENT: The purpose of this article is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, and perpetua- 33 Ordinance No. 94-3636 Page 2 tion of historic districts and historic and cultural landmarks located in the city, B. Safeguard the City's historic, aesthetic, and cultural heritage by preserving districts and properties of historical, architectural, and cultural significance, C. Stabilize and improve property values by conserving historic properties, D. Foster civic pride in the legacy of beauty and achievements of the past, E. Protect and enhance the City's attractions to tourists and visitors and thereby support and stimulate business thereby provided, F. Strengthen the economy of the city, and G. Promote the use of districts of historic and cultural significance as sites for the educa- tion, pleasure and welfare of the people of the city. Sec. 14-4C-2: DEFINITIONS: As used in this article, the following defini- tions shall apply: Applicant The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. Application: A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a certificate of appropriateness. Certificate of appropriateness: The docu- ment, evidencing approval by the historic preservation commission of a proposal to make a change in appearance, which must be ob- tained before a regulated permit may be used. Certificate of no material effect The docu- ment, issued in lieu of a certificate of appropri- ateness, which signifies that the work contem- plated in the application will have no effect on any significant architectural features of the building or on the historic district. The certifi- cate of no material effect evidences approval by the Historic Preservation Commission and the Department of Planning and Community Development of a proposal to make a change in appearance. Change in appearance: Any change or alter- ation of the exterior features of a building or change or alteration of the appearance of a property within a historic district. This defini- tion shall pertain only to changes in appearance which are visible from the public way or from adjacent properties, and for which a building, demolition, house moving or other regulated 33 • Ordinance No. 94-3636 Page 3 permit is required for compliance with applica- ble city codes.' Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a build- ing, and for which no regulated permit is re- quired. For the purposes of this Chapter, changes made in the color of the exterior surfaces of a building are not considered a change in appearance, but deemed to be ordi- nary maintenance and repair. Change or alteration: The erection of a build- ing on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building, or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building. Commission: The Iowa City Historic Preser- vation Commission, as established by this ordinance in accord with this adopted article. Exterior features: The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of the building material and type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. Historic district An area that contains contiguous pieces of property under diverse ownership which: A. Are significant to American history, archi- tecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, set- ting, materials and workmanship; or C. Are associated with events that have made a significant contribution to the broad pat- terns of our history; or D. Are associated with the lives of persons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construction; repre- sent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or 'See Chapter 5, Article G of this Title for moving buildings. 33 Ordinance No. 94-3636 Page 4 F. Have yielded, or may be likely to yield, information important in prehistory or histo- ry. Property owner: An individual or group of individuals, corporation, partnership, associa- tion, or in any entity, including state and local governments and agencies, which is the owner of real estate. Regulated permit A permit issued by the building official, or other official of the city, according to the provisions of the Uniform Building Code,' sign regulations,2 house movers' ordinance,3 or Fire Code.' Sec. 14-4C-3. HISTORIC PRESERVATION COMMISSION: A. An Iowa City Historic Preservation Commis- sion is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and directives consistent with this Article. The commission shall consist of seven (7) mem- bers who shall be residents of the City of Iowa City. B. Members of the commission shall be ap- pointed by the City Council. At least one resident of each designated historic district shall be appointed to the Commission. Other members shall be chosen at large from any part of the city and shall have some expertise in history, urban planning, architecture, archaeology, law,sociology,or other closely related field, or shall demon- strate interest in the area of historic preser- vation. At least three (3) of the members shall hold appointments at large. Should the number of officially designated city historic districts exceed four (4) in number, a new member shall be added to the com- mission for each new district in excess of four (4) districts. The new member shall be appointed by the Council as soon as practi- cable after the official designation of the historic district triggering the operation of the preceding clause. 'See Chapter 5, Article A of this Title. 2See Chapter 6, Article 0 of this Title. 3See Chapter 5, Article G of this Title. 4See Title 7, Chapter 1 of the City Code. 33 Ordinance No. 94-3636 Page 5 C. Members shall serve three-year terms. D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Members may serve for more than one term and each member shall serve until the ap- pointment of a successor. F. Members shall serve without compensation except for any expenses deemed reasonable and budgeted by the Council. G. A simple majority of the commission shall constitute a quorum for the transaction of business. Sec. 14-4C-4. RULES OF THE COMMISSION: A. The Historic Preservation Commission shall elect from its membership a chairperson and vice-chairperson whose term of office shall be one year. The chairperson and vice- chairperson may serve for more than one term. The chairperson shall preside over the Commission and have the right to vote. The vice-chairperson shall, in cases of absence or disability of the chairperson, • perform the duties of the chairperson. B. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for certificates of appropriate- ness, resolutions, proceedings, and actions of the Historic Preservation Commission. C. The Commission shall recommend rules or by-laws for the transaction of its regular business to the City Council for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the approval or disapproval of certificates of appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to public view, of its resolu- tions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a certificate of appro- priateness to be granted, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Coun- cil and may make such recommendations to the Council as it deems necessary to carry out the principles of this article. 31 Ordinance No. 94-3636 Page 6 Sec. 14-4C-5. POWERS OF THE COMMIS- SION: A. The Commission shall be authorized to con- duct studies for the identification and desig- nation of historic districts meeting the definitions established by this article. The commission may proceed at its own initia- tive or upon a petition from any person, group or association. B. The Commission shall make a recommenda- tion to the office of the State Historical Society of Iowa for the listing of a historical district or site in the National Register of Historic Places and shall conduct a public hearing thereon. C. The Commission shall review and act upon all applications for certificates of appropri- ateness, pursuant to section 7 of this Arti- cle. D. The Commission shall cooperate with prop- erty owners and city agencies pursuant to the provisions of section 8 of this Article. E. The Commission shall further the efforts of historic preservation in the city by making recommendations to the City Council and city commissions and boards on preserva- tion issues when appropriate, by encourag- ing the protection and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organizations to become involved in preservation activities. F. The Commission shall not obligate itself or the City of Iowa City in any financial under- taking unless authorized to do so by the City Council. Sec. 14-4C-6. PROCEDURES FOR THE DESIG- NATION OF HISTORIC DISTRICTS: A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission recom- mending that an area be designated a historic district. Before any report or recommendation is submitted, the Com- mission shall hold a public hearing on any proposal to designate an area as a historic district. The Commission shall give prior notice of the time, date, place, and subject matter of such hearing. Such notice shall be served by ordinary mail addressed to each property owner of land included within such proposed district at the owner's last known ad- �3� Ordinance No. 94-3636 Page 7 dress. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the date of mailing and the names and addresses of all property owners notified pursuant to this Section. After this public hearing the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. 2. A copy of the report shall also be sub- mitted to the State Historical Society of Iowa or its successor for review and recommendations concerning the pro- posed area. Comments from the State Historical Society regarding the pro- posed area shall be received by the City prior to the date of any action taken by the Plan and Zoning Commission. B. Plan and Zoning Commission Recommenda- tions: Within sixty (60) days of the receipt of the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Com- mission shall submit its recommendations to the City Council with respect to the relation of such designation to the Comprehensive Plan, Zoning Ordinance', proposed public improvements and other plans for the re- newal of the area involved. The Plan and Zoning Commission shall recommend ap- proval, disapproval or modification of the proposed historic district. The Historic Preservation Commission shall be advised of any modifications to the proposed historic district which are recommended to the City Council by the Plan and Zoning Commission. C. City Council Review: If the area of the proposed historic district as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition describing the area, to the State Historical 'See Chapter 6 of this Title. 3� Ordinance No. 94-3636 Page 8 Society of Iowa or its successor for review and recommendations concerning the al- tered proposed area. D. State Recommendations: The recommenda- tions from the State Historical Society of Iowa concerning the proposed area or al- tered proposed area shall be received by the City prior to setting a public hearing con- ducted by the City Council on an ordinance establishing a historic district. Any recom- mendations made by the State Historical Society of Iowa shall be made available by the City to the public for viewing during normal working hours at a City government place of public access. E. Public Hearing: After receiving the recom- mendations of the State Historical Society of Iowa on the proposed area and/or altered proposed area, the City Council shall pro- vide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance establishing a historic district. The Council may adopt or reject the ordi- nance or may refer the historic district designation to the Historic Preservation Commission for modification. If the City Council refers the historic district designa- tion to the Historic Preservation Commission for modification, the procedures described in subsections A through D of this section shall be followed, with the following excep- tions: 1. Unless substantial modifications are pro- posed, the public hearing requirement described in subsection A may be waived. 2. Only property owners affected by the Council's proposed modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. Sec. 14-4C-7. APPLICATIONS FOR CERTIFI- CATES OF APPROPRIATENESS: A. Certificate Required: No individual or corpo- ration shall undertake a change in appear- ance of a building or site within a desig- nated historic district for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a building or site in a designated historic district, unless a certif- icate of appropriateness or a certificate of no material effect has been granted. 33 Ordinance No. 94-3636 Page 9 B. Conditions of Certificate Issuance: The chair of the Historic Preservation Commis- sion and the secretary of the Historic Pres- ervation Commission, or their designees, may issue a certificate of no material effect if the work contemplated in the application will have no effect on any significant archi- tectural features of the building or on the historic district. C. Application for Certificate; Review: 1. Application for a certificate of appropri- ateness shall be made to the Building Official. The application should include drawings, photographs, sketches and other exhibits portraying the work to be accomplished which will assist the His- toric Preservation Commission in the consideration of the application. 2. Upon the filing of such application, the Building Official shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it, together with accompanying plans and other information, to the Com- mission. 3. All applications received before the clos- ing date, to be established by the Com- mission, shall be considered by the Commission at its next regularly sched- uled meeting. The Commission shall review the application, according to the duties and powers specified herein. In reviewing the application, the Commis- sion may confer with the applicant or the applicant's authorized representa- tive. In acting upon an application, the Commission shall consider whether the change in appearance to a building or site proposed by the application con- forms to standards set forth in the Janu- ary, 1979 edition of the Secretary of the Interior's "Standards for Rehabilitation" or subsequent revisions thereof. The Commission may use the Secretary of the Interior's "Guidelines for Rehabilitat- ing Historic Buildings" or subsequent revisions thereof or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance to a building or site conforms to the Secretary of the Interior's "Standards for Rehabilitation." 33 Ordinance No. 94-3636 Page 10 D. Approval or Disapproval of Certificate: The Commission shall approve, modify, or disap- prove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five (5) business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. If the application is approved or ap- proved with modifications acceptable to the applicant, a certificate of appropriateness will be issued, signed by the chairperson, and immediately transmitted along with the application to the Building Official. If the application is disapproved, the application will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. E. Appeal to the City Council: Any applicant aggrieved by any decision of the Commis- sion may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (10) business days after the filing of the above-mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give public notice as required by State law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines estab- lished by law and this Article, and whether the Commission's action was patently arbi- trary or capricious. In exercising the above- mentioned powers the City Council may, in conformity with the provisions of this Arti- cle, reverse or affirm, wholly or partly, or may modify the order, requirement, deci- sion, or determination appealed from and may make such order,requirement, decision or determination as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. 33 Ordinance No. 94-3636 Page 11 F. Judicial Appeal: If not satisfied with the decision of the City Council, the appellant may appeal to the Johnson County district court within thirty (30) days after the Council's decision. G. Compliance with Certificate Required: Certificates of appropriateness issued on the basis of approved applications authorize only changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or designee to in- spect, from time to time, any work per- formed pursuant to such a certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop-work order. Any change in appearance at variance with that autho- rized by the certificate shall be deemed a violation of these regulations. Sec. 14-4C-8. REMEDY OF DANGEROUS CONDITIONS:' A. Except for emergencies as determined by the Building Official pursuant to the ordi- nances of the City, City enforcement agen- cies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building. B. The Commission shall have the power to require that changes or alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases, it shall be the responsibility of the Commission and the City enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be ap- proved by the Commission and shall be signed by the chair of the Commission, the 'See also Section 14-5F-3 of this Title. 33 Ordinance No. 94-3636 Page 12 property owner, and the head of the City enforcement agency or department. C. If a solution acceptable to the Commission, the City enforcement agency or department, and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the City enforcement agency or department, the agency or department shall proceed to issue and enforce its pro- posed order. Sec. 14-4C-9. COMPLIANCE WITH ZONING REGULATIONS: Any new building shall conform to all setback requirements of the zone in which it is to be built or moved) However, if a building has been damaged or destroyed due to fire, explo- sion, act of God or other natural disasters, it may be placed upon its original foundation or the site of the original foundation regardless of the extent of damages, provided it is recon- structed as near as possible to the original exterior design.2 Sec. 14-4C-10. PENALTIES: Any violation of this Chapter shall be consid- ered a simple misdemeanor or Municipal Infrac- tion or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. 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 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 unconsti- tutional. 1See Section 14-6Q-4 of this Title. 2See Chapter 6, Article T of this Title for restoration of nonconforming structures. 33 Ordinance No. 94-3636 Page 13 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in full force and effect after its final passage, approval and publication, in accordance with law, on September 1, 1994. Passed and approved this 30th day of August, 1994. -d <f--C7h n rr>a mAytigtt ATTEST: d i. CITY CLE-K pprove• b i17, y Z-4y City ,ttorney'=4l ppdadmin\mpc.ard 33 Ordinance No. 94-3636 Page 14 It was moved by Kubby and seconded by Thrormorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz X Kubby X Lehman X Novick Pigott Throgmorton First Consideration 2/2/94 Vote forpassage: AYES: Pigott, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: Throgmorton. Second Consideration Vote for passage: Date published 9/7/94 Moved by Kubby, seconded by Novick, 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: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. 53 • 1.1 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. 94-3636 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of August , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of September 19 94 Dated at Iowa City, Iowa, this 3rd day of October 19 94' 2,6t-dam *'• (l)ak15 Susan Walsh Deputy City Clerk lwaiah.ert CIVIC CENTER • 410 E. WASHINGTON $L PHONE (719) 736.3009 IOWA CITY IOWA 3220.1 t26 FAX 336-3009 4 ^` � � 1 UKU. LPL— .. 6, 3& /o{' - Furthermore,nothing in this definition shall be construed to prohibit or limit normal repairs or SECTION I. AMENDMENTS. Title 14, The maintenance which do not involve alterations Unified Development Code,Chapter 4,entitled or changes in the exterior features of a build- "Land Control and Development," Article C, ing, and for which no regulated permit is re- entitled "Historic Preservation Regulations."of quired. For the purposes of this Chapter, the Code of Ordinances of the City of Iowa changes made in the color of the exterior ' City,Iowa,be and the same is hereby amended surfaces of a building are not considered a by adopting the following Article C, "Historic change in appearance, but deemed to be ordi- ''// Preservation Regulations" which Supersedes nary maintenance and repair. Printer's fee $,/N7, the previously adopted Article C,"Historic Pres- Change or alteration: The erection of a build- ervation Regulations": ing on a site,the movement of a building from CHAPTER 4 or to a site, the demolition of a building, the CERTIFICATE OF PUBLICATION ARTICLE C. HISTORIC PRESERVATION REGU- reconstruction or restoration of a building, or STATE OF IOWA, Johnson County, ss: LATIONS any actionrto cha , modify, reconstruct,tureofn Section: remove or demolish any exterior feature of an THE IOWA CITY PRESS-CITIZEN 14-4C-1: Purpose and In>;ent existing building. 14-4C-2: Definitions Commission: The Iowa City Historic Preser- FED. ID # 42-0330670 14-4C-3: Historic Preservation Commission vation Commission, as established by this 14-4C-4: Rules of the Commission ordinance in accord with this adopted article. I14-4C-5: Powers of the Commission Exterior features: The architectural style, 14-4C-6: Procedures for the Designation of Margaret Rios, beingdulysworn Historic Districts of a building,design and ing the kind arrangement and thetexture exterior � of a including the kind of 14-4C-7: Applications for Certificates of the building material and type and style of all say that I am the legal clerk of Appropriateness windows,doors,light fixtures, signs and other the IOWA CITY PRESS-CITIZEN, 14-4C-8: Remedy of Dangerous Conditions appurtenant fixtures. 14-4C-9: Compliance with Zoning Regulations Historic district: An area that contains a newspaper published in said 14-4C-10: Penalties contiguous pieces of property under diverse Sec. 14-4C-1: PURPOSE AND INTENT: ownership which: county, and that a notice, a The purpose of this article is to: A. Are significant to American history, archi- printed copy of which is hereto A. Promote the educational,cultural,economic tecture, archaeology and culture or Iowa and general welfare of the public through City history, architecture, archaeology and attached, was published in said the protection,enhancement,and perpetua- culture; or paper time(s), on the OFFICIAL PUBLICATION B. Possess integrity of location, design, set- ting,materials and workmanship; or following date(s): tion of historic districts and historic and C. Are associated with events that have made r cultural landmarks located in the city, a significant contribution to the broad pat- top /2i __ /9 yY 6. Safeguard the City's historic,aesthetic,and terns of our history;or cultural heritage by preserving districts and D. Are associated with the lives of persons properties of historical, architectural, and significant in our past;or cultural significance, E. Embody the distinctive characteristics of a C. Stabilize and improve property values by type,period,method of construction;repre- conserving historic properties, sent the work of a master; possess high ›.- .2--C2,-(—‹ CZra, D. Foster civic pride in the legacy of beauty artistic values; represent a significant and // and achievements of the past, distinguishable entity whose components Legal Clerk E. Protect and enhance the City's attractions may lack individual distinction;or to tourists and visitors and thereby support F. Have yielded, or may be likely to yield, and stimulate business thereby provided, information important in prehistory or histo- Subscribed and sworn to before me F. Strengthen the economy of the city, and ry. �, G. Promote the use of districts of historic and Property owner: An individual or group of -� tural significance as sites for the educa- individuals, corporation, partnership, this day of r A.D.ALTT11 tion, pleasure and welfare of the people of tion,or in any entity, including state and local 19 the city. governments and agencies,which is the owner Sec. 14-4C-2: DEFINITIONS: of real estate. As used in this article, the following defini- Regulated permit.' A permit issued by the tions shall apply: building official, or other official of the city, '/" " \ / `� Applicant: The party making application for according to the provisions of the Uniform a certificate of appropriateness from the Iowa Building Code,' sign regulations,' house Notary Pi blit City Historic Preservation Commission. movers'ordinance,3 or Fire Code.° 'M'1` SHARON STUBBS Application: A written request by a property Sec. 14-4C-3. HISTORIC PRESERVATION o owner or other party to the Iowa City Historic COMMISSION: MY COMMISSION EXPIRES Preservation Commission for a certificate of !,....a 2.15.97 A. An Iowa City Historic Preservation Commis- '0.. appropriateness. sion is hereby reestablished and the current Certificate of appropriateness.' The docu- members thereof are hereby authorized and ment, evidencing approval by the historic directed to fulfill their existing terms and preservation commission of a proposal to make directives consistent with this Article. The a change in appearance, which must be ob- commission shall consist of seven 17)mem- OFF ICIAL PUBLICATION rained before a regulated permit may be used. bers who shall be residents of the City of Certificate of no material effect: The docu- Iowa City. meet,issued in lieu of a certificate of appropri- B. Members of the commission shall be ap- ORDINANCE NO. 94-3636 ateness,which signifies that the work contem- pointed by the City Council. At least one plated in the application will have no effect on • resident of each designated historic district AN ORDINANCE REESTABLISHING THE HIS- any significant architectural features of the shall be appointed TORIC PRESERVATION COMMISSION AND to the Commission. building or on the historic district. The certifi- Other members shall be chosen at large SPECIFYING THAT APPEALS OF DECISIONS cate of no material effect evidences approval from any part of the city and shall have OF THE COMMISSION SHALL BE MADE TO by the Historic Preservation Commission and some expertise in history, urban planning, THE CITY COUNCIL. the Department of Planning and Community architecture,archaeology,law,sociology,or Development of a proposal to make a change in other closely related field, or shall demon- WHEREAS, the Code of Iowa requires that appearance. preser- municipal historic preservation commissions be strafe interesttleinthe area 1 of historichmembers established by ordinance; and Change in appearance: Any change or alter- vation. At least three (31 the members WHEREAS, the Code of the of Iowa ation of the exterior features of a building or shall hold appointments at large. Should requires that appeals thof decisions the Stateof the hiIowastor- change or alteration of the appearance of a the number of officially designated city ic preservation commissions be made hito the property within a historic district. This defini- historic districts exceed four(41 in number, tion shall pertain only to changes in appearance a new member shall be added to the corn- governing body;and which are visible from the public way or from mission for each new district in excess of WHEREAS, the recently adopted Code of adjacent properties, and for which a building, Ordinances of the City of Iowa City is inconsis- fourp14) d districts. The new Member shall be a demolition, house moving or other regulated appointed by the Council as soon as practi- tent with the Code of Iowa in this regard. permit is required for compliance with applica- cable after the official designation of the NOW,THEREFORE,BE IT ORDAINED BY THE ble city codes.' historic district triggering the operation of CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: the preceding clause. C. Members shall serve three-year terms. a of 3 D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. Sec.14-4C-6. PROCEDURES FOR THE DESIG- E. Public Hearing: After receiving the recom- E. Members may serve for more than one term NATION OF HISTORIC DISTRICTS: mendations of the State Historical Society and each member shall serve until the ap- A. Report Required: of Iowa on the proposed area and/or altered pointment of a successor. 1. The Commission must make a report to proposed area, the City Council shall pro- F. Members shall serve without compensation the Plan and Zoning Commission recom- vide notice of public hearing,as provided by except for any expenses deemed reasonable mending that an area be designated a law, and conduct a public hearing on the and budgeted by the Council. historic district. Before any report or ordinance establishing a historic district. G. A simple majority of the commission shall recommendation is submitted,the Corn- The Council may adopt or reject the ordi- constitute a quorum for the transaction of mission shall hold a public hearing on nance or may refer the historic district business. any proposal to designate an area as a designation to the Historic Preservation Sec. 14-4C-4. RULES OF THE COMMISSION: historic district. The Commission shall Commission for modification. If the City A. The Historic Preservation Commission shall give prior notice of the time,date,place, Council refers the historic district designa- elect from its membership a chairperson and and subject matter of such hearing. tion to the Historic Preservation Commission vice-chairperson whose term of office shall Such notice shall be served by ordinary for modification, the procedures described be one year. The chairperson and vice- mail addressed to each property owner in subsections A through D of this section chairperson may serve for more than one of land included within such proposed shall be followed,with the following excep- term. The chairperson shall preside over district at the owner's last known ad- tions: the Commission and have the right to vote. dress. If the address of any property 1. Unless substantial modifications are pro- The vice-chairperson shall, in cases of owner is unknown,such notice shall be posed, the public hearing requirement absence or disability of the chairperson, served by ordinary mail addressed to described in subsection A may be . perform the duties of the chairperson. "owner" at the street address of the waived. B. The City Manager shall designate a personproperty in question. The City Clerk 2. Only property owners affected by the 1 to serve as secretary to the Commission. shall file an affidavit of mailing setting Council's proposed modification shall be The secretary shall keep a record of at forth the date of mailing and the names notified by mail of the modification prior I applications for certificates of appropriate- and addresses of all property owners to action by the Historic Preservation ness,resolutions,proceedings, and actionsnotified pursuant to this Section. After Commission. of the Historic Preservation Commission. this public hearing the Commission shall Sec. 14-4C-7. APPLICATIONS FOR CERTIFI- ' C. The Commission shall recommend rules or submit its report to the Plan and Zoning CATES OF APPROPRIATENESS: • by-laws for the transaction of its regularCommission and shall include a A. Certificate Required: No individual or corpo-1 business to the City Council for adoption. proposed ordinance establishing such ration shall undertake a change in appear- i The Commission shall have the authority to • district and describing the boundary ance of a building or site within a desig- r adopt rules of procedure in connection with thereof. nated historic district for which a regulated;0- the approval or disapproval of certificates of 2. A copy of the report shall also be sub- permit is required, nor shall the Building. appropriateness subject to approval of the mitted to the State Historical Society of Official issue a regulated permit for a q City Council. Iowa or its successor for review and change in appearance of a building or site in D. The Commission shall keep a record,which recommendations concerning the pro• a designated historic district,unless a certif- shall be open to public view, of its resolu- posed area. Comments from the State icate of appropriateness or a certificate of tions,proceedings and actions. The vote or Historical Society regarding the pro- no material effect has been granted. OFFICIAL PUBLICATION posed area shall be received by the City B. Conditions of Certificate Issuance: The prior to the date of any action taken by chair of the Historic Preservation Commis- failure to vote of each member shall be the Plan and Zoning Commission. sion and the secretary of the Historic Pres- recorded. The concurring affirmative vote B. Plan and Zoning Commission Recommends- ervation Commission, or their designees, of a majority of those' members present tions: Within sixty 1601 days of the receipt may issue a certificate of no material effect shall be sufficient for a certificate of appro- of the report and the proposed ordinance if the work contemplated in the application priateness to be granted,or for the adoption from the Commission and recommendations will have no effect on any significant archi- of any resolution,motion or other action of from the State Historical Society of Iowa or tectural features of the building or on the the Commission. The Commission shall its successor, the Plan and Zoning Corn-. historic district. submit a report on its activities to the Coun- mission shall submit its recommendations to C. Application for Certificate; Review: cil and may make such recommendations to the City Council with respect to the relation 1. Application for a certificate of appropri- the Council as it deems necessary to carry of such designation to the Comprehensive ateness shall be made to the Building out the principles of this article. Plan, Zoning Ordinance', proposed public Official. The application should include Sec. 14-4C-5. POWERS OF THE COMMIS- improvements and other plans for the re- drawings, photographs, sketches ,nd SION: newel of the area involved. The Plan and other exhibits portraying the work to be A. The Commission shall be authorized to con- Zoning Commission shall recommend ap- accomplished which will assist the His- duct studies for the identification and desig- proval, disapproval or modification of the toric Preservation Commission in the nation of historic districts meeting the proposed historic district. The Historic consideration of the application. definitions established by this article. The Preservation Commission shall be advised of the anymodifications to the proposed historic 2. Upon the filing of such application, commissionrupon may proceeditionfrom its any pinion- BuildingOfficial shall immediately notify live or a petition person, district which are recommended to the City 'group or association. Council by the Plan and Zoning Commission. the Historic Preservation Commission of C. Cit Council Review: If the area of the the receipt of such application and shall B. The Commission shall make a recommends- y with accompanying tion to the office of the State Historical proposed historic district as approved by the transmit it,together Society of Iowa for the listing of a historical Historic Preservation Commission is altered plans and other information,to the Corn- or site in the National Registertaof by the Plan and Zoning Commission, the mission. Historic Places and shall conduct a public City Council shall submit a description of 3. All applications received before the clos- hearing thereon, the altered proposed area or the petition ing date,to be established by the Com- mission, shall be considered by the C. The Commission shall review and act upon describing the area, to the State Historical Commission at its next regularly sched- all applications for certificates of appropri- Society of Iowa or its successor for review tiled meeting. The Commission shall ateness, pursuant to section 7 of this Arti- and recommendations concerning the al- cle. tered proposed area. review the application,according to the duties and powers specified herein. In D. The Commission shall cooperate with prop- D. State Recommendations: The recommends- reviewing the application,the Commis- erty owners and city agencies pursuant to tions from the State Historical Society of sion may confer with the applicant or the provisions of section 8 of this Article. Iowa concerning the proposed area or al-' the applicant's authorized representa- E. The Commission shall further the efforts of tered proposed area shall be received by the tive. In acting upon an application,the historic preservation in the city by making City prior to setting a public hearing con- Commission shall consider whether the recommendations to the City Council and ducted by the City Council on an ordinance change in appearance to a building or city commissions and boards on preserve- establishing a historic district. Any recom- site proposed by the application con- tion issues when appropriate,by encourag- mendations made by the State Historical forms to standards set forth in the Janu- ing the protection and enhancement of Society of Iowa shall be made available by ary,1979 edition of the Secretary of the structures with historical, architectural or the City to the public for viewing during Interior's"Standards for Rehabilitation" cultural value, and by encouraging persons normal working hours at a City government or subsequent revisions thereof. The and organizations to become involved in place of public access. Commission may use the Secretary of preservation activities. the Interior's"Guidelines for Rehabilitat- F. The Commission shall not obligate itself or ing Historic Buildings" or subsequent the City of Iowa City in any financial under- revisions thereof or other guidelines taking unless authorized to do so by the adopted by the Commission to aid in City Council. determining whether the proposed change in appearance to a building or site conforms to the Secretary of the Interior's"Standards for Rehabilitation." .-3. oma• yy-31o3c., 3 di3 D. Approval or Disapproval of Certificate: The Commission shall approve,modify,or disap- B. The Commission shall have the power to prove the application. The findings of the require that changes or alterations not Commission on each application shall be adversely affect the exterior features of a contained in a written resolution setting building in cases where the danger to life, forth the full reason for its decision and the health or property may be abated without vote of each member participating therein. detracting from the exterior features of the Such resolution shall be placed on file for building. In such cases, it shall be the public inspection in the office of the City responsibility of the Commission and the Clerk within five(5)business days after the . City enforcement agency or department to meeting at which the application was acted - cooperate with the property owner in an upon. Thereafter, a copy of the resolution attempt to achieve a preservation solution shall be sent to the applicant by ordinary whereby the dangerous conditions will be mail. If the application is approved or ap- corrected with minimal adverse impact on proved with modifications acceptable to the exterior features. Such plan shall be ap- applicant, a certificate of appropriateness proved by the Commission and shall be will be issued, signed by the chairperson, signed by the chair of the Commission,the and immediately transmitted along with the application to the Building Official. If the property owner, and the head of the City application is disapproved, the application enforcement agency or department. will be immediately transmitted, along with C. If a solution acceptable to the Commission, the written resolution of the Commission's the City enforcement agency or department, findings,to the Building Official. and the property owner cannot be reached E. Appeal to the City Council: Any applicant within thirty (301 days or a period of time aggrieved by any decision of the Commis- acceptable to the City enforcement agency sion may appeal the action to the City or department, the agency or department Council. Such an appeal must be in writing shall proceed to issue and enforce its pro- and must be filed with the City Clerk no posed order. later than ten (10) business days after the Sec. 14.4C-9. COMPLIANCE WITH ZONING filing of the above-mentioned resolution. REGULATIONS: The City Council shall,within a reasonable Any new building shall conform to all setback time, hold a public hearing on the appeal, requirements of the zone in which it is to be give public notice as required by State law, built or moved.' However, if a building has as well as provide written notice to the been damaged or destroyed due to fire,explo- applicant and to the appellant, if different sion, act of God br other natural disasters, it from the applicant, and decide the appeal may be placed upon its original foundation or within a reasonable time. In deciding such the site of the original foundation regardless of appeal, the City Council shall consider the extent of damages, provided it is recon- whether the Commission has exercised its strutted as near as possible to the original powers and followed the guidelines estab- exterior design.' lished by law and this Article,and whether Sec. 10. PENALTIES: violation Commission's action was patently arbi- Any violation of this Chapter shall be consid- trary or capricious. In exercising the above- ered a simple misdemeanor or Municipal Infrac- mentioned powers the City Council may,in tion or environmental infraction as provided for conformity with the provisions of this Arti- in Title 1, Chapter 4 of the City Code. cle, reverse or affirm,.wholly or partly, or SECTION II. REPEALER. All ordinances and may modify the order, requirement, deci- parts of ordinances in conflict with the provi- sion, or determination appealed from and sions of this Ordinance are hereby repealed. may make such order,requirement,decision SECTION III. SEVERABILITY. If any section, or determination as ought to be made,and provision or part of the Ordinance shall be to that end shall have the powers of the adjudged to be invalid or unconstitutional,such Commission from whom the appeal is taken. adjudication shall not affect the validity of the Ordinance as a whole or any section,provisior F. Judicial Appeal: If not satisfied with the or part thereof not adjudged invalid or unconsti decision of the City Council, the appellant tutional. may appeal to the Johnson County district court within thirty (30) days after the SECTION IV. EFFECTIVE DATE. This Ordi- Council's decision. nance shall be in full force and effect after its G. Compliance with Certificate Required: final passage, approval and publication, in Certificates of appropriateness issued on the accordance with law, on September 1, 1994. basis of approved applications authorize Passed and approved this 30th day of only changes in appearance set forth in August, 1994. such approved applications and no other changes in appearance. It shall be the duty :- — I/rl1"' -- of of the Building Official or designee to in- AYOR �y�"" !J spect, from time to time, any work per- ATTEST:Cqu -.J� Tt ie formed pursuant to such a certificate to CITY CL RK ensure compliance with the requirements of 8348 September 7.1994 such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop-work order. Any change in appearance at variance with that autho- rized by the certificate shall be deemed a violation of these regulations. Sec. 14-4C-8. REMEDY OF DANGEROUS CONDITIONS:' A. Except for emergencies as determined by the Building Official pursuant to the ordi- nances of the City,City enforcement agen- cies and departments shall give the Historic Preservation Commission at least thirty(30) days' notice of any.proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building. - • • pfd TD/2-- ORDINANCE D/LORDINANCE NO. 94-1617 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "BUILDING CODE" BY ADOPTING A NEW SECTION 8-17(28) AND RENUMBERING THE REMAINDER OF THE SECTION. WHEREAS, the City of Iowa City wishes to encourage business owners to make their establishments accessible to people with physical disabilities, and WHEREAS, in some cases, it may be appropriate to locate building features which provide accessibility within the city right-of-way, and WHEREAS, the Uniform Building Code as adopted by the City of Iowa City currently prohibits such intrusions into the right-of-way,and WHEREAS, the Board of Appeals has reviewed the proposed amendment to the Building Code and recommends its adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENTS. Chapter 8, Article II entitled "Building Code" of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adopting a new Section 8-17(28) and renumbering the remainder of the Section to read as follows: (28) Add a new section 4508 as follows: ACCESSIBILITY. Section 4508. Doors, ramps, lifts, and other building features which are designed to provide accessibility for the physically disabled may project into public property beyond the limits of this chapter. Any such projection shall be reviewed and approved by City Council prior to its construction. 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 unconsti- tutional. �`l Ordinance No. 94-3637 Page 2 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 30th day of August, 1994. M•YOR • // ATTEST: 2Qate4d ? • CITY CLERK Appr• ed by /- r Attorney's • ice (r/ hisblg\ch8-17.ord � �1 3 Ordinance No. 94-3637 Page 3 It was moved by Kubbv and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick x Pigott x Throgmorton • First Consideration Rp/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: Throgmorton. Second Consideration Vote for passage: Date published 9/7/94 Moved by Kubby, seconded by Pigott, 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: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. 3* • r•r'• ' �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. 94-3637 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of August , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 7th day of September 19 94 Dated at Iowa City, Iowa, this 3rd day of October 19 94 JASOM ( 1t Susan Walsh Deputy City Clerk lwSah.c i CIVIC 0 CENTER • 11 E. WASHINGTON ST. IOWA CITY E • 10 52240-1126 t26 20 PHONE (319) 356-5000 FA%(319) 356-1009 v ' 3y oIn . Qy-3637 OFFICIAL PUBLICATION ORDINANCE NO. 94-3637 AN ORDINANCE AMENDING CHAPTER 8, -., -7 ARTICLE II,OF THE CODE OF ORDINANCES Printer's fee $ r ' , _ OF THE CITY OF IOWA CITY,IOWA,ENTITLED 'BUILDING CODE' BY ADOPTING A NEW CERTIFICATE OF PUBLICATION SECTION REMAINDER OF8) AND THE SECTION. THE STATE OF IOWA, Johnson County, ss: WHEREAS, the City of Iowa City wishes to THE IOWA CITY PRESS-CITIZEN encourage business owners to make their FED. ID # 42-0330670 establishments accessible to people with physical disabilities,and WHEREAS, in some cases, it may be I, appropriate to locate building features which Margaret Rios, being duly sworn, provide d ide accessibility within the city right-ol-way, say that I am the legal clerk of WHEREAS, the Uniform Building Code as the IOWA CITY PRESS-CITIZEN adopted by the City of Iowa City currently prohibits such intrusions into the right-of-way,and a newspaper published in said WHEREAS, the Board of Appeals has reviewed the proposed amendment to the county, and that a notice, a Building Code and recommends its adoption. printed copyof which is hereto NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, attached, was published in said IOWA,THAT: SECTION I. AMENDMENTS. Chapter 8, paper time(s), on the Article II entitled"Building Code'of the Code of following date(s): Ordinances of the City of Iowa City,Iowa,be and the same is hereby amended by adopting a new Section 8-17(28)and renumbering the remainder I�� of the Section to read as follows: "`��� /// (28) Add a new section 4508 as follows: • ACCESSIBILITY.Section 4508.Doors,ramps, lifts, and other building features which are designed to provide accessibility for the physically (%A 1 disabled may project into public property beyond Or G...4_,,e. .4-0' G the limits of this chapter. Any such projection LegalClerk shall be reviewed and approved by City Council g pnor to its construction. SECTION II. REPEALER. All ordinances and Subscribed and sworn to before me parts of ordinances in conflict with the provisions of this Ordinance are herebyrepealed. SECTION III. SEVERABILITY. If any section, this day of S i , A.D. provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such 19 /�. 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. ` ..._.......,41- ,'MOP SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, �"tS Fuhlic approval and publication.as provided by law. `� r SHARON STUBBS o Passed and approved this 30th day of = r MY COMMISSION EXPIRES August, 1994. 2-15-97 vvt -. /. -Lam .,.... - YOR • ATTEST: 72f� s) A< 4�`'� CITY CLERK • 8347 September i.1994 ).`� Cd . ORDINANCE NO. 94-3638 Ni AN ORDINANCE TO AMEND CHAPTER 27, IOWA CITY CODE OF ORDINANCES, 'PLANNING' BY ADDING ARTICLE VI, DESIGN REVIEW. WHEREAS, the City of Iowa City continues to carry out an urban renewal project known as Iowa R-14, and WHEREAS, the City of Iowa City established a design review process when evaluating projects within the urban renewal area, and WHEREAS, the City of Iowa City deems it necessary and appropriate to establish formal design review procedures and guidelines to use when evaluating projects within the urban renewal area and to assist the City of Iowa City with other urban design related projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Chapter 27 of the Iowa City Code of Ordinances is amended by the adoption of the following new article: ARTICLE VI. DESIGN REVIEW Sec. 27-91. Purpose and intent The purpose of this article is to: (a) Promote the public health, safety and general welfare of the citizens of the City. (b) Promote orderly community growth, protect and enhance property values, and encour- age both harmonious and innovative design. (c) Protect and enhance the social, cultural, economic, environmental, and aesthetic development of the community. (d) Recognize environmental and aesthetic design as an integral part of the planning process. (e) Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, and for the beauty and balance of the community. These objectives are, therefore, the proper and necessary concerns of local government. Sec. 27-92. Applicability (a) The City Council shall designate, by ordinance, areas of the City as areas subject to design review. Projects located in the following areas and which include any exterior alterations or new construction visible from a public right-of-way shall be subject to the design review process: (1) Urban Renewal Project, Iowa R-14. Exterior alterations or new construction occurring on all parcels that were acquired and/or disposed of by the City of Iowa City as part of the urban renewal project known as Iowa R-14. Also, public right-of-way improvements occurring within and adjacent to the urban renewal area designated as Urban Renewal Project, Iowa R-14. 35 2 (2) City Plaza. Projects designated as requiring design review by Chapter 9.1, City Plaza Ordinance, Iowa City Code of Ordinances and public improvements to City Plaza. Ordinary maintenance or repair that does not involve changes in architecture and general design, arrangements, texture, material, or color are exempted. (b) The City Council may request advice and recommendations from the Design Review Committee on projects located outside of designated areas. (c) Property owners in the CB-10, CB-5 and CB-2 zones may request advice from the Design Review Committee, but such advice shall be purely advisory. Sec. 27-93. Procedures (a) Initiating review. Prior to issuance of a sign permit for an exterior sign or of a building permit to alter the exterior of an existing structure subject to the design review process or to construct a new building that is subject to the design review process, the project shall require the review of the Design Review Committee and the approval of the City Council. (b) Design guidelines for review of applications. Design guidelines adopted by the Design Review Committee and the City Council, and found in Sec. 27-95 of this Article shall apply. (c) Review process: (1) Preliminary review. Prior to application for a permit, the applicant may request preliminary review by the Design Review Committee to discuss basic intentions and plans before investing time in detailed designs. This step is optional but recommended for large or complex projects. The applicant is encouraged, but not required, to submit the application materials listed in Sec. 27-94 of this Article (2) Final application and review. a. Application submission. Prior to or upon submittal of an application for a sign permit for an exterior sign or for a building permit to alter the exterior of an existing structure or to construct a new building, any of which require design review approval as designated in Sec. 27-92 of this Article, a design review application shall be submitted to the De- partment of Housing and Inspection Services for design review approv- al. The Department will forward the application to the Design Review Committee staff person within two (2) working days after the Depart- ment receives the completed application. Within thirty days (30) of submission of the application materials, the Design Review Committee shall make a recommendation to the City Council, or the application shall be deemed as receiving a recommenda- tion of approval from the Design Review Committee; provided, however, that the applicant may agree to an extension of time. 35 3 b. Committee review. The Committee's findings on each application shall be set forth in a formal motion either recommending approval, recom- mending approval with conditions, or recommending disapproval. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any recommendation. The Committee shall then forward its recommendation to the City Council. c. City Council review. The City Council shall, after receipt of the recom- mendation of the Committee, or after the time of any extension thereof has passed for the Committee to file their recommendation, make ap- proval or rejection of the application. City Council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. The City Council's findings on each application shall be set forth in a written resolution, to be filed in the office of the City Clerk as public record. (3) Revisions to Approved Design Plans. If the building application deviates from approved design plans, the Department of Housing and Inspection Services shall inform the Design Review Committee staff person who shall then determine if the proposed changes are substantive. Substantive changes to approved design plans require submittal of those changes to the Design Review Committee and the steps of this section fol- lowed. Sec. 27-94. Submittal requirements (a) Preliminary review submittal requirements. Preliminary submittals may contain any elements called for in the final application submittal section, at the option of the applicant. (b) Final application and review submittal requirements. The following are submittal requirements for all projects subject to design review. Ten copies of all drawings and written materials must be submitted along with the design review application. These drawings may be design drawings, though construction (working) drawings may be substituted for design drawings. All submittal documents should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. In addition to the following submittal requirements, each application shall contain the name and address of the applicant, address of the project, name and address of the property owner, a project description, and a project time schedule. Proposals shall not be presented open-ended, and neither staff nor Design Review Committee shall design the project. (1) Site analysis & site plan. The following information must be presented on one or more drawings, accompanied by photographs or written description as may be needed. a. Existing site condition information. Site boundaries with dimensions; building setback lines and easements; existing streets, sidewalks and public rights-of-way; existing structures and other significant built im- provements. 35 4 b. Site and neighboring environment. Provide photographs of the existing site and site conditions on adjacent properties within 100 feet of pro- posed changes. Include photos of views to and outlooks from the site. Clearly label each photograph. c. Proposed boundaries and public improvements. Show site boundaries, building setback lines, public streets and sidewalks, other proposed public improvements (curbs, gutters, curb cuts), including dimensions. d. Proposed streets, driveways, sidewalks and parking areas within the site. Include dimensions of parking areas and width of streets, drive- ways, and sidewalks. Show location and label materials of areas for special paving such as walkways, courtyards, patios, and arcades. For parking areas show layout of spaces, areas of landscaping, dimen- sions of spaces and aisles, arrows indicating direction of flow and num- bers for parking spaces. e. Proposed structures. Show location and dimensions with respect to lot lines, including fences, walls and accessory buildings proposed and also including heights of fences and walls. f. Show location of dumpsters and loading areas. (2) Landscaping plan Show at same scale as Site Plan. This may be combined with the Site Plan in Subsection (1) above, as long as all site plan elements and landscaping ele- ments are easily discernible. a. Existing trees five (5) inches or more in diameter with their proposed disposition, i.e., to be retained or removed. Give species and trunk diameter of each. b. Location, species names, including common and Latin names and size of all new plant materials at planting-gallon or box size. Use symbols and a legend as necessary. Ground cover may be indicated in mass. (3) Building elevations a. Show all project elevations visible from public right-of-way or sidewalk. b. Note all finish materials on drawings and provide color samples. c. Dimensions of building heights from finish grade. d. Dimensions of all exterior walls and fences, including heights. e. Location, type and size of signs. f. Location of mechanical equipment, roof equipment, electrical transform- ers and solar panels, including means of screening roof equipment. 35 5 (4) Sections Provide at least one sectional drawing at a suitable scale to show relationship of buildings to the site, public street and parking area. (5) Signs Provide a scaled drawing of each proposed sign with exterior dimensions and mounting height. Give total area of each sign. a. Draw or provide sample of letters and logos, and the full message to appear on the sign. b. Describe materials and colors of background and letters. c. Give means and magnitude of illumination. (6) Lighting Plan Provide a site lighting plan, which can be combined with other required docu- ments, indicating location, type, fixture height, power rating and shielding methods. Show elevation drawing or manufacturer's photo of each fixture, including its material and color. (7) Additional Information Additional information, drawings or other materials necessary to describe the project may be requested by the Design Review Committee staff person or Design Review Committee depending on the nature of the project or site. The applicant may include additional information or materials such as sketches, videos, models or photos if they help explain the proposal. The Design Review Committee staff person may, at the staff's discretion, waive any of the submittal requirements if the nature of the project warrants. Sec. 27-95. Guidelines When reviewing a project subject to design review, the Design Review Committee and City Council shall adhere to the following guidelines. In no case may these guidelines be used to attempt to replace or override the requirements of the Iowa City Zoning Ordinance. (a) Definitions of terms (1) Compatibility: Harmony in the appearance of two or more buildings, structures, and landscape developments along the same streetscape. (2) Harmony: An aesthetically pleasing image resulting from an arrangement of various architectural and landscape elements. (3) Landscape: Elements of nature, topography, buildings, and other man-made objects viewed in relation to one another. (4) Scale: The relationship of the size of elements to one another and to the human figure. (5) Streetscape: The scene of a public street or way composed of natural and man-made elements, including buildings, paving, plantings, street furniture, and miscellaneous structures. 35 6 (6) Screening: Structures and/or plantings which conceal an area from view from a public way. (7) Miscellaneous Structures: Structures, other than buildings, visible from public ways. Examples are: memorials, antennas, sheds, shelters, fences and walls, transformers, drive-up facilities. (8) Street Furniture: Man-made objects other than buildings which are part of the streetscape. Examples are: benches, litter containers, planting containers, sculptures, vending machines and newspaper dispensers. (b) Building design le . __. ill (117.it or% 4 iii11011111 %III 7-Sor111 to" 0 0.10 Undesirable Architectural Multi Planed Roofs and Awnings Treatment Add Visual Interest (1) The project evaluation will be based on the architectural concepts of the design and the project's relationship to and compatibility with surrounding buildings and site features. (2) Renovated buildings should retain the original architectural style and the essen- tial and prominent features and materials of the original facade. -_:_.mss: ------- --- =——'' ri r1 r� • r1 —.7:1;::{ '� IN NI .fl'4 .r-r .. • L.. LJ LJ LJ LJ '.._._ Sy„ rr-rr 1 _ _ Iii III �=M :i[ (3) Alignment of the horizontal and vertical architectural features on building fronts is desirable so as to enhance the visual continuity of the streetscape. R q R --- •III R Window Rhythm g 11 0Q1 `II MU 111411 rine nnr1 ___ r— --fir---li- -1 Storefront Alignment 35 7 (4) The development of the first floor level should provide visual interest to and interaction with pedestrians through the use of such features as windows, doors and lighting. Blank stretches of walls will be discouraged. lirtv,zti ii Ok .� 1.° d ii i oorg �. e° • - r--•=soir---1 ii 41 (5) Exterior lighting and fixtures should blend with the architectural design. They should provide adequate illumination for safety purposes without excess glare. (6) Colors should be an integral part of the architectural style. (7) Rooftop equipment should blend with building design or be screened. a n jScreening j Equip) Roof I1If_fi I Screening ,, Roof 9Air Equip ,sir ir 35 8 (c) Relationship of building to site (1) The project should integrate with adjoining properties, provide a transition between the project and pedestrian uses, and provide appropriate landscaping. \ \ ` dd .i d Int' O a , . 1 ii\ .4.3.. a• }..: I� • ' Ana. m—_ o : \ (2) Parking and service areas should blend with the street frontage or be screened from public view. (3) The height and scale of each building should be compatible along a street frontage to preserve the character of the street. Rhythm and proportion of buildings, doors, windows, and other projections should be considered. t t1 I I I I I t --------- - - - ! II .mi .iii' - _ s. • . 1 - u PER ER 5 BE . (4) Building materials, colors, textures, lines and masses should harmonize with adjoining buildings and sites. (5) Site grading work should blend with surrounding site grades. Building Building Walk I Walk Parking _4 —j Parking Desirable Undesirable 35 9 (d) Landscaping r Cute N —�_ I ae - t iiih ; : , . , $ -- . Sea Unit LNe i a 0 I er, . ( ! C. lit W Screen Penclrc,� m i/Pr� Screen �.. ¢. � ,,„is,m Sod 11111 T.HC 1 OP ' ' I i'An Building ;',. ea I $i`'al'= 9 \`�� 5 e6 Plant List B Key: II 10 0 glade Trees, . � J Dty. Key Common Nane,eotanlcal Norse Description ,' ss--r; F Lar'--' T' 3 off PN Oak 0 aVerW4 Im5V1s) 2 lO Col'per �) I .1 tONO) .�®, 3' Tree$Ixe) I '� ^�4� I OR Red Oak(GVercm rubra) 3'Caliper \ ijm^� LYS . Sc. IOP Evergreen Trees. �g Lye, ■.nen; 11 3 PS hNlte Pine(Pins sVOLvfI R'Mt. �- �� -- j C Ll'ronentol Trees. 1'l'„t6 A6 Amur Maple(Acer gwelal , i ',fill 11114 II y. (0 Evergreen 5nrvbs, W n 11G 'Compact'Andorra.Lnlper 24 Gonto:er - (Jnlperus norizontans plumose”'Crnrpactusy DOCIWws thrvbs. Clarke Street 35 �` Sentra Wawa•Gar" PlBalled a3onceapt (E,.ar Pe ea Esontime vs' Plant a 3'on center Example of a Landscape Plan (1) Landscaping should enhance and complement architectural features and im- prove the visual and aesthetic quality of the streetscape. 35 10 (2) In locations where plants may be susceptible to injury by pedestrian or motor traffic,they should be protected by appropriate curbs, raised planting surfaces, tree guards, or other devices. re 4 .y Vi C1\ iT 1 W Tree Guard 111 I • Tree Grate .; +rr uv mr!� (3) Paved areas, such as sidewalks and parking spaces, should be designed to facilitate the safe and efficient circulation of pedestrians and vehicles. (4) Service yards, trash receptacles and storage areas should be screened by buildings, fencing, plantings, walls or an appropriate combination of these. (5) Existing natural features should be maintained and incorporated into site design if possible., (6) Street furniture and miscellaneous structures should be integrated with the architectural concept. Their design should be compatible with surrounding buildings and streetscape in scale, materials and color scheme. (e) Signs (1) All signs and graphic symbols should relate to the building's design, character, color scheme, materials and purpose and should be compatible with signs on adjoining buildings. de 18A00 -. NOS :;,,, t" — 1 IWOpflt d U SHOPS= IIIIIIII _ . . — — 35 11 (2) The number and size of signs should be minimized in order to avoid visual clutter and to preserve the character of the street facade. • mamas i =41i iluiuii $AGN T .© _ . -. cis _ SIGNIDA li] Desirable Undesirable (3) Multiple occupancy buildings, such as shopping centers and office complexes, should develop "signage programs" that promote integrated design and equita- ble space and size distribution. (4) External or flood lighting should complement the project design. (5) Signs producing excessive glare should be avoided. (6) Lettering and graphic styles should be in keeping with the project's design and character. (f) Canopies & Awnings (1) Canopies and awnings must respect the style and character of the structure on which they are located, particularly in the material and color. (2) The highest point of a canopy/awning or its superstructure shall not be higher than the midpoint of the space between the second story window sills and the top of the first floor storefront window, awning, canopy, or transom. • wxmluuuuunminmuiomuluiiu1liluml li(:umnilIDtlilWiirl uuummiErr (I m a lig ii1 RR ti. u, 1C• C('� is. iiili id !! Hi L" i� R NI iii illi iii N SEI id i l -e_- -mow— w�-n- ,,,,, ` 1/ua/ f<//1nTs. .% 7iio�. ' ��tamp! �r..�ir//i �� air IOcr'i. 'n ll 4�n(r/ii lime III �/,%v9/ p!�irr.r./, itriii Desirable Undesirable 35 12 Sec. 27-96. Violations Any violation of this Chapter shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Chapter 1 of the City Code. 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 uncon- stitutional. 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 13th day of September, 1994. . — MAYOR / ATTEST: a�.ta-,� 9�• 71 +� C' TY CLERK Approved byAdev.... (/ City Attorney's Office Oc�t/jl'f! ecodev\dreotd.leg W Ordinance No. 94-3698 Page i It was moved by Throgmorton and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz • x Kubby x Lehman x Novick x Pigott x _ Throgmorton First Consideration 8/2/94 Vote for passage: AYES: Lehman, Novick, Pigott, Horowitz, Baker, Kubby. NAYS: None. ABSENT: Throgmorton. Second Consideration 8/30/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Date published 9/21/94 • • 35 LI jEJTET 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. 94-3638 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of September , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of September 19 94 • Dated at Iowa City, Iowa, this 3rd day of October 19 94 4,C.Z)CLA1x (�,a Susan Walsh Deputy City Clerk lwi,h.crt • a CIVIC CENTER • 410 C WASHINGTON ST. PHONE ( ) 350-5000 IOWA CITY IOWA 52240-1426 FAX(319) 356-5009 v /^ 020 . 9y-30? / q8 Printer's fee $ 3.2/o?d CERTIFICATE OF PUBLICATION STATE OF IOWA,Johnson County, ss: THE IOWA CITY PRESS-CITIZEN FED. ID#42-0330670 I, Margaret Rios, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _� time(s), on the following date(s): J0/.7_7g, , / 9 91r Legal Clerk Subscribed and sworn to before me thisj.day of\-C-.7 1`i , A.D. 19 r • 1 ' blic SHARON STUBBS MY COMMISSION EXPIRES 2.35.97 ORD. N-36; OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO, 94-363802 g AN ORDINANCE TO AMEND CHAPTER 27,IOWA CITY CODE OF ORDINANCES.'PLANNING'I BY ADDING ARTICLE VI,DESIGN REVIEW. WHEREAS, the City of Iowa City continues to carry out an urban renewal project known as Iowa R-14, and WHEREAS,the City of Iowa City established a design review process when evaluating projects within the urban renewal area,and WHEREAS, the City of Iowa City deems it necessary and appropriate to establish formal design review procedures and guidelines to use when evaluating projects within the urban renewal area and to assist the City of Iowa City with other urban design related projects. NOW.THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Chapter 27 of the Iowa City Code of Ordinances isi amended by the adoption of the following new article: ARTICLE VI. DESIGN REVIEW Sec.27-91. Purpose and intent The purpose of this article is to: (al Promote the public health, safety and general welfare of the citizens of the City. (b) Promote orderly community growth,protect and enhance property values,and enccur-I age both harmonious and innovative design. lc/ Protect and enhance the social, cultural, economic, environmental, and aesthetic development of the community. OFFICIAL PUBLICATION OFFICIAL PUBLICATION Id) Recognize environmental and aesthetic design as an integral part of the planning process. I (e) Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, end for the beauty and balance of the community. These objectives are, therefore, the proper and necessary concerns of local government. Sec.27-92. Applicability (a) The City Councilshall designate,by ordinance,areas of the City es areas sublect to design review. Projects located in the following areas and which include any exterior alterations or new construction visible from a public right-of-way shall be sublect to the design review process: I1) Urban Renewal Project, Iowa R-14. Exterior alterations or new construction occurring on all parcels that were acquired and/or disposed.of by the City of Iowa City as part of the urbah renewal project known as Iowa R-14. Also, public right-of-way improvements occurring within and adjacent to the urban renewal area designated as Urban Renewal Project, Iowa R-14. (2) City Plaza. Projects designated as requiring design review by Chapter 9.1,City Plaza Ordinance, Iowa City Code of Ordinances and public improvements to City Plaza. Ordinary maintenance or repair that does not involve changes in architecture and general design,arrangements,texture,material,or color are exempted. (b) The City Council may request advice and recommendations from the Design Review Committee on projects located outside of designated areas. (c) Property owners in the CB-10, CB-5 and CB-2 zones may request advice from the Design Review Committee, but such advice shall be purely advisory. Sec.27-93. Procedures (a) Initiating review. Prior to issuance of a sign permit for an exterior sign or of a building permit to alter the exterior of an existing structure subject to the design review process onto construct a new building that is subject to the design review process,the project shall require the review of the Design Review Committee and the approval of the City Council. WI Design guidelines for review of applications. Design guidelines adopted by the Design Review Committee and the City Council, and found in Sec.27-95 of this Article shall apply. (c) Review process: ORo. q 4.30s (1) Preliminary review. Prior to application for a permit,the applicant may request preliminary review by the Design Review Committee to discuss basic intentions 3 / /� and plans before investing time in detailed designs. This step is optional but l�•I/ TU1 recommended for large or complex projects. The applicant Is encouraged,but not required, to submit the application materials listed in Sec. 27-94 of this Article 121 Final application and review. a. Application submission. Prior to or upon submittal of an application for a sign permit for an exterior sign or for a building permit to alter the exterior of an existing structure or to construct a new building, any of which require design review approval as designated in Sec.'27-92 of this Article, a design review application shall be submitted to the De- partment of Housing and Inspection Services for design review approv- al. The Department will forward the application to the Design Review Committee staff person within two (2) working days after the Depart- ment receives the completed application. Within thirty days(30) of submission of the application materials, the Design Review Committee shall make a recommendation to the City Council,or the application shall be deemed as receiving a recommenda- tion of approval from the Design Review Committee;provided,however, that the applicant may agree to an extension of time. b. Committee review. The Committee's findings on each application shall be set forth in a formal motion either recommending approval, recom- mending approval with conditions, or recommending disapproval. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any recommendation. The Committee shall then forward its recommendation to the City Council. c. City Council review. The City Council shall,after receipt of the recom- mendation of the Committee,or after the time of any extension thereof has passed for the Committee to file their recommendation, make ap- proval or refection of the application. City Council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. The City Council's findings on each application shall be set forth in a written resolution,to be filed in the office of the City Clerk as public record. (3) Revisions to Approved Design Plans. If the building application deviates from approved design plans,the Department of Housing and Inspection Services shall inform the Design Review Committee staff person who shall then determine if the proposed changes are substantive. Substantive changes to approved design plans require submittal of those changes to the Design Review Committee and the steps of this section fol- lowed. Sec.27-$4. Submittal requirements (a) Preliminary review submittal requirements. Preliminary submittals may contain any elements called for in the final application submittal section. at the option of the applicant. (b) Final application and review submittal requirements. The following are submittal requirements for all projects subject to design review. Ten copies of all drawings and written materials must be submitted along with the design review application. These drawings may be design drawings, though construction (working)drawings may be substituted for design drawings. All submittal documents should follow accepted conventions of drawing namely all drawings should be clearly labeled,scales shown, north arrow on plans,clear and readable linework,and should be as clear as possible. In addition to the following submittal requirements,each application shall contain the name and address of the applicant, address of the project, name and address'of the property owner,a project description,and a project time schedule. Proposals shall not be presented open-ended,and neither staff nor Design Review Committee shall design the project. I1) Site analysis&site plan. The following information must be presented on one ' or more drawings,accompanied by photographs or written description as may be needed. a. Existing site condition information. Site boundaries with dimensions; building setback lines and easements; existing streets, sidewalks and public rights-of-way; existing structures and other significant built im- • provements. b. Site and neighboring environment. Provide photographs of the existing site and site conditions on adjacent properties within 100 feet of pro- posed changes. Include photos of views to end outlooks from the site. Clearly label each photograph. c. Proposed boundaries and public improvements. Show site boundaries, building setback lines, public streets end sidewalks, other proposed public improvements(curbs,gutters,curb cuts), including dimensions. d. Proposed streets, driveways, sidewalks and parking areas within the site. Include dimensions of parking areas and width of streets, drive- ways, and sidewalks. Show location and label materials of areas for special paving such as walkways.courtyards, patios, and arcades. I �G For parking areas show layout of spaces, areas of landscaping,dimen- Q��-9y 3 G 3 I vans of spaces and aisles,arrows indicating direction of flow and num- bers for parking spaces. e. Proposed structures. Show location and dimensions with respect to lot lines,including fences,walls and accessory buildings proposed and also including heights of fences and walls. f. Show location of dumpsters and loading areas. (2) Landscaping plan Show at same scale as Site Plan. This may be combined with the Site Plan in Subsection 111 above, as long as all site plan elements and landscaping ele- ments are easily discernible. a. Existing trees five 151 inches or more in diameter with their proposed disposition, i.e., to be retained or removed. Give species and trunk diameter of each. b. Location,species names,including common and Latin names and size of all new plant materials at planting-gallon or box size. Use symbols and a legend as necessary. Ground cover may be indicated in mass. 131 Building elevations a. Show all project elevations visible from public right-of-way or sidewalk. b. Note all finish materials on drawings and provide color samples. c. Dimensions of building heights from finish grade. d. Dimensions of all exterior walls and fences,including heights. e. Location,type and size of signs. f. Location of mechanical equipment,roof equipment,electrical transform- ers and solar panels, including means of screening roof equipment. (4) Sections Provide at least one sectional drawing at a suitable scale to show relationship of buildings to the site,public street and parking area. OFFICIAL PUBLICATION OFFICIAL PUBLICATION (51 Signs Provide a scaled drawing of each proposed sign with exterior dimensions and mounting height. Give total area of each sign. a. Draw or provide sample of letters and logos, and the full message to appear on the sign. 3) b. Describe materials and colors of background and letters. c. Give means and magnitude of illumination. 16) Lighting Plan Provide a site lighting plan,which can be combined with other required docu- ments, indicating location, type, fixture height, power rating and shielding methods. Show elevation drawing or manufacturer's photo of each fixture, including its material and color. 17) Additional Information Additional information, drawings or other materials necessary to describe the project may be requested by the Design Review Committee staff person or Design Review Committee depending on the nature of the projector site. The applicant may include additional information or materials such as sketches, videos, models or photos if they help explain the proposal. The Design Review Committee staff person may, at the staff's discretion, waive any of the submittal requirements if the nature of the project warrants. Sec.27-95. Guidelines When reviewing a project subject to design review,the Design Review Committee and City Council shall adhere to the following guidelines. In no case may these guidelines be used to attempt to replace or override the requirements of the Iowa City Zoning Ordinance. (al Definitions of terms (1) Compatibility: Harmony in the appearance of two or more buildings,structures, and landscape developments along the same streetscape. (2) Harmony: An aesthetically pleasing image resulting from en arrangement of various architectural and landscape elements. 131 Landscape: Elements of nature,topography, buildings, and other man-made objects viewed in relation to one another. (4) Scale: The relationship of the size of elements to one another and to the • human figure. (5) Streetscape: The scene of a public street or way composed of natural and man-made elements,including buildings,paving,plantings,street furniture,and miscellaneous structures. 04CO. 94-3 38 (6) Screening: Structures and/or plantings which conceal an area from view from a public way. (7) Miscellaneous Structures: Structures,other than buildings,visible from public ways. Examples are:memorials, antennas,sheds,shelters,fences and wells, transformers, drive-up facilities. (8) Street Furniture: Man-made objects other than buildings which are part of the streetscape. Examples are: benches, litter containers, planting containers, sculptures, vending machines and newspaper dispensers. 1b) Building design • e ,abo. „, p� el .41%—olail'—' "44%01:-° fb Undesirable Architectural Multi Planed Roofs end Awnin Treatment Add Visual Interest (11 The project evaluation will be based on the architectural concepts of the design and the project's relationship to and compatibility with surrounding buildings and site features. (2) Renovated buildings should retain the original architectural style and the essen- tial and prominent features and materials of the original facade. 'lat..QL Li i `.ma- irl Li i LJ Li Li ,E�- glib; L.,: i_.. 1_ (31 Alignment of the horizontal and vertical architectural features on building front is desirable so as to enhance the visual continuity of the streetscape. tele -i>tl �Qo Wndow Rhythm ®n u ... 111 0. m ■in ■■■ alit" ._Ll,: ..,.._ nn tpm L___ iL_ Storefront AlignAlignmentvra�n J 14) The development of the first floor level should provide visual interest to and interaction with pedestrians through the use of such features as windows, doors and lighting. Blank stretches of walls will be discouraged. vs �< fir. ; �,-•` - e�°'R?;s' `�,+'1 doe a 'uep° op r r a (5) Exterior lighting and fixtures should blend with the architectural design. They should provide adequate illumination for safety purposes without excess glare. 161 Colors should be an integral part of the architectural style. (71 Rooftop equipment should blend with building design or be screened. OPD- qV-3(o38 (sof% o n jScreening j 1 Hoof 'iillr.fl I Screening INIMSe — Roof r ,�� . kir c4. • ,• - • (c) Relationship of building to site (1) The project should integrate with adjoining properties, provide a transition between the project and pedestrian uses,and provide appropriate landscaping. . , \i rs s�ir_ ' 1 .�n '_�1`� /ws \fie, 3} Rail 2 0 s. (2) Parking and service areas should blend with the street frontage or be screened from public view. (3) The height and scale of each building should be compatible along a street frontage to preserve the character of the street. Rhythm and proportion of buildings, doors,windows, end other projections should be considered. Turn to next page . 3S s1C19 Call I ir . :Ir 1• llI .lllIpta9 9011II • (.1 rJ) I . - ' s ,L� . .---. 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' ii :__'i jil II N X 6u!deaspue1 (p) e)gensepun a1gec0O awlrvd 4-- BUTAIed ARM >11aM Bu!1!ng euippnS •sepn6 alp Bwpunwms yl!M pualq ways 110M 6wpn6 os ISI .sails pue s6u!pl!nq Bulupolpe yUm enuowey p!noys sassew pue scowl 'samlxal'vo)oa 'Sleualew 6u!PI!ng (b) lon-fl!IHr i� utile -awl it _IOS- �__ r r r vScI�G%:�Yi�t I —_—__y r I �w.l.�.L: I I I ti • J RA I I 8 I L NOIlVJabed snolnaidwoid llBfld IVlJIddO NOIIVJI18nd1VIJlddO UE-fib ' 0?/Q (3) Paved areas, such as sidewalks and parking spaces, should be designed to tee / facilitate the safe and efficient circulation of pedestrians and vehicles. 6tee y/�. /' -363 (4) Service yards, trash receptacles and storage areas should be screened by buildings, fencing, plantings, walls or an appropriate combination of these. fy of 8/ (5) Existing natural features should be maintained and incorporated into site design (XJb if possible. (6) Street furniture and miscellaneous structures should be integrated with the architectural concept. Their design should be compatible with surrounding buildings and streetscape in scale,materials and color scheme. (el Signs (11 All signs and graphic symbols should relate to the building's design,character, color scheme, materials and purpose and should be compatible with signs On adjoining buildings. ea 1111 1 Iwls A A , I — :'1 (2) The number and size of signs should be minimized in order to avoid visual clutter and to preserve the character of the street facade. - 1 1.Wl1 MYl::1...:lfhj...a iv:• :®?i'© ; Ieujel 5,„E.! v. Desirable undesirable (3) Multiple occupancy buildings,such as shopping centers and office complexes, should develop"signage programs"that promote integrated design and equita- ble space and size distribution. (4) External or flood lighting should complement the project design. (5) Signs producing excessive glare should be avoided. (6)* Lettering and graphic styles should be in keeping with the project's design and character. Ifl Canopies&Awnings • (1) Canopies and awnings must respect the style and character of the structure on which they are located,particularly in the material and color. (2) The highest point of a canopy/awning or its superstructure shall not be higher than the midpoint of the space between the second story window sills and the top of the first floor storefront window, awning, canopy,or transom. INNIIIIIIIIIIIIIIgllllllllllllllllllllllllmlllgm IIIINIIIIIIIllllllllllllllllllllllllllllllllllllglllll FR Ilii WI L l'3 Ii)E IN jr_ 1i int Ig in _LB1. A IT_ iii L I!r ligiii' Ell ILL i ININI II I r . 0 1.,„..: ini,ritvorcz.t.,11 nivrinfrivrini-,-xt. Desirable Undesirable Sec.27-96. Violations Any violation of this Chapter shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Chapter 1 of the City Code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SFCTION 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 uncon- stitutional. 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 13th day of Se [ember1994. >1 shirim2-4; MAYQR' ATTEST: ?O ] 7 74---L)CI Y CLERK 8660 Sepfember21,1994 • 1),-d a� • ORDINANCE NO. 94-3639 AN ORDINANCE AMENDING CHAPTER 9.1, IOWA CITY CODE OF ORDINANCES,ENTITLED "CITY PLAZA," BY AMENDING SECTION 9.1- 8(E)(3)B. WHEREAS,the City of Iowa adopted Chapter 9.1, "City Plaza," Iowa City Code of Ordinanc- es, entitled, "City Plaza," to regulate the use of City Plaza, and WHEREAS,Section 9.1-8(e)(3)b requires that plans for construction of any temporary struc- ture or any building extension to be construct- • ed pursuant to Chapter 9.1 be reviewed by the design review committee and approved by the city council. If the city council votes contrary to the committee's recommendation, it requires the affirmative vote of five (5) members of the city council to constitute city council approval, and WHEREAS, the City of Iowa City no longer finds it necessary to require such a vote for city council approval of said plans. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. ThatChapter 9.1, Iowa City Code of Ordinances, entitled "City Plaza," is amended by repealing Section 9.1- 8(e)(31b and adding thereto a new Section 9.1- . 8(e)(3)b to read as follows: b. No building permit for the construction of any temporary structure or any building extension to be constructed pursuant to this chapter shall be issued until plans for said construction have been reviewed by the design review committee and approved by the city council. The design review committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with condi- tions, or disapproval in a written report forwarded to the city council and the applicant. City council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. • • 3/0 Ordinance No. 94-3639 Page 2 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 13th day of September, 1994. MAYOR ATTEST: CIT CLERK Approved by ity Attorney's Office 3/407 ecodev\plaza.ord 3(6 Ordinance No. 94-3639 Page 2 It was moved by Nnvi rk and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker _X— Horowitz x " Kubby x Lehman x Novick Pigott Throgmorton First Consideration 8/2/94 Vote for passage: AYES: Novick, Pigott, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: Throgmorton. Second Consideration 8/30/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Date published 9/21/94 _ • 3(0 ui 11 • rir•q 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. 94-3639 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of September , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of September 19 94 . Dated at Iowa City, Iowa, this 3rd day of October , 19 94 . • i/_// A . ;���/� Susan Walsh Deputy City Clerk iwdah.ert • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 556-5000 IOWA CITY IOWA 52240-1826 ��� FAX(319) 556.5009 c--1w• -t-t—`�'„j7 OFFICIALPUBUCATION ORDINANCE NO. 94-3639 AN ORDINANCE AMENDING CHAPTER 9.1, IOWA CITY CODE OF ORDINANCES,ENTITLED "CITY PLAZA," BY AMENDING SECTION 9.1- I 8(E1131B. WHEREAS,the City of Iowa adopted Chapter 9.1,"City Plaza,"Iowa City Code of Ordinanc- Printer's fee $ / 9 / es,entitled,"City Plaza,'to regulate the use of City Plaza,and WHEREAS,Section 9.1-8(ell3lb requires that CERTIFICATE OF PUBLICATION plans for construction of any temporary struc- STATE OF IOWA Johnson County ss: ture or any building extension to be construct- f J f ed pursuant to Chapter 9.1 be reviewed by the THE IOWA CITY PRESS-CITIZEN design review committee and approved by the FED. ID #42-0330670 city council. If the city council votes contraryquire to the committee's recommendation,it requires the affirmative vote of five(51 members of the Icity council to constitute city council approval, and Margaret Rios, being duly sworn, WHEREAS, the City of Iowa City no longer say that I am the legal clerk of finds it necessary to require such a vote for city council approval of said plans. the IOWA CITY PRESS-CITIZEN, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, a newspaper published in said IOWA: county and that a notice a SECTION I. AMENDMENT. That Chapter 9.t, , f Iowa City Codee of Ordinances, entitled "City printed copy of which is hereto Plaza." I s amended by repealing Section 9.1- 81e)131b and adding thereto a new Section 9.1. attached, was published in said 8(e)131b to read as follows: paper / time(s) on the b. No building permit for the construction f of any temporary structure or any following date(s): building extension to be constructed pursuant to this chapter shall be issued di B �J c 17 / 95 until plans for said construction have been reviewed by the design review committee and approved by the city council. The design review committee shall,within thirty 1301 days of receipt of said plans, review the plans and L/ - advise approval, approval with condi- -' .a. _ / - .�...— tions,or disapproval in a written report forwarded to the city council and the Legal Clerk applicant. City council approval of the plans shall require a majority of votes Subscribed and sworn to before me cast at any meeting at which a quorum is present. /1 A.D. SECTION II. REPEALER. All ordinances and this day of S-X fig , Dparts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. 19 ' • SECTION III. SEVERABILITY. If any section, / .1 SECTION or part of the Ordinance shall be 08 // adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the : _ Ordinance as a whole or any section,provision A_ `—i- ���� or part thereof not adjudged invalid or unconsti- ' . S . 1 iC tutional. As0'• r , SHARON STUBBS SECTION IV. EFFECTIVE DATE. This Ordi- i MY COMMISSION EXPIRES nance shall be in effect after its final passage, 2-15-97 approval and publication, as provided by law. . Passed and approved this 13th day of SSeptember. 1994. , it..,.."{t 11 4 ,4rc�( MOR ` yit..,.."{ATTEST: ,..,)7//75--....,,J CITY CLERK 8659 September21,1994 3(0 Ord 8/Z ORDINANCE NO. q4-9640 AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE B OF THE CITY CODE OF THE CITY OF IOWA CITY, IOWA,ENTITLED "ZONING DEFINITIONS," TO CHANGE THE DEFINITIONS OF "HOTEL" AND "MOTEL" TO REFLECT THE COMMERCIAL FUNCTION OF SUCH USES, AND TO CHANGE THE PARKING REQUIREMENTS FOR HOTELS AND MOTELS TO A COMMERCIAL CLASSIFICATION. WHEREAS, hotels and motels are currently classified as residential uses in both the definition and the parking requirements sections of the Zoning Ordinance; and WHEREAS, hotels and motels function more as commercial uses than residential uses; and WHEREAS, hotels and motels are defined in the federal industrial/business classification system as "commercial establishments," and WHEREAS, incorporating the hotel/motel parking requirements within the commercial section of the code would clarify City expectations for hotel/motel provision of parking. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 6, Article B, Section 2, "Definitions", of the City Code of the City of Iowa City, Iowa, be hereby amended by: a) Repealing Section 14-6B-2, "Hotel", and adding a new Section 14-6B-2, "Hotel," to read as follows: Section 14-6B-2. Hotel. A commercial building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms. (See "hotel, apartment"). b) Repealing Section 14-6B-2, "Motel", and adding a new Section 14-6B-2, "Motel", to read as follows: Section 14-6B-2. Motel. A commercial building licensed by the State, usually located along highways, occupied by and used principally as a place of lodging for guests. The term "motel" includes "motor hotel." Title 14, Chapter 6, Article N, Section 1, "Off-Street Parking Requirements", Subsection I, "Required Number of Off-Street Parking Spaces" of the Code of Ordinances of the City of Iowa City, be hereby amended by repealing Subsection 14-6N-1(I)(1)(d) and sequentially relettering the subsequent subsections of Subsection 14-6N-1(1)(1) and adding a new 3'] Ordinance No. 94-3640 Page 2 Subsection 14-6N-1(I)(2)(g), and sequentially relettering the subsequent subsections of Subsection 14-6N-1(I)(2), to read as follows: Subsection 14-6N-1(1)(2)(g). Hotels & Motels. 1. Where permitted except CB-5 and CB-10 One and one-quarter (1-1/4) parking spaces for each guest unit. 2. CB-5 and CB-10 Parking spaces shall be furnished by providing spaces within a publicly-owned parking facility located within 300 feet of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility; or one and one-quarter (1-1/4) parking spaces for each guest unit on the same lot as the use served or within 300 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, after September 1, 1994. Passed and approved this11th day of October, 1994. etn AYOR � ATTEST: Ma4,+J 7f" y>' CITY CLERK Apprevi by C City Attorne. rffice ppaadmintmel.mtl 3`l Ordinance No. 94-3640 _ Page 3 It was moved by Novi rk and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz X Kubby X Lehman X Novick X _ Pigott Throgmorton First Consideration 9/13/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 9/27/94 Vote for passage: AYES: Kubby, Lehman, Novick, Throgmorton, Baker. NAYS: None. ABSENT: Horowitz, Pigott. Date published 10/19/94 3'1 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. 94-3640 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 Lth day of October , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of October 19 94 . Dated at Iowa City, Iowa, this 18th day of November 19 94 tthM Susan Walsh Deputy City Clerk %w•16h.at • CIVIC CENTER • 410 E. WASHINGTON St PHONE (319) 356.5000 IOWA CITY IOWA 52260.1626 FAX(319) 356-5009 O(Z,D• `-14 410 .__ .___ SECTION III. SEVERABILITY If any section, ORDGvANCE NO. 94--)5-,•• provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional,such AN ORDINANCE AMENDING TITLE 14, adjudication shall not affect the validity of the CHAPTER 6, ARTICLE B OF THE CITY CODE Ordinance as a whole or any section,provision OF THE CITY OF IOWA CITY,IOWA,ENTITLED or part thereof not adjudged invalid or "ZONING DEFINITIONS," TO CHANGE THE unconstitutional. DEFINITIONS OF"HOTEL" AND "MOTEL"TO SECTION IV. EFFECTIVE DATE. This REFLECT THE COMMERCIAL FUNCTION OF Ordinance shall be in effect after its final SUCH USES,AND TO CHANGE THE PARKING passage,approval and publication,as provided REQUIREMENTS FOR HOTELS AND MOTELS by law,after September 1, 1994. J/ TO A COMMERCIAL CLASSIFICATION. Passed and approved this 11th day of Printer's fee $ v1 / �� WHEREAS, hotels and motels are currently October, 1994. classified as residential uses in both the ) � definition and the parking requirements CERTIFICATE OF PUBLICATION sections of the Zoning Ordinance;and MAYOR STATE OF IOWA, Johnson County, ss: WHEREAS,hotels and motels function more YL as commercial uses than residential uses;and ATTEST: i/(i.�,✓ cLr THE IOWA CITY PRESS-CITIZEN WHEREAS,hotels and motels are defined in CITY CLERK FED. ID # 42-0330670 the federal industrial/business classification 7194 October 19,1994 system as "commercial establishments," and WHEREAS, incorporating the hotel/motel parking requirements within the commercial Margaret Rios, being duly sworn, section of the code would clarify City expectations for hotel/motel provision of say that I am the legal clerk of parking. the IOWA CITY PRESS-CITIZEN, CITYOW COUNCILFOF E THE 1CITT OYOFINED BY THE IOWA CITY, a newspaper published in said IOWA,THAT: SECTION I. AMENDMENT. county, and that a notice, a Title 14, Chapter 6, Article B, Section 2, copyof which is hereto "Definitions", of the City Code of the City of printed Iowa City, Iowa,be hereby amended by: attached, was published in said a) Repealing Section 14-68-2, "Hotel", and adding a new Section 14-68-2, paper 1 time(s), on the "Hotel," to read as follows: following date(s): Section 14.611-2.Hotel. A commercial building licensed by the State and occupied and used �j principally as a place of lodging for guests. OO('J��� ( - / `T ( r Cr� Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms. (See"hotel,apartment"). bI Repealing Section 14-68-2, "Motel", and adding a new Section 14-6B-2, n "Motel",to read as follows:r'?-44--17 Section 14.6B-2.Motel. A commercial building J licensed by the State, usually located along Legal Clerk highways,occupied by and used principally as a place of lodging for guests. The term "motel" includes"motor hotel." Subscribed and sworn to before me Title 14, Chapter 6, Article N, Section 1, ,� f "Off-Street Parking Requirements",Subsection this/11Z: day of ,W6 • A.D. I, "Required Number of Off-Street Parking Spaces"of the Code of Ordinances of the City 191/ of Iowa City, be hereby amended by repealing Subsection 14-6N-1(11(11(d) and sequentially relettSubsection the subsequentasubsectionsing of / Subsection 14-6N-111)11) and adding a new Subsection 14-6N-1111(21(g), and sequentially Notaryl Public relettering the subsequent subsections of Subsection 14-6N-1111121, to read as follows: Subsection 14-8N•1(1)(2)(g). Hotels&Motels. 1. Where permitted except CB-5 and CB-10 One and one-quarter 11-1/41 parking spaces for each guest unit. 2. CB-5 and CB-10 Parking spaces shall be furnished by providing spaces within a publicly-owned parking facility located within 300 feet of the hotel or motel,as specified by a written agreement between the owner of the hotel and the owner of the parking facility;or one and one-quarter(1-1/4) parking spaces for each guest unit on the same lot as the use served or within 300 feet. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. C-d . -6/2_ ORDINANCE NO. 94-3641 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CORRECTING THE LEGAL DESCRIPTION OF PROPERTY REZONED BY ORDINANCE NO. 92-3524 FROM CC-2, COM- MUNITY COMMERCIAL ZONE, TO CB-5, CEN- TRAL BUSINESS SUPORT ZONE IN AN AREA REFERRED TO AS THE NEAR SOUTHSIDE. WHEREAS, the City Council adopted Ordi- nance No. 92-3524 for the purpose of rezoning portions of the Near Southside from CC-2 to CB-5; and WHEREAS,the legal description in Ordinance No. 92-3524 contained a minor scrivener's error; and WHEREAS, the City desires to correct said scrivener's error. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The legal description of property rezoned by Ordinance No. 92-3524 from CC-2 to CB-5 is hereby corrected by changing the directional reference in said description from "west" to "east" to correctly read: Block 2, Berryhill and Pierce Addition except for Lot 2; Lot 2-8, Block 5, Lyon's First Addition; and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition. SECTION II. CERTIFICATION AND RECORD- ING. 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 III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 3g SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, _ approval and publication, as provided by law. Passed and approved this dirtrza A OR ani724 . // � ATTEST: i.,e�„} P( f'f CITY CLERK Approved .y Sa om: 'ice ppdadminVegaldes.ord aT Ordinance No. 94-3641 Page _3_ It was moved by Throgmorton and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman Novick Pigott x Throgmorton First Consideration 9/27/94 Vote for passage: AYES: Lehman, Novick, Throgmorton, Baker, Kubby. NAYS: None. ABSENT: Horowitz, Pigott. Second Consideration Vote for passage: Date published 10/19/94 Moved by Throgmorton, seconded by Novick, that the rule requiring ordinances to be considered and voted on for passage at two council meeting: 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: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. 3 ? • VI 211177,1915711111,•••;;;;HI-r-1...17:.7I--- 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. 94-3641 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 lthday of October , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of October 19 9/, . Dated at Iowa City, Iowa, this 18th day of November , 19 94 2224,02 /(. Susan Walsh Gm Deputy City Clerk IwS h.crt • CIVIC CENTER • 410 E. WASHINGTON ST. 641 ., PH FAX (319) 356-5000 IOWA CITY IOWA 52240.1126 6. FAX 716-75009 v oZ.v- t Nt-5,'fI OFF ICIAL PUBLICATION ORDINANCE NO. 94-3641 AN ORDINANCE AMENDING THE ZONING Printer's fee $ /tv ,5-5 ORDINANCE BY CORRECTING THE LEGAL DESCRIPTION OF PROPERTY REZONED BY ORDINANCE NO.92-3524 FROM CC-2,COM- CERTIFICATE OF PUBLICATION MUNITY COMMERCIAL ZONE.TO C8-5.CEN- STATE OF IOWA, Johnson County, ss: TRAL BUSINESS SUPORT ZONE IN AN AREA REFERRED TO AS THE NEAR SOUTHSIDE. THE IOWA CITY PRESS-CITIZEN WHEREAS, the City Council adopted Ordi- nance No.92-3524 for the purpose of rezoning FED. ID# 42-0330670 portions of the Near Southside from CC-2 to CB-5; and WHEREAS,the legal description in Ordinance I, No. 92-3524 contained a minor scrivener's Margaret Rios, being duly sworn, error;and WHEREAS, the City desires to correct said say that I am the legal clerk of scrivener's error. the IOWA CITY PRESS-CITIZEN NOW.THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, a newspaper published in said IOWA: SECTION I. APPROVAL. The legal description county, and that a notice, a of property rezoned by Ordinance No.92-3524 printed copy of which is hereto from CC-2 to C8-5 is hereby corrected by changing the directional reference in said attached, was published in said description from "west"to "east" to correctly read: paper / time(s), on the Block 2, Berryhill and Pierce Addition following date(s): except for Lot 2;Lot 2-8,Block 5,Lyon's date(s): First Addition;and all of Lots 2, 3, and 4 /]r' ,) 7 tl' east of Ralston Creek, Block 20, County ( � ` Seat Addition. SECTION II. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance Ul which shall be recorded at the Office of the 6%!�` ��� �/ County Recorder of Johnson County, Iowa. f//' ��-C-�a1-Clerk upon final passage and publication as provided Legal Clerk by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- Subscribed and sworn to before me Sons of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, ////�f provision or part of the Ordinance shall be this day of !(1 (� z , A.D. adjudged to be invalid or unconstitutional,such /� 1 / adjudication shall not affect the validity of the 1n l/ l�1 Ordinance as a whole or any section,provision e7 L V. or part thereof not adjudged invalid or unconsti- / / . SECTION V. EFFECTIVE DATE. This Ordi- =. II IP' _ _ �� nance shall be in effect after its final passage, ,,a , r . , approval and publication, as provided by law. lie Passed and approved this 11th day of ta. SHARON STUBBS October, 1994. -4v COMMISSION EXPIRES . I 2.15-9? Cl--tt .Cb(2,1-0-t-4J4 MAYOR / ATTEST: �,__ � -1/�� CITY CL RK 1196 October 19,1994 GEA . ORDINANCE NO. 94-3649 ORDINANCE AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING," CITY CODE BY REVISING ARTICLE A, ENTITLED "GENER- AL AIRPORT ZONING PROVISIONS," AND ARTICLE B, ENTITLED "AIRPORT ZONES," TO CHANGE THE APPROACH SLOPE ZONES FOR RUNWAY 6 FROM A 34:1 APPROACH OVER- LAY (OA) ZONE TO A 20:1 APPROACH OVER- LAY (OA) ZONE. WHEREAS, it is the intent of the Iowa City City Council to provide a safe environment for the aviation and public users of the Iowa City Municipal Airport; and WHEREAS, engineering studies have indicat- ed it would not be detrimental to the aviation users or property surrounding the Iowa City Municipal Airport to change the approach slope on runway six from a 34:1 approach slope to a 20:1 approach slope in order to reduce the impact on surrounding properties and yet maintain the safety of surrounding properties, as well as maintain safety for the aviation and public users of the Iowa City Municipal Airport. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 8, entitled "Airport Zoning," Article A, entitled "General Airport Zoning Provisions" of the City Code be hereby amended by: a. Repealing "Airport Elevation" in Section 14-8A-2, "Definitions," and adding a new Section 14-8A-2 to read as follows: AIRPORT ELEVATION: The highest point of the airport's usable landing area, measured in feet above mean sea level, which elevation is established to be six hundred seventy-seven and four-tenths feet (677.4'). b. Repealing Section 14-813-1, "Zones Estab- lished; Air Space and Height Limitations," and adding a new Section 14-8B-1 as follows: ZONES ESTABLISHED; AIR SPACE AND HEIGHT LIMITATIONS: In order to carry out the provisions of this Section, there • are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by Howard R. Green Company, dated July 37 Ordinance No. 94-3642 Page 2 1994, and filed in the offices of the City Clerk of Iowa City and the Johnson Coun- ty Auditor are hereby adopted, designated and declared to be the airport overlay zoning map for the Iowa City City Airport. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: A. Horizontal Overlay (OH) Zone: 1. Definition: The land lying under a horizontal plane one hundred fifty feet (150') above the estab- lished airport elevation, the per- imeter of which is constructed by swinging arcs of either five thou- sand foot (5,000') radii for each runway designated as visual or ten thousand foot (10,000') radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. c. Repealing Sections 14-8B-1, "Approach Overlay (OA) Zone", Subsections C1b(1), (2), and (3) and adding new Sections 14- 8B-1, Subsection C1b(1), (2), and (3) as follows: (1) One thousand five hundred feet (1,500') wide for runways 6, 12, 17 and 30. (2) Three thousand five hundred feet (3,500') wide for runway 35. (3) Four thousand feet (4,000') wide for Runway 24. d. Repealing Sections 14-8B-1, "Approach Overlay (OA) Zone", Subsections C1c(1) and (2) and adding new Section 14-8B-1, Subsections C1 c(1) and (2) as follows: (1) Five thousand feet (5,000') at a slope of twenty to one (20:1) for runways 6, 12, 17 and 30. (2) Ten thousand feet (10,000') at a slope of thirty-four to one (34:1) for runways 24 and 35. e. Repealing Section 14-8B-1, "Clear Overlay (OCL) Zone", Subsection D1a and adding a new Section 14-8B-1, Subsection D1a as follows: a. Runway 6: 1,000 feet wide, begin- ning at a point on the runway center 35' Ordinance No. 94-3642 Page 3 line extended 665 feet out from the end of the existing pavement and extending to the southwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 1,100 feet. f. Repealing Section 14-88-1, "Clear Overlay (OCL) Zone", Subsection D1d and adding a new Section 14-88-1, Subsection D1d as follows: d. Runway 24: 1,000 feet wide, begin- ning at a point on the runway center line extended 200 feet out from the end of the pavement and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. 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 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 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 11th day of October, 1994. AYOR I✓" ry ' ATTEST: la ce�[J 71-#.1 7�a AJ CITY CL K Approved by e ity Attorney's Office airport\chap8.ord 37 • • •' Jnr; -,. kik 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. 94-3642 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1lthday of October , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the - 19th day of October 19 94 . Dated at Iowa City, Iowa, this 18th day of November , 19 94 . 2,6444i uht10 Susan Walsh Deputy City Clerk lwdsh.rn • • ;s PHONE (319) 356-5000 CIVIC CENTER • 410 E. WASHINGTON ST. ' IOWA CITY IOWA 52240.1126 FAX(319) 336-5009 ORV • 9`f — 3( L OFFICIAL PUBLICATION d. Repealing Sections 14.88-1, "Approach ORDINANCE NO. 94-3642 Overlay IOAI Zone'. Subsections C1c(11 and(2) and adding new Section 14-80.1, ORDINANCE AMENDING TITLE 14,CHAPTER Subsections C1c(1) and(2)as follows: B,ENTITLED"AIRPORT ZONING,"CITY CODE (1) Five thousand feet(5,000'1 at a slope BY REVISING ARTICLE A,ENTITLED "GENER- of twenty to one (20:11 for runways AL AIRPORT ZONING PROVISIONS," AND 6, 12, 17 and 30. ARTICLE B,ENTITLED"AIRPORT ZONES,"TO (2) Ten thousand feet 110,000') at, a Printer's fee $ 3 ',.a) 6 CHANGE THE APPROACH SLOPE ZONES FOR slope of thirty-four to one (34:11 for RUNWAY 6 FROM A 34:1 APPROACH OVER- runways 24 and 35. LAY(OA)ZONE TO A 20:1 APPROACH OVER- e. Repealing Section 14-8B-1,"Clear Overlay CERTIFICATE OF PUBLICATION LAY(OA)ZONE. IOCL) Zone", Subsection D 1 a and adding STATE OF IOWA Johnson ss• a new Section 14-88-i, Subsection Dla f County, WHEREAS, it is the intent of the Iowa City as follows: THE IOWA CITY PRESS-CITIZEN City Council to provide a safe environment for a. Runway 6: 1,000 feet wide, begin- the aviation and public users of the Iowa City ning at a point on the runway center FED. ID# 42-0330670 Municipal Airport;and line extended 665 feet out from the WHEREAS,engineering studies have indicat- end of the existing pavement and ed it would not be detrimental to the aviation > extending to the southwest on the users or property surrounding the Iowa City extended center line for a distance of Margaret Rios, being duly sworn, Municipal Airport to change the approach slope 1,000 feet and widening uniformly to say that I am the legal clerk of -on runway six from a 34:1 approach slope to a a width of 1,100 feet. 20the IOWA CITY PRESS-CITIZEN, :, napproach slund in order o reduce the f. •Repealing Section 14-8B-1,'Clear Overlay impact on surroundingproperties and (OCU Zone", Subsection D1d and adding a newspaper published in said maintain the safety of surrounding properties, a new Section 14-88-1, Subsection D1d as well as maintain safety for the aviation and as follows: county, and that a notice, a public users of the Iowa City Municipal Airport. d. Runway 24: 1,000 feet wide, begin- NOW,THEREFORE,BE IT ORDAINED BY THE ning at a point on the runway center printed copy of which is hereto CITY COUNCIL OF THE CITY OF IOWA CITY, line extended 200 feet out from the attached, was published in said IOWA: end of the pavement and extending to SECTION I. AMENDMENT. Chapter 8,entitled the northeast on the extended center paper —/ time(s), on the "Airport Zoning," Article A, entitled "General line for a distance of 1,700 feet and Airport Zoning Provisions"of the City Code be following date(s): hereby amended by: widening uniformly to a width of 1,510 feet. ^ / � a. Repealing 'Airport Elevation" in Section SECTION II. REPEALER. All ordinances and U �� / 9 14-8A-2, "Definitions,"and adding a new Section 14-8A-2 to read as follows: parts of thiors Ordinance cn conflict herebywh the ed, sions of this Ordinance are repealed. AIRPORT ELEVATION: The highest SECTION III. SEVERABILITY. If any section, point of the airport's usable landing area, provision or part of the Ordinance shall be measured in feet above mean sea level, adjudged to be invalid or unconstitutional,such ( which elevation is established to be six adjudication shall not affect the validity of the J �����•r �� �/--��-/C_A-.� hundred seventy-seven and four-tenths Ordinance as a whole or any section, provision feet 1677.4'). or part thereof not adjudged invalid or unconsti- Legal Clerk b. Repealing Section 14-88-1, "Zones Estab- tutional. lished; Air Space and Height Limitations," SECTION IV. EFFECTIVE DATE. This Ordi- and adding a new Section 14-8B-1 as nance shall be in effect after its final passage, Subscribed and sworn to before me follows: approval and publication, as provided by law. ZONES ESTABLISHED;AIR SPACE AND Passed and approved this 11th day of this/fi day of jilv " [ A.D. HEIGHT LIMITATIONS: In order to carry October, 1994. out the provisions of this Section, there 19 P(. are hereby created and established certain L{,,c_ zones which are depicted on the airport wv e-"'s-✓/ overlay zoning map. The maps prepared AYOR �y2� / / ATTEST: CL btu-a.../ ^ by Howard R.Green Company,dated July CITY CL "K S-"------191A-`63(--X-161.. ....... 1994, and filed in the offices of the City 7195 October 19,1994 Clerk of Iowa City and the Johnson Coun- Not.ary P bile ty Auditor are hereby adopted,designated 0.,xr' SHARON STUBBS and declared to be the airport overlay DIY COMMISSION EXPIRES zoning map for the Iowa City City Airport. 2.15.97 A structure located in more than one zone 'ore• - of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows. A. Horizontal Overlay(OH) Zone: 1. Definition: The land lying under a horizontal plane one hundred fifty feet (150')above the estab- lished airport elevation, the per- (meter of which is constructed by swinging arcs of either five thou- sand foot (5,000') radii for each runway designated as visual or ten thousand foot 110,000')radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. c. Repealing Sections 14-8B-1, "Approach Overlay(OA)Zone", Subsections C1 b(1), 121,and (3)and adding new Sections 14- 88.1, Subsection C1b111, 12), and (3) as follows: 11) One thousand five hundred feet 0,500'1 wide for runways 6, 12, 17 and 30. (21 Three thousand five hundred feet 13,500') wide for runway 35. 131 Four thousand feet 14,000') wide for Runway 24. q f card . ,fc, ORDINANCE NO. gt_36/.3 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 1.02 ACRES OF LAND LOCATED NORTH ON SCOTT PARK DRIVE EXTENDED, IOWA CITY, IOWA. WHEREAS, the Applicant, Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., has requested rezoning approximately ' 1.02 acres of land located north on Scott Park Drive extended, from County RS, Suburban Residential,to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, 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 property; and WHEREAS, the property owner has acknowl- edged and agreed that this development shall • absorb all costs associated with the develop- ment, including costs normally subsidized by the City; and WHEREAS, the subject 1.02 acre parcel is not a separate tract of land from the 15.46 acre Auditor's Parcel A; and WHEREAS, upon conveyance of the subject parcel, or portions thereof, to new ownership, a plat of survey is required to be executed and recorded; and WHEREAS, the property owner has agreed to the execution and recordation of the plat of survey upon conveyance of the subject proper- ty to new ownership; and WHEREAS, the property owner acknowledg- es that certain conditions and restrictions are appropriate in order 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: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- ment and Section 414.5, Iowa Code, the property described below is hereby classified Ordinance No. 94-9643 Page 2 from•its present classification of County RS to RS-5: Beginning at the Northeast Corner of Lot 64, of Scott Boulevard East, Part Two, in accordance with the Plat thereof, Record- ed in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S89°14'45"W, (A RECORDED BEARING), along the North Line of said Subdivision, 22.39 feet, to its intersection with the existing Corporate Limit Line of the City of Iowa City; Thence N00°53'13"W, 110.00 feet along said Corporate Line; Thence N89°14'45"E, 399.21 feet, to a Point on the Line of the Existing Fence; Thence S00°21'31"E, along said Line of Existing Fence, 111.00 feet, to its intersection with the North Line of said Scott Boulevard East, Part Two; Thence S89°14'45"W, (A RECORDED BEARING), along said North Line 375.81 feet, to the Point of Beginning. Said Tract of Land contains 1.02 Acres, more or less, and is subject to easements and restric- tions 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 the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORD- ING. 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 publica- tion as provided by law. SECTION IV. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Condi- tional Zoning Agreement, and to certify the Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 4-67 Ordinance No. ga,_3A&3 Page 3 or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of October, 1994. AYON1 R . 12frr(1P ATTEST: t/ Gam. • CITY CL -K pprove biim torney,'V 9-Gz- n\scottprk.ord t.f-o Ordinance No.94_36A3 Page 4 It was moved by Pigott and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby x Lehman x Novick Pigott Throgmorton First Consideration 10/11/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 11/2/94 Moved by Pigott, seconded by Throgmorton, 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: Throgmorton, Baker, Horowitz, Lehman, Novick, Pigott. NAYS: None. ABSENT: Kubby. Y-17 CONDITIONAL ZONING AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Plum Grove Acres, Inc., an Iowa Corporation (hereinafter "Owner"). WHEREAS, the Owner, Plum Grove Acres, Inc., via Applicant Diane Boyd, has requested rezoning approximately 1 .02 acres of land located north on Scott Park Drive extended, from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, 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 property; and WHEREAS, the Owner has acknowledged and agreed that this development shall absorb all costs associated with the development, including costs normally subsidized by the City; and WHEREAS, the Owner has acknowledged and agreed that this development shall be required to apply for all permits required under City building codes, comply with all required inspections, and pay all required inspection fees, thereby ensuring safe, uniform development as required by City Code; and WHEREAS, the subject 1 .02 acre parcel is not a separate tract of land from the 15.46 acre Auditor's Parcel A; and WHEREAS, upon conveyance of the subject parcel, or portions thereof, to new ownership, a plat of survey is required to be executed and recorded; and WHEREAS, the Owner has agreed to the execution and recordation of the plat of survey upon conveyance to new ownership of the subject property; and WHEREAS, the 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 . Plum Grove Acres, Inc. is the owner and legal title holder of the property located north on Scott Park Drive extended, which property is more particularly described as follows: Beginning at the Northeast Corner of Lot 64, of Scott Boulevard East, Part Two, in accordance with the Plat thereof, Recorded in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's Office; Thence S89°14'45"W, (A RECORDED BEARING), along the North Line of said Subdivision, 22.39 feet, to its intersection with the 2 existing Corporate Limit Line of the City of Iowa City; Thence N00°53'13"W, 110.00 feet along said Corporate Line; Thence N89°14'45"E, 399.21 feet, to a Point on the Line of the Existing Fence; Thence SOO°21'31 "E, along said Line of Existing Fence, 1 11 .00 feet, to its intersection with the North Line of said Scott Boulevard East, Part Two;Thence S89°14'45"W, (A RECORDED BEARING), along said North Line 375.81 feet, to the Point of Beginning. Said Tract of Land contains 1 .02 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, including, but not limited to extension of the 28-foot wide Scott Park Drive, the four-foot wide sidewalk along the east side of Scott Park Drive, and the six- inch waterline to the north boundary of the subject tract, and the connection of the sanitary sewer line to the south. 3. In consideration of the City's rezoning the subject property from County RS, the Owner agrees that development and use of the subject property will conform to the require- ments of the RS-5, Low Density Single-Family Residential Zone, as well as to 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 receive approval of the construction plans for these improvements from the City Public Works Department. c. Owner agrees that construction of these improvements shall be consistent with the specifications for Scott Boulevard East, Part Two and agrees to acceptance of the improvements by the City. d. Owner agrees that this development shall be required to apply for all permits required under City building codes, comply with all required inspections, and pay all required inspection fees. e. Owner shall execute and record a plat of survey upon conveyance of the 1 .02 acre tract, or portions thereof, to new ownership. 4. 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. 5. The Owner agrees that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. • 3 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 Owner acknowledges that nothing in this shall be construed to relieve the Owner 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. 4-4 Dated this 25 day of 0,41,-- , 1994. PLUM GROVE ACRES, INC.,C. CITY OF IOWA CITY By /aiCC By �U.M.. ,44 ALJ ruce R. Glasgow, Presi Sri Susan M. Horowitz, Mayor ATTEST: ByL'%: ;:e--7-r--74y I�/ BY jw Frank Boyd, Secretary Marian K. Karr, City Clerk 1 A.proved y • , /x----:::.,(;., ttorne 'of doe /6-ii-9% STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 25 day of Oc'Ibher- , 1994, before me, sonc[ree rip,-)- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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. qt{-364-3 passed by the City Council, on the ase` day of bctb j,er , 19 q4 , and that Susan M. Horowitz 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. 4 Sunotta Notary Public in and for the State of Iowa • LEO 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) lath On this aday of t pe ' , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce R. Glasgow and Frank Boyd, to me personally known, who being by me duly sworn did say that they are the President and Secretary, 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 Bruce R. Glasgow and Frank Boyd as officers acknowledged execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. April MY CH9�E5 7,199862 U fe j Notary Public in and for the State of owa ppdadminlboytl-pga.cza 40 • '-Yl blAI, i 'yF 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. 94-3643 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of October , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of November 19 94 • Dated at Iowa City, Iowa, this 12th day of December , 19 94 • ___J-msiaay4k udQj Susan Walsh Deputy City Clerk )welsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. Q9.�°o� PHONE (3(9) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 iktiej WHEREAS,the property owner has acknowl- ORO . qt./ ...36v3 edged and agreed that this development shall absorb all associatedotsorwith thub develop- ment, rt meat, including costs normally subsidized by ,d/ d/-N the City;and WHEREAS, the subject 1.02 acre parcel is L not a separate tract of land from the 15.46 Printer's fee $ O ` �� acre Auditor's Parcel A;and WHEREAS,upon conveyance of the subject parcel,or portions thereof,to new ownership, CERTIFICATE OF PUBLICATION a plat of survey is required to be executed and recordod;and STATE OF IOWA, Johnson County, ss: WHEREAS,the property owner has agreed to THE IOWA CITY PRESS-CITIZEN the execution and recordation of the plat of survey upon conveyance of the subject proper- FED. ID # 42-0330670 ty to new ownership; and WHEREAS,the property owner acknowledg- es that certain conditions and restrictions are I f appropriate in order to ensure appropriate urban Margaret Rios, being duly sworn, development on the eastern edge of Iowa City. saythat I am the legal clerk of NOW,COUNTHERCIL OF THE, IT CITYOOF IOWNED A CITY,g CITY COUNCIL OF OF IOWA CITY, the IOWA CITY PRESS-CITIZEN, IOWA: SECTION I. APPROVAL. Subject to the terms a newspaper published in said and conditions of the Conditional Zoning Agree- count and that a notice, a propertyem and Section below414. is Iowa Code,lasthe county, described hereby classified printed copy of which is hereto from its present classification of County RS to attached, waspublished in said RS-5: Beginning at the Northeast Corner of Lot paper / time(s), on the 64,of Scott Boulevard East, Part Two,in accordance with the Plat thereof, Record- following date(s): ed in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's L 2�- ,7 /i Office; Thence S89°14'45"W, (A tel/ UvM C1 RECORDED BEARING), along the North Line of said Subdivision,22.39 feet,to its intersection with the existing Corporate Limit Line of the City of Iowa City;Thence NOO°53'13"W, 110.00 feet along said Corporate Line; Thence N89°14'45"E, v 7 399.21 feet, to a Point on the Line of the Legal Clerk Existing Fence; Thence SOO°21'31"E, along said Line of Existing Fence, 111.00 feet,to its intersection with the North Line Subscribed and sworn to before me of said Scott Boulevard East, Part Two; Thence S89°14'45"W, IA RECORDED this .day of •D_f�� t A.D. BEARING), along said North Line 375.81 feet,to the Point of Beginning. Said Tract U of Land contains 1.02 Acres,more or less, I9 ! . and is subject to easements and restric- tions of record. 1 / / SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to ��,l ,►. A _ A change the zoning map of the City of Iowa Public City,Iowa,to conform to this amendment upon the final passage, approval and publication of o SHARON STUBBS this Ordinance as provided by law. My COMMISSION EXPIRES SECTION III. CERTIFICATION AND RECORD- . ,q*• 245.97 ING. 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 publica- tion as provided by law. SECTION IV. CONDITIONAL AGREEMENT. OFFICIAL PUBLICATION The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Condi- tional Zoning Agreement, and to certify the ORDINANCE NO. 94-3643 Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. AN ORDINANCE AMENDING THE ZONING SECTION V. REPEALER. All ordinances and ORDINANCE BYCHANGING THE USE REGULA- parts of ordinances in conflict with the provi- TIONS OF APPROXIMATELY 1.02 ACRES OF sions of this Ordinance are hereby repealed. LAND LOCATED NORTH ON SCOTT PARK SECTION VI. SEVERABILITY. If any section, DRIVE EXTENDED,IOWA CITY,IOWA. provision or part of the Ordinance shall be WHEREAS, the Applicant, Diane Boyd, on adjudged to be invalid or unconstitutional,such behalf of property owner Plum Grove Acres, adjudication shall not affect the validity of the Inc., has requested rezoning approximately Ordinance as a whole or any section,provision 1.02 acres of land located north on Scott Park Drive extended, from County RS, Suburban or part thereof not adjudged invalid or unconsti- Residential,to RS-5,Low Density Single-Family tutional. Residential; and SECTION VII. EFFECTIVE DATE. This Ordi- WHEREAS, Iowa law provides that the City nance shall be in effect after its final passage, of Iowa City may impose reasonable conditions approval and publication,as provided by law. on granting rezoning requests,over and above existing regulations, to satisfy public needs Passed and approved this 25th day of directly caused by the requested change;and October, 1994. WHEREAS,pursuant to the annexation policy of the City's Comprehensive Plan,the proposed ,�, .!�. I!- rezoning is subject to the developer agreeing to AYOR , �/ pay all of the costs associated with providing ATTEST: / 97 kM/ infrastructure for development of the subject CITY CLERK property;and CONDITIONAL ZONING AGREEMENT , 19 7 9 -36q: This Agreement is made by and between the City of Iowa City,Iowa,a Municipal Corporation (� thereinafter"City")and Plum Grove Acres,Inc.,an Iowa Corporation(hereinafter"Owner"). WHEREAS,the Owner,Plum Grove Acres,Inc.,via Applicant Diane Boyd,has requested V (Y1 rezoning approximately 1.02 acres of land located north on Scott Park Drive extended,from v� County RS,Suburban Residential,to RS-5,Low Density Single-Family Residential;and WHEREAS,Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests,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 property;and WHEREAS,the Owner has acknowledged and agreed that this development shall absorb all costs associated with the development,including costs normally subsidized by the City;and WHEREAS,the Owner has acknowledged and agreed that this development shall be required to apply for all permits required under City building codes, comply with all required inspections,and pay all required inspection lees,thereby ensuring safe,uniform development as required by City Code;and WHEREAS,the subject 1.02 acre parcel is not a separate tract of land from the 15.46 acre Auditor's Parcel A;and WHEREAS,upon conveyance of the subject parcel,or portions thereof,to new ownership, a plat of survey is required to be executed and recorded;and WHEREAS,the Owner has agreed to the execution and recordation of the plat of survey upon conveyance to new ownership of the subject property;and WHEREAS,the 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. Plum Grove Acres,Inc.is the owner and legal title holder of the property located north on Scott Park Drive extended,which property is more particularly described as follows: Beginning at the Northeast Corner of Lot 64,of Scott Boulevard East, Part Two,in accordance with the Plat thereof,Recorded in Plat Book 33,at Page 225,of the Records of the Johnson County Recorder's Office;Thence S89°14.45"W, IA RECORDED BEARING), along the North Line of said Subdivision.22.39 feet.to its intersection with the existing Corporate Limit Line of the City of Iowa City; Thence N00°53'13"W, 110.00 feet along said Corporate Line; Thence N89°14'45"E.399.21 feet,to a Point on the Line of the Existing Fence; Thence S00°21'31"E.along said Line of Existing Fence,111.00 feet, to its intersection with the North Line of said Scott Boulevard East,Pert Two;Thence S89°14'45"W,IA RECORDED BEARING).along said North Line 375.81 feet.to the Point of Beginning.Said Tract of Land contains 1.02 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,including,but not limited to extension of the 28-foot wide Scott Park Drive,the 1our-foot wide sidewalk along the east side of Scott Park Drive,and the six- inch waterline to the north boundary of the subject tract,and the connection of the sanitary sewer line to the south. 3. In consideration of the City's rezoning the subject property from County RS.the Owner agrees that development and use of the subject property will conform to the require- ments of the RS-5,Low Density Single-Family Residential Zone,as well as to 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 receive approval of the construction plans for these improvements from the City Public Works Department. c. Owner agrees that construction of these improvements shall be consistent with the specifications for Scott Boulevard East,Part Two and agrees to acceptance of the improvements by the City. d. Owner agrees that this development shall be required to apply for all permits required under City building codes,comply with all required inspections,and pay all required inspection fees. e. Owner shall execute and record a plat of survey upon conveyance of the 1.02 acre tract,or portions thereof,to new ownership. 4. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 5414.5 119911,and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. The Owner agrees 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 Owner acknowledges that nothing in this shall be construed to relieve the Owner 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 end publication of the Ordinance,this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this 7'c day of Qr,leL.r- .1994. PLUM GROVE ACRES,INC. CITY OF IOWA CITY 8Y BY ' ruts R.Glasgow,Presi nt Susan M.Horowitz,Mayor ATTEST: 8Y �. BYAQA.s-w>7fC JC book Frank Boyd,Secretary Marian K.Karr,City Clerk 7596 November 2,iY94 0 i Qrcj !3!L rA ORDINANCE NO. 94-3644 ORDINANCE AMENDING THE ZONING ORDI- NANCE BY CHANGING THE USE REGULA- TIONS OF A 5.11 ACRE PROPERTY LOCATED EAST OF WELLINGTON DRIVE FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OPDH-5, A PRELIMINARY PLANNED DE- VELOPMENT HOUSING (PDH) PLAN FOR WELLINGTON CONDOMINIUMS, IOWA CITY, IOWA. WHEREAS,the property owner has requested the City to rezone an appropriate 5.11 acre tract of land located east of Wellington Drive from RS-5, Low Density Single-Family Residen- tial, to OPDH-5, a Preliminary Planned Develop- ment Housing (PDH) Plan; and WHEREAS, the requested zoning change would permit development of the tract for a planned housing development of 20 dwelling units clustered in two and three unit combina- tions around a stormwater detention facility; and WHEREAS, the subject property is presently in an area shown on the Comprehensive Plan for the City of Iowa City as residential, at a density of two to eight dwelling units per acre; and WHEREAS, the density of the proposed development is consistent with the density designated for this area in the Comprehensive Plan; and WHEREAS, the proposed design of the PDH plan contains a sufficient amount of open space and various features, such as varied rooflines, staggered facades, setbacks and perimeter landscaping, which lessen the ap- pearance of bulk and make the design compati- ble with surrounding existing and anticipated single-family development. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. 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 Partners for Wellington Condominiums is hereby approved, subject to the approval of the final plat for Village Green Part XIII, subject to the legal papers for the final plat addressing drainage for dwellings with basements and removal of snow from the sidewalks on Somerset Lane, and also subject to an ancillary agreement addressing the provi- sion of adequate sanitary sewer capacity for the development: Ordinance No. 94-3644 Page 2 Commencing at the Southeast Corner of the Southeast Quarter, Section 13, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S89°53'53"W, along the South Line of Section 13, 1308.29 feet to a s/s" iron pin found; Thence S89°57'00"W, along said Section Line 224.46 feet to the Southeast Corner of Lot 10, Village Green Part XII, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 33, at Page 313, of the Records of the Johnson County Office; Thence NOO°03'00"W, along the East Line of Lot 10, 84.82 feet to the Northeast Corner thereof; Thence N08°58'49"E, along the East Line of Lot 11, Village Green Part XII, 136.86 feet, to the Northeast Corner thereof; Thence N39°29'01"E, along the South Line of Lot 24, 403.02 feet, to the Southeast Corner thereof, said point being the Point of Beginning; Thence N26°03'33"W, along the East of said Lot 24, 216.55 feet; Thence N47°30'51"W, along said East Line 148.25 feet; to the Southeast Corner of Lot 23, Village Green Part XII; Thence N08°00'39"W, along the East Line of said Lot 23, 250.42 feet; Thence N26°03'33"W, along the East Line of Lot 23, 73.23 feet, to the Northeast Corner of Lot 23, Village Green Part XII; Thence Northeasterly 413.72 feet, along a 760.49 foot radius curve, concave Southeasterly, whose 408.64 foot chord bears N79°31'34"W; Thence S05°06'40"W, 38.76 feet;Thence S02°51'05"E, 119.31 feet; Thence S77°39'16"W, 99.84 feet; Thence Southeasterly 87.89 feet, along a 532.57 foot radius curve concave North- easterly, whose 87.79 foot chord bears S17°04'24"E; Thence S21 °48'05"W, 70.75 feet; Thence Southeasterly 80.17 feet, along a 290.08 foot radius curve, concave Southwesterly, whose 79.91 foot chord bears S13°56'31"E; Thence S06°01'29"E, 63.40 feet; Thence South- easterly 134.08 feet along a 90.48 foot radius curve concave Northeasterly, whose 122.15 foot chord bears S46°28'41"E; Thence N89°04'07"E, 42.33 feet; Thence Northeasterly 63.01 feet, along a 356.09 foot radius curve, concave Northwesterly, whose 62.92 foot chord bears N84°00'41"E; Thence S11 °02'46"E; 45.00 feet; Thence S00°55'53"E, 180.03 feet; Thence Ordinance No. 94-36.44 Page 3 N75°07'36"W, 332.70 feet to the Point of Beginning. Said tract of land contains 5.11 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 prelim- inary PDH plan: A. Twenty duplex and multi-family dwellings which have been designed in a fashion compatible with the single-family character of surrounding properties, and which will be buffered from adjacent development by building setbacks and perimeter landscap- ing will be allowed. B. Reduction of the pavement width of the private streets within the development will be allowed. The private streets, Somerset Place and Somerset Lane, are intended for two-way traffic. Instead of twenty-eight foot wide paved surfaces, back-of-curb to back-of-curb (BC-BC), these streets shall be a minimum of twenty-five (25) feet in width, and will have five-inch deep As- phalt Cement Concrete (ACC) surfaces. Three-inch integral roll curbs will define the edges of the paved surfaces. Side- walks shall be waived for Somerset Place. Sidewalks are required on Somerset Lane adjacent to the curb. 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 final passage, approval and publication of this Ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORD- ING. 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. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. rt • Ordinance No. 94-3644 Page 4 Passed and approved this 25th day of October, 1994. AYOR //// ATTEST: 7wq�, . "6 CITY CL- K _ _ .. .ved / ite iii►. �ii'lri+�i o 26_9,, isAttorne s cif e . •pdadmin\welingtn_ard t Ordinance No. 94-3644 Page 5 It was moved by Novick and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby X Lehman Novick • Pigott x Throgmorton First Consideration 9/27/94 Vote for passage: AYES: Throgmorton, Baker, Kubby, Lehman, Novick. NAYS: None. ABSENT: Horowitz, Pigott Second Consideration 10/11/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 11/2/94 nils se itniergy, • triu.Il I I �' lii4 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. 94-3644 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of October , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of November 19 94 • Dated at Iowa City, Iowa, this 12th day of December , 19 94 _) ,6.6 a/n K Gc-6 A4 Susan Walsh Deputy City Clerk lwdN.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356.1000 IOWA CITY IOWA 52240-1616 FAX(319) 356-5009 utiv. n .7 - �my1 WHEREAS,the subject property is presently SECTION II. VARIATIONS. The following in an area shown on the Comprehensive Plan variations from the requirements of the RS-5 for the City of Iowa City as residential, at a zone have been approved as part of this prelim- density of two to eight dwelling units per acre; inary PDH plan: and A. Twenty duplex and multi-family dwellings WHEREAS, the density of the proposed which have been designed in a fashion development is consistent with the density compatible with the single-family character designated for this area in the Comprehensive of surrounding properties, and which will Plan;and be buffered from adjacent development by WHEREAS, the proposed design of the PDH building setbacks and perimeter landscap- plan contains a sufficient amount of open ing will be allowed. Y space and various features, such as varied B. Reduction of the Printer's fee - rooflines,.staggered facades, setbacks and pavement width of the private streets within the development will perimeter landscaping, which lessen the ap- be allowed. The private streets,Somerset CERTIFICATE OF PUBLICATION pearance of bulk and make the design compati- Place and Somerset Lane,are intended for ble with surrounding existing and anticipated two-way traffic. Instead of twenty-eight STATE OF IOWA, Johnson County, ss: single-family development. foot wide paved surfaces,back-of-curb to THE IOWA CITY PRESS-CITIZEN NOW,THEREFORE,BE IT ORDAINED BY THE back-of-curb {BC-BCI, these streets shall CITY COUNCIL OF THE CITY OF IOWA CITY, be a minimum of twenty-five (25) feet in FED. ID# 42-0330670 IOWA: width, and will have five-inch deep As- SECTION I. ZONING AMENDMENT. The phalt Cement Concrete (ACC) surfaces. I property legally described below is hereby Three-inch integral roll curbs will define reclassified from its present classification of the edges of the paved surfaces. Side- Margaret Rios, being duly sworn, RS-5 to OPDH-5,and the preliminary PDH plan submitted by Village Partners for Wellington walksshall arebe requiredwire for SomerseterPlace. saythat I am the legal clerk of Sidewalks ton Somerset Lane g Condominiums is hereby approved, subject to the IOWA CITY PRESS-CITIZEN, the approval of the final plat for Village Green adjacent to the curb. Part XIII, subject to thele al 9 SECTION III. ZONING MAP. The Building I g papers for the Inspector is hereby authorized and directed to a newspaper published in said final plat addressing drainage for dwellings with change the Zoning Map of the city of Iowa a basements and removal of snow from the City,Iowa,to conform to this amendment upon county, and that a notice f sidewalks on Somerset Lane, and also subject final passage,approval and publication of this to an ancillary agreement addressing the provi- Ordinance as provided by law. printed copy of which is hereto attached, was RECORD- published in said sion of adequate sanitary sewer capacity for SECTION IV. CERTIFICATION AND RECORD- pthe development: ING. The City Clerk is hereby authorized and paper / time(s), on the Commencing at the Southeast Corner of the Southeast Quarter, Section 13, directed to certify a copy of this Ordinance which shall be recorded at the Office of the following date(s): Township 79 North,Range 6 West of the County Recorder of Johnson County, Iowa. Fifth Principal Meridian; Thence SECTION V. REPEALER. All ordinances and G. ` /C(7'�/ 889°53'53"W, along the South Line of parts of ordinances in conflict with the provi- 1cJ oiv / Section 13, 1308.29 feet to a%"iron pin sions of this Ordinance are hereby repealed. found; Thence S89°57'00"W, along said SECTION VI. SEVERABILITY. If any section, Section Line 224.46 feet to the Southeast provision or part of the Ordinance shall be Corner of Lot 10, Village Green Part XII, adjudged to be invalid or unconstitutional,such Iowa City, Iowa, in accordance with the adjudication shall not affect the validity of the e Qac plat thereof recorded in Plat Book 33, at Ordinance as a whole or any section,provision Page 313,of the Records of the Johnson or part thereof not adjudged invalid or unconsti- Legal Clerk County Office; Thence N00°03'00"W, tutional. along the East Line of Lot 10, 84.82 feet SECTION VII. EFFECTIVE DATE. This Ordi- to the Northeast Corner thereof; Thence nance shall be in effect after its final passage, Subscribed and sworn to before me N08°58'49"E, along the East Line of Lot approval and publication,as provided by law. 11,Village Green Part XII,136.86 feet,to this L1 i..day of ,�¢� - A.D. N3the 29'01"NortheaEt Corner South Linethereof; Thencef Lot Passed and approved this 25th day , N39°29'01"E,along the South of Loi of October, 1994. ` /�� 24,403.02 feet,to the Southeast Corner 19 `j thereof, said point being the Point of �� _ (4144..4,--,,...15;2; Beginning; Thence N26°03'33"W, along ���IIIRRRYYY R ,/ /j the East of said Lot 24, 216.55 feet; ATTEST: 2ic.e,�� 9iat v✓ �// ^, Thence N47°30'51"he along said East CITY CL K tL Line 148.25 feet;to the Southeast Corner 7594 November 2,1994 Notary Public of Lot 23, Village Green Part XII; Thence N08°00'39"W,along the East Line of said 1 h Lot 23, 250.42 feet; Thence SHARON STUBBS N26°03'33"W,along the East Line of Lot • Hv!'.'s4MISSION EXPIRES .,r '•15-97 23,73.23 feet,to the Northeast Corner of Lot 23, Village Green Part XII; Thence Northeasterly 413.72 feet,along a 760.49 . foot radius curve,concave Southeasterly, whose 408.64 foot chord bears N79°31'34"W; Thence S05°06'40"W, 38.76 feet;Thence S02°51'05"E,119.31 OFFICIAL PUBLICATION feet; Thence S77°39'16"W, 99.84 feet; Thence Southeasterly 87.89 feet, along a ORDINANCE NO. 94-3644 532.57 foot radius curve concave North- easterly, whose 87.79 foot chord bears ORDINANCE AMENDING THE ZONING ORDI- S17°04'24"E; Thence S21°48'05"W, NANCE BY CHANGING THE USE REGULA- 70.75 feet; Thence Southeasterly 80.17 TIONS OF A 5.11 ACRE PROPERTY LOCATED feet, along a 290.08 foot radius curve, EAST OF WELLINGTON DRIVE FROM RS-5, concave Southwesterly,whose 79.91 foot LOW DENSITY SINGLE-FAMILY RESIDENTIAL, chord bears S13°56'31"E; Thence TO OPDH-5, A PRELIMINARY PLANNED DE- S06°01'29"E,63.40 feet;Thence South- VELOPMENT HOUSING IPDH) PLAN FOR easterly 134.08 feet along a 90.48 foot WELLINGTON CONDOMINIUMS,IOWA CITY, radius curve concave Northeasterly, IOWA. whose 122.15 foot chord bears WHEREAS,the property owner has requested the City to rezone an appropriate 5.11 acre 846°28'41"E; Thence N87"E, 42.33 feet; Thence Northeasterlyterly 63.01 tract of land located east of Wellington Drive feet, along a 356.09 foot radius curve, from RS-5,Low Density Single-Family Residen- concave Northwesterly,whose 62.92 foot tial,to OPDH-5,a Preliminary Planned Develop- chord bears N84°00'41"E; Thence merit Housing(PDH) Plan;and S11°02'46"E; 45.00 feet; Thence WHEREAS, the requested zoning change S00°55'53"E, 180.03 feet; Thence would permit development of the tract for a planned housing development of 20 dwelling N75°07'36"W, 332.70 feet to the Point units clustered in two and three unit combing- of Beginning. Said tract of land contains tions around a stormwater detention facility; 5.11 acres,more or less,and is subject to and easements and restrictions of record. 4l f rcl f54tC ORDINANCE NO. ga_g6A5 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS FOR PROPERTY LOCATED IN THE VICINITY OF THE MORMON TREK BOULE- VARD/ HIGHWAY 1 INTERSECTION FROM COUNTY Al TO CI-1, INTENSIVE COMMER- CIAL, AND TO CHANGE THE USE REGULA- TIONS FOR AN APPROXIMATE 3.07 ACRE TRACT OF LAND NORTHWEST OF THE INTER- SECTION FROM COUNTY R1ATO CO-1, COM- MERCIAL OFFICE. WHEREAS, the City of Iowa City has re- quested rezoning approximately 8.1 acres of land in the vicinity of the Mormon Trek Boule • - vard/Highway 1 intersection from county Al to CI-1, Commercial Intensive, and approximately 3.07 acres of land northwest of the intersec- tion from county R1A to CO-1, Commercial Office. WHEREAS,the zoning new zoning classifica- tions are consistent with the zoning classifica- tions of adjacent properties; and WHEREAS, the new zoning classifications are consistent with the highest and best use of the subject properties. NOW, THEREFORE, BE IT O13DAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. The prop- erty described in Exhibit A is hereby reclassified from its present classification of County Al to • CI-1, and that property described in Exhibit B is hereby reclassified from its present classifica- tion of County RIA to CO-1. 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 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 94-3645 Page 2 Passed and approved this 25th day of October, 1994. AYOR %� ATTEST: e2� �5 CITY CLERK *rove b a r� ci • torne0 min\annex.x.•rd L(-Z Ordinance No. 94-3645 Page 3 It was moved by Pigott and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Horowitz X Kubby X Lehman X Novick Pigott x Throgmorton First Consideration a/2/9i, Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Baker, Horowitz. NAYS: None. ABSENT: Throgmorton. Second Consideration 8/30/94 Voteforpassage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. Date published 11/2/94 EXHIBIT A A parcel of land located in the E 1/2 of Section 20, T79N, R6W of the 5th P.M., Johnson County, Iowa. Said parcel is described as follows: Commencing at the Center of said Section 20; Thence N89°47'41"E, 1135.60 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1 and the point of beginning; thence along said southeasterly right-of-way S34°49'11"W, 244.80 feet; thence N40°44'41"W, 414.92 feet to a point on the northwesterly Right-of-Way line of State Highway No. 1; thence the following courses and distances along said northwesterly right-of-way: N76°14'11"E, 198.37 feet; N40°17'45"E, 624.68 feet; N44°03'52"E, 272.40 feet; N42°16'52"E, 88.60 feet; N45°40'22"E, 83.50 feet; thence S39°09'33"E, 287.13 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1; thence the following courses and distances along said southeasterly right-of-way: S44°02'41"W, 389.10 feet; S47°55'56"W, 292.00 feet; S31°04'41"W, 140.40 feet; S40°03'41"W, 180.90 feet to the point of beginning. Said parcel contains 8.1 acres more or less. ppdadmin\ExhibAB.CD EXHIBIT B Commencing at the center of Section 20, Township 79, Range 6 West of the 5th P.M., thence N 0°25' E 524.1 feet to the Point of Beginning, thence N 41°07'30" W 282.4 feet, thence N 35°57' W 726.8 feet, thence S 89°50'30" E 212.9 feet, thence S 26°33'30" E 277.0 feet, thence S 41°39' E 177.0 feet, thence S 55°52'30° E 193.6 feet, thence S 0°25' W 311.8 feet to the Point of Beginning. Said tract containing 3.07 acres. ppdadmir\ExhibAB.CD • lf-Z 4,77:11irra rift. �9tt 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. 94-3645 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of October , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 2nd day of November 19 94 Dated at Iowa City, Iowa, this 12th day of December , 19 94 Vuoadi H. Z6/4,1 Susan Walsh Deputy City Clerk {wd,h.at • CIVIC CENTER • X WASHINGTON ST. 0 PHONE (319) 376-7009 IOWA CITY IOWA 53240-1816 �� FAX(319) 376-1009 PER% ^J ORD. cl y-3( 6 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 94_3645 THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: AN ORDINANCE AMENDING THE ZONING SECTION I.ZONING AMENDMENT. The prop- ORDINANCE BY CHANGING THE USE REGULA- erty described in Exhibit A is hereby reclassified TIONS FOR PROPERTY LOCATED IN THE from its present classification of County Al to /�` ^ VICINITY OF THE MORMON TREK BOULE- CI-1,and that property described in Exhibit B is I t„,/7. �_ VARD! HIGHWAY 1 INTERSECTION FROM hereby reclassified from its present classifica- Aprt,xiq COUNTY Al TO CI-1, INTENSIVE COMMER- tion of County RIA to CO-1. q CIAL, AND TO CHANGE THE USE REGULA- SECTION II. REPEALER. All ordinances and Printer's fee $ / TIONS FOR AN APPROXIMATE 3.07 ACRE parts of ordinances in conflict with the provi- TRACT OF LAND NORTHWEST OF THE INTER- cions of this Ordinance are hereby repealed. SECTION FROM COUNTY R1A TO CO-1,COM- SECTION III. SEVERABILITY. If any section, CERTIFICATE OF PUBLICATION MERCIAL OFFICE. provision or part of the Ordinance shall be STATE OF IOWA Johnson County, ss: WHEREAS, the City of Iowa City has re- adjudged to be invalid or unconstitutional,such IOWA, quested rezoning approximately 8.1 acres of adjudication shall not affect the validity of the THE IOWA CITY PRESS-CITIZEN land in the vicinity of the Mormon Trek Boule- Ordinance as a whole or any section,provision vard/Highway 1 intersection from county Al to or part thereof not adjudged invalid or unconsti- FED. ID# 42-0330670 CI-1,Commercial Intensive,and approximately tutional. 3.07 acres of land northwest of the intersec- SECTION IV. EFFECTIVE DATE. This Ordi- tion from county R1A to CO-1, Commercial nance shall be in effect after its final passage, I� Office. approval and publication,as provided by law. Margaret Rios, being duly sworn, WHEREAS,the zoning new zoning classifica- passed and approved this 25th day say that I am the legal clerk of tions are consistent with the zoning classifica- of October, 1994. tions of adjacent properties;and the IOWA CITY PRESS-CITIZEN, WHEREAS,the new zoning classifications are �tQ�tie R.4. >h. k consistent with the highest and best use of the MAYOR a newspaper published in said subject properties. ATTEST: /A,,, ._. : • - county, and that a notice, a NOW, THEREFORE, BE IT ORDAINED BY CITY CL -K printed copy of which is hereto EXHIBIT A attached, was published in said paper / time(s), on the Aoparcel of land located in the E 1/2 of Section 20,T79N,R6W of the 5th P.M.,Johnson County, I wa. following date(s): Said parcel is described as follows: 770-047,7/2.11.1.., cOi /797 97 Commencing at the Center of said Section 20; Thence N89°47'41'E, 1135.60 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1 and the point of beginning; iC thence along said southeasterly right-of-way 534°49'11'W,244.80 feet; Legal Clerk thence N40°44'41'W, 414.92 feet to a point on the northwesterly Right-of-Way line of State Highway No. 1; Subscribed and sworn to before me thence the following courses and distances along said northwesterly right-of-way: thisday of .I) i/---r---- ' , A.D. N76°14'11'E, 198.37 feet; i N40°17'45'E,624.68 feet; 19_LG��(_. N44°03'52-E,272.40 feet; N42°16'52'E,88.60 feet; N45°40'22'E,83.50 feet; i/PtIjiMAS 't-,1' ) thence S39°09'33'E, 287.13 feet to a point on the southeasterly Right-of-Way line of State Highway No. 1; -— ..- " •ublic '" SHARON STUBBS thence the following courses and distances along said southeasterly right-of-way: xtY C'1MMISSION EXPIRES 2-15-97 544°02'41'W,389.10 feet; S47°55'56-W,292.00 feet; S31°04'41'W, 140.40 feet; S40°03'41'W, 180.90 feet to the point of beginning. Said parcel contains 8.1 acres more or less. EXHIBIT B Commencing at the center of Section 20,Township 79,Range 6 West of the 5th P.M.,thence N 0°25'E 524.1 feet to the Point of Beginning,thence N 41°07'30'W 282.4 feet,thence N 35°57' W 726.8 feet,thence S 89°50'30'E 212.9 feet,thence S 26°33'30'E 277.0 feet,thence S 41°39' E 177.0 feet, thence S 55°52'30' E 193.6 feet, thence S 0°25' W 311.8 feet to the Point of Beginning. Said tract containing 3.07 acres. 7595 November 2,1994 V Ord IL ORDINANCE NO. 94-3646 AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY DEFINING "FUNERAL HOME" AND INCLUDING CREMATORIUMS AS AN ACCESSORY USE TO A FUNERAL HOME. WHEREAS, the Zoning Ordinance does not presently contain a definition of a funeral • home; and WHEREAS, the Zoning Ordinance currently makes no mention of crematoriums; and WHEREAS, The Planning and Zoning Commission and the Department of Planning and Community Development have determined that the term "funeral home" should be defined to include crematoriums as an accessory use to funeral homes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Title 14, Chapter 6, Article B, Section 14-6B-2: entitled "DEFINITIONS" of the Iowa City City Code, is hereby amended by adding the following definition: FUNERAL HOME: an establishment for the preparation of the deceased for burial, for the viewing of the deceased and for conducting funerals. Funeral homes may include crematoriums as an accessory use subject to compliance with any state or federal regulation and with any condition reasonably imposed by the Board of Adjustment for the protection of neighboring properties. 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 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 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 8th day of ovembe 199 ,MAYOR ATTEST: �_ <� . CITY CL RK Approved by Ci y Attorney's Office 7,.4 7� funeral. y '+3 Ordinance No. 94-3646 Page 2 It was moved by Kubbv and seconded by Thrneynnrtnn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby —x— Lehman • Novick Pigott x Throgmorton First Consideration 10/11/94 - Voteforpassage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Second Consideration inp5/ya Vote for passage:AYES: Horowitz, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: Kubby. Date published 11/L6/94 Lt E III I I�.��rlil 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. 94-3646 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of November , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of November 19 94 Dated at Iowa City, Iowa, this 12th day Of December , 19 94 • 1,1-ALL)04/1 K Wi Susan Walsh Deputy City Clerk 1walh.at • • CIVIC CENTER • 410E. WASHINGTON 5T. PHONE (319) 336-5000 IOWA CITY IOWA 77240-1836 ��� FAX(319) 776.7009 oko 91/-36y/6 Printer's fee $ /5 33 OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION ORDINANCE NO. 91.-3416 STATE OF IOWA, Johnson County, ss: AN ORDINANCE AMENDING CHAPTER 6 OF THE IOWA CITY PRESS-CITIZEN THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, ENTITLED "ZONING," BY DEFINING FED. ID # 42-0330670 "FUNERAL HOME' AND INCLUDING CREMATORIUMS AS AN ACCESSORY USE TO I A FUNERAL HOME.WHEREAS, the Zoning Ordnance does not Margaret Rios, being duly sworn, presently contain a definition of a funeral saythat I am the legal clerk of home:and WHEREAS, the Zoning Ordinance currently the IOWA CITY PRESS-CITIZEN, makes no mention of crematoriums;and WHEREAS, The Planning and Zoning a newspaper published in said Commission and the Department of Planning and Community Development have determined county, and that a notice, a that the term"funeral home"should be defined printed copy of which is hereto to include crematoriums as an accessory use to funeral homes. attached, was published in said NOW, THEREFORE, BE IT ORDAINED BY on the THE CITY COUNCIL OF THE CITY OF IOWA paper time(s), date(s): IOWA THAT: following date(s): SECTION I.AMENDMENT. Title 14,Chapter 6, Article B, Section 14.6B-2: entitled (720-r�� "DEFINITIONS"of the Iowa City City Code,is �l// f , / / - hereby amended by adding the following definition: FUNERAL HOME: an establishment for the preparation of the deceased for burial, for the �j viewing of the deceased and for conducting /7 �QQ funerals. Funeral homes may include l,/ 41 0--•k-e."1 crematoriums as an accessory use subject to Legal Clerk compliance with any state or federal regulation and with any condition reasonably imposed by the Board of Adjustment for the protection of Subscribed and sworn to before me neighboring properties. SECTION II. REPEALER. All ordinances and n / parts of ordinances in conflict with the provr this day of I , A.D. Bions of this Ordinance are hereby repealed. 19 N N . SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be L l adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision kle or part thereof not adjudged invalid or unconsti- 4 �I� . 11. tutional. NOtlifY PI blit SECTION IV. EFFECTIVE DATE. This Ordi- *kr'• SHARON STUBBS nance shall be in effect after its final passage, MY COMMISSION EXPIRES approval and publication,as provided by law. Passed and approved this 8th day of 2-1S-8 ovembe 199 • iu_.� , MAYOR ATTEST: 74.9, s�,i 4� CITY CLERK 2483 • November 16,1994 q3 ORDINANCE NO. 94-3647 AN ORDINANCE AMENDING TITLE 2, ENTITLED "HUMAN RIGHTS" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, TO REPEAL THE TITLE AND ADOPT A NEW TITLE TO BE KNOWN AS "IOWA CITY HUMAN RIGHTS ORDINANCE". BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1 . That Title 2, "Human Rights" of the Code of Ordinances of the City of Iowa City, Iowa, be amended by repealing Title 2, and adopting in lieu thereof a new Title to be codified the same and to read as follows: ARTICLE I. IN GENERAL Sec. 2-I. Definitions. As used in this chapter, the following terms shall have the meanings indicated: Age means chronological age of any person who has reached the age of eighteen (18) or is considered by law to be an adult. City attorney means the duly appointed attorney for the city or such person designated by the city attorney. Commission means the Iowa City Human Rights Commission. Complainant means a person who has filed a report of discrimination as provided for by this chapter. Complaint means a report of discrimination as provided for by this chapter. Conciliation team means a team of two (2) or more members of the Commission appointed to conciliate cases in which a determination of probable cause has been made. Court means the Johnson County district court for the State of Iowa. Credit transaction means any open or closed end credit transaction including but not limited to a loan, retail installment transaction, credit card issue or charge, and whether for personal or for business purposes, in which a service, finance or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce. Dependent means any person,regardless of age, who resides in a household and who 1 I Ordinance No. 94-3647 Page 2 derives primary care or support from that household. Disability means: (1) The physical or mental impairment of a person which substantially limits one or more of such person's major life activities, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this chapter does not preclude the application of the provisions of this chapter to conditions resulting from other contagious or infectious • diseases; (2) A record of having such an impairment; (3) Being regarded as having such an impairment. "Disability" does not include current, illegal use of or addiction to a controlled substance as defined by Chapter 204 of the Iowa Code. Elderly means any person who has attained the age of fifty-five (55) years. Employee means any person who works for wages, salary, or commission or any combination thereof, and persons who are seeking or applying for employment. Employer includes all entities, wherever situated, who employ one or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere. The term includes the city itself, and all other political subdivisions, public corporations, governmental units conducting any activity within the city, and public agencies or corporations. Employment agency means any person undertaking to procure employees or opportunities to work for any other person. Familial status means one or more individuals under the age of eighteen (18) domiciled with one of the following: Ordinance No. 94-3647 Page 3 (1) A parent or another person having legal custody of the individual or individuals. (2) The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (3) A person who is pregnant or is in the process of securing legal custody of the individual or individuals. Family for purposes of this chapter includes a single individual, and includes persons who are registered as domestic partners and who are eligible to obtain a certified statement of the domestic partnership from the City Clerk, as provided in Article VI of this chapter. Housing accommodation means any improved or unimproved real estate which is used or intended for use as a residence or sleeping place for one or more persons. Housing transaction means the sale, exchange, rental or lease of real property or housing accommodation and the offer to sell, exchange, rent or lease real property. Investigator means a person appointed by the city manager with the consultation of the commission, to investigate complaints filed under this chapter. Labor organization means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. Marital status means the state of being married, single, divorced, separated or widowed. Person means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, the city or any board, commission, department or agency thereof, and all other governmental units conducting any activity in the city. Public accommodation means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge. Each and every place, establishment, or facility that Ordinance No. 94-3647 Page 4 caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period. Public assistance source of income means income and support derived from any tax-supported federal, state or local funds, including but not limited to social security, supplemental security income, aid to families with dependent children, food stamps, rent subsidies, and unemployment compensation. Respondent means a person who is alleged to have committed an act prohibited by this chapter, against whom a complaint has been filed under this chapter. Sexual harassment is a form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile, or offensive environment. Sexual orientation means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex, or with a consenting adult of the opposite sex. State, state party, and state parties as used in the Preamble and Part I of the International Convention on the Elimination of All Forms of Racial Discrimination (1966) shall mean the City of Iowa City, Iowa. Sec. 2-2. Purpose. It is the purpose of this chapter to protect citizens of the city against discrimination as defined in this chapter. Moreover, this chapter provides for execution within the city of the policies of the Iowa Civil Rights Act of 1965, the Federal Civil Rights 40- Ordinance No. 94-3647 Page 5 Acts, the Preamble and Part I (Articles 1-7) of the International Convention on the Elimination of All Forms of Racial Discrimination (1966), and the promotion of cooperation between the city, state and federal agencies which are charged, presently and in the future, with enforcing these acts and instruments. Sec. 2-3. Construction. This chapter shall be construed broadly to effectuate its purpose, and shall be enforced by the Iowa City Human Rights Commission consistent with the intent, language, and spirit of the Preamble and Part I (Articles 1-7) of the International Convention on the Elimination of All Forms of Racial Discrimination (1966). However, the construction and enforcement of the Preamble and Part I of said International Convention shall in no event operate to diminish protection that otherwise exist under this chapter, the Iowa Civil Rights Act, the Federal Civil Rights Acts, or the Constitution of the State of Iowa or the Constitution of the United States of America. Secs. 2-4 - 2-15. Reserved. ARTICLE II. COMMISSION Sec. 2-16. Commission established; general duties. There is hereby established the Iowa City Human Rights Commission whose duty shall be to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this chapter and to protect citizens from unfounded charges of discriminatory practices. Sec. 2-17. Powers. The commission created by this article shall have the following powers: (1) To receive, investigate and determine the merits of complaints alleging unfair or discriminatory practices. (2) To investigate and study the existence, character, causes, and extent of discrimination in the areas covered by this chapter, and to eliminate discrimination by education, conciliation, and enforcement where necessary. (3) To issue publications and reports of the research and investigations of the commission subject to the limitations of confidentiality. 11 Ordinance No. 94-3647 Page 6 (4) To prepare and transmit to the city council from time to time, but not less often than once each year, reports describing the proceedings, investigations, hearings, decisions and other work performed by the commission. (5) To make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. (6) To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. (7) To adopt guidelines by which to • determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. (8) To make recommendations to the city manager and city council regarding the affirmative action program of the city and to offer assistance to city departments to ensure fair employment procedures and the provision of city services without bias. (9) To seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result of an alleged violation of this chapter. A temporary injunction may only be issued ex parte if the complaint filed with the commission alleges discrimination in housing. In all other cases, a temporary injunction may be issued only after the respondent has been notified and afforded the opportunity to be heard. (10) To issue subpoenas and order discovery as provided by this section in aid of investigations and hearing of alleged unfair or discriminatory housing or real property practices. The subpoenas and discovery may be ordered to the same extent and are subject to the same +it Ordinance No. 94-3647 Page 7 limitations as subpoenas and discovery in a civil action in district court. Sec. 2-18. Structure. The commission shall consist of nine (9) • members, appointed by vote of the city council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the city. Sec. 2-19. Records to be public; exceptions. (a) All records of the commission shall be public except: (1) Complaints of discrimination, reports of investigations, statements and other documents or records obtained in the investigation of any charge shall be closed records unless a public hearing is held. (2) The minutes of any session which is closed under the provisions of this chapter shall be closed records. • (b) No member of the commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, except as may be necessary to conduct an investigation of a complaint. Nothing in this section shall prevent the commission from releasing • such information concerning alleged or acknowledged discriminatory practices to the state civil rights commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission, and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Ordinance No. 94-3647 Page 8 commission or its staff shall constitute grounds for removal. Secs. 2-20 - 2-30. Reserved. ARTICLE III. DISCRIMINATORY PRACTICES Sec. 2-31. Employment; exceptions. (a) It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership,apprenticeship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of age, color, creed, disability, marital status, national origin, race, religious, sex, or sexual orientation of such applicant or member. (c) It shall be unlawful for any employer, employment agency, labor organization, or the employees or members thereof to. directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome,objectionable, or not solicited for employment or membership because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (d) Employment policies relating to pregnancy and childbirth shall be governed by the following: (1) A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this chapter. (2) Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and 411- Ordinance No. 94-3647 Page 9 recovery therefrom are, for all job- related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment, or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. (e) It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization, or their employees, agents, or members and an employee or prospective employee concerning employment, pay, or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this paragraph do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the Center for Disease Control of the United States Department of Health and Human Services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. (f) The following are exempted from the provisions of this section: (1) Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for 14 Ordinance No. 94-3647 Page 10 instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (2) An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (3) The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. (4) The employment of individuals to render personal service to the person of the employer or members of the employer's family. (5) To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (6) A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (7) To employ on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. 1-4 Ordinance No. 94-3647 Page 11 Sec. 2-32. Public accommodation; exceptions. (a) It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages of any place of public accommodation because of age, color, creed, disability, marital status, national origin,race, religion, sex, or sexual orientation. (b) It shall be unlawful to directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons is unwelcome, objectionable, or not solicited because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to a bona fide religious purpose. (d) Public accommodations may be designated specifically for the elderly and disabled. However, public accommodations may not be restricted among the elderly and disabled on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex or sexual orientation. Sec. 2-33. Credit transactions; exceptions. (a) It shall be unlawful for any creditor to refuse to enter into any consumer credit transaction or to impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (b) It shall be unlawful for any person authorized or licensed to do business in this state pursuant to Chapters 524, 533, 534, 536, or 536A of the Code of Iowa (1993) to refuse to loan or to extend credit or to impose terms or 44 Ordinance No. 94-3647 Page 12 • conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation. (c) It shall be unlawful for any creditor to refuse to offer credit, life, or health and accident insurance because of age, color, • creed, disability, marital status, national origin, race, religion, sex or sexual orientation. Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by Title XIII, subtitle 1, Code of Iowa. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. (d) Refusal to enter into any consumer credit transaction covered in this section shall not be a discriminatory practice if such denial is based on a fair and reasonable determination of credit-worthiness or ability to comprehend the transaction. Sec. 2-34. Education. (a) It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex, or sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: (1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, extracurricular, research, occupational training, or other program or activity. (2) Denial of comparable opportunity in intramural and interscholastic athletic programs. 14 Ordinance No. 94-3647 Page 13 (3) Discrimination among persons in employment and the conditions of employment. (4) On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or • activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. (b) For the purpose of this section "educational institution" includes any preschool, elementary, secondary, or merged area school, area education agency, or post-secondary college and their governing boards, with the exception that this section shall not include the University of Iowa or any other educational division of the State of Iowa. (c) This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion when such qualifications.are related to a bona fide religious purpose or any institution from admitting students of only one sex. Sec. 2-35. Aiding or abetting; retaliation. It shall be an unfair or discriminatory practice for: (1) Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter. (2) Any person to discriminate against another person because such person has either lawfully opposed . any discriminatory practice forbidden by this chapter, obeyed the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. 1 Ordinance No. 94-1647 Page 14 ARTICLE IV. ENFORCEMENT OF HUMAN RIGHTS Sec. 2-36. Persons who may file complaints; method of filing complaint; amending complaint. (a) All persons claiming to be aggrieved by a discriminatory or unfair practice within this city may, by themselves or by counsel make, sign, and file with the commission a verified, written complaint which shall state the name and address of the person, employer, employment agency, or labor organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the commission. (b) The commission, a commissioner, the city attorney or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. (c) The commission or the complainant shall have the power to reasonably and fairly amend any complaint and the respondent shall have like power to amend such respondent's answer, at any time prior to hearing. (d) A claim under this chapter shall not be maintained unless a complaint is filed with the commission within one year after the alleged discriminatory or unfair practice occurred. (e) A verified copy of a complaint filed with the state civil rights commission under the provisions of Chapter 216, Code of Iowa, or EEOC shall be sufficient complaint for the purpose of this chapter if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practice occurred within this city. Sec. 2-37. Investigation of complaints; predetermination settlement. (a) After the filing of a verified complaint, a true copy shall be served within twenty (20) days by certified mail on the person against whom the complaint is filed. •Li Ordinance No. 94-3647 Page 15 (b) A commissioner, the human rights coordinator or an authorized member of the commission's staff shall promptly investigate the complaint. [Note: the power to issue subpoenas was transferred to Section 2-17.] (c) After the verified complaint is filed, the investigator shall issue a written investigative summary and recommendation to the city attorney whether probable cause exists that the person charged in the complaint has committed a discriminatory practice. (d) After receipt of the investigator's written investigative summary and recommendation regarding probable cause, the city attorney shall issue a written opinion to the commission whether probable cause exists to believe a discriminatory practice occurred as alleged by the complainant. (e) Any time after a complaint is filed under this chapter, but before the investigator issues a recommendation to the city attorney, the investigator may seek a disposition of the complaint through predetermination settlement, if such settlement is in the interest of the complainant. Predetermination settlements shall be subject to review by the chair of the commission. Sec. 2-38. Proceedings on complaints; probable cause. (a) After the investigator and the city attorney have made their determinations regarding probable cause to support a complaint, the human rights coordinator shall promptly assign the complainant's file to a conciliation team for determination of probable cause. (b) If the conciliation team finds that probable cause exists regarding the allegations of the complaint, the team shall notify the complainant and the respondent of the finding and shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. (c) If the conciliation team finds that no probable cause exists, the team shall Ordinance No. 94-3647 Page 16 issue a written finding dismissing the complaint and notifying the parties of the complainant's right to appeal the finding. The team shall promptly mail a copy to the complainant and to the respondent by certified mail. (d) A complainant may object to the finding of no probable cause within ten (10) days of receipt of the written finding and notice. If a complainant makes a timely written request for review of the finding, the conciliation team shall hear the complainant's evidence in executive session within thirty (30) days of the request for review. If no probable cause is again the finding after review, the conciliation team shall notify the complainant in writing of the decision, and shall close the file. If the conciliation team finds probable cause after review, the team shall proceed with efforts to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. Sec. 2-39. Conciliation procedures. (a) The conciliation team shall endeavor to eliminate the discriminatory or unfair practice by conciliation, conference and persuasion for a period of ninety (90) days following the initial conciliation meeting between the respondent and the conciliation team following the finding of probable cause. After the expiration of ninety (90) days, the commission may order the conciliation conference and persuasion-procedure to be bypassed if the commission determines the procedure is unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that the respondent is unwilling to continue with the conciliation. The commission shall state in writing the reasons for bypassing further conciliation efforts. This statement shall include a summary of the conciliation effort, the principal facts as disclosed in the investigation, and other relevant reasons for the recommendation. 11 Ordinance No. 94-3647 Page 17 (b) If the team succeeds in reaching a disposition agreeable to the complainant and the respondent, the disposition shall be reduced to written agreement, executed by the complainant and the respondent. The result shall be reported to the commission. (c) The terms of a conciliation agreement reached with the respondent may require the respondent to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement; to take remedial action which, in the judgment of the commission, will carry out the purposes of this chapter; and to consent to the entry in a appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the commission of the violation at any time within six (6) months of its occurrence. In all cases in which a conciliation agreement is entered, the commission shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the commission deems proper. At any time, in its discretion, the commission may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the commission shall take appropriate action to assure compliance. (d) If the team is unable to reach a disposition agreeable to the parties, the team shall notify the commission of the result. The team may recommend : (1) no further action be taken and the file be closed. (2) the commission issue a written • notice to be served on the parties specifying the charges in the complaint and requiring the respondent to answer the charges of the complaint at a hearing before f iI/ Ordinance No. 94-3647 Page 18 the commission or a person designated by the commission. Sec. 2-40. Remedial Action. For the purposes of this chapter, remedial action includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. (2) Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the- job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. (3) Admission of individuals to a public accommodation or an educational institution. (4) Sale, exchange, lease,rental, assignment or sublease of real property to an individual. (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. (6) Reporting as to the manner of compliance. (7) Posting notices in conspicuous places in the respondent's place of business in a form prescribed by the commission and inclusion of notices in advertising material. (8) Payment to the complainant of damages caused by the discriminatory or unfair practice which shall include actual damages, court costs. and reasonable attorney fees. (9) In addition to the remedies in the preceding provisions of this subsection, the commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative Ordinance No. 94-3647 Page 19 action as in the judgment of the commission will carry out the purposes of this chapter as follows: a. In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of their employment, the commission shall so certify to the licensing agency. Unless the practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures. b. In the case of a respondent who is found by the commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested,commanded,performed, or knowingly or recklessly tolerated by the board or executive agent acting within the scope of their employment, the commission shall so certify to the contracting agency. Unless the commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency. Ordinance No. 94-3647 Page 20 c. Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this chapter, and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. (10) The election of an affirmative order under paragraph (2) of this subsection shall not bar the election of affirmative remedies provided in paragraph (1) of this subsection. Sec. 2-41. Notice and hearing. (a) When the commission determines upon recommendation of the conciliation team that conciliation is not possible and the case should proceed to public hearing before the commission, the commission shall issue and cause to be served a written notice: (1) Specifying the charges in the complaint, as they may have been amended. (2) Requiring the respondent to answer the charges of the complaint at a hearing before the commission, or a person designated by the commission to conduct the hearing; (b) The case in support of such complaint shall be presented at the hearing by the commission's attorney. The human rights coordinator or other person who investigated the complaint shall not participate in the hearing except as a witness, nor shall the coordinator or investigator participate in the deliberations of the commission in such case. (c) The hearing shall be conducted in accordance with the provisions of Chapter 17A, Code of Iowa for contested cases. The burden of proof in such a hearing shall be on the commission. Ordinance No. 94-3647 Page 21 Sec. 2-42. Findings and order. (a) If upon taking into consideration all of the evidence at a hearing, the commission determines that the respondent has engaged in a discriminatory or unfair practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the commission shall carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent and complainant and to any other public officers and persons as the commission deems proper. A description of possible remedial actions appears in section 2-40. (b) If upon taking into consideration all of the evidence at a hearing, the commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue an order denying relief and stating the findings of fact and conclusions of the commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. Sec. 2-43. Judicial review;enforcement. (a) The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the county where the discriminatory practice occurred. (b) Such an enforcement proceeding shall be initiated by the filing of a petition in the court and the service of a copy thereof upon the person charged. The commission shall then file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in "7 -1 Ordinance No. 94-3647 Page 22 such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part. (c) An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (d) Any party to the enforcement proceeding may move the court to remit the case to the commission in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties shall show reasonable grounds for the failure to adduce such evidence before the commission. (e) In the enforcement proceeding the court shall determine its order on the same basis as it would in a proceeding reviewing commission action under Section 17A.19, Code of Iowa. (f) The commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders. (g) The commission may appear in court by the city attorney or a designee. (h) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission issued pursuant to Section 2-43, the commission may obtain an order of the court for the enforcement of such order upon showing that the person charged is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought. (i) Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act. Notwithstanding the terms of such Act, petition for judicial review may be filed in Ordinance No. 94-3647 Page 23 the district court in which an enforcement proceeding under subsection (a) and (b) may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa Administrative Procedure Act, the issuance of a final decision of the commission under this chapter occurs on the date notice of the decision is mailed by certified mail to the parties. Notwithstanding the time limit provided in Section 17A.19, subsection 3 of the Code of Iowa, a petition for judicial review of no-probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty (30) days of the issuance of the final agency action. Sec. 2-44. Sixty-day release from administrative process; alternative judicial proceedings upon complaints. (a) Conditions for release. A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek administrative relief by filing a complaint with the commission in accordance with Section 2-36. After the proper filing of a complaint with the commission, a person may subsequently commence an action for relief in the district court if all of the following conditions have been satisfied: (1) The complainant has timely filed the complaint with the commission as provided in section 2-36(d). (2) The complaint has been on file with the commission at least sixty (60) days and the commission has issued a release to the complainant pursuant to subsection (b) of this section. (b) Requirements for issuance of release. Upon a request by the complainant, and after the expiration of sixty (60) days from the timely filing of a complaint with the commission, the commission shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not IT Ordinance No. 94-3647 Page 24 be issued if a finding of no probable cause has been made on the complaint, or a conciliation agreement has been executed, or the commission has served notice of hearing upon the respondent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. (c) Notwithstanding Section 2-20, a party may obtain a copy of all documents contained in a case file where the commission has issued a release to the complainant pursuant to this subsection. (d) An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection (b) of this section. If a complainant obtains a release from the commission under subsection (b) of this section, the commission shall be barred from further action on that complaint. (e) Venue for an action under this section shall be in Johnson County, Iowa. (f) The district court may grant any relief in an action under this section which is authorized by section 2-40. The district court may also award the respondent reasonable attorney's fees and court costs when the court finds that the complainant's action was frivolous. (g) It is the legislative intent of this section that every complaint be at least preliminarily screened by the Commission during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted. ARTICLE V. FAIR HOUSING Sec. 2-45. Housing; exceptions. It shall be an unlawful or discriminatory practice for any person to: (a) Refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion or interest therein, to any person because of the age, color, creed, disability, marital status, familial status, 44-( Ordinance No. 94-3647 Page 25 national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of that person. (b) Discriminate against any other person in the terms, conditions, or privileges of any real estate transaction because of age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income. (c) Directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person is not welcome or not solicited because of age, color, creed, disability, marital status, familial status, national origin, • . race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income. (d) Discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation because of age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (e) For purposes of this Article, "person" means one or more individuals, corporations, partnerships, associations, labor organizations,legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. Ordinance No. 94-3647 Page 26 Sec. 2-46. Exceptions. The following are exempted from the provisions of this section: (a) Any bona fide religious institution with respect to any qualification it may impose based on religion when such qualifications are related to a bona fide religious purpose. (b) The rental or leasing of four (4) or fewer rooms within a single housing accommodation by the owner of such housing accommodation, if the owner resides therein. (c) Restrictions based on sex or the presence or absence of dependents in the rental, leasing or sale of housing accommodations by nonprofit corporations. (d) Restrictions based on sex in the rental or leasing of housing accommodations within which residents of both sexes would share a common bathroom facility on the same floor of the building. (e) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations within an owner-occupied dwelling of four (4) or fewer units where the owner occupies the premises, or some portion thereof, and actually resides therein. (f) Restrictions based on presence or absence of dependents in the rental or leasing of housing accommodations where the owner occupied the premises, or some portion thereof, and actually resided therein as of the effective date of this chapter. Owner, for the purposes of this exemption, shall be defined as a person having at least a fifty (50) per cent interest in the property. (g) Rental or leasing of housing accommodations where seventy-five(75) per cent or more of the persons residing therein are fifty-five (55) years of age or older or are disabled as that term is defined in this chapter. Provided that these qualifications are met, such accommodations may be designated specifically for the elderly and/or disabled If r( Ordinance No. 94-3647 Page 27 subject to the requirements of this Chapter. (h) Housing accommodations may be designated specifically for the elderly and/or disabled. However, such housing accommodations may not otherwise be restricted among the elderly and/or disabled on the basis of age, color, creed, disability, marital status, familial status, national origin,race, religion, sex, sexual orientation, public assistance source of income, or presence or absence of dependents, provided that any such dependents meet the definitions of elderly or disabled as provided herein. Designations of such restrictions shall be made part of any rental property on file with the City of Iowa City. Designations shall be in writing on forms provided by the city and shall be in effect until changed, but shall apply for a minimum period of one year. Sec. 2-47. Additional unfair or discriminatory practices. (a) A person shall not induce or attempt to induce another person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income. (b) A person shall not represent to a person of a particular age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental. (c) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of any of the following persons: (1) That buyer or renter. ' F Ordinance No. 94-3647 Page 28 (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available. (3) A person associated with that buyer or renter. (d) A person shall not discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of any of the following persons: (1) That person. (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available. (3) A person associated with that person. (e) For the purposes of this section only, discrimination includes any of the following circumstances: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. In the case of a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter's agreement to restore the interior of the premises to the condition that existed before the modification, • reasonable wear and tear excepted. (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling. (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after January I, 1992, a failure to design and construct those dwellings in a manner that meets the following requirements: '4 T Ordinance No. 94-3647 Page 29 (A) The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons. (B) All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs. (C) All premises within the dwellings contain the following features of adaptive design: (i) An accessible route into and through the dwelling. (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations. (iii) Reinforcements in bathroom walls to allow later installation of grab bars. (iv) Usable kitchens and bathrooms so that a person in a wheelchair can maneuver about the space. (D) Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and usability for physically handicapped people,commonly cited as "ANSI A 117.1", satisfies the requirements of paragraph "e", subparagraph (3), subparagraph subdivision (C). (4) Nothing in this subsection requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others. 21 Ordinance No. 94-3647 Page 30 (f) A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available or in terms or conditions of a residential real estate related transaction because of age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income. (g) For the purpose of this subsection, "residential real estate related transaction" means any of the following: (1) To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair, or maintain a dwelling, or to secure residential real estate. (2) To sell, broker, or appraise residential real estate. (h) A person shall not deny another person access to,or membership or participation in a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of age, color, creed, disability, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income. Sec. 2-48. Proceedings; housing. (a) The commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation, the commission determines that the person should be alleged to have committed a discriminatory housing or real estate practice. (b) In addition to the information required in the notice, the commission shall include in a notice to a respondent joined under this subsection an explanation of the Ordinance No. 94-3647 Page 31 basis for the determination under this subsection that the person is properly joined as a respondent. (c) The commission shall, during the period beginning with the filing of a complaint and ending with the finding that there is or is not probable cause as defined in this chapter, to the extent feasible, engage in mediation with respect to the complaint. (1) A mediation agreement is an agreement between a respondent and the complainant and is subject to commission approval. (2) A mediation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a mediation agreement may authorize appropriate relief, including monetary relief. (3) A mediation agreement shall be made public unless the complainant and respondent agree otherwise, and the commission determines that disclosure is not necessary to further the purposes of this chapter relating to unfair practices or discrimination in housing or real estate. (4) The proceedings or results of mediation shall not be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons who are party to the mediation. (5) After the completion of the commission's investigation, the commission shall make available to the aggrieved person and the respondent information derived from the investigation and the final investigation report relating to that investigation. (d) If thecommission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purposes of this chapter relating to unfair or discriminatory housing or real 7- 7' Ordinance No. 94-3647 Page 32 estate practices, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. (e) The commission shall prepare a final investigative report. A final report under this section may be amended by the commission if additional evidence is discovered. (f) The commission shall determine based on the facts whether probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur. The commission shall make this determination not later than one hundred (100) days after a complaint is filed unless any of the following applies: (1) It is impracticable to make the determination within that time period. (2) The commission has approved a mediation agreement relating to the complaint. (3) If it is impracticable to make the determination within the time period provided by this subsection, the commission shall notify the complainant and respondent in writing of the reasons for the delay. (g) If the commission determines that probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall immediately issue a determination unless the commission determines that the legality of a zoning or land use law or ordinance is involved as provided in subsection (i). A determination issued under this subsection must include all of the following: (1) A short and plain statement of the facts on which the commission has found probable cause to believe that a discriminatory housing or real estate practice has occurred or is about to occur. (2) The determination must be based upon the final investigative report. 241 Ordinance No. 94-1647 Page 33 (3) The determination need not be limited to the facts or grounds alleged in the complaint. (h) Not later than twenty (20) days after the commission issues a determination, the commission shall send a copy of the determination with information concerning the election under this chapter to all of the following person: (1) Each respondent. The respondent shall also receive a notice of the opportunity for a hearing as provided under this Chapter. (2) Each aggrieved person on whose behalf the complaint was filed. (i) If the commission determines that the matter involves the legality of a state or local zoning or other land use ordinance, the commission shall not issue determination and shall immediately refer the matter to the city attorney for appropriate action. (j) If the commission determines that no probable cause exists to believe a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall promptly dismiss the complaint. The commission shall make public disclosure of each dismissal under this section. (k) The commission shall not issue a determination under this section regarding an alleged discriminatory housing or real estate practice after the beginning of a trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing or real estate practice. (I) If the commission determines that probable cause exists to believe a discriminatory housing or real estate practice has occurred, the commission may, after notice, provide for a hearing on the charges in the complaint. The hearing shall be conducted in accordance with Chapter 17A, Code of Iowa for contested cases. (m) If the commission determines at a hearing under subsection (I) that a til Ordinance No. 94-3647 Page 34 respondent has engaged or is about to engage in a discriminatory housing or real estate practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, court costs, and other injunctive or equitable relief. To vindicate the public interest, the commission may assess a civil penalty against the respondent. Sec. 2-49. Additional proceedings; housing. If the commission issues an order with respect to a discriminatory housing practice • that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the commission, not later than thirty days after the date of issuance of the order, shall do all of the following: (1) Send copies of the findings and the order to,the governmental agency. (2) Recommend to the governmental agency appropriate disciplinary action. Sec. 2-50. Effect on other law. (a) This section does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards. (b) This section does not affect a requirement of nondiscrimination in other city ordinances. ARTICLE VI. DOMESTIC PARTNERSHIP Sec. 2-51. Purpose. (a) The City of Iowa City, Iowa recognizes that nationwide debate has advanced an expanded concept of familial relationships beyond traditional marital and blood relationships. This expanded concept recognizes the relationship of two (2) non-married but committed adult partners. Recognizing this, the City of Iowa City, Iowa hereby adopts a process to provide persons to declare themselves as domestic partners, thus enabling employers to voluntarily provide equal • treatment in employment benefits for such partners and their dependents. (b) This Article establishes a mechanism for the public expression and documentation of the commitment reflected by the 1�( Ordinance No. QG_16t7 Page 35 domestic partnership whose members cannot or choose not to marry. (c) It is appropriate and fair that certain of the societal privileges and benefits now accorded to members of a marriage be extended to those who meet the qualifications of a domestic partnership. The mechanism established by this Article will facilitate the definition of those entitled to such privileges. Sec. 2-52. Requirements and eligibility. (a) A domestic partnership shall exist between two (2) adults if all of the following are true: (1) The persons are not related by blood closer than permitted under the marriage laws of the state. (2) Neither person is married. (3) The persons are competent to enter into a contract. (4) The persons declare that they are each other's sole domestic partner. (5) The persons declare that they are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, mutual support means that they contribute mutually to each other's maintenance and support. (6) The persons file a statement of domestic partnership as set forth in this Article. (7) The persons agree to notify the city of the termination of their domestic partnership, or a change in their employment or residence which would render them ineligible to register as domestic partners under this Article. Sec. 2-53. Statements of domestic partnership; registration. (a) The City Clerk shall accept an application to register as domestic partners from persons who state in such application that they meet the definition of domestic partners in this Article. The City Clerk shall provide forms as necessary to interested individuals. i/I r Ordinance No. 94-3647 Page 36 (b) The City Clerk shall only accept applications for registration of domestic partnership from those persons: (1) in a partnership where at least one person resides in Iowa City; or (2) in a partnership in which at least one person is employed in Iowa City. (c) The City Clerk shall charge an application fee as set by resolution of the City Council for the registration of a domestic partnership. The payment of this fee entitles the person filing a statement on behalf of the domestic partnership to two (2) copies of the statement certified by the City Clerk. Additional certified copies may be purchased by the person. These copies of the certified statement shall not be issued prior to the third working day after the date of application. (d) The application and certified statement may be used as evidence of the existence of a domestic partners relationship. Sec. 2-54. Termination. (a) Either person in a domestic partnership may initiate termination of the domestic partnership by written notification to the City Clerk. The person filing the termination statement must declare that: (1) the domestic partnership is terminated; and (2) a copy of the termination statement has been mailed to the other domestic partner by certified mail, return receipt requested. (b) A domestic partnership terminates when the earlier of the following occurs: (1) one of the persons in the domestic partnership dies; or (2) ninety (90) days elapse after both partners file a notice of termination of domestic partnership; or (3) ninety (90) days elapse after one partner files a notice of termination of domestic partnership and provides the City Clerk proof that the notice of termination of partnership has been mailed to the other partner at the last known T"f" Ordinance No. 94-3647 Page 37 address, or that the partner cannot be located or refuses to accept the mailed notice. A properly mailed • notice which is returned as refused or undeliverable shall be adequate proof. (c) If any of the criteria under Sec. 2-52 cease to exist, the parties shall be ineligible for any benefits based upon the domestic partnership unless otherwise provided by law or the employer. (d) When an employer permits or provides benefits to the domestic partner of an employee, the domestic partner may be eligible to continue to receive benefits for a period of sixty (60) days after the death of the employee. The employer shall give the domestic partner written notice by U.S. mail, postage prepaid, at the address provided by the employee stating whether such benefits are available to the partner. Said notice shall state the date on which group benefit coverage, if any, terminates, and shall • state the right, if any; of the domestic partner to transfer benefit coverage to a non-group plan without lapse of coverage and without providing evidence of good health. (f) No person who has registered as a domestic partner pursuant to Section 2- 53 of this chapter shall be eligible to file a new application for registration as a domestic partner until ninety (90) days have elapsed after the domestic partnership has terminated. Sec. 2-55. Records. The City Clerk shall maintain records of domestic partnership statements, showing the name and address of applicants for domestic partnership, and the date of application, certification and termination of domestic partnerships. 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 adjudged to be invalid or unconstitutional, such • adjudication shall not affect the validity of the Ordinance No. 94-1647 Page 38 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 8th day of 4,vember ' •94. llv✓R rel . • ';� MAYOR ATTEST: CI CLERK App .ved bprZnia / ear ty Attorne s Office �j[y/ civrightWc.ard /O////I Ordinance No. 94-3647 Page 39 It was moved by x„hhy and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y Baker Horowitz Kubby x Lehman x Novick x Pigott Throgmorton First Consideration 10/11/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. NAYS: Lehman. ABSENT: None. Second Consideration 1o/25/94 Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton, Baker. NAYS: Lehman. ABSENT: Kubby. Date published 11/16/94 441/ II •t m,,re '✓f h!'4 •iitate rag.;i nil • 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. 94-3647 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of November , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 16th day of November' 19 94 • Dated at Iowa City, Iowa, this 12th day of December , 19 94 1 40A. 404A • )i. Susan Walsh Deputy City Clerk \wd•h.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356.5000 IOWA CITY IOWA 7220.1816 35 ��� FAX(319) 756-55009 Utiti ' 71 '✓07J I '7 0 Family for purposes of this chapter I City'attorney means the duly appointed includes a single individual, and includes attorney for the city or such person designated persons who are registered as domestic by the city attorney' partners and who are eligible to obtain a Commission means the Iowa City Human certified statement of the domestic partnership Rights Commission. from the City Clerk,as provided in.Article VI of Complainant means a person who has this chapter. filed a report of discrimination es provided for Housing accommodation means any by[his chapter. improved or unimproved real estate which is Complaint means a report of used or intended for use as a residence or discrimination as provided for by this chapter. sleeping.place for one or more persons. p�7.. S Conciliation team means a team of two Printer's fee $ 5' ! (2) or more members of the Commission Housing transaction means the sale, appointed to conciliate cases in which a exchange, rental or lease of real property or determination of probable. housing accommodation and the offer to sell, CERTIFICATE OF PUBLICATION cause has been exchange,rent or lease real property. STATE OF IOWA, Johnson County, ss: I Investigator means a person appointed by Court means the Johnson County district the city manager with the consultation of the THE IOWA CITY PRESS-CITIZEN court for the State of Iowa. commission, to investigate complaints filed FED. ID#42-0330670 Credit transaction means any open or under this chapter. closed end credit transaction including but not Labor organization means any limited to a loan,retail installment transaction, organization which exists for the purpose in I credit card issue or charge, end whether for whole or in part of collective bargaining, of Margaret Rios being duly swornpersonal or for business purposes,in which a dealing with employers concerning grievances, ss service,finance or interest charge is imposed, terms,or conditions of employment,or of other I say that I am the legal clerk of or which provides for repayment in scheduled mutual aid or protection in connection with payments,when such credit is extended in the employment. the IOWA CITY PRESS-CITIZEN, regular course of any trade or commerce. Marital status means the state of being a newspaper published in said Dependent means any person,regardless married, single, divorced, separated or of age, who resides in a household end who widowed. county, and that a notice, a derives primary care or support from that Person means one or more individuals, partnerships, associations, corporations, le al printed copy of which is hereto household. leo al means: representatives,,trustees,receivers,the city or 111 The physical or mental impairmentany board,commission,department or agency attached, was published in said p y of a person which substantially limits one or thereof, and all other governmental units paper / tune(s), on the more of such person's major life conducting any activity in the city. Public accommodation means each end followingactivities, and the condition of a persong date(s): with a positive human Immunodeficiency every place, establishment, or facility of y/ virus test result,a diagnosis of acquired whatever kind, nature, or class that caters or /I DL/-t'M, ,1�,p,, i �� / 99y immune deficiency syndrome, a offers services, facilities, or goods to the I diagnosis of acquired immune deficiency general public for a fee or charge. Each and every place, establishment, or facility that syndrome-related complex,or any other condition related to acquired immune caters or offers services,facilities,or goods to deficiency syndrome. The Inclusion of a the general public gratuitously shell be deemed (,, condition related to a positive humani O� a public accommodation if the accommodation f77 0--(-5;0--(-5; 0.1-t ..-I-oimmunodeficiency virus test result in the receives any substantial governmental support d meaning of 'disability" under the or subsidy. Public accommodation shall not Legal Clerk provisions of this chapter does not mean any bona fide private club or other place, preclude the'epplication of the provisions establishment,or facility which is by its nature of this chapter to conditions resulting distinctly private, except that, when such Subscribed and sworn to before me from other contagious or infectious distinctly private place, establishment, or ' diseases; facility caters or offers services, facilities, or thin day of'jy� e/• , A.D. goods to the general public for a fee or charge or gratuitously, it shall be deemed a public (21 A.record of having such an impairment; accommodation during such period. I 3) Being regarded as having such an Public assistance source of income impairment. 'Disability"does not include means income and support derived from any r/ / current, illegal use of or.addiction toe controlled substance as defined by tax-supported federal, state or local funds. including but not limited to social security, - Chapter 204 of the Iowa Code. supplemental security income, aid to families blic Elderly means any person who has with dependent children, food stamps, rent �y t: person the age of fifty-five 1551 years. subsidies,and unemployment compensation. SHARON STUBBS Employee means any who works .. MY COMMISSION EXPIRES Respondent means a person who is 2'15'91 for wages, salary, or commission :or any alleged to have committed en act prohibited by 'o^• combination thereof, and persons who are this chapter, against whom a complaint has seeking or applying for employment. been filed under this chapter. Employer includes all entities,wherever Sexual harassment is a form of sex situated, who employ one or more employees discrimination. Sexual harassment may take within the city,or who solicit individuals within the form of deliberate or repeated comments, the city to apply for employment within the city questions,representations or physical contacts OFFICIAL PUBLICATION or elsewhere. The term includes the city itself, of a sexual nature which are unwelcome to the and ell other political subdivisions, public recipient. Sexual harassment may also take the ORDINANCE NO. 46-ic6T corporations. governmental units conducting form of conduct that has the purpose or effect any activity within the city,and public agencies of cleating an intimidating,hostile,or offensive or corporations. environment. AN ORDINANCE AMENDING TITLE 2, ENTITLED 'HUMAN RIGHTS' OF THE CODE ' OF ORDINANCES OF THE CITY OF IOWA Employment agency means any person Sexual orientation means the status of ill CITY,TO REPEAL THE TITLE AND ADOPT A undertaking to procure employees or NEW TITLE TO BE KNOWN AS 'IOWA CITY opportunities to work for any other person. preferring a relationship of affection on or a sexual Familial status means one or more relationship with a consenting adult of the HUMAN RIGHTS ORDINANCE'. same sex, or with a consenting adult of the individuals under the age of eighteen 1181 (opposite sex. BE IT ORDAINED BY THE COUNCIL OF THE domiciled with one of the following; State. state carry, and state parties as CITY OF IOWA CITY,IOWA: II) A parent or another person having legal used in the Preamble end Part I of the ;ECTION 1 That Title 2, 'Human Rights'of custody of the individual or Individuals. International Convention on the Elimination of the Code of Ordinances of the City of Iowa 121 The designee of the parent or the other I All Forms of Racial Discrimination(1966)shall City, Iowa, be amended by repealing Title 2, person having custody of the individual mean the City of Iowa City,Iowa. end adopting In lieu thereof a new Title to be or Individuals, with the written Sec.2-2. Purpose. codified the same and to read as follows: I permission of the parent or other person. It is the purpose of this chapter to ARTICLE I. IN GENERAL (31 A person who is pregnant or is in the protect citizens of the city against Sec.2.1. Definitions. process of securing legal custody of the discrimination as defined in this chapter. As used in this chapter, the following individual or individuals. Moreover,this chapter provides for execution terms shall have the meanings indicated: Ape means chronological age of anywithins c city o6he phcies of the Iowa Rights 9 g Rights Act of 1965, the Federal Civil Rights person who hes reached the age of eighteen 1181 or is considered by law to be en adult. 1I/ Acts,the Preamble end Part I(Articles 1-7)of (101 To issue subpoenas and order discovery V K(J• CI .....364/4/7 a2 ,c, � the International Convention on the Elimination as provided by this section in aid of (c) It shall be unlawful for any employer, of All Forms of Racial Discrimination (1966), investigations end hearing of alleged and the promotion of cooperation between the unfair or discriminatory housing or real employment agency, labor organization, ,-city, state and federal agencies which aredr the employees or membersor thereof to charged, presently. end the future, with property practices. The subpoenas send directly or indirectly advertise or in any discovery may be ordered to the same other manner indicate or publicize that enforcing these acts and instruments. extent and are subject to the same individuals are unwelcome,objectionable, Sec.2-3. Construction. limitations as subpoenas and discovery in or not solicited for employment or This chapter shall be construed broadly a civil action in district court; membershipage, color, to effectuate its purpose,and shall be enforced because of g See.2.18. ures creed,disability, marital status, national by the Iowa City Human Rights Commission consistent with the intent,language,end spirit The commissionsion shall consist of nine 19) origin, race, religion, sex, or sexual of the Preamble end Part I Articles 1-7)of the members, appointed by vote of the city , orientation. International Convention on the Elimination of I council. Appointees shall serve for a term of (dl Employment policies relating to All Forms of Racial Discrimination (1968). three(3)years and thereafter until a successor I pregnancy and childbirth shall be However,the construction and enforcement of ` has been appointed. Vacancies shall be filled 1 governed by the following: the Preamble and Part of sold International for the remainder of the unexpired term. 111 A writtenor unwritten employment Convention shall in no event operate to Appointments shall take into consideration men policy or practice which excludes diminish protection that otherwise exist under end women of the various racial, religious, from employment applicants or this chapter, the Iowa Civil Rights Act, the cultural,social end economic groups in the city. • employees because of the Federal Civil Rights Acts,or the Constitution of Sec. 2-19. Records to be public: employee's pregnancy is a prima the State of Iowa or the Constitution of the exceptions. ' facie violation of this chapter. United States of America, (a) All records of the commission shall be • 121 Disabilities caused or contributed to Secs. 2-4-2-15.Reserved. public except: by the employee's pregnancy, ARTICLE II. COMMISSION (1) Complaints of discrimination, miscarriage, childbirth, and Sec. 2-16. CommissionISS established: reports of investigations, recovery therefrom are, for all joh- genaraldullea. statements and other documents or related purposes, temporary There is hereby established the Iowa City records obtained in the disabilities and shall be treated as Human Rights Commission whose l ahallinvestigation of any charge shall be I such under any health or temporary to disseminate information and provide the closed records unless a public disability insurance or sick leave mediation, conciliation and enforcement ` hearing is held. plan available in connection with necessary to further the goals of this chapter (2) The minutes of any session which employment, or any written or and to protect citizens from of tletl charges is closed under the provisions of unwritten employment policies and of and practices. this chapter shall be closed records. - practices involving terms •and Sec.2-17. Powers. Ib) No member of the commission or of its conditions of employment as The commission created by this article staff shell disclose the filing of a charge, applied to other temporary. shall neva the following powers: the information gathered during the disabilities. 111 To receive,investigate and determine the investigation, or the endeavors to (el It shall be unlawful for any person to merits of complaints alleging unfair or eliminate such discriminatory or unfair solicit or require as a condition of discriminatory practices. practice by conference, conciliation, or , employment of any employee or (2) To investigate and study the existence, persuasion,except es may be necessary prospective employee a test for the characharacter, causes, and extent of to conduct an investigation of a i presence of the antibody to the human s inafion in the areas covered by complaint. Nothing in this section shall immunodeficiency virus. An agreement this chapter, and to eliminate prevent the commission from releasing I between an employer, employment discrimination by education,conciliation, such information concerning alleged or agency,' labor organization, or their and enforcement where necessary. acknowledged discriminatory practices to employees, agents, or members and an (3) To issue enforcement and reports of the the state civil rights commission, the employee or Ppprospective employee research and investigations of the United a States Civil Rights Commission, own or employment,pay,or benefits commission subject to the limitations of the Federal Equal Employment to an employee or prospective employee confidentiality. Opportunity Commission, and other I in return for taking a test for the agencies or organizations whose primary presence of the antibodyto the human 141 To prepare and transmit to the city purpose is the enforcement sment of civilerights Thimmunodeficiency rprohibitions virus, isprohibited.n council from time to time, but not less legislation. This section does not The prohibitions of this paragraph do not often than once each year, reports prevent any complainant, witness or apply if the state a idemiolo ist 11 describing the proceedings, P 9 investigations, hearings, decisions and other person from publicizing the er of determineslth and the director Of public other work a complaintedothe matter thereinhesI health declares through the utilizationrof performed by ,[he complained of. Violation of these guidelines established bythe Center for Commission. (51 To make recommendations to the city provisions by a member of the Departments Control of the United States council far such further legislation commission or its staff shall constitute of Health and Human grounds for removal. Services, that a person with a condition concerning discrimination es it may deem necessary and desirable. Secs.2-20-2-30.Reserved. related to acquired immune deficiency (6) To cooperate, within the limits of any ARTICLE III.DISCRIMINATORY PRACTICES syndrome poses a significant risk of appropriations made for its operation, Sec.2-31. Employment;exceptions. 1 transmission of the human with other agencies or organizations, (a) It shall be unlawful for any employer to 1 immunodeficiency virus to other persons refuse to hire,accept, register,classify, in a specific occupation. both public and private,whose purposes. are not inconsistent with those of this upgrade or refer for employment, or to If The following are exempted 'from.the chapter, and Inthe planning and otherwise discriminate in employment provisions of this section: conducting of programs designed to against any other person or to discharge PH Any bona fide religious institution eliminate racial, religious, cultural and any employee because of age, color, or its educational facility, other intergroup tensions. creed, disability,marital status, national association, corporation or society (7) To adopt guidelines by which to origin, race, religion, sex, or sexual with respect to any qualifications determine whether any conduct, orientation. for employment based on religion behavior, or action may properly be (b) It shall ba unlawful for any labor when such qualifications are related deemed a discriminatory practice. organization to refuse to admit to to a bona fide religious purpose. A 181 To make recommendations to the city membership, apprenticeship or training religious qualification for manager and city council regarding the an applicant,to expel any member,or to instructional personnel or an affirmative action program of the city -- - ' --- "—--- administrative officer, serving ina and to offer assistance to city supervisory capacity of a bona fide otherwise discriminate against any relious educational facility ordepartments to ensure fair employment applicant for membership,apprenticeship reli procedures and the provision of city or training or any member in the be presume Insti a shall be a bona fide services without bias. presumed to be privileges, rights, or benefits of such occupational (91 To seek a temporary injunction against a membership, apprenticeship or training qualification. (2) An employer or employment respondent when it appears that a because of age, color, creed, disability, a enc complainant may suffer irreparable injury marital status, national origin, race, agency which chooses to offer as a result of en alleged violation of this employment or advertisee for chapter. A temporary injunction may religious, cant or sexual orientation.of employment to only the disabledmet or such applicant or member. elderly. Any.such employment or only be issued ex parte if the complaint filed with the commission alleges offer of employment shall not discrimination in housing. In all other discriminate among the disabled or cases, a temporary injunction may be elderly on the basis of age, color, issued only after the respondent has creed, disability, marital status, been notified and afforded the national origin, race, religion, sex, opportunity to be heard. or sexual orientation. Lis! ()Ku. 1y- 5(017 .J61 25 OFFICIAL PUBLICATION 111 Any person to intentionally aid, abet, 131 The employment of individuals for I compel or coerce another person to work within the home of the engage in any of the practices declared employer if the employer or national origin, race, religion, sex, or ' unfair or discriminatory by this chapter. members of the family reside sexual orientation. (2) Any person to discriminate against therein during such employment. Id It shell be unlawful for any creditor to another person because such person has 141 The employment of individuals to refuse to offer credit, life,or health and either lawfully opposed any render personal service to the accident insurance because of age,color, discriminatory practice forbidden by this person of the employer or members creed, disability, marital status, national chapter, obeyed the provisions of this 1 of the employer's family. origin, race, religion, sex or sexual chapter, or has filed a complaint, (51 To employ on the basis of sex in orientation. Refusal by a creditor to testified, or assisted in any proceeding those certain instances where sex offer credit, life or health and accident , under this chapter. is a bona fide occupational insurance based upon the age or physical ARTICLE IV. qualification reasonably necessary disability of the consumer shall not be an ENFORCEMENT OF HUMAN RIGHTS to the normal operation of a unfair or discriminatory practice if such Sec. 2-36. Persons who may file particular business or enterprise. denial is based solely upon bona fide complaints: method of filing complaint; The bona fide occupational underwriting considerations not amending complaint. qualification shall be interpreted prohibited by Title XIII,subtitle 1,Code (a) All persons claiming to be aggrieved by a narrowly. of Iowa. discriminatory or unfair practice within (6) A state or federal program The provisions of this section shall this city may, by themselves or by designed to benefit a specific age not be construed by negative implication counsel make, sign, and file with the classification which serves a bona ' or otherwise to narrow or restrict any commission a verified,written complaint - fide public purpose. other provisions of this chapter. which shall state the name and address (7) To employ on the basis of disability (d) Refusal to enter into any consumer credit of the person, employer, employment in those certain instances where transection covered in this section shall agency, or labor organization alleged to presence of disability is a bona fide not be a discriminatory practice if such • have committed the discriminatory or occupational qualification denial is based on a fair and reasonable unfair practice of which complained, reasonably necessary to the normal determination of credit-worthiness or shall set forth the particulars thereof,and operation of a particular business or ability to comprehend the transaction. shall contain such other information a5 enterprise. The bona fide Sec.2-34. Education. may be required by the commission. occupational qualification shall be lal It shall be an unfair or discriminatory ' Ihl The commission, a commissioner, the interpreted narrowly. practice for any educational institution to city attorney or any other person aware Sec. 2-32. Public accommodation; discriminate on the basis of age, color, of the existence of a discriminatory exceptions. creed, disability, marital status, national I practice may in like manner make,sign, (a) It shall be unlawful for any person to origin, race, religion, sex, or sexual and file such complaint. deny any other person the full and equal orientation in any program or activity. (cl The commission or the complainant shall enjoyment of the goods, services, Such discriminatory practices shall have the power to reasonably and fairly facilities, privileges, advantages of any include but not be limited to the amend any complaint and the respondent place of public accommodation because following practices: shall have like power to amend such of age, color, creed, disability, marital (1) Exclusion of a person or persons respondent's answer,at any time prior to status,national origin,rade,religion,sex, from participation in, denial of the hearing. _ or sexual orientation. benefits of, or subject to Id) A claim under this chapter shall not be Ibl It shall be unlawful to directly or discrimination in any academic, maintained unless a complaint is filed indirectly advertise or in any other extracurricular, research, with the commission within one year manner indicate or publicize that the occupational training, or other after the alleged discriminatory or unfair patronage of persons is unwelcome, program or activity. practice occurred. objectionable,or not solicited because of (21 Denial.of comparable opportunity in le) A verified copy of a complaint filed with age, color, creed, disability, marital intramural and interscholastic -the state civil rights commission under status,national origin,race,religion,sex, athletic programs. the provisions of Chapter 216, Code of or sexual orientation. 131 Discrimination among ,persons in Iowa, or EEOC shall be sufficient (c) This section shall not apply to any bona employment and the conditions of complaint for the purpose of this chapter fide religious institution with respect to employment. if it alleges either in the text thereof or in any qualifications the institution may 141 On the basis of sex,the application accompanying statements that the , impose based on religion when such of any rule concerning the actual or alleged discriminatory practice occurred qualifications are related to a bona fide Potential parental,family or marital within this city. , religious purpose. status of a person,or the exclusion Seo. 2-37. Investigation of complaints: (dl Public accommodations may be of any person from any program or predetermination settlement. designated specifically for the elderly and activity or employment because of (a) After the filing of a verified complaint,a disabled. However, public pregnancy or related conditions true copy shall be served within twenty accommodations may not be restricted dependent upon the physician's 1201 days by certified mail on the person , among the elderly and disabled on the diagnosis and certification. • against whom the complaint is filed. basis of age, color, creed, disability, (b) For the purpose of this section (b) A commissioner, the human rights marital status, national origin, race. "educational institution" includes any coordinator or an authorized member of religion,sex or sexual orientation. preschool, elementary, secondary, or the commission's staff shall promptly Sec. 2-33. Credit transactions: merged area school, area education investigate the complaint. exceptions. agency, or post-secondary college and [Note: the power to issue subpoenas was (a) It shall be unlawful for any creditor to their governing boards, with the 1 transferred to Section 2-17.1 refuse to enter into any consumer credit exception that this section shall not (c) After the verified complaint is filed, the transaction or to impose finance charges include the University of Iowa or any investigator shall issue a written or other terms or conditions more other educational division of the State of investigative summary and onerous than those regularly extended by Iowa. recommendation to the city attorney that creditor to consumers of similar (c) This section does not prohibit an whether probable cause exists that the economic backgrounds because of age, educational institution from maintaining person charged in the complaint hes color, creed, disability, marital status, .separate toilet facilities, locker rooms or committed a discriminatory practice. national origin, race, religion, sex, or living facilities for the different sexes so (d) After receipt of the investigator's written sexual orientation. long as comparable facilities are investigative summery and Ibl It shall be unlawful for any person provided. Nothing in this section shall be recommendation regarding probable authorized orlicensed to do business in construed as prohibiting any bona fide cause, the city attorney shall issue a this state pursuant to Chapters 524, religious institution from imposing written opinion to the commission 533, 534, 536,or.536A of the Code of qualifications based on religion when whether probable cause exists to believe Iowa 119931 to refuse to loan or to such qualifications are related to a bona a discriminatory practice occurred as extend credit or to impose terms or fide religious purpose or any institution alleged by the complainant. conditions more onerous than those from admitting students of only one sex. (e) Any time after a complaint is filed under regularly extended to persons of similar ' Sec. 2-35. Aiding or abetting; this chapter,but before the investigator economic backgrounds because of age, • retaliation. issues a recommendation to the city color, creed. disability, marital status, I It shell be an unfair or discriminatory practice attorney, the investigator may seek a for: disposition of the complaint through predetermination settlement, if such settlement is in the interest of the complainant. Predetermination settlements shall be subject to review by the chair of the commission. L/U oen. RJ- %47 s`a'g discriminatory or unfairpractice and I the conciliation decree maya Violationntsof that the practice was authorized. I Sec.2-38. Proceedings on complaints; I such a consentMptbydecree i be punished is requested,commanded,performed as contempt the court in which it is or knowingly or.recklessly tolerated probable cause. tiled,upon a showing by the commission la) Atter the investigator and the city 16) by the board of directors of the attorney have made their determinations of the violation at any time within sixrespontlent or by an officer or regarding probable cause to support a monthsexecutive agent acting within the ' complaint,the human rights coordinator which a a its occuatagreement all cases in conciliation is scope of their employment, the shall promptly assign the complainant's entered, the commission shall issue an commission shall so certify to the file to a conciliation team for order stating its terms and furnish a copy licensing agency. Unless the determination of probable cause. of the order to the complainant, the practice is reversed in the course of judicial review, the finding o Ibl If the conciliation team finds that respondent,and such other persons as probable cause exists regarding the the commission deems proper. At any discrimination is binding on the time, in its discretion, the commission licensing agency. It a certification _ may investigate whether the terms of the is made pursuant to this OFFICIAL PUBLICATION I agreement are being complied with by subsection, the licensing agency the respondent. Upon a finding that the may initiate licensee disciplinary allegations of the complaint, the team terms of the conciliation agreement are procedures. shall notify the complainant and theI not being complied with by the respondent of the finding and shall respondent, the commission shall take promptly endeavor to eliminate the appropriate action to assure compliance. discriminatory or unfair practice by Idl If the teem is unable to reach a OFFICIAL PUBLICATION I conference,conciliation end persuasion. disposition agreeable to the parties,the I team shall notify the commission of the b. In the case of a respondent who is lc) probableIf the conciliation exists,tesfinds teamthat no I result. The team may recommend cause the shall found by the commission to have 111 no further action be taken and the engaged in a discriminatory or issue a written finding a dismissing the tile be closed. unfair practice in the course of complaint end notifying the parties of the j2) the commission issue a written complainant's right to appeal the finding. performing under a contract or notice to be served on the parties subcontract with the state or The team shall promptly mail a copy to specifying the charges in the the complainant and to the respondent g political subdivision or agency, if I by certified mail. complaint and requiring the the practice was authorized, respondent to answer the charges requested,commanded,performed, Id) A complainant may object to the finding of the complaint at a hearing before or knowingly or recklessly tolerated of no probable cause within ten 110) the commission or a person by the board or executive agent o days of receipt of the Written finding and designated by the commission. acting within the scope of their notice. If a complainant makes a timely Sec.2-40. Remedial Action. employment,the commission shall I written request for review of the finding, For the purposes of this chapter,remedial i so certify to the contracting I the conciliation team shall hear theaction includes but is not limited to the agency. Unless the commission's complainant's evidence in executive following: finding of a discriminatory or unfair session within thirty 130) days of the 11) Hiring, reinstatement or upgrading of practice is reversed in the course of I request for review. If noprobable cause employees with or without pay. Interim judicial review, the finding of I is again the finding after review, the earned income and unemployment discrimination is binding on the conciliation team shall notify the compensation shall operate to reduce the contracting agency. 1 complainant in writing of the decision, pay otherwise allowable, c. Upon receiving a certification made . and shall close the file. If the 12) Admission or restoration of individuals to under this subsection,a contracting conciliation team finds probable cause 1 a labor organization, admission to or agency may take appropriate action after review,the team shall proceed with i participation in a guidance program, to terminate a contract or portion ' efforts to eliminate the discriminatory or apprenticeship training program, on-the- thereof previously entered into with ' unfair practice by conference, I job training program or other the respondent,either absolutely or ' conciliation and persuasion. occupational training or retraining on condition that the respondent 1 Sec. 2-39. Conciliation procedures. program,with the utilization of objective carry out a program of compliance 1 lel The conciliation team shall endeavor to 1 criteria.in the admission of individuals to with the provisions of this chapter, eliminate the discriminatory or unfair such programs. and assist the state and all political practice by conciliation,conference and I 13) Admission of individuals to a public subdivisions and agencies thereof persuasion for a period of ninety 190) 1 accommodation or an educational to refrain from entering into further days following the initial conciliation institution. contracts. meeting between the respondent and the 1 141 Sale,exchange,lease,rental,assignment 1101 The election of an affirmative order conciliation team following the finding of I or subleaseof real property to an under paragraph 121 of this subsection probable cause. After the expiration of I individual. shall not bar the election of affirmative ninety (90) days, the commission may I 151 Extension to all individuals of the full and remedies provided in paragraph 111 of order the conciliation conference and equal enjoyment of the advantages, this subsection. persuasion procedure to be bypassed if facilities, privileges, end services of the Sec. 241. Notice and hearing. the commission determines the respondent denied to the complainant (a) When the commission determines upon procedure is unworkable by reason of because of the discriminatory or unfair recommendation of the conciliation team past patterns and practices of the practice. that conciliation is not possible and the respondent, or a statement by the 161 Reporting as to the manner of case should proceed to public hearing respondent that the respondent is compliance. before the commission, the commission unwilling to continue with the 171 Posting notices in conspicuous places in shall issue and cause to be served a conciliation. The commission shall state the respondent's place of business in a written notice: in writing the reasons for bypassing form prescribed by the commission and 11) Specifying the charges in the further conciliation efforts. This inclusion of notices in advertising complaint, as they may have been statement shall include a summery of the material, amended. conciliation effort,the principal facts as I 181 Payment to the complainant of damages. 121 Requiring the respondent to answer disclosed in the Investigation,and other caused by the discriminatory or unfair the charges of the complaint at a I relevant reasons for the practice which shall include actual hearing before the commission, or 1 recommendation. i damages, court costs end reasonable a person designated by the (b) If the team succeeds In reaching a attorney fees. commission to conduct the hearing; disposition agreeable to the complainant I (91 In addition to the remedies in the (b) The case in support of such complaint and the respondent,the disposition shall preceding provisions of this subsection. shall be presented at the hearing by the be reduced to written agreement, the commission may issue an order commission's attorney. The human executed by the complainant and the requiring the respondent to cease and rights coordinator or other person who respondent. The result shall be reported desist from the discriminatory or unfair investigated the complaint shall not to the commission. practice and to take suchaffirmative participate in the hearing except as a Ic) The terms of a conciliation agreement action es in the judgment of the witness, nor shall the coordinator or reached with the respondent may require commission will carry out the purposes investigator participate in the the respondent to refrain in the future of this chapter as follows: deliberations of the commission in such from committing discriminatory or unfair a. In the case of a respondent case. practices of the type stated in the operating by virtue of a license lc) The hearing shall be conducted in agreement; to take remedial action issued by the state or a political accordance with the provisions of which, in the judgment of the subdivision or agency, if the 1 Chapter 17A, Code of Iowa for' commission,will carry out the purposes commission, upon notice to the contested cases. The burden of proof in: of this chapter; end to consent to the respondent with an opportunity to such a hearing shall be on the I entry In a appropriate district court of a be heard, determines that the commission. consent decree embodying the terms of . respondent has engaged in a I' Ut Ig) It is the legislativeinintent oft s section that every complaint be at least Sec. 2.42. Findings.and order. til Judicial review- of the actions of the preliminarilyscreened by the Commission (a) If upon taking into consideration all of commission may be sought in during the first sixty 1601 days. This the evidence at a hearing, the eecortlancb with the terms of the Iowa subsection does not authorize commission determines that the Administrative Procedure Act. __ - administrative closures if an investigation respondent has engaged in a Notwithstanding the terms of such A , respondent warranted. discriminatory or unfair practice, the petition for judicial review may be filed in ARTICLE V. FAIR HOUSING commission shall state its findings of the district court in which en Sec. 2.45. Housing:exceptions. fact and conclusions of,law and shall enforcement proceeding under It shall be an unlawful or discriminatory issue an order requiring the respondent subsection la) end Ib) may be brought. practice for any person to: to cease and desist from the For for of the time limit for tiling a la) Refuse to sell, rent, lease, assign, forjudicial review under the discriminatory or unfair practice and to petitionsublease, refuse to negotiate, or to take the necessary remedial action as in Iowa Administrative Procedure Act, the otherwise make unavailable,or deny any the judgment of the commission shall issuance of a final decision of the real property or housing accommodation carry out the purposes of this chapter. A commission under the chapter occurs on or part,portion or interest therein,to any copy of the order. shall be delivered to the.data notice of the decisions mailed person because of the age,color,creed, the respondent and complainant end to by certified mail to the parties. disability, marital status. familial status, any other public officers and persons as Notwithstanding the time limit provided national origin,race,religion,sex,sexual the commission deems proper. A in Section 17A.19, subsection 3 of the orientation, presence or absence of Code of Iowa, a petition for judicial description of possible remedial actions review of no-probable cause decisions dependents,or public assistance source appears in section 2-40. of income of that person. Ib) If upon taking into consideration all of end other final agency actions which are Ib) Discriminate against any other person In the evidence at a hearing, the not of general applicability must be tiled the terms, conditions, or privileges of commission finds that a respondent has within thirty 1301 days of the issuance of any real estate transaction because of not engaged in anysuch discriminatorythe final agency action. age, color, creed, disability,9 on marital or unfair practice,the commission shall ' status, familial. status, national origin, issue an order denying relief and stating I race, religion, sex, sexual orientation, OFFICIAL PUBLICATION the findings of fact and conclusions of presence or absence of dependents, or the commission, and shall cause a copy public assistance source of income. of the order dismissing the complaint to Sec. 2'44• Sixty-day release from Id Directly or indirectly advertise,or in any administrative process;alternative judicial be served by certified mail on the other manner indicate or publicize in any proceedings upon complaints. : complainant and the respondent. real estate transaction that any person is la) Conditions for release. A person ' Sec.2-43.Judicial review;enforcement. nqt welcome or not solicited because of , claiming to be aggrieved by en unfair or la) The commission may obtain an order of age, color, creed, disability, marital , discriminatory practice must initially seek I court for the enforcement of commission / status, familial status, national origin, administrative relief by filing a complaint , orders in a proceeding as provided in this race, religion, sex, sexual orientation, with the commission in accordance with section. Such an enforcement presence or absence of dependents, or proceeding shall be brought in the distritt Section 2-36. After the proper filing of public assistance source of income. a complaint with the commission, a court of the county where the Id) Discriminate against the lessee or person may subsequently commence an discriminatory practice occurred. purchaser of any real property or housing action for relief in the district court if all el part, portion or lb) Such an enforcement proceeding shall be accommodation of the following conditions have been initiated by the.filing of a petition in the satisfied: interest of the real property or housing court and the service of a copy thereof . accommodation, or against any (1) The complainant has timely filed uponthe person charged. The the complaint with the commission prospective lessee or purchaser of the commission shall then file with the court property or accommodation because of as provided in section 2-36(d). a transcript of the record of the hearing age, color, creed, disability,. marital 121 The complaint has been on file with before it. The court.has the power to I status, familial status, national origin, the commission at least sixty (60) grant such temporary relief or restraining days and the commission has race, religion, sex, sexual orientation, order as it deems just and proper,and to presence or absence of dependents, or issued a release to the complainant make and enter upon the pleadings. pursuant to subsection Ib) of this public assistance source of income of ' testimony, and proceeding set forth in section. persons who may from time to time be such transcript en order enforcing, (b) Requirements for issuance of release. Present in or on the lessee's or owner's modifying,and enforcing as so modified, Upon a request by the complainant,and premises for lawful purposes at the or setting aside the order of the after the expiration of sixty (60) days invitation of the lessee or owner as commission,in whole or in part. from the timely filing of.a complaint with friends, guests, visitors. relatives or in any (e) An objection that has not been urged the commission, the commission shall le) For punas capacity. this Article, "person" before the commission shall not be issue to the complainant a release stating means one or more individuals, considered by the court in an that the complainant .has a right to partnerships,associations, i enforcement proceeding, unless the commence an action in the district court. corporations,etions,legal representatives, failure or neglect to urge such objection A release under this subsection shall not labor mutual companies, joint stock shall be excused because of P be issued if a finding of probable extraordinary circumstances. cause has been made theoncomplaint, companies, trusts, unincorporated (dl Any party to the enforcement proceeding or a conciliation agreement has been organizations,trustees.trustees in cases maymove the court to remit the case tounder Title 11 of the United States Code, executed,or the commission has served receivers, and fiduciaries. I the commission in the interest of justice notice of hearing upon the respondent, for the purpose of adducing additional or the complaint is closed as en Sec.2-46. Exceptions. specified and material evidence and administrative closure and two(2)years The following are exempted from the seeking findings thereof, providing such have elapsed since the issuance date of I provisions of this section: parties shall show reasonable grounds for the closure. (a) Any bona fide religious c institution with the failure to adduce such evidence (c) Notwithstanding Section 2-20, a party respect to any qualification it may before the commission. may obtain a copy of all documents impose based on religion when such (el In the enforcement proceeding the court contained in a case file where the qualifications are related to a bone fide shall determine its order on the same commission has issued a release to the religious-purpose. basis as it would in a proceeding complainant pursuant to this subsection. (b) The rental or leasing of four 141 or fewer reviewing commission action under Id) An action authorized under this section is rooms within a single housing Section 17A.19,Code of Iowa. barred unless commenced within ninety accommodation by the owner of such IfI The commission's copy of the testimony ' 1901 days after issuance by the housing accommodation, if the owner shall be available to all parties for commission of a release under resides therein. examination at all reasonable times, subsection Ibl of this section. If a lc) Restrictions based on sex or the without cost, and for the purpose of complainant obtains a release from the presence or absence of dependents in judicial review of the commission's commission under subsection Ibl of this the rental, leasing or sale of housing orders. section, the commission shall be barred accommodations by nonprofit (g) The commission may appear in court by from further action on that complaint. corporations. the city attorney or a designee. lel Venue for en action under this section (d) Restrictions based on sex in the rental or Ih) If no proceeding to obtain judicial review shall be in Johnson County,Iowa. leasing of housing accommodations Is instituted within thirty(301 days from Ifl The district court may grant any relief in within which residents of both sexes the service of an order of the en action under this section which is would share a common bathroom facility commission issued pursuant to Section authorized by section 2-40. The district on the same floor of the building. 2.43, the commission may obtain en court may also award the respondent lel' Restrictions based on presence or order of the court for the enforcement of reasonable attorney's fees and court absence of dependents in the rental or such order upon showing that the person costs when the court finds that the leasing of housing accommodations charged is subject to the jurisdiction of complainant's action was frivolous. within an owner-occupied dwelling of the commission and resides or transacts four 14)or fewer units where the owner business within the county in which the occupies the premises, or some portion petition for enforcement is brought. thereof,and actually resides therein. iy V/l,V" l / - O W / / CT- /_ sr (11 A refusal to permit,at the expense 12) To sell, broker, or appraise l� "IL of the disabled person, reasonable residential real estate. (f) Restrictions based on presence or modifications of existing premises (hi A person shall not deny another person absence of dependents in the rental or occupied or to be occupied by the access to,or membership or participation leasing of housing accommodations person if the modifications are in a multiple-listing service, real estate where the owner occupied the premises, necessary to afford the person full brokers' organization or other service, or some portion thereof, and actually enjoyment of the premises. In the organization, or facility relating to the resided therein as of the effective date of case of a rental, a landlord may, business of selling or renting d%vellings, this chapter. Owner,for the purposes of where reasonable to do so, or discriminate against a person in terms this exemption, shallbe defined as a condition permission for a or conditions of access,membership,or person having at least a fifty (501 per modification on the renter's participation in such organization cent interest In the property. agreement to restore the interior of because of age, color, creed, disability, (g) Rental or leasing of housing the premises to the condition that marital status, familial status, national accommodations whereseventy-five175) existed before the modification, origin, race, religion, sex, sexual per cent or more of the persons residing reasonable wear and tear excepted. orientation, presence or absence of therein are fifty-five(551 years of age'or 121 A refusal to make reasonable dependents, or public assistance source older or are disabled as that term is accommodations In rules, policies, i of income. defined in this chapter. Provided that practices, or services, when theSec.248. Proceedings;housing. these qualifications are met, such accommodations are necessary to (e) The commission may loin a person not accommodations may be designated afford the person equal opportunity . named in the complaint as an additional specifically for the elderly and/or disabled to use and enjoy a dwelling. or substitute respondent if in the course subject to the requirements of this 131 In connection with the design and of the investigation, the commission Chapter. construction of covered multifamily 1 determines that the person should be (h) Housing accommodations may be dwellings for first occupancy after alleged to have committed a designated specifically for the elderly January I,1992, a failure to design discriminatory housing or real estate and/or disabled. However,such housing and construct those dwellings in a I practice. accommodations may not otherwise be manner that meets the following - - restricted among the elderly and/or requirements: disabled on the basis of age, color, IA) The public use and common Ib) In addition to the Information required In use portions of the dwellings the notice,the commission shell Include are readily accessible to and in a notice to a respondent joined under OFFICIAL PUBLICATION usable by disabled persons. this subsection an explanation, of the (B) All doors designed to allow basis for the determination under this creed, disability, marital status, familial passage into and within all subsection that the person Is properly I status,national origin,race,religion,sex, premises within the dwellings joined as'a respondent. sexual orientation, public assistance are sufficiently wide to allow lc) The commission shall,during the'period I source of income, or presence or passage by disabled persons in beginning with the filing of a complaint absence of dependents, provided that wheelchairs. and ending with the finding that there is I any such dependents meet theICI All premises within the or is not probable cause as fined in definitions of elderly or disabled as this chapter, to the extent feasible, dwellings contain the following provided herein. Designations of such engage in mediation with respect to the features of adaptive design: restrictions shall be made part of any complaint. til An accessible route into rental property on file with the City of and through the dwelling. (1) A mediation agreement is an Iowa City. Designations shall be in (til Light switches, electrical agreement between a respondent writing on forms provided by the city and outlets, thermostats, end and the complainant and is subject untintil shall be in effect-until but shall other environmental to commission approval. apply for a minimum period of one year. controls in accessible (2) A mediation agreement may Sec. 2-47. Additional unfair or locations. provide for binding arbitration or discriminatory practices. liii) Reinforcements in other method of dispute resolution. (a) A person shall not induce or attempt to i bathroom walls to allow Dispute resolution that results from induce another person to sell or rent later installation of grab a mediation agreement may dwelling by representations regarding the bars. authorize appropriate relief. entry or prospective entry into a (iv) Usable kitchens and including monetary relief. neighborhood of aperson of a particular bathrooms so that a 131 A mediation agreement shell be age, color, creea d, disability, marital made public unless the complainant I person in a wheelchair can status, familial status, national origin, maneuver about the and respondent agree otherwise, race, religion, sex, sexual orientation, space. and the commission determines presence or absence of dependents, or IDI Compe n c e with o the that disclosure is not necessary to public assistance source of income. appropriate requirements of (b) A person shall not represent to aarson further the purposes of this chapter P relating to unfair practices or of' a particular age, color, creed, the American national standard discrimination in housing or real disability, marital status, familial status, for buildings and facilities estate. national origin,race,religion,sex,sexual providing accessibility and (41 The proceedings or results of orientation, presence or absence of usability for physically mediation shall not be made public dependents, or public assistance source cited handicapped people,commonly or used as evidence in a of income that a dwellingis not available cited as "ANSI A 117.1", ( subsequent proceeding under this for inspection, sale, or rental when the satisfies the requirements of paragraph "e" subparagraph chapter without the written , dwelling is available for inspection,sale, consent of the persons who are or rental. 13), subparagraph subdivision IC) party to the mediation. Icl A person shall not,discriminate in the (5) After the completion of the sale or rental or otherwise make 14) Nothing in this subsection requires commission's investigation, the unavailable or deny a dwelling to a buyer that a dwelling be made available Commission shall make available to or renter because of a disability of any of to a person whose tenancy would the aggrieved person and the the following persons: constitute 'a direct threat to the respondent information derived Ill That buyer or renter. health or safety of other persons or whose tenancy would result in from the investigation and the final (2) A person residing in or intending toinvestigation report relating to that reside In that dwelling after it is substantial physical damage to the investigation. property of others. sold,rented,or made available. (d) If the commission concludes, following I If1 A person whose business includes filingp (31 A person associated with that the of a complaint, that prompt engaging in residential real estate related buyer or renter. judicial action is necessary to carry out transactions shall not discriminate (d) A person shall not discriminate against the purposes of this chapter relating to another person in the terms, conditions, against a person in making a residential unfair or discriminatory housing or real or privileges of sale or rental of a reel estate related transaction available estate practices, the commission me dwelling or in the provision of services or or in terms or conditions of a residential y e 1 facilities in connection with the dwellin real estate related transaction because of authorize a civil action far appropriate because of a disability of any of the age, color, creed, disability, marital temporary or preliminary relief pending status, familial status, national origin, final disposition of the complaint. following persons: re le) The commission shall are a final (1) AThat'pe person. race, religion, sex, sexual orientation, prep presence or absence of dependents, or investigative report A final report under (2) person residing in or intending to public assistance source of income. • this section may be amended by the reside in that dwelling after it is commission if additional evidence is sold,rented,or made available. (g) For the purpose of this subsection, (31 A person associated with that "residential real estate related discovered. persoh. transaction"means any of the following: (e) For the purposes of this section only, 11) To make or purchase loans or discrimination includes any of the provide other financial assistance to following circumstances: purchase, construct, improve, repair,or maintain a dwelling,or to //r OR,D. q`1`x3q{7 7ofTs Sec. 2-53. Statements of domestic (fl The commission shall determine based I (m) If the commission determines at a Partnership;registration. on the facts whether probable cause hearingunder subsection III that a lal The City Clerk shall accept an application exists to believe that a discriminatory respondent has engaged or is about to to register as domestic partners from housing or real estate practice has engage in a discriminatoryhousingor Persons who state in such application occurred or is about to occur. The that they meet the definition of domestic dl estatehe prthe emmiscmay partners in this Article. The City Clerk commission shall make this order the appropriate. s relief,bleincludingy' 'shall provide forms as necessary to determination not later than one hundred actual costs. and attorney's 11001 days after a complaint is filed fees,court costs,and other injunctive or interested individuals. s. unless any of the following applies: equitable relief. To vindicate the public Ill The City Clerk shall only accept 111 It is impracticable to make the interest, the commission may assess a applications for registration of domestic determination within that time civil penalty against the respondent. partnership from those Persons: Ill in a partnership where at least one period. Sec. 249. Additional proceedings; 121 Theecommission has approved a housing. person resides in lows City;Cr mediation agreement relating to the I If the commission issues,an order with 121 in a partnership in which at least complaint. respect to a discriminatory housing practice one person is employed in Iowa City.131 If it is impracticable to make the I that occurredin.the course of a business i Id The City Clerk shall charge en application determination within the time subject a licensing or regulation lea set resolution of the City period provided by this subsection, governmental agency, the commission,, nott Council for the registration of a domestic the commission shall notify the later than thirty days after the date of issuance partnership. The payment of this fee complainant and respondent in of the order,shall do all of the following: writing of the reasons for the delay. (1) Send copies of the findings and the order entitles the person filing a statement on Ig) If the commission determines that to the governmental agency. behalf of the domestic partnership to probable cause exists to believe that a 121 Recommendto the governmental agency two(2)copies of the statement certified discriminatory housing or real estate appropriate disciplinary action. by the City Clerk. Additional certified practice has occurred or is about tocopies may be purchased by the person. Sec.2-is , Effectonon other law. These copies of the certified statement occur,the commission shall immediately (a) This section does not affect i maximum p' issue a determination unless the local or stale restrictiomenshe maximum shall not daybissued prior to the third commission determines that the legality 1 number of occupants'.ysrmitted to working after the date of application. Idl The application and certified statement of a zoning or land use law or ordinance o4cupy A,develling or restriction relating is involved as provided in subsection til. to hedith br safety standards. may be used as evidence of the A determination issued under this existence of a domestic partners subsection must include all of the relationship. following: s Ill This section does not effect e Seo.2-54. Termination. (1) A short and plain statement of the requirement of nondiscrimination in other (a) Either person in a domestic partnership facts on which the commission has I city ordinances. may initiate termination of the domestic found probable cause to believe .ARTICLE VI. DOMESTIC PARTNERSHIP partnership by written notification to the that a discriminatory housing or reel I Sec.2-51. Purpose. City Clerk. The person filing the estate practice has occurred or is (a) The City of Iowa City, Iowa recognizes termination statement must declare that: about to occur. that nationwide debate has advanced an (1) the domestic partnership is 121 The determination must be based expanded concept of familial terminated; and upon the final investigative report. relationships beyond traditional marital (21 a copy of the termination statement end blood relationships. This expanded hes been mailed to the other (3) The determination need not be concept recognizes the relationship of domestic partner by certified mail, limited to the facts or grounds two(21 non-married but committed adult return receipt requested alleged in the complaint. partners. Recognizing this, the City of Ib) A domestic partnership terminates when (hl Not later than twenty(201 days after the Iowa City,Iowa hereby adopts a process the earlier of the following occurs: commission issues a determination, the to provide persons to declare themselves 111 one of the persons in the domestic commission shell send a copy of the as domesticpartnership dies;or determination with information Partners, thus enabling employers to voluntarily provide equal 121 ninety (90) days elapse after both concerning the election under this treatment In employment benefits for partners file a notice of termination chapter to all of the following person: such partners and their dependents. of domestic partnership;or I 111 Each respondent. The respondent lb) This Article establishes a mechanism for 131 ninety (90) days elapse after one shall also receive a notice of the the public expression and documentation partner files a notice of termination opportunity for a hearing as of the Commitment reflected by the of domestic partnership and provided under this Chapter, domestic partnership whose members provides the City Clerk proof that 121 Each aggrieved person on whose cannot or choose not to merry. the notice of termination of behalf the complaint was filed. ICI It is appropriate and fair that certain of partnership has been mailed to the til .If the commission determines that the the societal privileges and benefits now other partner at the last known matter involves the legality of a state.or accorded to members of a marriage be address,or that the partner cannot local zoning or other land use ordinance, extended to those who meet the be located or refuses to accept the the commission shall not issue qualifications of a domestic partnership. mailed notice. A properly mailed determination and shall immediately refer The mechanism established by this notice which is returned as refused the matter to the city attorney for Article will facilitate the definition of or undeliverable shall be adequate appropriate action. those entitled to such privileges, proof. I)) If the commission determines that no Sec. 2-52. Requirements and eligibility. (c) If any of the criteria under Sec. 2-52 probable cause exists to believe a (a) A domestic partnership shall exist cease to exist, the parties shall be discriminatory housing or real estate between two 121 adults if all of the . ineligible for any benefits based upon the practice has occurred or is about to following am true: domestic partnership unless otherwise occur, the commission shall promptly (11 The persons are not related by provided by law or the employer. ' dismiss the complaint. The commission blood closer than permitted under Id) When an employer permits or provides shall. make public disclosure of each the marriage laws of the state. benefits to the domestic Partner of an dismissal under this section. (21 Neither person is married. employee,the domestic partner may be 1k) The commission shall not issue a 131 The persons are competent to enter ' eligible to continue to receive benefits for determination under this section into a contract. a period of sixty (60) days after the regarding an alleged. discriminatory 14) The death of the employee. The employer persons declare that they are housing or real estate practice after the shall give the domestic partner written each other's sole domestic partner. that they are in notice by U.S. mail,postage prepaid,at beginning of a trial of a civil action (5) The persons declare commenced by the aggrieved partythe address provided by the employee under federal or state law seeking relief a relationship of mutual support, stating whether such benefits are with respect to that discriminatory caring and commitment and are responsible for each other's available to the partner. Said notice shall housing or real estate practice. state the date on which group benefit If the commission determines that welfare. For these purposes, (q salable cause exists to believe a mutual support means that they coverage, if any, terminates, and shall discriminatoryhousingor real estate contribute mutually to each other's state the right, if any, of the domestic maintenance and support. partner to transfer benefit coverage to a practice has occurred, the commission (61 The persons file a statement of non-group plan without lapse of may,after notice, domestic partnership es set forth in coverage and without providing evidence provide for a hearing on the charges in the • this Article. of good health. complaint. The hearing shall be conducted In If) No person who has registered as a (71 The persons agree to notify the city accordance with Chapter 17A, Coda of Iowa of the termination of their domestic domestic partner pursuant to Section 2- for contested cases. partnership, or a change in their 53 of this chapter shall be eligible to file a new application for registration as a employment or residence which would render them ineligible to domestic partner until ninety 190) days register as domestic partners under have elapsed after the domestic this ani,-re partnership has terminated. e-/. OKU. r75-0057 CZ Sec.2-55. Records. The City Clerk shall maintain records of domestic partnership statements,showing the name end address of applicants for domestic ;,partnership, and the date of application, certification and termination of domestic partnerships. SECTION ll. REPEALER. All ordinances and j 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 adjudged to be invalid orunconstitutional,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 andapprovedthis 8th day of vember, 199&. 44OR 4,4- ATTEST: A CIT CLERK 2484 November 16,1994 e ORDINANCE NO.94-3648 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6, ARTICLE J, SECTION 2 OF THE CITY CODE OF IOWA CITY, IOWA, ENTITLED "PLANNED DEVELOPMENT HOUSING OVER- LAY ZONE (OPDH)"TO REQUIRE DEDICATION OF LAND OR PAYMENT OF FEES IN LIEU OF LAND FOR NEIGHBORHOOD OPEN SPACE. WHEREAS, neighborhood open space is considered a vital part of Iowa City's communi- ty and often serves as a focal point of neigh- borhood activity; and WHEREAS, attractive open space enhances and preserves private property values, and also serves the immediate and future needs of area residents in the same way as other capital improvements such as streets, water mains and sanitary and storm sewers serve residents of a neighborhood; and WHEREAS,active,usable neighborhood open space includes pedestrian/bicycle trails prefera- bly located within natural greenway systems, and also includes neighborhood parks that serve nearby residents; and WHEREAS, it is the intent of the City of Iowa City, Iowa, to ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner consistent with the Neighborhood Open Space Plan adopt- ed as part of the City's Comprehensive Plan on July 20, 1993, and that the method of assuring such open space is an equitable, predictable and reasonably calculable way to acquire needed open space as development occurs in the City. WHEREAS, the City of Iowa City, Iowa has determined that new development creates an impact and burden on existing neighborhood open space, as well as a need for additional neighborhood open space; and WHEREAS, the provision of neighborhood open space through dedication and/or the payment of fees to be used for land acquisition in lieu of dedication is a reasonable and objec- tive method for addressing and alleviating such impact, and also promoting and protecting the public health, safety and welfare of the citizens of Iowa City. NOW THEEFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 6, Article J, Section 2 "Planned Development Housing Overlay Zone (OPDH)," of the City Code is hereby amended by adding Section 14- s Ordinance No. 94-3648 Page 2 6J-2E, "Dedication of Neighborhood Open Space or Payment of Fees in Lieu of Land for Neighborhood Open Space," to read as follows: 1. Purpose This section is adopted to ensure that adequate usable neighborhood open space, parks and recreation facilities are provided as development occurs within Iowa City, and to do so in a manner which is consistent with the Neighborhood Open Space Plan adopted by the City July 1993 by using a fair and reasonably calculated method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this ordinance is not intended to fund the acquisition of commu- nity parks or large playing fields for orga- nized sports. While this section is primarily intended to provide usable neighborhood open spaces, it is also intended to encour- age, wherever reasonably feasible, the dedication of sensitive areas in conjunction with the usable open space. 2. Dedication of Land or Payment of Fees in Lieu of Land Required As a condition of approval for planned development housing, each developer shall dedicate land, pay a fee in lieu of land, or, a combination there- of, for park, greenway, recreational and open space purposes as determined by the City and in accordance with the provisions of this section, all as a reasonable method calculated to accomplish the City's goal of requiring development occuring in Iowa City which creates increased needs for neighbor- hood open space ("open space impact") to pay a proportionate share of the City's capital improvements to fulfill said open space impact needs. 3. Dedication of Land a. Amount of land to be dedicated. The amount of park land dedication shall be determined by the following formula: A x .65DU x PDU x 3/1000 A = Acres of undeveloped property DU=Dwelling units per undeveloped acre (65% of maximum density allowed by the Zoning Chapter). This percent- age reflects the average development density occurring in Iowa City. 1c Ordinance No. 94-3648 Page 3 PDU = Persons per dwelling unit based on the most recent Census 3/1000 = The community standard of acres for active neighborhood open space required per 1,000 persons, as determined by the Formula set out in the Neighborhood Open Space Plan adopted July 1993 as an amendment to the Iowa City Comprehensive Plan. This formula shall be deemed reason- ably calculated to meet the developer's proportionate share of the devel- opment's impact upon and creation of increased and additional need for neigh- borhood open space. b. Nature of land to be dedicated. Except as otherwise required by the City at the time of preliminary PDH plan approval, all dedications of land shall meet the following criteria: (1) Usability. At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen 15 percent (15%), wetlands subject to Federal or State regulatory jurisdiction and other areas the City reasonably deems unsuitable for neighborhood open space due to topography, flooding or other appropriate con- siderations. Dry bottom storm- water detention facilities and dry creek areas may be credited to- ward reaching a portion of the required land dedication when the City determines that such areas are suitable for use as neighbor- hood open space. The City en- courages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling under the jurisdic- tion of State or Federal agencies and other sensitive areas such as woodland areas, both as ten per- cent (10%) of and in addition to the dedicated land required by this section, if sufficient abutting land is dedicated as a public recreation area or park. (2) Unity. The dedicated land shall form a single parcel of land, ex- cept where the City determines that two (2) or more parcels or greenways/trails would best serve iL5 Ordinance No. 94-3648 Page 4 the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the City determines that two (2) or more parcels would best serve the public interest, the City may require that such parcels be con- nected by a dedicated strip of land at least twenty (20) feet in width in order to provide access and continuity between said parcels. (3) Location. The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the planned development housing, and shall be deemed to be reason- ably calculated to meet the resi- dents' increased recreation and open space needs. (4) Shape. If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or play- ground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways. (5) Access. (a) Greenways/trails Public access to greenways/trails shall be provided by a public access easement at least twenty (20) feet in width. In addition, greenways/trails shall be con- nected to existing or proposed greenways/trails on adjacent property. (b) Parks Public access to the dedicated land to be used for parks shall be provided either by adjoining public street front- age or by a dedicated public access easement at least fifty (50) feet in width which con- nects the dedicated land to a public street or right-of-way. The grades adjacent to existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic. Where the L$ Ordinance No. 94-3648 Page 5 dedicated land is located adja- cent to a street, the developer shall remain responsible for the installation of utilities, side- • walks,and other improvements required along that street seg- ment. (6) Site preparation. The City may require the developer to grade and seed those portions of the dedicat- ed land to be improved prior to dedication of the property, and prior to the City's acceptance of the dedication. C. Procedure for dedication of land. The dedication of land shall be reviewed as part of the preliminary PDH plan. The developer shall designate the area or areas of land to be dedicated pursuant to this section on the prelimi- nary PDH plan. Where wetlands have been delineated on the property, the preliminary PDH plan shall also identify the boundaries of such wetlands. Upon receipt of the preliminary PDH plan, the Director of Planning and Com- munity Development (PCD) shall submit a copy to the Parks and Recreation Department Director for review by the Parks and Recreation Commission and, at the PCD Director's discretion, the Riverfront and Natural Areas Commis- sion. The Commissions shall submit recommendations concerning the land to be dedicated to the Planning and Zoning Commission within twenty-one (21) business days of the application for preliminary PDH plan approval. The Planning and Zoning Commission will consider the application and forward its recommendation to the City. D. Submission of deed. Where dedication of land is required, the developer shall provide a properly executed warranty deed conveying the dedicated land to the City of Iowa City within two years of preliminary PDH plan approval, or by the time the City issues fifty percent (50%) of the certifi- cates of occupancy for the PDH plan • area, whichever is earlier. The City shall formally accept the dedication of land for open space, parkland or green- ways/trails by resolution. 4. Payment of Fees in Lieu of Land Dedication Ordinance No. 94-3648 Page 6 a. General. The payment of fees in lieu of dedication of land may occur at the request of the developer with approval by the City, or may be required by the City. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary PDH plan. b. Request by developer. Any developer wishing to make such payment shall attach a letter proposing the payment of fees in lieu of land dedication to the preliminary PDH plan application. The PCD Director shall forward a copy of the preliminary PDH plan, along with a copy of the letter requesting payment of fees in lieu of land dedication, to the Director of Parks and Recreation for review by the Parks and Recreation Commission and, at the PCD Director's discretion, the Riverfront and Natural Areas Commission. The Commissions shall submit any and all recommenda- tions concerning the payment of fees in lieu of dedication to the Planning and Zoning Commission within twenty-one (21) business days of the application for preliminary PDH plan approval. The Planning and Zoning Commission will consider the application and forward its recommendations to the City. c. Determination of fees in lieu of dedi- cation. The City may, at its discretion, require the payment of fees in lieu of the developer dedicating land if the City finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational ' needs of the proposed development can be met by other park, greenway, or recreational facilities planned or con- structed by the City within reasonable proximity to the development. The City shall consider the following factors in making its determination: (1) Recreational and open space ele- ments of the City Comprehensive Plan and the relation of the PDH plan area to the proposed open space and recreational areas. (2) Topographic and geologic condi- ' tions of the land available for dedication. (3) Location of and access to the land available for dedication. Ordinance No. 94-3648 Page 7 (4) Size and shape of the land avail- able for dedication. (5) The character and recreational needs of the neighborhood where the development is located. (6) The costs of developing open space and recreational areas in the PDH plan area. (7) The actual or potential develop- ment of open space and recre- ational areas on land adjacent to the PDH plan area which will serve the needs of the development. (8) Recommendations of staff, the Parks and Recreation Commission, the Riverfront and Natural Areas Commission, and the Planning and Zoning Commission. (9) Other relevant information. d. Time of payment Fees in lieu of dedication shall be paid in full by the developer prior to the issuance of the first building permit for a residence in the PDH plan area. e. Amount of payment. The fee shall be equal to the fair market value of the land that otherwise would have been required for dedica- tion. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser who is acceptable to both the City and the developer. The City and developer will equally share the appraisal cost. 5. Requiring Both Dedication of Land and Payment of a Fee. The City may, at its discretion, require a developer to dedicate a portion of the land required under the for- mula set forth in Section 14-6J-2E3a, and also to pay a fee in lieu of dedication for the remaining portion of the land by said formu- la. The fee for the remaining portion shall be determined by a qualified real estate appraiser as set forth in Section 14-6J- 2E4e. 6. Use of Funds a. All payments in lieu of dedication shall be deposited in a specific neighborhood open space account designated by the name of the contributing development. All payments will be used to acquire and/or develop open spaces, parks, recreation facilities and greenways/ trails which will benefit the residents of the development for which the pay- ment has been made by the developer. -5 Ordinance No. 94-3648 Page 8 b. The City must use the payment in lieu of dedication within five (5) years from the date received. This period shall be automatically extended an additional five (5) years if the developer has not constructed at least fifty percent (50%) of the units within the PDH plan area for which payment in lieu of dedication has been made by the developer. If the City has not spent the funds by the last day of the five-year period or, if extend- ed, by the last day of an additional five years, the property owner(s) shall be entitled to a pro rata proportional re- fund based on the percentage of units they own of the total number of units within the PDH area. The owner(s) of the property must request such refund in writing within one hundred eighty (180) calendar days of the entitlement to the refund, or the right to a refund is waived. The conditional zoning agree- ment for each PDH development for which the developer has made pay- ments in lieu of dedication shall include a section specifically describing the refund, and also specifically shall obli- gate the developer to inform all proper- ty owners and all successors in interest to properties in the development of the necessity of submitting a written re- quest for any such refund. Title 14, Chapter 6, Article J, Section 2, "Planned Development Housing Overlay Zone (OPDH)," of the City Code is hereby further amended by: a) Repealing Subsection 14-6J-2D1 b6, "Loca- tion and area of proposed open space," and adding a new Subsection 14-6J-2D1b6 to read as follows: Subsection 14-6J-2D 1 b6. Location and area of proposed open space areas either to be dedicated pursuant to the requirements of Section 14-6J-2E, "Dedication of Neigh- borhood Open Space or Payment of Fees in Lieu of Land for Open Space," or to be held in common, and whether it is to be used for active recreation purposes or as an environ- mental amenity. b) Repealing Subsection 14-6J-2D7c, "Open Space," and adding a new Subsection 14- 6J-2D7c to read as follows: Subsection 14-6J-2D7c. Open Space. - Planned developments must dedicate land for open space, pay a fee in lieu of land for open spaces, or a combination thereof as tt� (J Ordinance No. 94-3648 Page 9 required by Section 14-6J-2E, "Dedication • of Neighborhood Open Space or Payment of Fees in Lieu of Land for Open Space." (1) All land dedications for public use shall conform to the requirements of Section 14-6J-2E. (2) In the event open space land in addition • to that required by Section 14-6J-2E is . to be retained under private ownership under the PDH plan,the developer must submit a legally binding instrument set- ting forth the procedures to be followed for maintaining the areas and for fi- nancing maintenance costs. Generally, such costs shall be shared by all own- ers of property located within the planned development through the use of an owners association, and all costs unpaid by said association shall become a lien on individual properties in favor of the City. 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 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 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 22nd day of November, 1994. . ¢ter 5 AYOR �y�, // `/ ATTEST: /i([LuaJ fS- 711 .u2 CITY CL``EERK • • 6 • •• ed by i Il• 4:d.A Aim(--....4'- /G Z5--9g Attorn r ffice ••dadmm\pdhnos.ord Ordinance No. 94-3648 Page 10 It was moved by Kubby and seconded by Thrngmnrrnn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby X Lehman x Novick Pigott Throgmorton First Consideration 10/25/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Lehman, Novick. NAYS: None. ABSENT: Kubby. Second Consideration 11/8/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: Lehman. ABSENT: None. Date published 11/30/94 Imo' �6�f1.A m ' _ mwgC3G z 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. 94-3648 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of November 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . Clifj v`-C.(.0 Susan Walsh Deputy City Clerk \wdhh.crt CENTERCIVIC 410 E. FAX(319)INGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA356-5009 51/4P Rc • y5 v rw. 7`l - ,Dvi If ' / at3 OFFICIAL PUBLICATION WHEREAS,it is the intent of the City of Iowa City, Iowa, to ensure that adequate usable neighborhood open space,parks and recreation density occurring in Iowa City. facilities are provided in a manner consistent with the Neighborhood Open Space Plan adopt- PDU = Persons per dwelling unit ed as part of the City's Comprehensive Plan on based on the most recent Census July 20,1993,and that the method of assuring 3/1000 = The community standard n SC?`, such open space is an equitable, predictable of acres for active neighborhood open Printer's fee $ /3/' and reasonably calculable way to acquire space required per 1,000 persons, as needed open space as development occurs in determined by the Formula set out in CERTIFICATE OF PUBLICATION the City. the Neighborhood Open Space Plan WHEREAS,the City of Iowa City, Iowa has adopted July 1993 as an amendment STATE OF IOWA Johnson County, ss: determined that new development creates an to the Iowa City Comprehensive Plan. IOWA, This formula shall be deemed reason- THE IOWA CITY PRESS-CITIZEN impact and burden on existing neighborhood open space, as well as a need for additional ably calculated to meet the developer's FED. ID # 42-0330670 neighborhood open space;and proportionate share of the devel- WHEREAS, the provision of neighborhood o impact upon and creation of open space through dedication and/or the increased and additional need for neigh- I payment of fees to be used for land acquisition borhood open space. Margaret Rios, being duly sworn, in lieu of dedication is a reasonable and objec- b. Nature of land to be dedicated. tive method for addressing and alleviating such Except as otherwise required by the say that I am the legal clerk of impact,and also promoting and protecting the City at the time of preliminary PDH plan public health,safety and welfare of the citizens approval, all dedications of land shall the IOWA CITY PRESS-CITIZEN, of Iowa City. meet the following criteria: a newspaper published in said NOW THEEFORE BE IT ORDAINED BY THE (1) Usability. At least ninety percent CITY COUNCIL OF THE CITY OF IOWA CITY, (90%) of the land required to be county, and that a notice, a IOWA,THAT: dedicated shall be located outside SECTION I.AMENDMENT. Title 14,Chapter 6, of floodways,lakes or other water printed copy of which is hereto Article J, Section 2 "Planned Development bodies,dies, areas with slopes greater attached, was published in said Housing Overlay Zone (OPDH)," of the City than fifteen 15 percent (15%), Code is hereby amended by adding Section 14- wetlands subject to Federal or paper time(s), on the 6J-2E, "Dedication of Neighborhood Open State regulatory jurisdiction and other areas the City reasonably following date(s): Space or Payment of Fees in Lieu of Land forNeighborhood Open Space,"to read as follows: deems unsuitable for neighborhood .3 U /79 / 1. Purpose This section is adopted to ensure open space due to approptopogriate con- phy, ,0that adequate usable neighborhood open flooding or other appropriate con- siderations. Dry bottom storm- space, parks and recreation facilities are water detention facilities and dry provided as development occurs within Iowa City, and to do so in a manner which creek areas may be credited to- ts consistent with the Neighborhood Open ward reaching a portion of the Space Plan adopted by the City July 1993 City required land dedication when the91 � (3.--&-e...-'4 City determines that such areas by using a fair and reasonably calculated are suitable for use as neighbor- Legal Clerk method to equitably apportion the costs of hood open space. The City en- acquiring and/or developing land for those courages the dedication of lakes, purposes. Active, usable neighborhood ponds,creeks,other water bodies, Subscribed and sworn to before me open space includes pedestrian/bicycle trails wetlands falling under the jurisdic- preferably located within natural greenway tion of State or Federal agencies �� systems. and also includes neighborhood and other sensitive areas such as this day of .--- ' , A.L. parks that serve nearby residents. Portions woodland areas, both as ten per- of community parks may be adapted for cent (10%) of and in addition to lel 9 (� neighborhood use,but this ordi,ante is not the dedicated land required by this mended to fund the acquisition of commu- section, if sufficient abutting land / , / / nity parks or large playing fields for orga- nized sports. While this section is primarily area or park. A_..-. AMP . _ (21 to provide usable neighborhood (21 Unity. The dedicated land shall open spaces, it is also intended to encour- form a single parcel of land, ex- blie age, wherever reasonably feasible, the cept where the City determines 4,� r, dedication of sensitive areas in conjunction that two (2) or more parcels or Sy STUBBS with the usable open space. greenways/trails would best serve y COM ZISS 97 EXPIRES 2. Dedication of Land or Payment of Fees in the public interest,given the type : Lieu of Land Required As a condition of and distribution of neighborhood approval for planned development housing, each developer shall dedicate land, pay a open space needed to adequately fee in lieu of land,or, a combination there- serve the proposed development. of, for park, greenway, recreational and If the City determines that two 12) or more parcels would best serve open space purposes as determined by the the public interest, the City may OFFICIAL PUBLICATION City and in accordance with the provisions require that such parcels be con- ofORDINANCE NO.94-3648 this section, all as a reasonable method netted by a dedicated strip of land calculated to accomplish the City's goal of at least twenty (20) feet in width requiring development occuring in Iowa City in order to provide access and AN ORDINANCE AMENDING TITLE 14,CHAP- which creates increased needs for neighbor- TER 6,ARTICLE J, SECTION 2 OF THE CITYcontinuity between said parcels. hood open space("open space impact")to (31 Location. The dedicated land shall CODE OF IOWA CITY, IOWA, ENTITLED pay a proportionate share of the City's be located so as to reasonably "PLANNED DEVELOPMENT HOUSING OVER- capital improvements to fulfill said open LAY ZONE(OPDH)"TO REQUIRE DEDICATION serve the recreation and open OF LAND OR PAYMENT OF FEES IN LIEU OF space impact needs. space needs of the residents of LAND FOR NEIGHBORHOOD OPEN SPACE. 3. DedicatAmou of Land the planned development housing, a. Amount ofland to be dedicated. and shall be deemed to be reason- The amount of park land dedication ablycalculated to meet the resi- WHEREAS, neighborhood open space is shall be determined by the following considered a vital part of Iowa City's communi- dents' increased recreation andformula: ty and often serves as a focal point of neigh- open space needs. A x.65DU x PDU x 3/1000 borhood activity;and A = Acres of undeveloped property 141 Shape. If a sufficient amount of WHEREAS, attractive open space enhancesDU=Dwelling units per undeveloped land is dedicated to accommodate and preserves private property values,and also acre(65%of maximum density allowed recreational facilities and activities, serves the immediate and future needs of areasuch as fields, courts or play- by the Zoning Chapter). This percent- ground equipment, the shape of residents in the same way as other capital ace reflects the avr-e . development improvements such as streets,water mains and the dedicated land shall be suitable sanitary and storm sewers serve residents of a for such facilities and activities. neighborhood;and Linear open space should be of WHEREAS,active,usable neighborhood open sufficient width to accommodate space includes pedestrian/bicycle trails prefera- trails and adjacent greenways. bly located within natural greenway systems, and also includes neighborhood parks that 4/5 serve nearby residents;and 0KU. `ly —.s(,y 6 151 Access. b. Request by developer. Any developer C7. a r3 (a) Greenways(trails Public access wishing to make such payment shall to greenways/trails shall be attach a letter proposing the payment provided by a public access of fees in lieu of land dedication to the 6. Use of Funds easement at least twenty(20) preliminary PDH plan application. The a. All payments in lieu of dedication shall feet in width. In addition, PCD Director shall forward a copy of be deposited in a specific neighborhood greenways/trails shall be con- the preliminary PDH plan,along with a open space account designated by the nected to existing or proposed copy of the letter requesting payment name of the contributing development. greenways/trails on adjacent of fees in lieu of land dedication,to the All payments will be used to acquire property. Director of Parks and Recreation for and/or develop open spaces, parks, fb)Parks Public access to the review by the Parks and Recreation recreation facilities and greenways/ dedicated land to be used for Commission and,at the PCD Director's trails which will benefit the residents parks shall be provided either discretion, the Riverfront and Natural the development for which the r by adjoining public street front- ment has been made by the dove' age or by a dedicated public Areas Commission. The Commissions b. The City must use the payment in lieu of dedication within five(5)years from access easement at least fifty shall submit any and all recommends- 150) feet in width which con- tions concernithe date received. This period shall be ng the payment o1 fees in nects the dedicated land to a lieu of dedication to the Planning and automatically extended an additional public street or right-of-way. Zoning Commission within twenty-one five 151 years if the developer has not grades to existingconstructed at least fifty percent(50%) The adjacent 1211 business days of the application of the units within the PDHlan area and proposed streets shall for preliminary PON plan approval. The p permit reasonable access to Planning and Zoning Commission will for which payment in lieu of dedication the dedicated land. The parcel consider the application and forward its has been made by the developer. If the shall be safely accessible to recommendations to the City. City has not spent the funds by the last pedestrian traffic. Where the c. Determination of fees in lieu of dedi- day of the five-year period or,if extend- dedicated land is located adja- cation. The City may,at its discretion, ed, by the last day of an additional five cent to a street,the developer require the payment of fees in lieu of years, the property ownerfs) shall be shall remain responsible for the the developer dedicating land if the City entitled to a pro rata proportional re- installation of utilities, side- finds that all or part of the land required fund based on the percentage of units for dedication is not suitable for public they own of the total number of units walks,and other improvements required along that street seg- recreation and open space purposes,or within the PDH area. The owner(s)of the property must request such refund meet. upon a finding that the recreational 16) Site preparation. The City may needs of the proposed development can in writing within one hundred eighty require the developer to grade and be met by other park, greenway, or 11801 calendar days of the entitlement seed those portions of the dedicat- recreational facilities planned or con- to the refund,or the right to a refund is ed land to be improved prior to structed by the City within reasonable waived. The conditional zoning agree- dedication of the property, and proximity to the development. The City ment for each PDH development for prior to the City's acceptance of shall consider the following factors in which the developer has made pay- t ments in lieu of dedication shall include he dedication. making its determination: C. Procedure for dedication of land. (1) Recreational and open space ale- a section specifically describing the The dedication of land shall be ments of the City Comprehensive refund,and also specifically shall obli- reviewed as part of the preliminary PDH Plan and the relation of the PDH gate the developer to inform all proper- plan. The developer shalt designate the plan area to the proposed open ty owners and all successors in interest area or areas of land to be dedicated space and recreational areas. to properties in the development of the pursuant to this section on the prelimi- (2) Topographic and geologic condi- necessity of submitting a written re- nary PDH plan. Where wetlands have been delineated on the property, the dedication.tions of the land available for quest for any such refund. Title 14, Chapter 6, Article J, Section 2, • preliminary PDH plan shall also identify (31 Location of and access to the land "Planned Development Housing Overlay Zone the boundaries of such wetlands. available for dedication. IOPDH),' of the City Code is hereby further Upon receipt of the preliminary PDH 141 Size and shape of the land avail- amended by: a) Repealing Subsection 14-6J-201b6,"Loca- plan,the Director of Planning and Com- able for dedication. munity Development(PCD)shall submit 15) The character and recreational tion and area of proposed open space,"and a copy to the Parks and Recreation needs of the neighborhood where adding a new Subsection 14-6J-20166 to Department Director for review by the the development is located. read as follows: Parks and Recreation Commission and, 16) The costs of developing open Subsection 14-6J-2D1b6.Location and at the PCD Director's discretion, the space and recreational areas in the area of proposed open space areas either to Riverfront and Natural Areas Commis- PDH plan area. be dedicated pursuant to the requirements sion. The Commissions shall submit (71 The actual or potential develop- of Section 14-6J-2E, 'Dedication of Neigh- recommendations concerning the land ment of open space and recre- boyhood Open Space or Payment of Fees in to be dedicated to the Planning and ational areas on land adjacent to Lieu of Land for Open Space,"or to be held Zoning Commission within twenty-one the PDH plan area which will serve in common,and whether it is to be used for (21) business days of the application the needs of the development. active recreation purposes or as an environ- for preliminary POH plan approval. The (81 Recommendations of staff, the mantel amenity. Planning and Zoning Commission will Parks and Recreation Commission, b) Repealing Subsection 14-6J-2D7c, 'Open consider the application and forward its the Riverfront and Natural Areas Space,' and adding a new Subsection 14- recommendation to the City. Commission,and the Planning and 6J-207c to read as follows: Subsection 14-6J-2D7c. Open Space. D. Submission of deed. Zoning Commission. Where dedication of land is required, 19) Other relevant information. Planned developments must dedicate land the developer shall provide a properly d. Time of payment for open space,pay a fee in iieu of land for executed warranty deed conveying the Fees in lieu of dedication shall be open spaces, or a combination thereof as dedicated land to the City of Iowa City paid in full by the developer prior to the required by Section 14-6J-2E, 'Dedication within two years of preliminary POH issuance of the first building permit for of Neighborhood Open Space or Payment of plan approval, or by the time the City a residence in the PDH plan area. Fees in Lieu of Land for Open Space." issues fifty percent(50%1 of the certifi- e. Amount of payment. Ill All land dedications for public use shall cates of occupancy for the PDH plan The fee shall be equal to the fair conform to the requirements of Section area, whichever is earlier. The City market value of the land that otherwise 14-6J-2E. shall formally accept the dedication of would have been required for dedica- 121 In the event open space land in addition land for open space,parkland or green- tion. The fair market value of the to that required by Section 14-6J-2E is ways/trails by resolution, undeveloped land shall be determined to be retained under private ownership 4. Payment of Fees in Lieu of Land Dedication by a qualified real estate appraiser who under the PDH plan,the developer must a. General. The payment of fees in lieu of is acceptable to both the City and the submit a legally binding instrument set- dedication of land may occur at the developer. The City and developer will ting forth the procedures to be followed equest of the developer with approval equally share the appraisal cost. for maintaining the areas and for fi- by the City,or may be required by the 5. Requiring Both Dedication of Land and nancing maintenance costs. Generally, City. The payment of fees in lieu of Payment of a Fee. The City may, at its such costs shall be shared by all own- land dedication shall be reviewed and discretion,require a developer to dedicate a ers of property located within the approved as part of the preliminary portion of the land required under the for- planned development through the use PDH plan. muga set forth in Section 14-6J-2E3a, and of an owners association,and all costs also to pay a fee in lieu of dedication for the unpaid by said association shall become remaining portion of the land by said formu- a lien on individual properties in favor la. The fee for the remaining portion shall of the City. be determined by a qualified real estate appraiser as set forth in Section 14-6J- 2E4e. ,--.1 vF<.v. 7ctf- �(oc 3 / 3 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 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 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 22nd day of November, 1994. I •ice. AYOR // ATTEST:,J X /r. / CITY CL RK 2928 - November30,1994 15 ora. ?)K. • ORDINANCE NO. 94-3649 AN ORDINANCE AMENDING TITLE 14, CHAPTER 7, "LAND SUBDIVISIONS," OF THE CITY CODE BY ADDING A NEW ARTICLE D ENTITLED "DEDICATION OF LAND OR PAYMENT OF FEES IN LIEU OF LAND FOR NEIGHBORHOOD OPEN SPACE". WHEREAS, neighborhood open space is considered a vital part of Iowa City's community, and often serves as a focal point of neighborhood activity; and WHEREAS, attractive open space enhances and preserves private property values, and also serves the immediate and future needs of area residents in the same way as other capital improvements such as streets, water mains and sanitary and storm sewers serve residents of a neighborhood; and • WHEREAS, active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents; and WHEREAS, it is the intent of the City of Iowa City, Iowa to ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner consistent with the Neighborhood Open Space Plan adopted as part of the City's Comprehensive Plan on July 20, 1993 and that the method of assuring such open space is an equitable, predictable and reasonably calculable way to acquire needed open space as development occurs in the City. WHEREAS, the City of Iowa City, Iowa has determined that new development creates an impact and burden upon existing neighborhood open space, as well as a need for additional neighborhood open space; and WHEREAS, the provision of neighborhood open space through dedication of land and/or payment of fees to be used for land acquisition in lieu of dedication is a reasonable and objective method for addressing and alleviating such impact, and promoting and protecting the public health, safety and welfare of the citizens of Iowa City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 7, "Land Subdivisions," of the City Code is hereby amended by adding Article D, "Dedication of ORDINANCE NO. 94-3649 PAGE 2 Neighborhood Open Space or Payment of Fees in Lieu of Land for Neighborhood Open Space," to read as follows: Section 14-7D. Dedication of Neighborhood Open Space or Payment of Fees in Lieu of Dedication • 14-7D-1: Intent and Purpose This section is adopted to ensure that adequate usable neighborhood open space, parks and recreation facilities in a manner which is consistent with the Neighborhood Open Space Plan adopted by • the City July 1993, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this ordinance is not intended to fund the acquisition of community parks or large playing fields for organized sports. While this article is primarily intended to provide usable neighborhood open spaces, it is also intended to encourage, wherever reasonably feasible, the dedication of sensitive areas in conjunction with the usable open space. 14-7D-2: Dedication of Land or Payment of Fees in Lieu of Land Required. As a condition of approval for residential subdivisions or commercial subdivisions containing residential uses, each subdivider shall dedicate land, pay a fee in lieu of land or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of this Article, all as a reasonable method calculated to accomplish the City's goal of requiring development occurring in Iowa City which creates increased needs for neighborhood open space ("open space impact") to pay a proportionate share of the City's capital improvements to fulfill said open space impact needs. 14-7D-3: Dedication of Land A. Amount of land to be dedicated. The amount of land dedication shall be determined by the following formula: ORDINANCE NO. 94-3649 PAGE 3 • A x .65DU x PDU x 3/1000 A=Acres of undeveloped property DU=Dwelling units per undeveloped acre (65% of maximum density allowed by the Zoning Chapter). This percentage reflects the average development density occurring in Iowa City. PDU= Persons per dwelling unit based on the most recent Census 3/1000=The community standard of acres for active neighborhood open space required per 1,000 persons, as determined by the formulas set out in the Neighborhood Open Space Plan adopted July 1993 as an amendment to the Iowa City Comprehensive Plan. This formula shall be deemed reasonably calculated to meet the Subdivider's proportionate share of the development's impact upon and creation of increased and additional need for neighborhood open space. B. Nature of land to be dedicated. Except as otherwise required by the City at the time of preliminary subdivision plat approval, all dedications of land shall meet the following criteria: 1. Usability. At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen percent (15%), wetlands subject to • Federal or State regulatory jurisdiction and other areas the City reasonably deems unsuitable for neighborhood • open space due to topography,flooding or other appropriate considerations. Dry bottom stormwater detention facilities and dry creek areas may be credited toward reaching a portion of the required land dedication when the City determines that such areas are suitable for use as neighborhood open space. The City encourages the dedication of• lakes, ponds, creeks, ORDINANCE NO. 94-3649 PAGE 4 other water bodies, wetlands falling under the jurisdiction of State or Federal agencies and other sensitive areas including woodland areas, both as ten percent (10%) of and in addition to the dedicated land required by this section, if sufficient abutting land is dedicated as a public recreation area or park. 2. Unity. The dedicated land shall form a single parcel of land, except where the City determines that two (2) or more parcels or greenways/trails would best serve the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the City determines that two (2) or more parcels would best serve the public interest, the City may require that such parcels be connected by a dedicated strip of land at least twenty (20) feet in width in order to provide access and continuity between said parcels. 3. Location. The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the subdivision, and shall be deemed to be reasonably calculated to meet the resident's increased recreation and open space needs. 4. Shape. If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or playground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways. 5. Access. a. Greenways/trails Public access to greenways/trails shall be provided by a public access easement at least twenty (20) feet in width. In addition, greenways/trails shall be connected to existing or proposed greenways/trails on adjacent property. b. Parks Public access to the dedicated land to be used for parks 47 ORDINANCE NO. 94-3649 PAGE 5 shall be provided either by adjoining public street frontage or by a dedicated public access easement at least fifty (50) feet in width which connects the dedicated land to a public street or right-of-way. The grades adjacent to existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic. Where the dedicated land is located adjacent to a street, the subdivider shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment. 6. Site preparation. The City may require the subdivider to grade and seed those portions of the dedicated land to be improved prior to dedication of the property and prior to City's acceptance of the dedication. C. Procedure for dedication of land. The dedication of land shall be reviewed as part of the preliminary subdivision plat. The subdivider shall designate the area or areas of land to be dedicated pursuant to this article on the preliminary subdivision plat. Where wetlands have been delineated on the property,the preliminary subdivision plat shall also identify the boundaries of such wetlands. Upon receipt of the preliminary subdivision plat, the Director of Planning and Community Development (PCD) shall submit a copy to the Parks and Recreation Department Director for review by the Parks and Recreation Commission and, at the PCD Director's discretion, the Riverfront and Natural Areas Commission. The Commissions shall submit recommendations concerning the land to be dedicated to the Planning and Zoning Commission within twenty-one (21) business days of the application for preliminary subdivision plat approval. The Planning and Zoning Commission will consider the application and forward its recommendation to the City Council. D. Submission of deed. 3% ORDINANCE NO. 94-3649 • PAGE 6 Where dedication of land is required, the subdivider shall provide a properly executed warranty deed conveying the dedicated land to the City of Iowa City within two years of preliminary plat approval or by the time the City issues fifty percent (50%) of the certificates of occupancy for the subdivision, whichever is earlier. The City shall formally accept the dedication of land for open space, parkland or greenways/trails by resolution. 14-7D-4 Payment of Fees in Lieu of Land • Dedication A. General. The payment of fees in lieu of dedication of land, as required in Section 14-7D-3C above, may occur at the request of the subdivider with approval by the City, or may be required by the City. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary subdivision plat. B. Request by subdivider. Any subdivider wishing to make such payment shall attach a letter proposing the payment of fees in lieu of land dedication to the preliminary subdivision plat application. The PCD Director shall forward a copy of the preliminary subdivision plat, along with a copy of the letter requesting payment of fees in lieu of land dedication to the Director of Parks and Recreation for review by the Parks and Recreation Commission and, at the PCD Director's discretion, the Riverfront and Natural Areas Commission. The Commissions shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the Planning and Zoning Commission within twenty-one (21) business days of the application for preliminary subdivision plat approval. The Planning and Zoning Commission will consider the application and forward its recommendations to the City Council. C. Determination of fees in lieu of dedication criteria. The City may, at its discretion, require the payment of fees in lieu of the subdivider dedicating land, if the City finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or 7 ORDINANCE NO. 94-3649 PAGE 7 upon a finding that the recreational needs of the proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the City within reasonable proximity to the subdivision. The City shall consider the following factors in making its determination: 1. Recreational and open space elements of the City Comprehensive Plan and the relation of the subdivision to the proposed open space and recreational areas. 2. Topographic and geologic conditions of the land available for dedication. 3. Location of and access to the land available for dedication. 4. Size and shape of the land available for dedication. 5. The character and recreational needs of the neighborhood where the subdivision is located. 6. The costs of developing open space and recreational areas in the subdivision. 7. The actual or potential development of open space and recreational areas on land adjacent to the subdivision which will serve the needs of the subdivision. 8. Recommendations of staff, the Parks and Recreation Commission, the Riverfront and Natural Areas Commission, and the Planning and Zoning Commission. 9. Other relevant information. D. Time of payment Fees in lieu of dedication shall be paid in full by the subdivider prior to the issuance of the first building permit for a lot in the subdivision. E. Amount of payment. The fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser who is acceptable to both the City and the subdivider. The City and subdivider will equally share the appraisal costs. 7 • ORDINANCE NO. 94-3649 PAGE 8 14-7D-5 Requiring Both Dedication of Land and Payment of a Fee. The City may, at its discretion, require a subdivider to dedicate a portion of the land required under the formula set forth in Section 14-7D-3A, and also to pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for the remaining portion shall be determined by a qualified real estate appraiser as set forth in Section 14-7D-4E. 14-7D-6 Use of Funds A. All payments in lieu of dedication shall be deposited in a special neighborhood open space account designated by the name of the contributing development. All payments will be used to acquire and/or develop open spaces, parks, recreation facilities and greenways/trails which will benefit the residents of the subdivision for which payment has been made by the subdivider. B. The City must use the payment in lieu of dedication within five (5) years from the date received. This period shall be automatically extended an additional five (5) years if the subdivider has not constructed at least fifty percent (50%) of the units within the subdivision for which payment in lieu of dedication has been made by the subdivider. If the City has not spent the funds by the last day of the five-year period or, if extended, by the last day of an additional five years, the property owner(s) shall be entitled to a proportional refund based on the percentage of the platted lots they own of the total platted lots in the subdivision. ,The owner(s) of the property must request such refund in writing within one hundred eighty (180) calendar days of the entitlement to the refund or the right to a refund is waived. The Subdivider's Agreement for each subdivision for which the subdivider has made payments in lieu of dedication shall include a section specifically describing the refund, and shall also specifically obligate the subdivider to inform all property owners and successors in interest to properties in the subdivision S ORDINANCE NO. 94-3649 PAGE 9 of the necessity of submitting a written request for any such refund. 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 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 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 22nd day of November, 1994. ,AYOR /J // ATTEST: Cycc� /( . k(R.rn/ CITY CL RK = .pr. ed by ,�[(// itIC 0 Attor Tice /0—zS---97 ppdadmin\subnos.ord i4 Ordinance No. 94-3649 Page 10 It was moved by xttbby and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby X Lehman X Novick Pigott _X_ Throgmorton First Consideration 10/25/94 • Vote for passage: AYES:Novick, Pigott, Throgmorton, Baker, Iiorowitz. NAYS: Lehman. ABSENT: Kubby. Second Consideration 11/8/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. NAYS: Lehman. ABSENT: None. Date published 11/30/94 ,T"''N\\\ Yr ., .III I�'✓r ,i!` x. - -frit IH�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. 94-3649 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of November 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . __,./.00/Y1.. WthjA Susan Walsh Deputy City Clerk \wdN.pt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356.5000 IOWA CITY IOWA 52240-1636 FAX(319) 356-5009 I 1 a---- vrw • , f v Le t r WHEREAS, it is the intent of the City of 3/1000=The community standard of acres Iowa City,Iowa to ensure that adequate usable for active neighborhood open space required neighborhood open space,parks and recreation per 1,000 persons, as determined by the facilities are provided in a manner consistent formulas set out in tie Neighborhood Open with the Neighborhood Open Space Plan Space Plan adopted July 1993 as an adopted as part of the City's Comprehensive amendment to the Iowa City Comprehensive Plan on July 20, 1993 and that the method of - Plan. This formula shall be deemed assuring such open space is an equitable, reasonably calculated to meet the predictable and reasonably calculable way to Subdivider's proportionate share of the acquire needed open space as development develupment's impact upon and creation of occurs in the City. increased and additional need for/02�y Printer's fee $ � 7-3(-- WHEREAS, the City of Iowa City, Iowa has neighborhood open space. determined that new development creates an impact and burden upoh existing neighborhood B. Nature of land to be dedicated. CERTIFICATE OF PUBLICATION open space, as well as a need for additional Except as otherwise required by the City at neighborhood open space;and the time of preliminary subdivision plat STATE OF IOWA, Johnson County, ss: WHEREAS, the provision of neighborhood approval, all dedications of land shall meet THE IOWA CITY PRESS-CITIZEN open space through dedication of land and/or the following criteria: payment of fees to be used for land acquisition 1. Usability. At least ninety percent FED. ID# 42-0330670 in lieu of dedication is a reasonable and (90%) of the land required to be dedicated shall be located outside of I objective method for addressing and alleviating floodways,lakes or other water bodies, such impact,and promoting and protecting the areas with slopes greater than fifteen Margaret Rios, being duly sworn, public health,safety and welfare of the citizens percent (15%), wetlands subject to of Iowa City. Federal or State regulatory jurisdiction say that I am the legal clerk of NOW THEREFORE BE IT OHDAINED BY THE and other areas the City reasonably CITY COUNCIL OF THE CITY OF IOWA CITY, deems unsuitable for neighborhood the IOWA CITY PRESS-CITIZEN, IOWA,THAT:in said published eropen space due to topography,flooding a newspaper SECTION I.AMENDMENT. Title 14,Chapter 7, or other appropriate considerations. p p "Land Subdivisions,"of the City Code is hereby Dry bottom stormwater detention county, and that a notice, a amended by adding Article 0, "Dedication of facilities and dry creek areas may be printed copy of which is hereto Neighborhood Open Space or Payment of Fees credited toward reaching a portion of in Lieu of Land for Neighborhood Open Space," the required land dedication when the attached, was published in said to read as follows: City determines that such areas are a er i time(s), on the Section 14-7D. Dedication of Neighborhood suitable for use as neighborhood open p pOpen Space or Payment of Fees in Lieu of space. The City encourages the following date(s): Dedication dedication of lakes, ponds, creeks, 14-7D-1: Intent and Purpose This section is other water bodies, wetlands falling not - a. „ 3 o. /9 2 / adopted to ensure that adequate usable under the jurisdiction of State or t�YrW'�^-' 7 neighborhood open space,parks and recreation Federal agencies and other sensitive facilities in a manner which is consistent with areas including woodland areas, both the Neighborhood Open Space Plan adopted by as ten percent(10%)of and in addition the City July 1993, by using a fair and to the dedicated land required by this /1r reasonably calculable method to equitably section, if sufficient abutting land is "L -(J apportion the costs of acquiring and/or dedicated as a public recreation area or developing land for those purposes. Active, park. Legal Clerk usable neighborhood open space includes u2. Unity . The dedicated land shall form a pedestrian/bicycle trails preferably located singleparcel of land,except where the within natural greenway systems, and also City determines that two (2) or more Subscribed and sworn to before me includes neighborhood parks that serve nearby parcels or greenways/trails would best residents. Portions of community parks may be serve the public interest,given the type �/ adapted for neighborhood use, but this and distribution of neighborhood open this I 7G�'day of Q-__, , A.D. ordinance is not intended to fund the space needed to adequately serve the acquisition of community parks or large playing proposed development. If the City 19 9`�•. fields for organized sports. While this article is determines that two(2)or more parcels primarily intended to provide usable would best serve the public interest, / / neighborhood open spaces, it is also intended the City may require that such parcels I to encourage, wherever reasonably feasible, be connected by a dedicated strip of Or / the dedication of sensitive areas in conjunction land at least twenty 1201 feet in width l� with the usable open space. in order to provide access and _ Notary Public 14-7D-2: Dedication of Land or Payment of continuity between said parcels. -r ^ Fees in Lieu of Land Required. As a condition 3. Location. The dedicated land shall be *, tiI _ :RoN STUBBS of approval for residential suhdivisions or located so as to reasonably serve the .ii 4YMMISSION EXPIRES commercial subdivisions containing residential recreation and open space needs of the 2-LS-9� uses,each subdivider shall dedicate land, pay residents of the subdivision, and shall a fee in lieu of land or a combination thereof, be deemed to be reasonably calculated for park, greenway, recreational and open to meet the resident's increased space purposes,as determined by the City and recreation and open space needs. in accordance with the provisions of this 4. Shape. If a sufficient amount of land is Article, all as a reasonable method calculated dedicated to accommodate recreational to accomplish the City's goal of requiring facilities and activities, such as fields, ORDINANCE NO. 94-3649 development occurring in Iowa City which courts or playground equipment, the creates increased needs for neighborhood open shape of the dedicated land shall be AN ORDINANCE AMENDING TITLE 14, space I"open space impact"l to pay a suitable for such facilities and CHAPTER 7,"LAND SUBDIVISIONS,"OF THE proportionate share of the City's capital activities. Linear open space should be CITY CODE BY ADDING A NEW ARTICLED improvements to fulfill said open space impact of sufficient width to accommodate ENTITLED "DEDICATION OF LAND OR needs. trails and adjacent greenways. PAYMENT OF FEES IN LIEU OF LAND FOR 14-7D-3: Dedication of Land 5. Access. NEIGHBORHOOD OPEN SPACE A.Amount of land to be dedicated. a. Greenways/trails Public access to WHEREAS, neighborhood open space is The amount of land dedication shall be greenways/trails shall be provided by a considered a vital part of Iowa City's determined by the following formula: public access easement at least twenty community, and often serves as a focal point of neighborhood activity;and A x.65DU x PDU x 3/1000 (201 feet in width. In addition, greenwaysltrails shall be connected to WHEREAS,attractive open space enhances and preserves private property values,and also A=Acres of undeveloped property existing or proposed greenways/trails on adjacent property. serves the immediate and future needs of area residents in the same way as other apital DU=Dwelling units per undeveloped acre b. Parks Public access to the improvements such as streets,water mains and 165% of maximum density allowed by the dedicated lard to be used for parks sanitary and storm sewers serve residents of a Zoning Chapter). This percentage reflects shall be provided either by adjoining neighborhood;and the average development density occurring public street frontage or by a dedicated WHEREAS, active, usable neighborhood in Iowa City. public access easement at least fifty open space includes pedestrian/bicycle trails150) feet in width which connects the PDU= Persons per dwelling unit based on dedicated land to a public street or preferably located within natural greenway systems,and also includes neighborhood parks the most recent Census right-of-way. The grades adjacent to that serve nearby residents;and existing and proposed streets shall permit reasonable access to the L11 ) i , f)Kali . I ' CEI Y 11 upon a finding that the recreational needs c",( /07 specifically describing the refund,and shall dedicated land. The parcel shall be of the proposed subdivision can be met by also specifically obligate the subdivider to safely accessible to pedestrian traffic. other park, greenway, or recreational inform all property owners and successors Where the dedicated land is located facilities planned or constructed by the in interest to properties in the subdivision adjacent to a street, the subdivider City within reasonable proximity to the of the necessity of submitting a written shall remain responsible for the subdivision. The City shall consider the request for any such refund. installation of utilities, sidewalks and following factors in making its SECTION II. REPEALER. All ordinances and other improvements required along that determination: parts of ordinances in conflict with the provi- street segment. 1. Recreational and open space elements sions of this Ordinance are hereby repealed. 6. Site preparation. The City may require of the City Comprehensive Plan and the SECTION III. SEVERABILITY. If any section, the subdivider to grade and seed those relation of the subdivision to the provision or part of the Ordinance shall be portions of the dedicated land to be proposed open space and recreational adjudged to be invalid or unconstitutional,such improved prior to dedication of the areas. adjudication shall not affect the validity of the property and prior to City's acceptance 2. Topographic and geologic conditions of Ordinance as a whole or any section,provision of the dedication. the land available for dedication. or part thereof not adjudged invalid or unconsti- C.Procedure for dedication of land. 3. Location of and access to the land tutional. The dedication of land shall be reviewed as available for dedication. SECTION IV. EFFECTIVE DATE. This Ordi- part of the preliminary subdivision plat. The 4. Size and shape of the land available for nance shall be in effect after its final passage, subdivider shall designate the area or areas dedication. approval and publication,as provided by law. of land to be dedicated pursuant to this 5. The character and recreational needs of Passed and approved this 22nd day of article on the preliminary subdivision plat. the neighborhood where the subdivision November, 1994. Where wetlands have been delineated on is located. the property,the preliminary subdivision plat 6. The costs of developing open space • shall also identify the boundaries of such and recreational areas in the AYOR /J // -- subdivision. ATTEST: giwsa w� 7F 7r��t4✓ wetlands. 7. The actual or potential development of CITY CL RK Upon receipt of the preliminary subdivision plat, the Director of Planning and open space and recreational areas on 2927 November 30,1994 Community Development(PCD)shall submit land adjacent to the subdivision which a copy to the Parks and Recreation will serve the needs of the subdivision. Department Director for review by the Parks 8. Recommendations of staff, the Parks and Recreation Commission and,at the PCD and Recreation Commission, the Director's discretion, the Riverfront and Riverfront and Natural Areas Natural Areas Commission. The Commission, and the Planning and Commissions shall submit recommendatibns Zoning Commission. concerning the land to be dedicated to the 9. Other relevant information. • Planning and Zoning Commission within D. Time of payment twenty-one (21) business days of the Fees in lieu of dedication shall be paid in application for preliminary subdivision plat full by the subdivider prior to the issuance approval. The Planning and Zoning of the first building permit for a lot in the Commission will consider the application subdivision. and forward its recommendation to the City E. Amount of payment. Council. The fee shall be equal to the fair market D.Submission of deed. value of the land that otherwise would have been required for dedication. The Where dedication of land is required, the fair market value of the undeveloped land subdivider shall provide a properly executed shall be determined by a qualified real warranty deed conveying the dedicated land estate appraiser who is acceptable to both to the City of Iowa City within two years of the City and the subdivider. The City and preliminary plat approval or by the time the subdivider will equally share the appraisal City issues fifty percent (50%) of the costs. certificates of occupancy for the subdivision, whichever is earlier. The City 14-7D-5 Requiring Both Dedication of Land shall formally accept the dedication of land and Payment of a Fee. The City may, at its for open space,parkland or greenways/trails discretion, require a subdivider to dedicate a by resolution. portion of the land required under the formula 14-7D-4 Payment of Fees in Lieu of Land set forth in Section 14-7D-3A,and also to pay a fee in lieu of dedication for the remaining Dedication A. General. The payment of fees in lieu of portion of the land by said formula. The fee for dedication of land, as required in Section the remaining portion shall be determined by a 14-7D-3C above,may occur at the request qualified real estate appraiser as set forth in of the subdivider with approval by the Section 14-7D-4E. 14-7D-6 Use of Funds City,or may be required by the City. The A. All payments in lieu of dedication shall be payment of fees in lieu of land dedication shall be reviewed and approved as part of deposited in a special neighborhood open the preliminary subdivision plat. space account designated by the name of B. Request by subdivider. Any subdivider the contributing development. All wishing to make such payment shall payments will be used to acquire and/or attach a letter proposing the payment of develop open spaces, parks, recreation facilities and greenways/trails which will fees in lieu of land dedication to the benefit the residents of the subdivision for preliminary subdivision plat application. The PCD Director shall forward a copy 9t which payment has been made by the the preliminary subdivision plat,along with subdivider. a copy of the letter requesting payment of, B. The City must use the payment in lieu-of fees in lieu of land dedication to,thq dedication within five (51 years from the Director of Parks and Recreation for review date received. This period shall be by the Parks and Recreation Commission automatically extended an additional five and,at the PCD Director's discretion,the (51 years if the subdivider has not Riverfront and Natural Areas Commission. constructed at least fifty percent(50%)of The Commissions shall submit any and all, the units within the subdivision for which recommendations concerning the payment, payment in lieu of dedication has been of fees in lieu of dedication to the Planning made by the subdivider. If the City has and Zoning Commission within twenty-one not spent the funds by the last day of the 1211 business days of the application for five-year period or,if extended,by the last preliminary subdivision plat approval. The day of an additional five years, the Planning and Zoning Commission will property ownerls) shall be entitled to a consider the application and forward its proportional refund based on the recommendations to the City Council. percentage of the platted lots they own of C. Determination of fees in lieu of dedication the total platted lots in the subdivision. criteria. The City may, at its discretion, The ownerlsl of the property must request require the payment of fees in lieu of-the such refund in writing within one hundred subdivider dedicating land,if the City finds eighty (1801 calendar days of the that all or part of the land required for entitlement to the refund or the right to a dedication is not suitable for public refund is waived. The Subdivider's recreation and open space purposes, or Agreement for each subdivision for which the subdivider has made payments in lieu of dedication shall include a section t7ra. a . ORDINANCE NO. 94-3650 AN ORDINANCE AMENDING TITLE 14, UNI- FIED DEVELOPMENT CODE, CHAPTER 7, "LAND SUBDIVISIONS," BY AMENDING ARTI- CLE A OF THE CITY CODE TO REQUIRE RE- VIEW AND APPROVAL OF THE DIVISION OF LAND PRIOR TO RECORDING. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 14, Unified Development Code, Chapter 7, "Land Subdivi- sions," Article A, "General Subdivision Provi- sions," of the City Code is hereby amended as follows: 1. Section 14-7A-3 shall be amended by add- ing the following definitions for "Division" and "Boundary Line Adjustment." Division means dividing a tract, lot or parcel of land into two portions by conveyance or for tax purposes. The conveyance of an easement, other than a public highway easement, or a boundary line adjustment shall not be considered a division for the purpose of this Chapter. Boundary Line Adjustment means the recon- figuration of the boundary line between abutting tracts, lots or parcels and results in conveyance of less than 1,000 square feet of land. 2. Section 14-7A-4, Establishment of Control, is hereby amended by adding new subpara- graph (c). (c) Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the zon- ing and subdivision codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. 3. Section 14-7A-5, Issuance of Building Per- mits Restricted, is hereby amended by adding new subparagraph (b). (b) No building permit and no certificate of occupancy shall be issued for any divi- sion unless such division has been approved as set forth in this Chapter. 4. Section 14-7A-8, Selling Before Approval; Penalties, is hereby amended by repealing subparagraph (b) and in its place adding 1 Ordinance No. 94-3650 Page 2 new subparagraph (b) and by adding new subparagraph (c). (b) It shall be unlawful for any person or persons to agree to or attempt to trans- fer or sell, or to transfer or sell any divi- sion which requires approval under this Chapter without first having obtained certification of compliance. Each such attempt, agreement, transfer or sale shall be deemed a separate violation. (c) In addition to the foregoing, the city may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or trans- fer in violation of this Chapter. (1978 Code §32-8; 1994 Code) 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 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 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 22nd day of November, 1994.. 42-441>h. 0-uC e LD AYOR /•/ �/ ATTEST: Qi1,c�,r 51 "R�vt/ CITY CLERK pprove + ' City •ttorney's•• ic•/0_5.7 f hisad. •imand.ord 17 Ordinance No. 94-3650 Page 3 It was moved by Lehman and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby Lehman Novick Pigott x Throgmorton First Consideration 10/25/94 ' Vote for passage: AYES: Baker, Horowitz, Novick, Pigott, Throgmorton. Nays; Lehman. ABSENT: Kubby. Second Consideration 11/8/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Date published 11 /1n/96. • ‘167 1 /1n/96. 7 sa r-r!'"m7.7 r.-7C11410_ 4• IHSS e. 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. 94-3650 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of November 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . .,,,LOCZ41. H. W211 Susan Walsh Deputy City Clerk IWiJ•h.Crt CIVIC CENTER • 410 E. WASHINGTON ST. • PHONE (319) 356-5000 IOWA CITY IOWA 52240.1826 FAX(319) 356.5009 ia�, y7 OK//- 77 —.D62 OC-1 OFFICIAL PUBLICATION �. ORDINANCE NO. 94-3650 AN ORDINANCE AMENDING TITLE 14, UNI- FIED DEVELOPMENT CODE, CHAPTER 7, "LAND SUBDIVISIONS,"BY AMENDING ARTI- CLE A OF THE CITY CODE TO REQUIRE RE- VIEW AND APPROVAL OF THE DIVISION OF Printer's fee �v LAND PRIOR TO RECORDING. NOW.THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, CERTIFICATE OF PUBLICATION IOWA: SECTION I. AMENDMENTS. Title 14,Unified STATE OF IOWA, Johnson County, ss: Development Code, Chapter 7, "Land Subdivi- THE IOWA CITY PRESS-CITIZEN cions," Article A, "General Subdivision Provi- sions,"of the City Code is hereby amended as FED. ID # 42-0330670 follows: 1. Section 14-7A-3 shall be amended by add- ing the following definitions for "Division" and"Boundary Line Adjustment." Margaret Rios, being duly sworn, Division means dividing a tract,lot or parcel of land into two portions by conveyance or say that I am the legal clerk of for tax purposes. The conveyance of an the IOWA CITY PRESS-CITIZEN, easement, other than a public highway easement, or a boundary line adjustment a newspaper published in said shall not be considered a division for the purpose of this Chapter. county, and that a notice, a Boundary Line Adjustment means the recon- printed copy of which is hereto figuration of the boundary line between abutting tracts,lots or parcels and results in attached, was published in said conveyance of less than 1,000 square feet of land. paper / time(s), on the 2. Section 14-7A-4,Establishment of Control, following date(s): is hereby amended by adding new subpara- graph Icl. 3 c / y (c) Any divisionm of ar tract,velylot or parcel and shall be administratively reviewed and ' approved by the City Manager or designee for compliance with the zon- ing and subdivision codes. Prior to //�^✓/ recording, a division shall be certified as approved by the City Manager or designee.nee. Clerk 3. Section 14-7A-5, Issuance of Building Per- Legalmits Restricted, is hereby amended by adding new subparagraph lbl. Subscribed and sworn to before me (b) No building permit and a certificate occupancy - shall be issued for any A.D. divi- sion unless such division has been this i? day of ,. ZG ' , Dapproved as set forth in this Chapter. 4. Section 14-7A-8, Selling Before Approval; 19 1`� Penalties, is hereby amended by repealing subparagraph (b) and in its place adding �//�� Q' � ^ ///// new subparagraph Ibl and by adding new `ate ' " i_ Y subparagraph(c). N`-'l (b) It shall be unlawful for any person or persons to agree to or attempt to trans- Notary P blie fer or sell,or to transfer or sell any divi- sion which requires approval under this SHARON STUBBS Chapter without first having obtained MY COMMISSION EXPIRES certification of compliance. Each such • 24597 attempt, agreement, transfer or sale shall be deemed a separate violation. (cl In addition to the foregoing, the city may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or trans- fer in violation of this Chapter. 11978 Code §32-8; 1994 Code) 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 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 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 22nd day of November, 1994. M4-(-4 AYO t L ATTEST: 7)/9...1,2„,,.„/ CITY CLERK 2926 Nnvemharzn 100A q7 lk ORDINANCE NO. 94-3651 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS FOR AN APPROXIMATE 166 ACRES OF CITY-OWNED PROPERTY KNOWN AS THE IOWA CITY SOUTH WASTEWATER TREATMENT PLANT SITE FROM COUNTY MI AND Al TO P, PUBLIC. WHEREAS, the City of Iowa City has re- quested rezoning approximately 166 acres of land known as the South Wastewater Treat- ment Plant Site from County MI, Light Industri- al, and Al, Rural, to P, Public. WHEREAS, the new zoning classification is consistent with the zoning classifications of other City owned facilities; and WHEREAS, the new zoning classification is consistent with the highest and best use of the subject properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. The prop- erty described in Exhibit A, Exhibit B and Exhib- it C is hereby reclassified from its present classification of County M1 and Al to P. 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 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 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 22nd day of November, 1994. GL°LO`''- (o-Y�, A /J ATTEST: 2t iac) 71 . �CITTYY CLERK Approved by r) 9-'1-9y City •ttorney e ppdaNninlswwater.ord 1 Ordinance No. e4-3651 Page 21 It was moved by Novick and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X _ Horowitz x Kubby X Lehman x Novick Pigott Throgmorton First Consideration 9/27/94 Voteforpassage: AYES: Kubby, Lehman, Novick, Throgmorton, Baker. NAYS: None. ABSENT: Horowitz, Pigott. Second Consideration in /11/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 11/30/94 EXHIBIT A Treatment Plant Site The Northeast Quarter of Section 35. Township 79 North, Range 6 West, of the 5th Principal Meridian, Johnson County, Iowa. which is more particularly described as follows: Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88°00'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615.31 feet, to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence N01°58'07"W, 2651.36 feet, to an iron pin set; Thence N87°51'35"E, 2631.59 feet, to a Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of Section 35; Thence S01°37'05"E, 2658.22 feet, to the Point of Beginning. Said tract of land contains 159.89 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT B Nursery Lane The northerly portion of the existing county road known as Nursery Lane, acquired in Fee Simple in the name of The City of Iowa City, for the purpose of construction of sewer improvements over and across said land and more particularly described as follows: Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence N88°00'28"E, a recorded bearing along the North Line of the Southeast Quarter of said Section 35, 100.09 feet, to a point 100.00 feet normally distant east of the West Line of said Southeast Quarter; Thence S00°56'39"E, 16.50 feet; Thence S88°00'28'9W, along a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest Quarter of said Section 35, 1753.26 feet, to its intersection with the centerline of Sand Road; Thence northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve, concave southwesterly, whose 55.48 foot chord bears N28°50'35"W, to its intersection with the westerly projection of the North Right-of-Way line of said Nursery Lane; Thence N88°00'28"E, along said Northerly Right-of-Way Line, 1678.55 feet, to its intersection with the East Line of the Northwest Quarter of said Section 35; Thence S01°58'07"E, along said East Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 1.93 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT C South Access Road Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88°00'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75 feet, to the Point of Beginning; Thence S02°04'36"E, 527.86 feet; Thence N53°35'12"E, 36.33 feet; Thence S02°04'36"E, 50.00 feet; Thence S53°35'12"W, 36.33 feet; Thence S02°04'36"E, 41.18 feet; Thence S09°39'32"E, 2057.00 feet, to a point on the South Line of the Southeast Quarter of said Section 35; Thence S87°57'26"W, along said South Line, 66.59 feet; Thence N09°39'32"W., 2052.54 feet; Thence NO2°04'36"W, 0.47 feet; Thence S38°53'53"W, 45.75 feet;Thence S02°04'36"W, 50.00 feet;Thence N38°53'53"E, 45.75 feet; Thence NO2°04'36'W, 573.051 feet, to a point on the North Line of said Southeast Quarter; Thence N88°00'28"E, along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12 acres, more or less, and is subject to easements and restrictions of Record. ppdad m inlexh ibits.cd D C min 4 �® �wa1 GBg. ' 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. 94-3651 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of November , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 30th day of November 19 94 Dated at Iowa City, Iowa, this 6th day of January , 19 95 ltheljA Susan Walsh Deputy City Clerk )Wrhh.at CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 156-5000 IOWA CITY IOWA 57740-18164WFAX(319) 156-5009 51/4$0‘ q R ORP v -36 51 Printer's fee $ OFFICIAL PUBLICATION OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: ORDINANCE NO. 94-1651 erty described in Exhibit A,Exhibit B and Exhib- THE IOWA CITY PRESS-CITIZEN AN ORDINANCE AMENDING THE ZONING it C is hereby reclassified from its present ORDINANCE BY CHANGING THE USE REGULA- classification of County M1 and Al to P. FED. ID# 42-0330670 TIONS FOR AN APPROXIMATE 166 ACRES OF SECTION II. REPEALER. All ordinances and CITY-OWNED PROPERTY KNOWN AS THE parts of ordinances in conflict with the provi- I IOWA CITY SOUTH WASTEWATER sions of this Ordinance are hereby repealed. TREATMENT PLANT SITE FROM COUNTY MI SECTION III. SEVERABILITY. If any section, Margaret Rios, being duly sworn, AND Al TO P.PUBLIC. provision or part of the Ordinance shall be say that I am the legal clerk of WHEREAS, the City of Iowa City has re- adjudged to be invalid or unconstitutional,such quested rezoning approximately 166 acres of adjudication shall not affect the validity of the the IOWA CITY PRESS-CITIZEN, land known as the South Wastewater Treat- Ordinance as a whole or any section,provision ment Plant Site from County MI,Light Industri- or part thereof not adjudged invalid or unconsti- a newspaper published in said al,and Al,Rural,to P, Public. tutional. WHEREAS, the new zoning classification is SECTION IV. EFFECTIVE DATE. This Ordi- county, and that a notice, a consistent with the zoning classifications of nance shall be in effect after its final passage, printed copy of which is hereto other City owned facilities; and approval and publication, as provided by law. WHEREAS, the new zoning classification is Passed and approved this 22nd day of attached, was published in said consistent with the highest and best use of the November, 1994. subject properties. paper / time(s), on the NOW, THEREFORE, BE IT ORDAINED BY Q� 747: r�r following date(s): THE CITY COUNCIL OF THE CITY OF IOWA AYOR i_- . CITY,IOWA: ATTEST: ,4_47C�r t/ / -ey)-7. 3 Oi / SECTION 1.ZONING AMENDMENT. The prop CITY CLERK i EXHIBIT A Treatment Plant Site The Northeast Quarter of Section 35.Township 79 North. Range 6 West. of the 5th Pnncipal Mendian. Johnson County. Iowa. which is more particularly described as follows Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 35,Township 79 North.Range 6 West of the 5th Principal Mendian;Thence Legal Clerk S88°00'28"W,a recorded bearing along the South Line of said Northeast Quarter,2615.31 feet. to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35, Thence N01°58'07'W, 2651.36 feet. to an iron pin set, Thence N87°51'35"E, 2631.59 feet. to a Subscribed and sworn to before me Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of Section 35; Thence S01°37'05"E. 2658 22 feet. to the Point of Beginning. Said tract of land this I9-> • day of • , A.D. ponfains 159 89 acres, more or less, and is subject to easements and restrictions of record. EXHIBIT B 19 c�y ! Nursery Lane The northerly portion of the existing county road known as Nursery Lane, acquired in Fee Simple in the name of The City of Iowa City, for the purpose of construction of sewer ��� improvements over and across said land and more particularly described as follows: Jl Not3ry Public Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Pnncipal SHARON STUBBS Mendian; Thence N88°00'28"E, a recorded bearing along the North Line of the Southeast My COM 2 5A7 EXPIRES Quarter of said Section 35,100.09 feet,to a point 100.00 feet normally distant east of the West Line of said Southeast Quarter Thence 500°56'39"E. 16.50 feet;Thence S88°00'28'W, along a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest Quarter of said Section 35, 1753.26 feet. tots intersection with the centerline of Sand Road, Thence northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve. concave southwesterly,whose 55.48 foot chord bears N28°50'35'W, to its intersection with the westerly projection of the North Right-of-Way line of said Nursery Lane,Thence N88°00'28"E, along said Northerly Right-of-Way Line, 1678 55 feet,to its intersection with the East Line of the Northwest Quarter of said Section 35, Thence S01°58'07"E. along said East Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 1.93 acres, more or less, and is subject to easements and restrictions of record EXHIBIT C South Access Road Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence S88°00'28'W(An Assumed Bearing), along the North Line of said Southeast Quarter, 1.214.75 feet.to the Point of Beginning;Thence S02°04'36"E, 527.86 feet;Thence N53°35'12"E. 36.33 feet;Thence S02°04'36"E,50.00 feet;Thence S53°35'12'W, 36.33 feet:Thence S02°04'36"E, 41 18 feet; Thence S09°39'32"E, 2057.00 feet, to a point on the South Line of the Southeast Quarter of said Section 35;Thence S87°57'26'W, along said South Line,66.59 feet; Thence N09°39'32'W., 2052.54 feet; Thence NO2°04'36'W, 0.47 feet; Thence 538°53'53'W, 45.75 feet;Thence S02°04'36'W,50.00 feet;Thence N38°53'53"E.45.75 feet;Thence NO2°04'36'W, 573.051 feet, to a point on the North Line of said Southeast Quarter; Thence N88°00'28"E, along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12 acres, more or less and is subject to easements and restrictions of Record. 2925 November 30,'99,t 1/9 L cc) 1Ait • ORDINANCE NO. 94-3652 ORDINANCE AMENDING TITLE 14-6, CHAPTER 6,ENTITLED "ZONING,"CITY CODE BY REVIS- ING ARTICLE B, ENTITLED "ZONING DEFINI- TIONS," AND ARTICLE E, ENTITLED "COM- MERCIAL BUSINESS ZONES," TO ADD THE DEFINITION OF RESTAURANT CARRY-OUT AND PERMIT SAID USE IN THE CB-10 ZONE. WHEREAS, Restaurant Carry-out uses may be distinguished from Restaurant Drive- in/Carry-out uses by their lack of emphasis on auto traffic; and WHEREAS, downtown Iowa City contains a number of uses that cater to the pedestrian activity downtown; and WHEREAS, Restaurant Carry-out uses would add to the economic vitality of downtown with no adverse effect. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article B, entitled "Zoning Defini- tions" of the City Code be hereby amended by: a. Adding "Restaurant Carry-out" in Section 14-6B-2, "Definitions," to read as follows: RESTAURANT CARRY-OUT: A busi- ness where the principal operation is the dispensing of edible foodstuff and/or beverage for consumption at indoor or outdoor tables, at stand-up counters, or to be carried off the pre- mises. The total seating area, if pro- vided, is less than fifty percent (50%) of the floor area. SECTION II. AMENDMENT. Chapter 6, enti- tled "Zoning," Article E, entitled "Commercial and Business Zones" of the City Code be hereby amended by: a. Adding to Section 14-6E-8, "Central Busi- ness Zone (CB-10)," B. Permitted Uses, the following: Restaurant Carry-out. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 �9 Ordinance No. 94-3652 Page 2 or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of December, 1994. >1/ . 011/.4-....- M •YOR /If,•...M •YOR ,J ATTEST: ac cea� ) �• `y�a.4.2 CITY CLERK •pro d b / r rtiS �t Attorney;: sTce /77./.. 75/ •••dir\carryout.ord Y-9 Ordinance No. 94-3652 Page 3 It was moved by Pigott and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration 11/22/94 Voteforpassage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 12/14/94 Moved by Pigott, seconded by Bakcer, 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: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. • • T / '+t 4"ffil ;;n 7!'IVl f tyt�t.I��'.••,. • ` moi 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. 94-3652 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of December 19 94 Dated at Iowa City, Iowa, this 6th day of January , 19 95 , Lam K 6601,6 Susan Walsh Deputy City Clerk lwS.h.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52340-1826 � FAX(319) 376-5009 Ji51/4P Syl g OKu. 17- OFFICIAL PUBLICATION ORDINANCE NO. 94-3652 ORDINANCE AMENDING TITLE 14-6,CHAPTER 6.ENTITLED"ZONING,"CITY CODE BY REVIS- ING ARTICLE B. ENTITLED "ZONING DEFINI- TIONS,' AND ARTICLE E. ENTITLED "COM- Printer's fee $ /7 1-2(? MERCIAL BUSINESS ZONES," TO ADD THE DEFINITION OF RESTAURANT CARRY-OUT AND PERMIT SAID USE IN THE CB-10 ZONE. CERTIFICATE OF PUBLICATION WHEREAS, Restaurant Carry-out uses may be distinguished from Restaurant Drive- STATE OF IOWA, Johnson County, ss: in/Carry-out uses by their lack of emphasis on THE IOWA CITY PRESS-CITIZEN auto traffic; and WHEREAS downtown Iowa City contains a FED. ID# 42-0330670 number of uses that cater to the pedestrian activity downtown;and I WHEREAS,Restaurant Carry-out uses would add to the economic vitality of downtown with Margaret Rios, being duly sworn, no adverse effect. NOWrTTHEREFORE,BE IT ORDAINED BY THE say that I am the legal clerk of CITY COUNCIL OF THE CITY OF IOWA CITY, the IOWA CITY PRESS-CITIZEN IOWA; SECTION I. AMENDMENT. Chapter 6,entitled a newspaper published in said "Zoning," Article B, entitled "Zoning Defini- tions"of the City Code be hereby amended by: county, and that a notice, a a. Adding 'Restaurant Carry-out- in Section printed copyof which is hereto 14-613-2, "Definitions,"to read as follows: RESTAURANT CARRY-OUT: A busi- attached, was published in said ness where the principal operation is the dispensing of edible foodstuff paper / time(s), on the and/or beverage for consumption at following date(s): indoor or outdoor tables, at stand-up counters, or to be carried off the pre- mises. The total seating area, if pro- / ? / / e? vided,is less than fifty percent 150%I of the floor area. SECTION II. AMENDMENT. Chapter 6. enti- tled 'Zoning," Article E, entitled "Commercial a and Business Zones' of the City Code be �� � f hereby amended by; / a. Adding to Section 14-6E-8, "Central Busi- ness usrness Zone iCB-101," B.Permitted Uses.the Legal Clerk following: Restaurant Carry-out. SECTION III. REPEALER. All ordinances and Subscribed and sworn to before me parts of ordinances in conflict with the provi- sionsA TT�� of this Ordinance are hereby repealed. this day of --t--)-Q----- • A.L. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be 19 q ! 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 unconsti- / tutionai. / /L� SECTION V. EFFECTIVE DATE. This Ordi- ublic nance shall be in effect after its final passage, 'M -- approval and publication,as provided by law. '11" r; SHARON STUBBS Passed and approved this 6th day of COMMISSION EXPIRES December, 1994. 2-15-97 ,i . r•,'...._. -AYOR ATTEST: 7t...„.„;„,) e A.� CITY C 2977 December 14:1994 I/ 1 Drd (3 it ORDINANCE NO. 94-3653 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 5.52 ACRES OF LAND LOCATED EAST OF WATERFRONT DRIVE AND THE CRANDIC RAILROAD RIGHT-OF- WAY, IOWA CITY, IOWA, FROM CI-1, INTENSIVE COMMERCIAL, TO CC-2, COMMUNITY COMMERCIAL. WHEREAS, John and Frieda Rummelhart and Boyd and Rummelhart, Inc., the Owners, and Hy-Vee Food Stores, Inc., the Contract Purchaser (hereinafter "applicant") have requested that the City rezone 5.52 Acres of Land located east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa, from CI-1, Intensive Commercial, to CC-2, Community Commercial; and WHEREAS, the subject property is located adjacent to an existing area of community commercial development; and WHEREAS, the City deems it appropriate to expand the existing commercial area if concerns regarding traffic improvements and adequate infrastructure to accommodate community commercial development are addressed and provisions for the same are made; and WHEREAS, the Planning and Zoning Commission recommended approval of the requested rezoning subject to conditions for the provision of adequate infrastructure and traffic improvements; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the owners and applicant have agreed to the terms and conditions contained in the Conditional Zoning Agreement, attached hereto and incorporated by this reference; and WHEREAS, the owners and applicant 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, GO Ordinance No. 94-3653 Page 2 Code of Iowa (1993), the property legally described below is hereby reclassified from its present classification of CI-1, Intensive Commercial, to CC-2, Community Commercial: South Portion of Frieda & John Rummelhart Tract: Commencing at a point which is N87°29'40"E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West of the 5th P.M.; Thence N87°38'40"E, 715.05 feet along the South Line of said Southeast quarter; Thence N00°17'00"W, 363.30 feet; Thence S89°43'00"W, 166.00 feet; Thence N00°17'00"W, 99.94 feet; Thence S89°41'00"W, 230.37 feet to the Point of Beginning; Thence S00°17'00"E, 84.90 feet; Thence S89°41'00"W, 541.80 feet to a point 14.00 feet normally distant from the Centerline of an existing railroad track; thence NO3°51'00"W, 85.00 feet to a point 14.00 feet normally distant from said Centerline of railroad tracks; Thence N89°41'00"E, 547.09 feet to the Point of Beginning, subject to easements and restrictions of record. Former Lewis Tract: Commencing at the Southwest Corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N87°29'40"E along the South Line of the Southwest Quarter of the Southeast Quarter of said Section 15, 237.4 feet to the POINT OF BEGINNING; Thence N08°55'45"W, 60.00 feet; Thence S87°29'40"W, 10.00 feet; Thence N08°55'45"W, 112.00 feet; Thence S87°29'40"W, 90.00 feet to a point on the Easterly Right-of-Way Line of Waterfront Drive; Thence N45°38'50"W along the Easterly line of Waterfront Drive, 123.87 feet to a point on the East Right-of-Way line of the C.R.I. & P.R.R.; Thence N04°00'10"W along said East Right-of-Way line 152.44 feet; Thence N89°41'00"E, 542.14 feet to a point on the West Line of Boyrum Subdivision Part 2, recorded in Plat book 24 at Page 12 in the office of the Johnson County Recorder; Thence S00°17'00"E along said West Line, 393.62 feet to the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2; Thence S87°29'40"W along the North Line of Block 5, Braverman Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office of the Johnson County Recorder, 318.68 feet to the Point of Beginning. 50 Ordinance No. 94-3653 Page 3 and Commencing at a point on the east line of the public highway known as the Wapello Road, said point being 137.4 feet east and 112 feet northerly measured along the east line of said road from the Southwest corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence east parallel with the South line of Section 15, 90 feet, thence in a northerly direction parallel with the East line of said Wapello Road, 60 feet, thence West parallel with the South line of said Section 15, 90 feet to the East line of said Wapello Road, thence in a Southerly direction along the East line of said road 60 feet to the place of beginning. Former Baculis Tracts: Commencing at a point on the east line of the public highway known as the Wapello Road, said point, being 137.4 feet east and 60 feet northerly measured along the east line of said road, from the southwest corner of the southeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., running thence northerly along the east line of said Wapello Road, 52 feet, thence east parallel with the south line of said Section 15, 90 feet, thence southerly parallel with the east line of said Wapello Road, 52 feet, thence westerly to the point of beginning. and Commencing at a point on the south line of section fifteen (15) in township seventy- nine (79) north, range six (6)west of the 5th P.M., said point being on the east side of the public highway known as the Wapello Road and being 137.4 feet east of the southwest corner of the southeast quarter of said section 15, (said corner being marked by a stone), thence east along the south line of said section 100 feet, thence in a northwesterly direction parallel with the east line of said Wapello Road, 60 feet, thence west 100 feet to the east line of said Wapello Road, thence in a southeasterly direction along the east line of said Wapello Road 60 feet, more or less, to the point of beginning. 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. so Ordinance No. 94-355.3 Page 4 SECTION III. CONDITIONAL ZONING AGREEMENT, CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Conditional Zoning Agreement between the City of Iowa City, the Owner and the Applicant. 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 applicant 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 thiss 13th day of D ember, 1994. 47 ir AYOR '/ �// /J ATTEST: 744:2-x-) ?� 9f"• /1�.�/ CITY CL RK • :./ d a /.A/ City A omey's .e' —)6-2Y •.•..minlhyvee.ord 50 Ordinance No. qts-lsi Page �— It was moved by Novi rk and seconded by Raker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker X Horowitz x Kubby x Lehman Novick Pigott x Throgmorton First Consideration 11/22/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 12/6194 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Date published 12/21/94 Sa CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corpora- tion (hereinafter "City"), John and Frieda Rummelhart and Boyd and Rummelhart, Inc. (hereinafter "Owners") and Hy-Vee Food Stores, Inc. (hereinafter "Applicant"). WHEREAS, Applicant has contracted to purchase approximately 5.52 acres of land located east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa; and WHEREAS, Applicant, as contract purchaser, and Owners, as legal title holder, have requested the City rezone the 5.52 acres of land located east of Waterfront Drive and the CRANDIC Railroad right-of-way, from CI-1, Intensive Commercial,to CC-2, Community Commercial; and WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate commercial development and ensure adequate traffic circulation and adequate public infrastructure to accommodate community commercial development. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Applicant and Owners agree as follows: 1 . John and Frieda Rummelhart and Boyd and Rummelhart, Inc. are the owners and legal title holders of the property located east of Waterfront Drive and the CRANDIC Railroad right-of-way, legally described as follows: A. South Portion of Frieda & John Rummelhart Tract: Commencing at a point which is N87°29'40"E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West of the 5th P.M.; Thence N87°38'40"E, 715.05 feet along the South Line of said Southeast quarter; Thence N00°17'00"W, 363.30 feet; Thence S89°43'00"W, 166.00 feet; Thence N00°17'00"W, 99.94 feet; Thence S89°41'00"W, 230.37 feet to the Point of Beginning; Thence S00°17'00"E, 84.90 feet; Thence S89°41'00"W, 541 .80 feet to a point 14.00 feet normally distant from the Centerline of an existing railroad track; thence NO3°51'00"W, 85.00 feet to a point 14.00 feet normally distant from said Centerline of railroad tracks; Thence N89°41'00"E, 547.09 feet to the Point of Beginning, subject to easements and restrictions of record. B. Former Lewis Tract: Commencing at the Southwest Corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N87°29'40"E along the South Line of the Southwest Quarter of the Southeast Quarter of said Section 15, 237.4 feet to the POINT OF BEGINNING; Thence N08°55'45"W, 60.00 feet; Thence S87°29'40"W, 10.00 feet; Thence N08°55'45"W, 112.00 feet; Thence S87°29'40"W, 90.00 feet to a point on the Easterly Right-of-Way Line of Waterfront Drive; Thence N45°38'50"W Sa - 2 - along the Easterly line of Waterfront Drive, 123.87 feet to a point on the East Right-of-Way line of the C.R.I. & P.R.R.; Thence N04°00'10"W along said East Right-of-Way line 152.44 feet; Thence N89°41 '00"E, 542.14 feet to a point on the West Line of Boyrum Subdivision Part 2, recorded in Plat book 24 at Page 12 in the office of the Johnson County Recorder; Thence S00°17'00"E along said West Line, 393.62 feet to the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2; Thence S87°29'40"W along the North Line of Block 5, Braverman Center, Parts 1 and 2, recorded in Plat Book 8 at Page 69 in the Office of the Johnson County Recorder, 318.68 feet to the Point of Beginning. and Commencing at a point on the east line of the public highway known as the Wapello Road, said point being 137.4 feet east and 112 feet northerly measured along the east line of said road from the Southwest corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence east parallel with the South line of Section 15, 90 feet, thence in a northerly direction parallel with the East line of said Wapello Road, 60 feet, thence West parallel with the South line of said Section 15, 90 feet to the East line of said Wapello Road, thence in a Southerly direction along the East line of said road 60 feet to the place of beginning. C. Former Baculis Tracts: Commencing at a point on the east line of the public highway known as the Wapello Road, said point, being 137.4 feet east and 60 feet northerly measured along the east line of said road, from the southwest corner of the southeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., running thence northerly along the east line of said Wapello Road, 52 feet, thence east parallel with the south line of said Section 15, 90 feet, thence southerly parallel with the east line of said Wapello Road, 52 feet, thence westerly to the point of beginning. and Commencing at a point on the south line of section fifteen (15) in township seventy-nine (79) north, range six (6) west of the 5th P.M., said point being on the east side of the public highway known as the Wapello Road and being 137.4 feet east of the southwest corner of the southeast quarter of said section 15, (said corner being marked by a stone), thence east along the south line of said section 100 feet, thence in a northwesterly direction parallel with the east line of said Wapello Road, 60 feet, thence west 100 feet to the east line of said Wapello Road, thence in a southeasterly direction along the east line of said Wapello Road 60 feet, more or less, to the point of beginning. 2. Applicant and Owners acknowledge that the City wishes to ensure appropriate com- mercial development and adequate traffic circulation, and therefore, agree to certain conditions over and above City regulations to ensure that the area contains adequate 5a - 3 - • public infrastructure and traffic improvements to accommodate community commercial development. 3. In consideration of the City's rezoning the subject property from CI-1, Intensive Commercial, to CC-2, Community Commercial, the Owners and Applicant agree that development and use of the subject property will conform to the requirements of the CC-2 Zone, as well as the following additional conditions: a. Waterfront Drive will be reconfigured and Stevens Drive will be extended across the railroad to provide access to the property from the west, in accord with plans and specifications approved by the Iowa City Public Works Department, and the applicant will be responsible for the cost of the Stevens Drive railroad crossing improvements in conformance with said plans. This crossing is to be a public right-of-way. The City agrees to make a good faith effort to secure all necessary permits and authorizations for construction and operation of same. b. The applicant will dedicate additional land to the City to allow the reconfigura- tion of Waterfront Drive. In accord with Plans and Specifications approved by the Iowa City Public Works Department, the applicant will be responsible for the costs of reconfiguring and improving the portion of Waterfront Drive located between the CRANDIC Railroad right-of-way and the subject property, inclusive of the newly dedicated portion, as generally depicted on Exhibit A attached hereto and incorporated herein. c. The Director of Planning and Community Development will approve a concept plan for site layout and landscaping; including driveway locations, landscape, islands, and plantings for the separation of the loading dock/service area from any public or employee parking areas. d. The applicant will be responsible for the relocation of the sanitary sewer line (if a building is sited over or within 10 feet of same) which currently crosses this property, in accord with plans and specifications approved by the Iowa City Public Works Department. e. The applicant will contribute to the cost of improving Waterfront Drive to the south of the site, in accord with plans and specifications prepared by the Iowa City Public Works Department at either 50% of the total cost, or $60,000, whichever is less. It is understood that storm water from the rezoned parcel can be discharged into these improvements. 4. Applicant and Owners acknowledge that the conditions contained herein are reason- able 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. Applicant and Owners acknowledge that in the event the subject property is trans- ferred, 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 - 4 - 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 Applicant and 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. 44 Dated this 13 ` day of J.rerrLp. , , 1994. CITY OF IOWA CITY, IOWA — /� By: 4.4_,La....41crw z,- f r fo7�cSuM. Horowitz, Mayor By: 72/aa pi . a,i4 Maria K. Karr, City Clerk `� g, „te,e„,,- ,,,„,, John and Frieda Rummelhart By: . ' d and Rummelhart, Inc. / hn Rummelhart, Jr., Presiderdt CANT By: //' i% / Hy-Vee Food Stores, Inc. 14e • ..ro• -d by: • A .b / ice-��ffice �/�_16 �W So - 5 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this \i day of \NAo'J. , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 01 n 2 ,„ ,.X rk 13, , to me personally known, who being by me duly sworn did say that he\she is the Peec;,q_.¢t 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 T�4.. Mw�\\n>h�(''as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him\her voluntarily executed. vF nn oTHV s.GRADY . MY COM SSI N EX�IRES 773/95 Notary Public in and f r the State of low STATE OF Oti.1R ) ss: LUCAS COUNTY ) On this oRI51 day of Mbocre r , 1994, before me, the /u\ndersigned, a Notary Public in and for the State of Iowa, personally appearedl nri,s 4-11,SCnhu.5 , to me personally known, who being by me duly sworn did say that he\s1te-is the\Lce 9res:,1e.:E of the corporation executing the within and foregoing instrumennte{ that said instrument was ignedrl$n a allf of the corporation by authority of its Board of Directors; and that�nri.s 4\t.Sen1'Is as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him\hor volun arily executed. s3"'yt MATINA D. ANDERSON alik y MY COMM1ON.IXPIRES S I _ %* 4 .,' 11°17 I B 7b ota' P slit in and-for t a S of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) tL / On this (3 day of �i ecCn-,Aer , 1994, before me, SorvAra e. , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Cou til, as contained in Ordinance No. 7jt 3453 passed by the City Council on the /3/c- day of Der, t , 1994, and that Susan M. Horowitz 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,n. Tie Notary Public in and for the State of Iowa ppdadminlrumelhrt.cza Sa STATE OF IOWA ss: COUNTY OF JOHNSON ) A ' l On this /7 day of /vo�wt9.�^; 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John R. Rumme hart, Sr. and Frieda Rurmneihhart, husband and wife, to me known to be the identical persons named in arra who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 7;4 JAS Notary Public in and for Said State TIMOTHYGRADY S. -7 3 q 9C. I citi I I I ;;` I . .n �\ 7(�, - , 1; ;� :T: I \ ' -- 7 -• ---,tct-,-;;;;\sf:.}:,z =57; :St.': '4'5. 1 -::,1:-.:, --: �' �l� - I -1----- CI dry I L' s A' e' d - Er... I STEVENS .R 1tt%.44,---s_ i - - 40011 , ! , A it IS il....nll 1 � I �1 ' , TO BEI RECONSTRUCTED BY AP/P} ICA NT j I i 9 - - OI i , • Exhibit A , QIá'�7-!G•aa� 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. 94-3653 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December 19 94 Dated at Iowa City, Iowa, this 6th day of January , 19 95 . (141 ahted?, usan Walsh Deputy City Clerk 1wd•h.at CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240.1626 FAX(319) 736-5009 i«!� .50 OK U• 14—era b 1 0-1 7 WHEREAS, the subject property is located and adjacent to an existing area of community Commencing at a point on the east line commercial development; and of the public highway known as the Wapello WHEREAS,the City deems it appropriate to Road. said point being 137.4 feet east and expand the existing commercial area if concerns 112 feet northerly measured along the east regarding traffic improvements and adequate line of said road from the Southwest corner infrastructure to accommodate community of the Southeast Quarter of Section 15, commercial development are addressed and Township 79 North, Range 6 West of the provisions for the same are made, and 5th P.M..thence east parallel with the South WHEREAS, the Planning and Zoning line of Section 15. 90 feet. thence in a Commission recommended approval of the northerly direction parallel with the East line Drequested rezoning subject to conditions for the of said Wapello Road,60 feet,thence West Printer's fee $ /d)0(7-7- 7/ _ provision of adequate infrastructure and traffic parallel with the South line of said Section improvements; and 15,90 feet to the East line of said Wapello WHEREAS. Iowa law provides that the City Road, thence in a Southerly direction along CERTIFICATE OF PUBLICATION of Iowa City may impose reasonable conditions the East line of said road 60 feet to the on granting applicant's rezoning request, over place of beginning. STATE OF IOWA, Johnson County, ss: and above existing regulations. to satisfy public Former Baculis Tracts: Commencing at THE IOWA CITY PRESS-CITIZEN needs directly caused by the requested change, a point on the east line of the public and highway known as the Wapello Road, said FED. ID # 42-0330670 WHEREAS,the owners and applicant have point. being 137 4 feet east and 60 feet agreed to the terms and conditions contained in northerly measured along the east line of the Conditional Zoning Agreement, attached said road,from the southwest corner of the I hereto and incorporated by this reference; and southeast quarter of Section 15, Township Margaret Rios, being duly sworn, WHEREAS, the owners and applicant 79 North, Range 6 West of the 5th P M acknowledge that the terms and conditions running thence northerly along the east line say that I am the legal clerk of contained in the Conditional Zoning Agreement of said Wapello Road. 52 feet,thence east are reasonable to impose on the land under parallel with the south line of said Section the IOWA CITY PRESS-CITIZEN, Iowa Code §4145(1993) and satisfy public 15, 90 feet, thence southerly parallel with a news paperpublished in said needs directly caused by the requested zoning the east line of said Wapello Road, 52 feet, P P change thence westerly to the point of beginning county, and that a notice, a NOW,THEREFORE, BE IT ORDAINED BY and THE CITY COUNCIL OF THE CITY OF IOWA Commencing at a point on the south line printed copy of which is hereto CITY, IOWA, THAT of section fifteen (15)in township seventy- attached, was published in said SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional nine(79)north,range six(6)west of the 5th P M. said point being on the east side of paper ( time(s), on the Zoning Agreement as authorized by §414.5, the public highway known as the Wapello Code of Iowa (1993), the property legally Road and being 137.4 feet east of the following date(s): descnbed below is hereby reclassified from its southwest corner of the southeast quarter of present classification of CI-1, Intensive said section 15,(said comer being marked 13J&Cd, t-t- a/ /95/ Commercial, to CC-2.Community Commercial: by a stone), thence east along the south line of said section 100 feet, thence in a South Portion of Frieda S John northwesterly direction parallel with the east Rummelhart Tract Commencing at a point line of said Wapello Road, 60 feet, thence which is N87°29'40"E, 237.4 feet from the west 100 feet to the east line of said Southwest Corner of the Southeast Quarter. Wapello Road. thence in a southeasterly /� Section 15, Township 79 North, Range 6 direction along the east line of said Wapello . a-t.A.��/ `1 rG,,-,1 West of the 5th P.M.;Thence N87°38'40"E, Road 60 feet, more or less,to the point of 715 05 feet along the South Line of said beginning. Legal Clerk Southeast quarter; Thence N0O°17'00'W, SECTION Il. ZONING MAP. The Building 363 30 feet. Thence S89°43'00'W, 166.00 Inspector is hereby authorized and directed to feet; Thence N00°17'00'W. 99.94 feet; change the zoning map of the City of Iowa City, Subscribed and sworn to before me Thence S89°41'00"W, 230.37 feet to the Iowa, to conform to this amendment upon the fIPoint of Beginning; Thence S00°17'00"E. final passage, approval and publication of this this Rt31f, day of --f A.D. 84 90 feet: Thence S89°41'00', 541 80 Ordinance as provided by law feet to a point 14.00 feet normally distant from the Centerline of an existing railroad SECTION III. CONDITIONAL ZONING 19 track; thence NO3°51'00"W, 85.00 feet to a AGREEMENT, CERTIFICATION AND point 14.00 feet normally distant from said RECORDING. The Mayor is hereby authorized Centerline of railroad tracks: Thence and directed to sign.and the City Clerk to attest. N89°41'00"E, 547.09 feet to the Point of the attached Conditional Zoning Agreement �� / A IIA .� �I Beginning, subject to easements and between the City of Iowa City, the Owner and - restrictions of record. the Applicant. The City Clerk is further I► 1 .r 'ublic Former Lewis Tract Commencing at authorized and directed to certify a copy of this �° ' of the SoutheastZoning u div COMMISSION SHARON STUBBS the Southwest Corner Ordinance and the Conditional EXPIRES Quarter of Section 15, Township 79 North, Agreementby the 2.15.97 which shall be recorded Range 6 West of the Fifth Principal applicant at the Office of the County Recorder of 4 Meridian; Thence N87°29'40"E along the Johnson County. Iowa, upon final passage and South Line of the Southwest Quarter of the publication as provided by law. Southeast Quarter of said Section 15,237.4 SECTION IV. REPEALER. All ordinances and feet to the POINT OF BEGINNING, Thence parts of ordinances in conflict with the provision N08°55'45"W, 60.00 feet; Thence of this Ordinance are hereby repealed. S87°29'40"W, 10.00 feet; Thence SECTION V. SEVERABILITY. If any section. N08°55'45"W. 112.00 feet, Thence provision or part of this Ordinance shall be S87°29'40'W, 90.00 feet to a point on the adjudged to be invalid or unconstitutional, such OFFICIAL PUBLICATION Easterly Right-of-Way Line of Waterfront adjudication shall not affect the validity of the Drive. Thence N45°38'50'W along the Ordinance as a whole or any section. provision ORDINANCE NO 94-3653 Easterly line of Waterfront Drive. 123.87 or part thereof not adjudged invalid or feet to a point on the East Right-of-Way line unconstitutional. AN ORDINANCE AMENDING THE ZONING of the C R I & P.R R., Thence SECTION VI. EFFECTIVE DATE. This ORDINANCE BY CONDITIONALLYN04°00'10'W along said East Right-of-Way Ordinance shall be in effect after its final CHANGING THE LAND USE REGULATIONS line 152.44 feet; Thence NB9°41'00"E, passage, approval and publication, as required OF APPROXIMATELY 5.52 ACRES OF LAND 542,14 feet to a point on the West Line of by law LOCATED EAST OF WATERFRONT DRIVE Boyrum Subdivision Part 2,recorded in Plat Passed and approved this 13th day of AND THE CRANDIC RAILROAD RIGHT-OF- book 24 at Page 12 in the office of the recember, 994. WAY, IOWA CITY, IOWA, FROM CI-1, Johnson County Recorder; Thence - "."..Ta«lii—Jr r _ INTENSIVE COMMERCIAL, TO CC-2, S00°17'00"E along said West Line, 393.62 MAYOR COMMUNITY COMMERCIAL. feet to the Southwest Corner of Lot 1 of // / WHEREAS. John and Frieda Rummelhart said Boyrum Subdivision, Part 2; Thence ATTEST' /�7f 11Rµ� and Boyd and Rummelhart, Inc. the Owners. S87°29'40'W along the North Line of Block CITY C RK and Hy-Vee Food Stores, Inc., the Contract 5, Braverman Center, Parts 1 and 2. Purchaser (hereinafter "applicant") have recorded in Plat Book 8 at Page 69 in the requested that the City rezone 5.52 Acres of Office of the Johnson County Recorder, Land located east of Waterfront Drive and the 318 68 feet to the Point of Beginning. CRANDIC Railroad right-of-way, Iowa City Iowa,from CI-1,Intensive Commercial.to CC-2. Community Commercial; and 5o OQ-D. 1q-34053 020( CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City,Iowa,a Municipal Corpora- tion (hereinafter "City"), John and Frieda Rummelhart and Boyd and Rummelhart, Inc. ;hereinafter"Owners")and Hy-Vee Food Stores, Inc.thereinafter"Applicant"). WHEREAS,Applicant has contracted to purchase approximately 5.52 acres of land located east of Waterfront Drive and the CRANDIC Railroad right-of-way, Iowa City, Iowa;and WHEREAS,Applicant,as contract purchaser,and Owners,as legal title holder,have requested the City rezone the 5.52 acres of land located east of Waterfront Drive and the CRANDIC Railroad right-of-way,from CI-1.Intensive Commercial,to CC-2,Community Commercial;and WHEREAS, Iowa Code § 414.5 119931 provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request,over and above existing regulations. to satisfy public needs directly caused by the requested change;and WHEREAS,Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate commercial development and ensure adequate traffic circulation and adequate public infrastructure to accommodate community commercial development. NOW,THEREFORE,in consideration of the mutual promises contained herein,the Applicant and Owners agree as follows: 1. John and Frieda Rummelhart and Boyd and Rummelhart,Inc.are the owners and legal title holders of the property located east of Waterfront Drive and the CRANDIC Railroad right-of-way, legally described as follows: A. South Portion of Frieda&John Rummelhart Tract: Commencing at a point which is N87°29'40"E,237.4 feet from the Southwest Corner of the Southeast Quarter,Section 15,Township 79 North,Range 6 West of the 5th P.M.; Thence N87°38'40"E, 715.05 feet along the South Line of said Southeast quarter; Thence N00°17'00"W, 363.30 feet; Thence S89°43'00"W, 166.00 feet; Thence N00°17'00"W, 99.94 feet; Thence S89°41'00"W, 230.37 feet to the Point of Beginning; Thence 500°17'00"E,84.90 feet;Thence S89°41'00"W,541.80 feet to a point 14.00 feet normally distant from the Centerline of an existing railroad track;thence NO3°51'00"W,85.00 feet to a point 14.00 feet normally distant from said Centerline of railroad tracks; Thence N89°41'00"E, 547.09 feet to the Point of Beginning, subject to easements and restrictions of record. B. Former Lewis Tract: Commencing at the Southwest Corner of the Southeast Quarter of Section 15,Township 79 North,Range 6 West of the Fifth Principal Meridian;Thence N87°29'40"E along the South Line of the Southwest Quarter of the Southeast Quarter of said Section 15, 237.4 feet to the POINT OF BEGINNING;Thence N08°55'45"W,60.00 feet; Thence S87°29'40"W, 10.00 feet; Thence N08°55'45"W, 112.00 feet; Thence S87°29'40"W, 90.00 feet to a point on the Easterly Right-of-Way Line of Waterfront Drive;Thence N45°38'50"W along the Easterly line of Waterfront Drive, 123.87 feet to a point on the East Right-of-Way line of the C.R.I. & P.R.R.; Thence N04°00'10"W along said East Right-of-Way line 152.44 feet;Thence N89°41'00"E, 542.14 feet to a point on the West Line of Boyrum Subdivision Part 2, recorded in Plat book 24 at Page 12 in the office of the Johnson County Recorder;Thence S00°17'00"E along said West Line, 393.62 feet to the Southwest Corner of Lot 1 of said Boyrum Subdivision, Part 2; Thence S87°29'40"W along the North Line of Block 5, Braverman Center,Parts 1 and 2,recorded in Plat Book 8 at Page 69 in the Office of the Johnson County Recorder,318.68 feet to the Point of Beginning. and Commencing at a point on the east line of the public highway known as the Wapello Road, said point being 137.4 feet east and 112 feet northerly measured along the east line of said road from the Southwest corner of the Southeast Quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M.,thence east parallel with the South line of Section 15,90 feet,thence in a northerly direction parallel with the East line of said Wapello Road, 60 feet,thence West parallel with the South line of said Section 15, 90 feet to the East line of said Wapello Road,thence in a Southerly direction along the East line of said road 60 feet to the place of beginning. C. Former Baculis Tracts: Commencing at a point on the east line of the public highway known as the Wapello Road,said point,being 137.4 feet east and 60 feet northerly measured along the east line of said road, from the southwest corner of the southeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., running thence northerly along the east line of said Wapello Road,52 feet,thence east parallel with the south line of said Section 15,90 feet,thence southerly parallel with the east line of said Wapello Road.52 feet,thence westerly to the point of beginning. and ��D 0,20• 94-3(05::: 3ofy Commencing at a point on the south line of section fifteen (15) in township seventy-nine (791 north, range six 16)west of the 5th P.M., said point being on the east side of the public highway known as the Wapello Road and being 137.4 feet east of the southwest corner of the southeast quarter of said section 15, (said corner being marked by a stone),thence east along the south line of said section 100 feet,thence • in a northwesterly direction parallel with the east line of said Wapello Road, 60 feet,thence west 100 feet to the east line of said Wapello Road, thence in a southeasterly direction along the east line of said Wapello Road 60 feet,more or less,to the point of beginning. 2. Applicant and Owners acknowledge that the City wishes to ensure.appropriate com- mercial development and adequate traffic circulation,and therefore,agree to certain conditions over and above City regulations to ensure that the area contains adequate public infrastructure and traffic improvements to accommodate community commercial development. 3. In consideration of the City's rezoning the subject property from CI-1, Intensive Commercial,to CC-2,Community Commercial,the Owners and Applicant agree that development and use of the subject property will conform to the requirements of the CC-2 Zone,as well as the following additional conditions: a. Waterfront Drive will be reconfigured and Stevens Drive will be extended across the railroad to provide access to the property from the west, in accord with plans and specifications approved by the Iowa City Public Works Department, and the applicant will be responsible for the cost of the Stevens Drive railroad crossing improvements in conformance with said plans. This crossing is to be a public right-of-way. The City agrees to make a good faith effort to secure all necessary permits and authorizations for construction and operation of same. b. The applicant will dedicate additional land to the City to allow the reconfigura- tion of Waterfront Drive. In accord with Plans and Specifications approved by the Iowa City Public Works Department, the applicant will be responsible for the costs of reconfiguring and improving the portion of Waterfront Drive located between the CRANDIC Railroad right-of-way and the subject property,inclusive of the newly dedicated portion, as generally depicted on Exhibit A attached hereto and incorporated herein. c. The Director of Planning and Community Development will approve a concept plan for site layout and landscaping; including driveway locations,landscape, islands,and plantings for the separation of the loading dock/service area from any public or employee parking areas. d. The applicant will be responsible for the relocation of the sanitary sewer line(if a building is sited over or within 10 feet of same)which currently crosses this . property, in accord with plans and specifications approved by the Iowa City Public Works Department. e. The applicant will contribute to the cost of improving Waterfront Drive to the south of the site,in accord with plans and specifications prepared by the Iowa City Public Works Department at either 50% of the total cost, or $60,000, whichever is less. It is understood that storm water from the rezoned parcel can be discharged into these improvements. 4. Applicant and Owners acknowledge that the conditions contained herein are reason- able conditions to impose on the land under Iowa Code§414.5 119931,and that said conditions satisfy public needs which are directly caused by the requested zoning change. 5. Applicant and Owners acknowledge that in the event the subject property is trans- ferred,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 Applicant and 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. -n 6a. 61L1 - 3653 'I of q Dated this 10- day of 0rren'iflr, 1994. CITY OF IOWA CITY,IOWA By: l . '"h Ia.,,,,. , Susan M. Horowitz, Mayor BY: 71(an..,J ' z, 7SRors,t� Marian K. Karr, City Clerk 111 O;N raw .�//IC-CeLE1/154'-' /J y John and Frieda Rummelhartp By: Ru liay _. d andd Rummelhart, Inc. ,.....,97 hn Rummelhart,Jr., Preside:Ai CANT By: Hy-Vee Food Stores,Inc. ¶ 4 \ • t • 1 . of L . 1 t rill cr..,.,,..._,.. ; i i; —i; II ._ _, M1 1 , Ng: :::.•,:IT: • � r i:• yy,, I I Ii y1 i moi yy,, I I STEVENS P"y111‘1\1"4.4?-1'r � --= 7— — —-1 • �•� Il ri— f i �� I I POTION of wAr�eReollr cNw� ' i f -1 rO 1E IlUCONSTI1QCTEo ey A►r}(CANT I i el m f �- I T 9 O li 1 !-111• J c Exhibit A 10440 December21,1994 brd ae, ORDINANCE NO. 94-3654 AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6, ENTITLED "ZONING," OF THE CITY CODE BY REVISING ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," SEC- TION 2, ENTITLED "NEIGHBORHOOD COM- MERCIAL ZONE (CN-1)," TO ALLOW RESTAU- RANTS AS PROVISIONAL USES OR BY SPE- CIAL EXCEPTION WITH SPECIFIC RESTRIC- TIONS;AND CAR WASHES BY SPECIAL EX- CEPTION WITH SPECIFIC RESTRICTIONS IN THE CN-1 ZONE. WHEREAS, the intent of the CN-1 zone is that stores, businesses and offices in this zone should be useful to the majority of the neigh- borhood residents, should be economically supportable by nearby population, and should not draw community wide patronage; and WHEREAS, restaurants 2,500 square feet or less are most appropriately in scale with and meet the intent of a neighborhood commercial zone, and should therefore be allowed on a pro- visional basis in the CN-1 zone; and WHEREAS, restaurants larger than 2,500 square feet are better suited to more intensive use commercial zones and as such may gener- ate impacts requiring additional review and the imposition of ameliorating conditions through the Board of Adjustment special exception review process; and WHEREAS, to ensure that a variety of retail and personal service businesses locate in the CN-1 zone, limitations should be placed on the percentage of total ground floor area permitted for restaurant uses in a CN-1 zone; and WHEREAS, a car wash provides a desirable service for a residential neighborhood, but should be limited in scope and permitted only by special exception to deter construction of excessive amounts of parking and stacking spaces or other large paved areas that diminish the pedestrian orientation of the zone and dis- place other allowed uses in the zone. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 14, Chapter 6,Article E, Section 2, enti- tied "Neighborhood Commercial Zone ICN-1)," of the City Code be hereby amended by: a) Adding Section 14-6E-2C5, "Restau- rants," to read as follows: Section 14-6E-2C5. Restaurants, provided the floor area does not exceed 2,500 square feet for any one restau- rant, and the total floor area allocated to restaurant uses will not exceed 20 Si Ordinance No. 94-3654 Page 3 It was moved by Baker and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz X Kubby x Lehman Novick x Pigott x Throgmorton First Consideration 11/22/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None. Second Consideration 12/6/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Date published 12/91/94 S( (CA y6f/� r } • ..•�1nwaC��vFF • . -for ;mak 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. 94-3654 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December 19 94 Dated at Iowa City, Iowa, this 6th day of January , 19 95 . Loam GOa.o Susan Walsh Deputy City Clerk • \Wd•h.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 �1 5/ ORO. q k345t( OFFICIAL PUBLICATION SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. ORDINANCE NO. 94-3654 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- AN ORDINANCE AMENDING TITLE 14,CHAP- judged to be invalid or unconstitutional, such TER 6, ENTITLED "ZONING," OF THE CITY adjudication shall not affect the validity of the �r/t t CODE BY REVISING ARTICLE E. ENTITLED or Printer's fee $ '^6 v "COMMERCIAL AND BUSINESS ZONES,"SEC- part thereofhee aa whole or any section,dr provision u- TION 2, ENTITLED "NEIGHBORHOOD COM- part not adjudged invalid or unconstitu- tional. • MERCIAL ZONE ICN-1)."TO ALLOW RESTAU- SECTION IV. EFFECTIVE DATE. This Ordi- CERTIFICATE OF PUBLICATION RANTS AS PROVISIONAL USES OR BY SPE- nance shall be in effect after its final passage, STATE OF Johnson County, SS: CIAL EXCEPTION WITH SPECIFIC RESTRIC• approval and publication,as provided by law. IOWA, TIONS, AND CAR WASHES BY SPECIAL EX- Passed and approved this 13th day of THE IOWA CITY PRESS-CITIZEN CEPTION WITH SPECIFIC RESTRICTIONS IN December, 1994. THE CN-1 ZONE. FED. ID # 42-0330670 WHEREAS, the intent of the CN-1 zone is ad > that stores,businesses and offices in this zone AYOR �/ borho be usefulideto, the majorityde of the neigh- borhood /?�'S boyhood residents, should be economically ATTEST: Margaret Rios, being duly sworn, supportable by nearby population, and should CITY CL- K saythat I am the clerk of not HdrERw community nwtse 2,500patronage;and 10441 legalWHEREAS,restaurants square feet or December 21 1994 the IOWA CITY PRESS-CITIZEN, less are most appropriately in scale with and meet the intent of a neighborhood commercial a newspaper published in said zone,and should therefore be allowed on a pro- visional basis in the CN-1 zone;and county, and that a notice, a WHEREAS, restaurants larger than 2,500 printed copy of which is hereto square feet are better suited to more intensive use commercial zones and as such may gener- attached, was published in said ate impacts requiring additional review and the imposition of ameliorating conditions through paper / time(s), on the the Board of Adjustment special exception following date(s): review process;and • WHEREAS,to ensure that a variety of retail 99$, and personal service businesses locate in the 7 �ln/� CN-1 zone,limitations should be placed on the percentage of total ground floor area permitted for restaurant uses in a CN-1 zone;and WHEREAS, a car wash provides a desirable service for a residential neighborhood, but shoulds limitedxin scope and permonly of by special exception to deter construction of excessive amounts of parking and stacking Legal Clerk spaces or other large paved areas that diminish the pedestrian orientation of the zone and dis- place other allowed uses in the zone. Subscribed and sworn to before me NOW,THEREFORE BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, this(-23d day of 1;)-a-c-- , A.D. IOWA,ECTIONTHAT: I. AMENDMENT. yy Title 14,Chapter 6,Article E,Section 2,enti- 19 ! �. tied"Neighborhood Commercial Zone ICN-11.' of the City Code be hereby amended by: al Adding Section 14-6E-2C5, "Restau- rants,"to read as follows: Section 14-6E-2C5. Restaurants, blit provided the floor area does not exceed 2,500 square feet for any one restau- 1Jr SHARON STUBBS rant, and the total floor area allocated MY OOMMISSION EXPIRES to restaurant uses will not exceed 20 oM� 245.97 taurant uses will not exceed 20 percent of the total commercial floor area in a CN-1 zone. b) Repealing Section 14-6E-2D6, 'Restau- rants,'and adding a new Section 14-6E- 2D6,'Restaurants,"to read as follows: Section 14-6E-2D6. Restaurants that exceed 2.500 square feet in floor area, except the total floor area allocated to restaurant uses will not exceed 20 per- cent of the total commercial floor area in a CN-1 zone. c) Repealing Section 14-6E-2D3, 'Filling stations,"and adding a new Section 14- 6E-2D3, 'Filling stations," to read as follows: Section 14-6E-2D3. Filling stations, provided that no part of the filling Station site shall be located within 100 feet of an R zone boundary. One-bay car washes are allowed as an accessory use to a filling station. 5 1 ORDINANCE NO. 94-3655 AN ORDINANCE AMENDING TITLE 14, "UNI- FIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9,ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO INCLUDE COMMERCIAL DEVELOPMENT. WHEREAS, the City has adopted the Near Southside Neighborhood Redevelopment Plan to guide the development in the Near Southside Neighborhood; and WHEREAS, a parking facility impact fee ordinance will assist in the implementation of the plan, and guide the use and development of land so as to assure that new residential Bevel- ' opment and new commercial development in the Near Southside Neighborhood bears a proportionate share of the cost of capital expenditures necessary to provide off-street parking in the Near Southside Neighborhood of Iowa City. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code" of the City Code is hereby amended by repealing Chapter 9, Article A, entitled, "Parking Facility Impact Fee," and adding thereto a new Chapter 9, Article A to read as follows: ARTICLE A. PARKING FACILITY IMPACT FEE 14-9A-1: LEGISLATIVE FINDINGS: The City Council finds, determines and declares the following as legislative facts: A. Residential development and redevelop- ment in the Near Southside Neighbor- hood ("Neighborhood"), together with commercial development and redevelop- ment in said Neighborhood will create an increased demand and need for off-street parking; that such development and redevelopment will have an impact on the City parking facility system; and that without the provision of adequate off- street motor vehicular parking spaces, such development and redevelopment would create undue traffic congestion and generally be contrary to the health, safety and welfare of the citizens of Iowa City. S2 Ordinance No. 94-3655 Page 2 B. Due to the Neighborhood's proximity to the downtown area, it is undesirable to devote significant portions of develop- ment sites to parking in the Near South- side Neighborhood, since it is in the public interest to develop land now avail- able in the Neighborhood for more inten- sive residential and commercial uses. C. New residential and new commercial development in that portion of the Near Southside Neighborhood referred to as the Near Southside Parking Facility Dis- trict will create an increased demand for additional off-street parking, which de- mand should be met by and/or paid for by the development itself according to the proportionality of the development's impact upon existing off-street parking facilities, and the development's creation of increased demand for additional off- street parking facilities. D. The City needs to expand its parking facility system to accommodate new residential and commercial development in order to ensure adequate off-street parking, and the City Council recognizes such expansion is necessary to promote and protect the public health, safety and welfare. E. The increased need and demand for off- street parking created by new commer- cial and new residential development in the Near Southside Parking Facility Dis- trict is reasonably and rationally related to the development's payment of a pro- portionate share of a new City parking facility or facilities, and a "payment in lieu of off-street parking" is a reasonable and rational method to further the City's goals of promoting and facilitating inten- sive economic development near the downtown area, and at the same time minimizing the use of large land masses for private parking lots. F. The imposition of parking impact fees is a reasonably and rationally calculable ' method of ensuring that new develop- ment bears a proportionate share of the St Ordinance No. 94-3655 Page 3 cost of parking facilities necessary to accommodate the resulting increased demands for off-street parking created by the new development, and the Council wishes to avail itself of this method. G. The fee established in Section 14-9A-6 hereof is directly derived from, based on and does not exceed the cost of provid- ing additional off-street City parking facilities as a capital improvement cost necessitated and generated by the new residential and new commercial develop- ment for which the fee is to be charged. H. City involvement in the expansion of the parking facility system as a capital im- provement is appropriate due to the scale and cost of such facilities, and is neces- sary due to the proximity of the Neigh- borhood to the downtown area and the expected high use levels of such a park- ing facility system. The fee established by this Article does not constitute a tax. 14-9A-2: TITLE AND AUTHORITY: A. Title: This Article shall be known and may be cited as the NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE ORDINANCE. B. Authority: The City Council has the authority to adopt this Article under its home rule powers, pursuant to the Con- stitution of the State of Iowa, as amend- - ed, the Code of Iowa, as amended, and the United States Constitution. 14-9A-3: INTENT AND PURPOSE: A. This Article is intended to assist in the implementation of the Iowa City Compre- hensive Plan and the Near Southside Neighborhood Redevelopment Plan. B. The purpose of this Article is to regulate the use and development of land so as to ensure that new residential and new commercial development in the Near Southside Neighborhood bears a propor- tionate share of the capital improvement costs necessary to meet the additional parking needs and demands caused by development in this Neighborhood, and 5L Ordinance No. 94-3655 Page 4 to do so by paying a portion of the costs needed to meet the need for off-street parking in a City parking facility within the Near Southside Parking Facility Dis- trict of Iowa City. 14-9A-4: APPLICATION OF PROVISIONS: This Article shall apply to all real property within the Near Southside Parking Facility District. Where the provisions hereof are in conflict with those of the Iowa City Zoning Ordinance, or in conflict with the Near South- side Neighborhood Redevelopment Plan, the provisions hereof shall prevail. 14-9A-5: DEFINITIONS: As used in this Arti- cle, the following definitions shall apply: CAPITAL IMPROVEMENT COST: In- cludes costs of design, engineering, necessary consultants, construction, financing of a capital improvement including debt service, land acquisition, site improvements, and buildings and equipment necessary for a City off-street parking facility, but excludes maintenance and operation of such facility. COMMERCIAL FEE PAYOR: A person applying for the issuance of an occupancy permit for commercial development in the Near Southside Parking Facility District. NEAR SOUTHSIDE PARKING FACILITY DISTRICT: That area of Iowa City bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway Main Line on the south and Madison Street on the west, except for Blocks 10 and 21 of County Seat Addition; Lots 5 and 6 of Block 13, County Seat Addition; Lots 3, 4, 5, the east 50 feet of Lot 6, and the south 40 feet of Lot 2, Block 11, County Seat Addition; and Lots 10-15, Lyon's First Addition. CITY PARKING FACILITY: A ramp, surface lot or combination thereof designed to accommodate the off-street parking of motor vehicles as a capital improvement. RESIDENTIAL FEE PAYOR: A person applying for the issuance of an occupancy permit for residential development in the Near Southside Parking Facility District. COMMERCIAL USES AND COMMERCIAL DEVELOPMENT: For purposes of this ordi- 52. Ordinance No. 94-3655 Page 5 nance, "commercial uses and commercial development" shall mean any non-residential uses requiring parking as required by Section 14-6N-1 of the City Zoning Ordinance, as amended. 14-9A-6: IMPLEMENTATION OF FEE: A. Any person who, after the effective date hereof, seeks to develop land within the Near Southside Parking Facility District by applying for an occupancy permit for residential or commercial use is deemed to have created a need and demand for additional off-street parking in the Near Southside Parking Facility District, and is thereby required to pay a proportionate share of the capital improvement costs • necessary to meet the additional off- street parking needs and demands creat- ed by such development by contributing a proportional share of the costs of a City parking facility, which share shall be a "parking facility impact fee" to be paid in the manner and amount set forth in this Article. B. No new occupancy permit for residential or commercial use requiring the payment of an impact fee pursuant to this Article shall be issued unless and until the park- ing facility impact fee hereby required has been paid in accordance,with Section 14-9A-8, Payment of Fee. 14-9A-7: COMPUTATION OF FEE AMOUNT: A. The parking facility impact fee imposed by this Article is based on current best estimates of the capital improvement costs of the construction of a parking facility or facilities in the Near Southside Parking Facility District. Based on 1992 architects' estimates of construction costs of ten thousand dollars ($10,000- .00) per parking space constructed and land costs of approximately sixteen dol- lars ($16.00) per square foot, the City Council finds that such capital improve- ment costs total in the amount of at least twelve thousand dollars ($12,000.00) per parking space in 1992 dollars. SZ Ordinance No. 94-3655 Page 6 B. The City Council further finds that given current Department of Planning and Community Development estimates of new residential and new commercial development in the Near Southside Park- ing Facility District, and given the City's ability to manipulate City parking system rates, monthly permit policies and on- street parking ordinances, the use of an off-street parking facility in the Near • Southside Parking Facility District will be apportioned as follows: thirty-three and one-third percent (331%) to users attrib- utable to new residential development in the Near Southside Parking Facility Dis- trict; sixteen and two-thirds percent (16213%) to users attributable to new commercial development in the Near Southside Parking Facility District; and fifty percent (50%) to users from other areas. C. Based on the foregoing, the amount of the parking facility impact fee required by this Article, in 1992 dollars, shall be four thousand dollars ($4,000.00) per parking space for residential uses and $2,000 per parking space for commercial uses. The parking facility impact fee shall be adjust- ed annually according to provisions of subsection G of this section. D. In order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of • residential and commercial parking is combined in a City off-street parking facility or facilities, rather than scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid in lieu of providing fifty percent (50%) of the parking spaces otherwise required by the City Zoning Ordinance for residential uses. The Cou- ncil further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. 5Z Ordinance No. 94-3655 Page 7 The Council further finds that the commercial parking facility impact fee shall be paid to reflect seventy-five per- cent (75%) of the parking spaces required by the City Zoning Ordinance for commercial uses, and may also be paid in lieu of providing the remaining twenty- five percent (25%) or any portion thereof of the required commercial parking spac- es on site. The Council further finds that this commercial parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new commercial development. E. The total residential parking facility im- pact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required by the Zoning Ordinance for residential uses by fifty percent (50%), and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x .5) RIF = TRF Where: RPS is the number of parking spaces otherwise required by the Zoning Ordinance for residential use; RIF is the per space residential parking facility impact fee for resi- dential uses; and TRF is the total residential park- ing facility impact fee required by this Article. (1978 Code §32.1-115) F. The minimum total commercial parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required by the zoning ordinance for commercial uses by seventy-five percent (75%), and multiplying that product by the per space parking facility impact fee amount as expressed in the formula: (CPS x .75) CIF = TCF Where: 52 Ordinance No. 94-3655 Page 8 CPS is the number of parking spaces otherwise required by the Zoning Ordinance for commercial uses; OF is the per space commercial parking facility impact fee for com- mercial uses; and TCF is the minimum total commer- cial parking facility impact fee re- quired by this Article. If less than twenty-five percent (25%) of the required parking spac- es are provided on-site, the total impact fee shall be the amount equal to all required spaces not provided on-site, times the CIF. G. To ensure accurate estimates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the nation- al historical cast indexes contained in the most recent edition of Means Square Foot Costs manual, as amended. H. The calculation of parking facility impact fees and the receipt thereof by the City shall be documented in a form recordable in the office of the County Recorder. 14-9A-8: PAYMENT OF FEE: A. The City Manager or designee shall calcu- late and assess the entire parking impact fee upon issuance of an occupancy per- mit. The fee payor may pay the entire fee at the issuance of the occupancy permit, or may elect to pay the fee in three (3) equal annual installments, the first of which shall be due and collected at the issuance of the occupancy permit. If the fee payor elects to pay the fee in three (3) annual installments, the fee payor shall execute an agreement with the City before the City issues a occu- pancy permit, which agreement sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation by the Iowa City Finance Department that the fee payor has defaulted on an install- ment payment, the City Clerk shall certify sz Ordinance No. 94-3655 Page 9 the outstanding fee balance to Johnson County as a lien upon the premises for which the occupancy permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. B. All fees collected shall be promptly trans- ferred for deposit in the Near Southside Parking Facility District Impact Fee Re- stricted Fund, established in Section 14- 9A-10 hereof, and held there and used solely and exclusively for the purposes specified in this Article. 14-9A-9: REFUND OF FEES: A. Any funds not expended for a City park- ing facility or which remain unencum- bered by the end of the calendar quarter immediately following five (5) years from the date of the final impact fee payment shall, on application of the fee payor or the fee payor's successor in interest, be returned to such fee payor with interest at the rates earned by the Restricted Fund during such time as the fees were held in the Fund, provided the fee payor submits an application for the refund to the City Manager or designee within one hundred eighty (180) calendar days of the expiration of the five (5) year period. As used in this subsection, funds shall be deemed "encumbered" if the City Council has approved a contract for acquisition and/or construction of a parking facility or facilities in the Near Southside Parking Facility District. 14-9A-10: PARKING FACILITY IMPACT FEE RESTRICTED FUND: A. Fund Established: There is hereby estab- lished the Near Southside Parking Facility District Impact Fee Restricted Fund. B. Use of Funds: 1. Monies held in the Restricted Fund, including any accrued interest, shall be used solely and exclusively for the purpose of the City capital im- provement costs for providing off- street parking facilities to be located 52 Ordinance No. 94-3655 Page 10 in the Near Southside Parking Facili- ty District, and shall not be used for maintenance or operation or for any other purpose. 2. Monies shall be expended in the order in which they are collected. 3. In the event that bonds or similar debt instruments are issued for the construction of capital facilities for which parking facility impact fees are to be expended, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments, as capital improvement costs. 4. Monies in the Restricted Fund may be used to provide refunds as pro- vided in Section 14-9A-9 hereof. 5. Monies in the Restricted Fund shall be used for the purposes enumerat- ed herein, exclusive of all others and shall remain inviolate within the Restricted Fund. C. Annual Report Required: At least once each fiscal year the City Manager or designee shall present to the City Council an accounting of the Restricted Fund. • 14-9A-11: PARKING FACILITIES: A. On-Site Parking Spaces: 1. Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the resi- t dential parking facility impact fee shall require the residential fee payor to provide no fewer than fifty per- cent (50%) of the parking spaces otherwise required for residential uses on the site, and payment of the commercial impact fee shall entitle the commercial fee payor to provide no more than fifty percent (50%) of the parking spaces otherwise re- quired for commercial uses on the site. 2. Those parking spaces provided on- site after payment of the parking facility impact fee shall: 52 Ordinance No. 94-36.55 Page 11 a. Be sized in accordance with the prevailing proportionality re- quirements of the Zoning Ordi- nance regarding standard and compact car sized spaces; and b. Include all required disabled accessible spaces. B. Construction of Parking Facility: The off- site parking facilities financed in part by the Near Southside Neighborhood parking facility impact fee shall be: 1. Constructed in the Near Southside Parking Facility District. 2. Constructed at a time and in accord with a design at the sole discretion of the City Council. 3. Designed and operated to accommo- date new parking demands up to fifty percent (50%) of capacity and existing demand up to fifty percent (50%) of capacity. 14-9A-12: RIGHTS OF FEE PAYORS: A. This Article is intended to provide resi- dential and commercial fee payors a reasonably and rationally calculable meth- od to meet the needs for off-street park- ing created by their development for both residents of new residential development in the Near Southside Parking Facility District, and/or tenants and customers of new commercial development in the Near Southside Parking Facility District. B. The payment of the parking facility im- pact fee does not guarantee a residential fee payor or a commercial fee payor a parking space or a monthly permit in a City off-street parking facility, either existing or those financed in part by this Article; however, the City Manager or designee shall, to the extent reasonably possible, give preference to occupants of residential and commercial development for which a parking facility impact fee was paid. 14-9A-13: EXEMPTIONS FROM PROVISIONS: The following shall be exempted from the requirements of this Article: S2 Ordinance No. 94-365.5 Page 12 A. Residential development which consti- tutes "elderly housing" as defined in the Zoning Ordinance. B. Historic properties, identified in the Near Southside Neighborhood Redevelopment Plan and that have been preserved or restored in accordance with the 1990 revised edition of the Secretary of Interi- ors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings to the extent that the impact fee provided herein must be paid, but the fee payor shall be exempt from providing the on-site parking spaces otherwise required. 14-9A-14: VIOLATIONS AND PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction provided for in Title 1, Chapter 4 of the City Code. 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 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 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 13th day of December, 1994. AYOR ATTEST: 2,.. . i r A CITY CLE"K Approvby C-� City Attorney's Ory ce / 7. ecadev\c hap9.ord SL Ordinance No. 94-4699 Page 13 It was moved by Baker and seconded by Throgmorton that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz X Kubby x Lehman X Novick x Pigott x Throgmorton First Consideration 11/8/94 Vote for passage: AYES: Throgmorton, Baker, Horowitz, Novick, Pigott. NAYS: Kubby, Lehman. ABSENT: None. Second Consideration 11/22/94 Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton, Baker. NAYS: Kubby, Lehman. ABSENT: None. Date published 19/2L/ar. Si 4 e ,,4,,.. „ 1,. 4. f -t • . 741 1 ^U nF;"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. 94-3655 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December , 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . Susan Walsh Deputy City Clerk (wSth.cit • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 an?. FAX(319) 356-5009 % �-'iS2 Dom' 9V-365 / oll' 3 OFFICIAL PUBLICATION parking; that such development and redevelopment will have ar impact on the City parking facility system;and that �/ . without the provision of adequate off- Printer's fee $ /' /'�� street motor vehicular parking spaces, / such development and redevelopment would create undue traffic congestion CERTIFICATE OF PUBLICATION and generally be contrary to the health, safety and welfare of the citizens of Iowa STATE OF IOWA,Johnson County, ss: City. THE IOWA CITY PRESS-CITIZEN B. Due to the Neighborhood's proximity to the downtown area, it is undesirable to FED. ID# 42-0330670 devote significant portions of develop- ment sites to parking in the Near South- I side Neighborhood, since it is in- the public interest to develop land now avail- Margaret Rios, being duly sworn, able in the Neighborhood for more inten- say that I am the legal clerk ofsive residential and commercial uses. C. New residential and new commercial the IOWA CITY PRESS-CITIZEN, development in that portion of the Near a newspaper published in said Southside Neighborhood referred to as the Near Southside Parking Facility Dis- county, and that a notice, a tract will create an increased demand for additional off-street parking, which de- printed copy of which is hereto mand should be met by and/or paid for attached, was published in said by the development itself according to paper / time(s), on the the proportionality of the development's impact upon existing off-street parking following date(s): facilities,and the development's creation of increased demand for additional off. / �,.,,t,,,✓m ;tiJ`f 2// /2-c" street parking facilities. �,,.c� cX / D. The City needs to expand its parking facility system to accommodate new residential and commercial development in order to ensure adequate off-street ���sn�nl parking,and the City Council recognizes (- 9/ 0 such expansion is necessary to promote and protect the public health,safety and Legal Clerk welfare. E. The increased need and demand for off- street parking created by new commer- Subscrib d and sworn to before me tial and new residential development in the Near Southside Parking Facility Dis- thisoZ day of t—Q-c-- • , A.D. tract is reasonably and rationally related /��/ to the development's payment of a pro- 19 9 7 Uf portionate share of a new City parking facility or facilities, and a 'payment in / / I / lieu of off-street parking'is a reasonable and rational method to further the City's _J ` —,...._illkA _ goals of promoting and facilitating inten- {.,hC sive economic development near the VV downtown area, and at the same time 5)'(ARON siussS minimizing the use of large land masses /it y oMMISSION EXPIRES for private parking lots. _. -. 24597 F. The imposition of parking impact fees is a reasonably and rationally calculable method of ensuring that new develop- ment bears a proportionate share of the cost of parking facilities necessary to - accommodate the resulting increased demands for off-street parking created by OFFICIAL PUBLICATION the new development, and the Council wishes to avail itself of this method. ORDINANCE NO. 94-3655 G. The fee established in Section 14-9A-6 AN ORDINANCE AMENDING TITLE 14, "UNi- hereof is directly derived from,based on FIED DEVELOPMENT CODE OF THE CITY and does not exceed the cost of provid- CODE BY AMENDING CHAPTER 9,ARTICLE A, ing additional off-street City parking ENTITLED 'PARKING FACILITY IMPACT FEE facilities as a capital improvement cost TO INCLUDE COMMERCIAL DEVELOPMENT. necessitated and generated by the new residential and new commercial develop- WHEREAS, the City has adopted the Near ment for which the fee is to be charged. Southside Neighborhood Redevelopment Plan H. City involvement in the expansion of the to guide the development in the Near Southside parking facility system as a capital im- Neighborhood;and provement is appropriate due to the scale WHEREAS, a parking facility impact fee and cost of such facilities, and is neces- ordinance will assist in the implementation of sary due to the proximity of the Neigh- the plan,and guide the use and development of borhood to the downtown area and the land so as to assure that new residential devel- expected high use levels of such a park- opment and new commercial development in ing facility system. the Near Southside Neighborhood bears a I. The fee established by this Article does proportionate share of the cost of capital not constitute a tax. expenditures necessary to provide off-street parking in the Near Southside Neighborhood of Iowa City. ()Ku . '7y- .Sly 55 aal3 NOW,THEREFORE,BE IT ORDAINED BY THE RESIDENTIAL FEE PAYOR: A person applying C. Based on the foregoing, the amount of CITY COUNCIL OF THE CITY OF IOWA CITY, for the issuance of an occupancy permit for the parking facility impact fee required by IOWA: residential development in the Near Southside this Article,in 1992 dollars,shall be four SECTION I. AMENDMENT. Title 14, entitled Parking Facility District. . thousand dollars(54,000.001 per parking "Unified Development Code"of the City Code COMMERCIAL USES AND COMMERCIAL space for residential uses and$2,000 per is hereby amended by repealing Chapter 9, DEVELOPMENT: For purposes of this ordi- parking space for commercial uses. The Article A, entitled, 'Parking Facility Impact narking facility impact fee shall be adjus Fee,- and adding thereto a new Chapter 9, nance, 'commercial uses and commercial t Article A to read as follows: development" shall mean any non-residential ed annually according to provisions of ARTICLE A. PARKING FACILITY IMPACT FEE uses requiring parking as required by Section subsection G of this section. 14-6N-1 of the City Zoning Ordinance, as D. In order that available land in the Near 14-9A-1: LEGISLATIVE FINDINGS: The City amended. Southside Parking Facility District is Council finds, determines and declares the intensively IMPLEMENTATION OF FEE: used, and that a portion of following as legislative facts: A. Any person who,after the effective date residential and commercial parking is A. Residential development and redevelop- ment in the Near Southside Neighbor- hereof,seeks to develop land within the combined in a City off-street parking Near Southside Parking Facility District facility or facilities,rather than scattered hood ("Neighborhood"), together with applying for an occupancy permit for throughout the Near Southside Parking commercial development and redevelop- residentialFacility District, the City Council finds merit in said Neighborhood will create an or commercial use is deemed increased demand and need for off-street to have created a need and demand for that the residential parking facility impact additional off-street parking in the Near fee shall be paid in lieu of providing fifty Southside Parking Facility District,and is percent (50%) of the parking spaces 14-9A-2: TITLE AND AUTHORITY: thereby required to pay a proportionate otherwise required by the City Zoning A. Title: This Article shall be known and share of the capital improvement costs Ordinance for residential uses. The Cou- may be cited as the NEAR SOUTHS/DE necessary to meet the additional off- ncil further finds that this parking facility NEIGHBORHOOD PARKING FACILITY street parking needs and demands creat- impact fee is reasonably and rationally DISTRICT IMPACT FEE ORDINANCE. ed by such development by contributing related to the increased off-street parking B. Authority: The City Council has the a proportional share of the costs of a need or impact created by said new authority to adopt this Article under its City parking facility,which share shall be residential development. home rule powers,pursuant to the Con- a 'parking facility impact fee'to be paid stitution of the State of Iowa,as amend- The Council further finds that the commercial parking facility impact fee ed,the Code of Iowa, as amended, and in the manner and amount set forth in shall be paid to reflect seventy-five per the United States Constitution. this Article. can[ 175%I of the parking spaces 14-9A-3: INTENT AND PURPOSE: B. No new occupancy permit for residential required by the City Zoning Ordinance for A. This Article is intended to assist in the or commercial use requiring the payment commercial uses, and may also be paid implementation of the Iowa City Compre- of an impact fee pursuant to this Article in lieu of providing the remaining twenty- hensive Plan and the Near Southside shall be issued unless and until the park- five percent(25%)or any portion thereof Neighborhood Redevelopment Plan. ing facility impact fee hereby required of the required commercial parking spec- B. The purpose of this Article is to regulate has been paid in accordance with Section es on site. The Council further finds that the use and development of land so as to 14-9A-8,Payment of Fee. this commercial parking fa ensure that new residential and new 14-9A-7: COMPUTATION OF FEE AMOUNT: fee is reasonably and rationallll related impact y related to commercial development in the Near A. The parking facility impact fee imposed the increased off-street parking need or Southside Neighborhood bears a propor- by this Article is based on current best impact created by said new commercial tionate share of the capital improvement estimates of the capital improvement development. costs necessary to meet the additional costs of the construction of a parking E. The total residential parking facility im- parking needs and demands caused by facility or facilities in the Near Southside pact fee required by[his Article shall be development in this Neighborhood, and Parking Facility District. Based on 1992 calculated by multiplying the number of to do so by paying a portion of the costs architects' estimates of construction parking spaces otherwise required by the needed to meet the need for off-street costs of ten thousand dollars (510,000- Zoning Ordinance for residential uses by parking in a City parking facility within .00) per parking space constructed and fifty percent(50%),and in multiPIV 9 that the Near Southside Parking Facility Dis- land costs of approximately sixteen dol- product by the per space parking facility trict of Iowa City. tars 1516.001 per square foot, the City impact fee amount, as expressed in the 14-9A-4: APPLICATION OF PROVISIONS: Council finds that such capital improve- formula: This Article shall apply to all real property merit costs total in the amount of at least (RPS x.51 RIF = TRF within the Near Southside Parking Facility twelve thousand dollars IS12,000.00) Where: District. Where the provisions hereof are in per parking space in 1992 dollars. RPS is the number of parking conflict with those of the Iowa City Zoning spaces otherwise required 'by the Ordinance,or in conflict with the Near South- B. The City Council further finds that given Zoning Ordinance for residential use; side Neighborhood Redevelopment Plan, the current Department of Planning and RIF is the per space residential hereof shall prevail. Community Development estimates of provisionsp parking facility impact fee for rest- new14-9,4-5: DEFINITIONS: As used in this Arti- residential and new commercial dentia)uses;and development in the Near Southside Park- de,the following definitions shall apply: CAPITAL IMPROVEMENT COST: In- park- ing Facility District, and given the City's TRF is the total residential cludes costs of design,engineering,necessary ability to manipulate City parking system ing facility impact fee required by this Article. rates, monthly permit policies and on- consultants,construction,financing of a capital 11978 Code 432.1-1151 street parking ordinances, the use of an improvement including debt service, land F. The minimum total commercial parking off-street parking facility in the Near acquisition, site improvements, and buildings Southside Parking Facility District will be facility impact fee required by this Article and equipment necessary for a City off-street shall be calculated by multiplying the apportioned as follows: thirty-three and parking facility, but excludes maintenance andnumber of parking spaces otherwise one-third percent 1331/2%)to users attrib- operation of such facility. required by the zoning ordinance for COMMERCIAL FEE PAYOR: A person stable to new residential development in commercial uses by seventy-five percent applying for the issuance of an occupancy the Near Southside Parking Facility Dis- 175%l, and multiplying that product by permit for commercial development in the Near trict; sixteen and two-thirds percent the per space parking facility impact fee (16th%) to users attributable to new Southside Parking Facility District. amount as expressed in the formula: NEAR SOUTHSIDE PARKING FACILITY commercial development in the Near (CPS x.751 CIF = TCF DISTRICT: That area of Iowa City bounded by Southside Parking Facility District; and Where: Burlington Street on the north,Gilbert Street on fifty percent (50%) to users from other areas. CPS is the number of parking spaces the east,the Iowa Interstate Railway Main Line otherwise required by the Zoning on the south and Madison Street on the west, Ordinance•for commercial uses; except for Blocks 10 and 21 of County Seat CIF is the per space commercial Addition; Lots 5 and 6 of Block 13, County parking facility impact fee for com- Seat Addition;Lots 3,4,5,the east 50 feet of martial uses;and Lot 6, and the south 40 feet of Lot 2, Block TCF is the minimum total commer- 11, County Seat Addition; and Lots 10-15, cial parking facility impact tee re- Lyon's First Addition. quired by this Article. CITY PARKING FACILITY: A ramp, If less than twenty-five percent surface lot or combination thereof designed to (25%1 of the required parking spec- accommodate the off-street parking of motor es are provided on-site, the total vehicles as a capital improvement. impact fee shall be the amount equal to all required spaces not provided on-site,times the CIF. .‘") ) ate v. yw X655 3of3 G. To ensure accurate estimates of current 3. In the event that bonds or similar parking facility capital improvement debt instruments are issued for the 14-9A-13: EXEMPTIONS FROM PROVISIONS: costs,the amount of the parking facility construction of capital facilities for The following shall be exempted from the impact fee required by this Article shall which parking facility impact fees requirements of this Article: be adjusted annually based on the nation- are to be expended, monies held in A. Residential development which consti- al historical cost indexes contained in the the Restricted Fund may be used to tutes 'elderly housing"as defined in the most recent edition of Means Square pay debt service on such bonds or Zoning Ordinance. Foot Costs manual,as amended. similar debt instruments, as capital 8. Historic properties,identified in the Near H. The calculation of parking facility impact improvement costs. Southside Neighborhood Redevelopment fees and the receipt thereof by the City 4. Monies in the Restricted Fund may Plan and that have been preserved or shall be documented in a form recordable be used to provide refunds as pro- restored in accordance with the 1990 in the office of the County Recorder. vided in Section 14-9A-9 hereof. revised edition of the Secretary of Interi- 14-9A-8: PAYMENT OF FEE: 5. Monies in the Restricted Fund shall ars Standards for Rehabilitation and A. The City Manager or designee shall calcu- be used for the purposes enumerat- Guidelines for Rehabilitating Historic late and assess the entire parking impact ed herein,exclusive of all others and Bwldings to the extent that the impact fee upon issuance of an occupancy per- shall remain inviolate within the fee provided herein must be paid,but the mit. The fee payor may pay the entire Restricted Fund. fee payor shall be exempt from providing fee at the issuance of the occupancy C. Annual Report Required; At least once the on-site parking spaces otherwise permit, or may elect to pay the fee in each fiscal year the City Manager or required. three 131 equal annual installments, the designee shall present to the City Council i+ 14-9A-14: VIOLATIONS AND PENALTIES: first of which shall be due and collected an accounting of the Restricted Fund. 1 Any violation of this Article shall be considered at the issuance of the occupancy permit. 14-9A-11: PARKING FACILITIES: r a simple misdemeanor or Municipal infraction If the fee payor elects to pay the fee in A. On-Site Parking Spaces: provided for in Title 1, Chapter 4 of the City three 131 annual installments. the fee 1. Notwithstanding provisions of the ' Code. payor shall execute an agreement with Zoning Ordinance which may be to SECTION II. REPEALER. All ordinances and the City before the City issues a occu- the contrary, payment of the resi- parts of ordinances in conflict with the provi- pancy permit, which agreement sets dential parking facility impact fee sions of this Ordinance are hereby repealed. forth the timing and amounts of the shall require the residential fee payor I SECTION III. SEVERABILITY. If any section, remaining installments to be paid and to provide no fewer than fifty per- i provision or part of the Ordinance shall be also sets forth that,upon confirmation by cent 150%) of the parking spaces • adjudged to be invalid or unconstitutional,such the Iowa City Finance Department that otherwise required for residential adjudication shall not affect the validity of the the fee payor has defaulted on an install- uses on the site,and payment of the Ordinance as a whole or any section,provision ment payment,the City Clerk shall calf", commercial impact fee shall entitle or part thereof not adjudged invalid or unconsti- the outstanding fee balance to Johnson the commercial fee payor to provide tutional. County as a lien upon the premises for no more than fifty percent(50%1 of SECTION IV. EFFECTIVE DATE. This Ordi- which the occupancy permit was issued. parking spaces arkin s aces otherwise re- nance shall be in effect after its final passage, Said lien will not preclude the City from quired for commercial uses on the approval and publication,as provided by law. pursuing recovery of the fee by other site. Passed and approved this 13th day of legal or equitable remedies. 2. Those parking spaces provided on- December, 1994. site after payment of the parking 11 facility impact fee shall: 'f [.t,Q 0—.4)7 1•t/tte- c.3/ B. All tees collected shall be promptly trans- MAYOR ferred for deposit in the Near Southside a. Be sized in accordance with the ' ATTEST: �[. L[�s•�arL I Parking Facility District Impact Fee Re- prevailing proportionality re- � • CITY CL K stricted Fund,established in Section 14- quirements of the Zoning Ordi- . 9A-10 hereof, and held there and used nance regarding standard and 10uA2 December 21,t994 solely and exclusively for the purposes compact car sized spaces; and specified in this Article. b. Include all required disabled 14-9A-9: REFUND OF FEES: accessible spaces. A. Any funds not expended for a City park. B. Construction of Parking Facility: The off- ing facility or which remain unencum- site parking facilities financed in part by bared by the end of the calendar quarter the Near Southside Neighborhood parking immediately following five 151 years from facility impact fee shall be: the date of the final impact fee payment 1. Constructed in the Near Ssuthside shall, on application of the fee payor or Parking Facility District. the fee payor's successor in interest,be 2. Constructed at a time and in accord returned to such fee payor with interest with a design at the sole discretion at the rates earned by the Restricted of the City Council. Fund during such time as the fees were 3. Designed and operated to accommo- held in the Fund,provided the fee payor date new parking demands up to submits an application for the refund to fifty percent 150%1 of capacity and the City Manager or designee within one existing demand up to fifty percent hundred eighty (180) calendar days of (50%1 of capacity. the expiration of the five 151 year period. 14-9A-12: RIGHTS OF FEE PAYORS: As used in this subsection,funds shall be A. This Article is intended to provide resi- n deemed"encumbered"it the City Council dential and commercial fee payors a has approved a contract for acquisition reasonably and rationally calculable meth- and/or construction of a parking facility od to meet the needs for off-street park- or facilities in the Near Southside Parking ing created by their development for both Facility District. residents of new residential development 14-9A-10: PARKING FACILITY IMPACT FEE in the Near Southside Parking Facility RESTRICTED FUND: District,and/or tenants and customers of A. Fund Established: There is hereby estab- new commercial development in the Near lished the Near Southside Parking Facility Southside Parking Facility District. District Impact Fee Restricted Fund. B. The payment of the parking facility im. B. Use of Funds: pact fee does not guarantee a residential 1. Monies held in the Restricted Fund, fee payor or a commercial fee payor a including any accrued interest, shall parking space or a monthly permit in a be used solely and exclusively for City off-street parking facility, either the purpose of the City capital im- existing or those financed in part by this provement costs for providing off- Article: however, the City Manager or street parking facilities to be located designee shall, to the extent reasonably possible,give preference to occupants of in the Near Southside Parking Facili- ty District,and shall not be used for residential and commercial development maintenance or operation or for any for which a parking facility impact fee was paid. other purpose. 2. Monies shall be expended in the order in which they are collected. L�� t r B ORDINANCE NO. 94-3656 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," AND ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE (CB-5)," TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR THE CB-5 ZONE. WHEREAS, it is the intent of the Iowa City City Council to require that commercial development within the CB-5 zone provide sufficient off-street parking spaces; and WHEREAS, the Zoning Ordinance currently states that for commercial uses in the CB-5 zone no parking spaces are required but, if provided, a maximum of one parking space for every five hundred (500) square feet of floor area shall be permitted; and WHEREAS, the City Council has determined that one parking space per 1,200 square feet of commercial floor area will help satisfy the demand for parking generated by commercial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning," of the City Code be hereby amended by: a. Repealing Article N, entitled "Off-Street Parking and Loading," Section 14-6N-1, subsections I.2.d.2, 1.2.f.2, 1.2.g.2, I.2.h.2, I.2.i.2, 1.2.1.3, 1.2.m.2, 1.2.n.2, 1.2.0.2, I.2.p.2, 1.2.r.2, I.2.t.2, 1.2.u.2; and subsection I.4.a.2; and I.5.f.2., reading "None required but, if provided, a maximum of one parking space for each five hundred (500) square feet of floor area shall be permitted," and adding new subsections I.2.d.2, I.2.f.2, 1.2.g.2, 1.2.h.2, 1.2.i.2, 1.2.1.3, 1.2.m.2, 1.2.n.2, I.2.o.2, 1.2.p.2, 1.2.r.2, 1.2.t.2, 1.2.u.2; and subsection I.4.a.2; and 1.5.f.2.to read as follows: Principle Use Zone Number of Spaces Subsection No. Banks, savings and loan CB-5 One (1) parking space for each 14-6N-11.2.d.2 institutions and credit un- twelve hundred (1200) square feet ions. of floor area.) Furniture, major appliance CB-5 One (1) parking space for each 14-6N-11.2.f.2 and floor covering stores twelve hundred (1200) square feet and repair shops. of floor area.) Grocery stores and super- CB-5 One (1) parking space for each 14-6N-11.2.g.2 markets. twelve hundred (1200) square feet of floor area.) Laundry and dry cleaning CB-5 One (1) parking space for each 14-6N-11.2.h.2 establishments (coin oper- twelve hundred (1200) square feet ated). of floor area.) Laundry and dry cleaning CB-5 One (1) parking space for each 14-6N-11.2.i.2 establishments and collec- twelve hundred (1200) square feet tion stations. of floor area.) Offices. CB-5 One (1) parking space for each 14-6N-11.2.1.3 twelve hundred (1200) square feet of floor area.) Offices-clinics. CB-5 One (1) parking space for each 14-6N-11.2.m.2 twelve hundred (1200) square feet of floor area.) Personal service business, CB-5 One (1) parking space for each 14-6N-11.2.n.2 beauty parlors, barber twelve hundred (1200) square feet shops. of floor area.) 53 Ordinance No. 94-3656 Page 2 • Personal service businesses CB-5 One (1) parking space for each 14-6N-11.2.0.2 (other than those listed). twelve hundred (1200) square feet of floor area.) Photographic studios. CB-5 One (1) parking space for each 14-6N-11.2.p.2 twelve hundred (1200) square feet of floor area.) Restaurant and establish- CB-5 One (1) parking space for each 14-6N-11.2.r.2 ments dispensing food or twelve hundred (1200) square feet beverages for consumption of floor area.) on the premises. Retail stores and shops CB-5 One (1) parking space for each 14-6N-1I.2.t.2 (other than those listed). twelve hundred (1200) square feet of floor area.) Studios and stations, radio CB-5 One (1) parking space for each 14-6N-11.2.u.2 and television. twelve hundred (1200) square feet of floor area.) Civic, cultural and historical CB-5 One (1) parking space for each 14-6N-11.4.a.2 institutions. twelve hundred (1200) square feet of floor area.) Libraries, museums and art CB-5 One (1) parking space for each 14-6N-11.5.f.2 galleries. twelve hundred (1200) square feet of floor area.) b. Repealing Article E, entitled "Commercial and Business Zones," Section 14-6E-7 entitled "Central Business Support Zone (CB-51," subsection F.1.c and adding new subsection F.1.c. to read as follows: c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter. 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 13th day of December, 1994. • jt�-AGLr( >h.<47,-97-05 MAYOR ATTEST: ��ua� 7e.S . tie CITY CLERK approve. b L i City •ttorn Iz- 7- p•• in1ctr5park.prd 53 Ordinance No. 94-3656 Page 3 It was moved by Pi8ntr and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker X Horowitz X Kubby Y Lehman x Novick x Pigott Throgmorton First Consideration 11/8/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowtiz. NAYS: Lehman, Kubby. ABSENT: None. Second Consideration 11/22/94 Vote for passage: AYES: Horowitz, Novick, Pigott, Throgmorton, Baker. NAYS: Kubby, Lehman. ABSENT: None . Date published 12/21/94 S1 a � _ + . T,t•'„:7 .III IIT �1I� -• 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. 94-3656 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . wttd, Susan Walsh Deputy City Clerk )WSIsh.ot • • CIVIC CENTER • 410 E. WASHINGTON ST. erli) PN ONE (319) 356-5000 IOWA CITY IOWA 32I40•I826 FAX(]19) 3]5lb-75009 vRv • -I-t,'-Jt.a�Le OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 94-3656 ORDINANCE AMENDING TITLE 14,CHAPTER 6,ENTITLED"ZONING," CITY CODE, BY REVISING ARTICLE N, ENTITLED "OFF-STREET PARKING AND LOADING," AND ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES," SECTION 7,ENTITLED "CENTRAL BUSINESS SUPPORT (; ZONE(CB-5),"TO CHANGE THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR THE Printer's fee $ 4/ % 0, CB-5 ZONE. WHEREAS, it is the intent of the Iowa City City Council to require that commercial development CERTIFICATE OF PUBLICATION within the CB-5 zone provide sufficient off-street parking spaces;and WHEREAS, the Zoning Ordinance currently states that for commercial uses in the C8-5 zone no STATE OF IOWA, Johnson County, ss: parking spaces are required but,if provided,a maximum of one parking space for every five hundred THE IOWA CITY PRESS-CITIZEN 5W square AS f tht f floor nc shalls be pter meed;and WHEREAS, the City Council has determined that one parking space per 1,200 square feet of FED. ID# 42-0330670 commercial floor area will helplsatisfy the demand for parking generated by commercial development. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION I. AMENDMENT. Title 14, Chapter 6, entitled "Zoning," of the City Code be hereby amended by: a. Repealing Article N, entitled 'Off-Street Parking and Loading," Section 14-6N-1, subsections Margaret Rios, being duly sworn, 1.2.d.2, 1.2.f.2, 1.2.8.2, 1.2.h.2, 1.2.1.2, 1.2,1.3, I.2.m.2, 1.2.n.2, 1.2.0.2, 1.2.p.2, 1.2.r.2, 1.2.t.2, 1.2.u.2;and subsection 1.4.a.2;and 1.5.f.2.,reading"None required but,if provided,a maximum say that I am the legal clerk of of one parking space for each five hundred(500)square feet of floor area shall be permitted,"and the IOWA CITY PRESS-CITIZEN adding new subsections 1.2.d.2,1.2.f.2,1.2.g.2,1.2.h.2,1.2.i.2, 1.2.1.3, 1.2.m.2, 1.2.n.2, 1.2.o.2, 1.2.p.2,1.2.r.2,I.2.t.2,1.2.u.2;and subsection 1.4.a.2;and 1.5.f.2.to read as follows: a newspaper published in said Principle Use Zone Number of Spaces Subsection No. county, and that a notice, a Banks,savings and loan CB-5 One(1)parking space for each 14-6N-11.2.d.2 institutions and credit un- twelve hundred 112001 square feet printed copy of which is hereto ions. of floor area.) attached, was published in said Furniture,major appliance CB-5 One(11 parking space for each 14-6N-11.2.f.2 and floor covering stores twelve hundred 112001 square feet paper r time(s), on the and repair shops. of floor area.) following date(s): Grocery stores and super- CB-5 One It)parking space for each 14-6N-11.2.g.2 markets. twelve hundred 11 2001 square feet of floor area.) Laundry and dry cleaning CB-5 One Ill parking space for each 14-6N-11.2.h.2 establishments(coin oper- twelve hundred 11 200)square feet ated). of floor area.) Laundry and dry cleaning CB-5 One 111 parking space for each 14-6N-11.2.1.2 establishments and collec- tion twelve hundred 11200)square feet stations. of floor area.) Legal Clerk Offices. CB-5 One 11)parking space for each 14-6N-11.2.1.3 twelve hundred 11200)square feet of floor area.) Subscribed and sworn to before me Offices-clinics. CB-5 One(1)parking space for each 14-6N-11.2.m.2 twelve hundred 112001 square feet A.D. of floor area.) this a day of , LPersonal service business, CB-5 One(1)parking space for each 14-6N-1I.2.n.2 19 I beauty parlors,barber twelve hundred 11200)square feet (�' shops. of floor area.) 5_1 //. (otherPersoai os listed). CB-5 One(1)parkred(1 space for each 14-6N-11.2.0.2 ' (other than those listed). twelve hundred(1200)square feet _ of floor area.) Photographic studios. CB-5 One(1)parking space for each 14-6N-11.2.p.2 . he twelve hundred(1200)square feet 7.1 SHARON STUBBS of floor area.) MY COMMISSION EXPIRES Restaurant and establish- CB-5 One 11)parking space for each 14.6N-11.2.r.2 2-15-97 ments dispensing food or twelve hundred(12001 square feet beverages for consumption of floor area.) on the premises. Retail stores and shops CB-5 One 111 parking space for each 14-6N-1).2.t.2 (other than those listed). twelve hundred 11200)square feet of floor area.) Studios and stations,radio CB-5 One 111 parking space for each 14-6N-11.2.u.2 and television. twelve hundred 112001 square feet of floor area.) Civic,cultural and historical CB-5 One(1)parking space for each 14-6N-11.4.a.2 institutions. twelve hundred 11200)square feet of floor area.) Libraries,museums and art CB-5 One(1)parking space for each 14-6N-11.5.f.2 galleries. twelve hundred(1200)square feet of floor area.) b. Repealing Article E,entitled"Commercial and Business Zones,"Section 14-6E-7 entitled "Central Business Support Zone (CB-5),' subsection F.1.c and adding new subsection F.t.c. to read as follows: c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter. 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 13th day of December, 1994. MAYOR ATTEST: CITY CL K 10443 December 21,1994 R Dry r3e_ ORDINANCE NO. 94-9657 AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE NEAR SOUTHSIDE COM- MERCIAL URBAN REVITALIZATION AREA. WHEREAS, Chapter 404 of the Code of Iowa (1993) permits 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 §404.1 of the Code; 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(4), Code, and is an appropriate economic development area as defined in §403.17, Code of Iowa: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Origi- nal Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2- 8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition; 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 Chapter 404, • Code of Iowa (1993) 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 Near Southside Commercial Urban Revitalization Area: Block 102 and 103 of Original Town; O.L. 24 of S.J. Johnson Subdivision; Block 2, Berryhill and Pierce Addition; the east 170 feet of Block 101, Origi- nal Town; the east 25 feet of the north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2- 8, Block 5, Lyon's First Addition; the west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots Ordinance No. 94-3657 Page 2 2, 3, and 4 east of Ralston Creek, Block 20, County Seat Addition. 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. 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 13th day of Decmeber, 1994. ATTEST: 7i 9f 7 / CITY CL K Approved by CCity orney et/ir ecodevinsscurp2.crd hi— Ordinance No. 94-3657 Page 3 It was moved by Pigott and seconded by Lehman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby X Lehman x Novick Pigott x Throgmorton First Consideration 4t/8194 Vote for passage: AYES: Baker, Horowitz, Lehman, Novick, Pigott, Throgmorton. NAYS: Kubby. ABSENT: None. Second Consideration 11/22/94 Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: Kubby. ABSENT: None. • Date published 12/21/94 Si( ii a i 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. 94-3657 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December , 19 94 Dated at Iowa City, Iowa, this 6th day of January , 19 95 .24,,i) OA\ e. . Wetkili Susan Walsh Deputy City Clerk lwW)N.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(519) 556-5009 is sq CSRV • CPI-c./& OFFICIAL PUBLICATION ORDINANCE NO. 94-16S7 AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN 2 URBAN REVITALIZATION AREA WHICH SHALL Printer's fee $ ✓ c7 BE KNOWN AS THE NEAR SOUTHSIOE COM- MERCIAL URBAN REVITALIZATION AREA. CERTIFICATE OF PUBLICATION WHEREAS, Chapter 404 of the Code of Iowa(1993) permits the governing body of a STATE OF IOWA,Johnson County, ss: city to designate an area of the city as an THE IOWA CITY PRESS-CITIZEN urban revitalization area if the area satisfies the criteria set forth in §404.1 of the Code;and FED. ID # 42-0330670 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 1404.1141, Code, Margaret Rios, being duly sworn, and is an appropriate economic development area as defined in§403.17,Code of Iowa: say that I am the legal clerk of Block 102 and 103 of Original Town; O.L. 24 of S.J.Johnson Subdivision; the IOWA CITY PRESS-CITIZEN, Block 2,Berryhill and Pierce Addition; the east 170 feet of Block 101,Origi- a newspaper published in said nal Town; the east 25 feet of the county, and that a notice, a north 130 feet of the west 150 feet of Block 101, Original Town; Lots 2- printed copy of which is hereto 8,Block 5,Lyon's First Addition;the attached, was published in said west 91.70 feet of Lot 1, Block 19, County Seat Addition and all of Lots paper / time(s), on the 2, 3, and 4 east of Ralston Creek, Block 20,County Seat Addition;and following date(s): WHEREAS,the City Council has determined that the rehabilitation,conservation,redevelop- p' went,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 Chapter 404. Legal Clerk Code of Iowa (1993) 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 Subscribed and sworn to before me be known as the Near Southside Commercial //}} A.D. rban Revitalization Area: thisa331y daylock 102 and 103 of Original Town; of _ A.L. O.L. 24 of S.J.Johnson Subdivision; 19^L. Block 2,Berryhill and Pierce Addition; l'F/ the east 170 feet of Block 101,Origi- I // nal Town; the east 25 feet of the of 130 feet, rif tine westw ; 0 seet - / of Block 101, Original Town;Lots 2- \ 8,Block 5,Lyon's First Addition;the -. ., , blic west 91.70 feet of Lot 1, Block 19, 0.1" '; SHARON STUBBS County Seat Addition and all of Lots MV COMMISSION EXPIRES 2, 3, and 4 east of Ralston Creek, 2-15-97 Block 20,County Seat Addition. 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. 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 13t:h day of Decmeber, 1994. AYOR ATTEST: TAW CITY CL K 10445 December 21,1994 Ora aL • ORDINANCE NO. 94—'1658 AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE NEAR SOUTHSIDE RESI- DENTIAL URBAN REVITALIZATION AREA. WHEREAS, Chapter 404 of the Code of Iowa (1993) permits 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 §404.1 of the Code; 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(4), Code, and is an appropriate economic development area as defined in §403.17, Code of Iowa: County Seat Addition, all of Block 1; Block 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 8, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and 8, the west 100 feet of Lot 6, and the north 40 feet of Lot 2; 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 Chapter 404, Code of Iowa (1993) 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 Near Southside Residential Urban Revitalization Area: County Seat Addition, all of Block 1; Block 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 8, Lots 5, 6, 7, and the west 60 feet of the south 53.5 feet of Lot 4; all of Block 9; all of Block 20 lying north and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and 8, the west 100 feet of Lot 6, and the north 40 feet of Lot 2. 55 Ordinance No. 94-9658 Page 2 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. 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 13th day of December, 1994. Ari . /46-119-z-05 MAYOR ATTEST: 7/w.4e.a J 9Y1 CITY CLERK Approved b '/ a/rGiS ty Attorney's Office /0/(v ecoeev resrevit.om ss Ordinance No. 94-3658 • Page 3 It was moved by Thrngmnrtnn and seconded by Kiihhy that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz x Kubby x Lehman Novick x Pigott X Throgmorton First Consideration 11/8/94 Vote for passage: AYES: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: None. Second Consideration 11/22/94 Vote for passage: AYES: Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Date published _ 12/21/94 SS uu 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. 94-3658 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December 19 94 . . Dated at Iowa City, Iowa, this 6th day of January , 19 95 2,6,6a/77 lr• ida./Ah Susan Walsh Deputy City Clerk \wdN.crt • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356.5009 % 6.1 .c5 oR91aLI- s OFFICIAL PUBLICATION ORDINANCE NO. 94-165R AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE KNOWN AS THE NEAR SOUTHSIDE RESI- Printer's fee ��C DENTIAL URBAN REVITALIZATION AREA. WHEREAS, Chapter 404 of the Code of Iowa 11993) permits the governing body of a CERTIFICATE OF PUBLICATION city to designate an area of the city as an STATE OF IOWA, Johnson County, ss: urban revitalization area if the area satisfies the THE IOWA CITY PRESS-CITIZEN criteriaW set forth AS, n 1404.1 the Code;and WHEREAS,the City Council of the City of FED. ID # 42-0330670 Iowa City, Iowa has determined that the area within the City legally described below substan- tially meets the criteria of 1404.1141, Code, and is an appropriate economic development Margaret Rios, being duly sworn, area as CountynSd in §4 Addition, Code of Iowa: Seat all of Block 1; Block ,9, Lots 1-4, except for the say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, west 91.70 feet Lot ; Block 8, Lots 5, 6, 7,and the wastt60 feet of a newspaper published in said the south feet of Lot 4; allof Block 9; allll oof f Block 20 lying north county, and that a notice, a and west of Ralston Creek; all of Block 12; and Block 11, Lots 1, 7, and 8, the west 100 feet of Lot 6, printed copy of which is hereto attached, was published in said and the north 40 feet of Lot 2;and WHEREAS,the City Council has determined that the rehabilitation,conservation,redevelop- paper time(s), on the ment,economic development.or a combination following date(s): 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. J11��u -r�7'"4� I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF IOWA CITY,IOWA,THAT: SECTION I. Pursuant to Chapter 404, Code of Iowa (1993) and in consideration of the recitations set forth above,the area legally L7 4-415:1- described below be and the same is hereby designated as a revitalization area,which shall Legal Clerk be known as the Near Southside Residential Urban Revitalization Area: County Seat Addition,all of Block 1;Block Subscribed and sworn to before me 19, Lots 1-4, except for the west 91.70 feet of Lot 1; Block 8, Lots 5, 6, 7, end n _ , A.D. the west 60 feet of the south 53.5 feet of r day of JCS �, DLot 4; all of Block 9;all of Block 20 lying north and west of Ralston Creek; all of 192/. Block 12;and Block 11, Lots 1, 7,and 8, the west 100 feet of Lot 6,and the north / 40 feet of Lot 2. -.4 SECTION II. REPEALER. All ordinances N�t.a1 blic and parts of ordinances in conflict with the ,, provisions of this Ordinance are hereby re- SHARON STUBBS pealed. MY COMMISSION EXPIRES SECTION III. SEVERABILITY. If any • ,q� 2-15-97 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 pas- sage.approval and publication,as provided by law. Passed and approved this 11th day of December, 1994. /�. ! • ./-.- . MAYOR • ATTEST: ,Z2 71 l4.f,) CITY CL RK 10444 December 21,1994 ORDINANCE NO. 94-3659 AN ORDINANCE AMENDING TITLE 9, ENTI- TLED "TRAFFIC", CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND EN- FORCEMENT OF TRAFFIC PROVISIONS," SEC- TION 6, ENTITLED "APPLICATION OF PROVI- SIONS" OF THE CITY CODE BY ADDING A NEW PARAGRAPH APPLYING THE PROVI- SIONS OF THE TRAFFIC TITLE TO BICYCLISTS. WHEREAS, it is the intent of the Iowa City City Council to provide a safe environment for drivers of vehicles and riders of bicycles upon the city's roadways; and WHEREAS, an ordinance applying the traffic regulations to bicyclists would promote safety upon the city's roadways by requiring bicyclists to follow "the rules of the road"; and WHEREAS, State law provides a similar provision, so enactment of a City regulation would enable the City to enforce said "rules of the road." NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, entitled "Traffic," Chapter 1, entitled "Definitions, Ad- ministration and Enforcement of Traffic Provi- sions," Section 6, entitled "Application of Pro- visions" of the City Code be amended by add- ing a paragraph to read as follows: c. Every person riding a bicycle upon a road- way shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except those provisions of this Title which by their very nature can have no application. 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 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. 5c, Ordinance No. 94-3659 Page 2 Passed and approved this 13th day of December, 1994.M,{.,-,-0 MAYOR / ATTEST: ) 7y . 7t CITY CLE K A�..roved by • c � IJ/btf 1r/Q?/ City Attorn! 's Office n\legal\trattitl.ord S.', Ordinance No. 94-3659 Page 3 It was moved by Kubby and seconded by Pigott that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby Lehman x Novick x Pigott x Throgmorton First Consideration 11 /8/9A - Voteforpassage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 11/22/94 Vote for passage: AYES: Novick, Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Date published 12/21/94 5� �ul•I�i Map 1, I 3/'•�J�y -- I 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. 94-3659 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 21st day of December 19 94 . Dated at Iowa City, Iowa, this 6th day of January , 19 95 . k lit/, Susan Walsh Deputy City Clerk (Wrih.cfi CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 336.3000 IOWA CITY IOWA 52240-1426 FAX(319) 336-3009 �a s7. ORA 9i(-3459 OFFICIAL PUBLICATION ORDINANCE NO. 94-1_6_59 _ AN ORDINANCE AMENDING TITLE 9, ENTI- Printer's fee $ /5 ';3,5„.. TLED "TRAFFIC', CHAPTER 1, ENTITLED 'DEFINITIONS, ADMINISTRATION AND EN- FORCEMENT OF TRAFFIC PROVISIONS.'SEC- CERTIFICATE OF PUBLICATION TION 6,ENTITLED'APPLICATION OFROVI- OF THE CITY CODE BY STATE OF IOWA, Johnson County, ss: NIEWSPARAGRAPH APPLYING THE PIROVII-- THE IOWA CITY PRESS-CITIZEN SIONS OF THE TRAFFIC TITLE TO BICYCLISTS. FED. ID# 42-0330670 WHEREAS, it is the intent of the Iowa City I City Council to provide a safe environment for drivers of vehicles and riders of bicycles upon Margaret Rios, being duly sworn, the city's roadways;and WHEREAS,en ordinance applying the traffic say that I am the legal clerk of regulations to bicyclist, would promote safety the IOWA CITY PRESS-CITIZEN upon the city's roadways by requiring bicyclists PRESS-CITIZEN, to follow"the rules of the road';and a newspaper published in said WHEREAS, State law provides a similar provision, SO enactment of a City regulation county, and that a notice, a would enable the City to enforce said'rules of printed copy of which is hereto the NOOW,W, THEREFORE.BE IT ORDAINED BY THE attached, was published in said CITY COUNCIL OF THE CITY OF IOWA CITY, paper / time(s), on the SECTION I. AMENDMENT. Title 9, entitled 'Traffic,' Chapter 1,entitled"Definitions. Ad- following date(s): ministration and Enforcement of Traffic Provi- sions,'Section 6,entitled"Application of Pro- _12-e- Q _A_ a , x /.?95/ visions'of the City Coda be amended by add- ingw -QM a paragraph to read es follows: c. Every person riding a bicycle upon a road way shall be granted all the rights and shell be subject to all of the duties epphceble to the driver of a vehicle by this Title,except f., / /,�,� thou provisions of this Title which by their — �[ ri1 ���'� very nature sen have no application. �! Legal Clerk SECTION II. EP REALER. All ordinances end b parts of ordinances In conflict with the provi- sions of this Ordinance we hereby repealed. Subscribed and sworn to before me SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shell be adjudged to be invalid or unconstitutional,such this fir)day of -19------- , A.D, adjudication shall not effect the validity of the Ordinance as a whole or any section,provision 19 91'j or part thereof not adjudged invalid or unconsti- tutional. I / SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage. -al/ approval and publication,as provided by law. Passed and approved this 13th day of e�ublic December, 1994. iy '� SHARON STUBBS /J .p,t 7j0-1,--.„..v T MY COMMISSION EXPIRES )1' I 2-15.97 MAYOR . ATTEST: CITY CL K 10446 December 21,19y. '9;1; nrd. tYt ORDINANCE NO. 94-3660 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE E, ENTITLED "COMMER- CIAL AND BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE (CB-5)," TO RESTRICT THE LOCATION OF PARKING, DRIVEWAYS AND GARAGE ENTRANCES, IN THE CB-5, CENTRAL BUSI- NESS SUPPORT ZONE. WHEREAS, the Central Business Support Zone, CB-5, is intended to allow for an orderly expansion of the City's Central Business Dis- trict, to provide for a relatively intense use of land, and to enhance a pedestrian friendly streetscape; and WHEREAS, providing for the efficient use of land and parking facilities in this area will allow this type of development; and WHEREAS, diminishing opportunities for parking and access to parking along the street level of buildings enhances the streetscape and encourages commercial development of the street level. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, enti- tled "Zoning," Article E, entitled "Commercial and Business Zones," Section 7, entitled "Cen- tral Business Support Zone (CB-5)," of the City Code be hereby amended by: a. Repealing "Design Provisions" in Sec- tion 14-6E-7H2f. and adding a new Section 14-6E-7H2f to read as follows: f. Areas of blank walls on the street level frontage of a build- ing shall be minimized. At least forty percent (40%) of the length of the street level front- age shall be windows or door- ways. At a minimum, every twelve feet (12') in length of wall shall be articulated by a window, doorway, setback, artwork or change in building material. b. Repealing "Design Provisions" in Sec- tion 14-6E-7H2h and adding Section 14-6E-7H2h to read as follows: h. Driveways between a street and parking area shall be pro- hibited. c. Repealing "Design Provisions" in Sec- tion 14-6E-7H2i, and adding Section 14-6E-7H2i to read as follows: 6q Ordinance No. 94-3660 Page 2 If parking areas are provided on the street level, they shall be subordinate to a permitted use. With the exception of approved yards, a lot shall contain a permitted use for a minimum of the first thirty feet (30') of the lot depth and a minimum of fifty percent (50%) of lot area. 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 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 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 20th day of December,`_1994. AYOR ATTEST: �f• 9[ CITY CL K Ap. , . by .tom _ _ ttorney' Fie / ppddir\cb-5zone.ord 51 Ordinance No. 94-3660 Page 3 It was moved by Throemorton and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz X Kubby Lehman Novick Pigott X Throgmorton First Consideration 12/6/94 Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. NAYS: Lehman. ABSENT: None. Second Consideration 12/13/94 Vote for passage: AYES: Kubby, Novick, Throgmorton, Baker, Horowitz. NAYS: Lehman. ABSENT: Pigott. Date published 12/28/94 • 5� tri rrTa . 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. 94-3660 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of December 19 94 Dated at Iowa City, Iowa, this 10th day of February , 19 95 20441 ie Wahl) Susan Walsh Deputy City Clerk lwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52300.1826 FAX 356-5009 57 OFFICIAL PUBLICATION ORDINANCE NO. 94-3660 • ORDINANCE AMENDING TITLE 14,CHAPTER 6, ENTITLED "ZONING,".CITY CODE, BY REVISING ARTICLE E, ENTITLED "COMMER- CIAL AND BUSINESS ZONES," SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE(CB-5),"TO RESTRICT THE LOCATION OF PARKING, DRIVEWAYS AND GARAGE Printer's fee 5 ENTRANCES, IN THE CB-5, CENTRAL BUSI- NESS SUPPORT ZONE. WHEREAS, the Central Business Support CERTIFICATE OF PUBLICATION Zone,CB-5, is intended to allow for an orderly expansion of the City's Central Business Dis- STATE OF IOWA, Johnson County, ss: trict, to provide for a relatively intense use of THE IOWA CITY PRESS-CITIZEN land, and to enhance a pedestrian friendly streetscape;and FED. ID# 42-0330670 WHEREAS,providing for the effrijent use of land and parking facilities in thus area will allow this type of development;a�t WHEREAS, diminishing opportunities for Margaret Rios, being duly sworn, parking and access to parking along the street level of buildings enhances the streetscape and say that I am the legal clerk of encourages commercial development of the the IOWA CITY PRESS-CITIZEN, street level. NOW,THEREFORE,BE IT ORDAINED BY THE a newspaper published in said CITY COUNCIL OF THE CITY OF IOWA CITY, WA: county, and that a notice, a 1O SECTION I. AMENDMENT. Chapter 6, enti- printed copy of which is hereto tied "Zoning," Article E, entitled "Commercial and Business Zones,"Section 7,entitled"Cen- attached, was published in said tral Business Support Zone(CB-51,"of the City paper ! time(s), on the Code be hereby amended by: a. Repealing "Design Provisions" in Sec- following date(s): tion 14-6E-7H2f. and adding a new Section 14-6E-7H2f to read as follows: y /99f. Areas of blank walls on the // street level frontage of a build- ing shall be minimized. At least forty percent 140%) of the length of the street level front- age shall be windows or door- /7�/�/ T ways. At a minimum, every twelve feet 112'1 in length of Legal Clerk wall shall be articulated by a window, doorway, setback, artwork or change in building Subscribed and sworn to before me material. D` b. Repealing "Design Provisions" in Sec- tionthis 7�I-Pn day of C-CN r , - 14-62h to read and adding Section A.D. 14-6E-7H2h to as follows: h. Driveways between a street 19'?5-7 and parking area shall be pro- hibited. c. Repealing "Design Provisions"din tion Sec- tion- 14-62i to 2e and adding Section 14-6E-7H2i to read as follows: 1:S:7•PAC) \••• Naar,P. blic If parking areas are provided on SHARON STUBBS the street level, theyshall be 2.15-9) .fir A• MY COMMISSION EXPIRES subordinate to a permitted use. - - - With the exception of approved yards, a lot shall contain a permitted use for a minimum of the first thirty feet(30'1 of the lot depth and a minimum of fifty percent(50%)of lot area.' 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 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 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 20th day of December, 1994. AYOR // ` ATTEST:/� 9f• S'/J�/ CITY CL K 10811 December 28,1994 ORDINANCE NO. 94-3661 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment facility system; and WHEREAS, wastewater rates, which were last increased in 1991, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater treatment plants; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 35% for billings on or after March 1, 1995 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: • 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference Minimum Monthly Charge (Includes the First $ 8.50 3-1-95 14-3A-4 200 Cu. Ft. of Water Used) Monthly Charge for Each Additional 100 Cu. Ft. 2.08 3-1-95 14-3A-4 of Water Used Monthly Surcharge BOD (per pound) .18 3-1-95 14-3A-4 SS (per pound) • .13 3-1-95 14-3A-4 Monthly Minimum, Unmetered User 19.18 3-1-95 14-3A-4 Manufactured Housing Park, Monthly Minimum 19.18 3-1-95 14-3A-4 Per Lot 50 Ordinance No. 94-3661 Page 2 Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference Delinquent Sanitary Sewer Service Account Fee $3.00 for each 14-3A-7 water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year Deposit Fee for Combined City Water and/or Sani- 14-3A-7 tary Sewer and/or Solid Waste Collection Accounts Residential account, per combined residen- $ 75.00 tial service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined $100.00 residential service for City water and/or sanitary sewer and/or solid waste collection service Delinquency Deposit Fee for Combined City Water An amount 14-3A-5 and/or Sanitary Sewer and/or Solid Waste Collec- equal to the tion Accounts average month's billing for the delin- quent account 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, to be collected as set forth in §14-3A-4, City Code. Passed and approved this 20th day of December, 1994. /MAYOR CV� ATTEST: �R�cccv-Ae--) 9Kyip✓ CITY CLERK Approved f� City Attorney's Office Date linadmMncrea52.Ord Sc? Ordinance No. 94-3661 Page 3 It was moved by Novi ek and seconded by Lehmen that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration 12/6/94 Vote for passage: AYES: Lehman, Novick, Pigott, Baker, Horowitz. NAYS: Kubby, Throgmorton. ABSENT: None. Second Consideration 12/13/94 Vote for passage: AYES: Horowitz, Lehman, Novick, Pigott, Baker. NAYS: Kubby, Throgmorton. ABSENT: None. Date published 12/28/94 58- • • rn�•n il111ll� � l i Arr.- � 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. 94-3661 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of December 19 94 Dated at Iowa City, Iowa, this 10th day of February , 19 95 . /1� /� V-4 -t1} usan Walsh Deputy City Clerk lwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 fl FAX(719) 356-5009 • OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 94-3661 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES'OF THE CITY CODE,TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY,IOWA. Printer's fee $ .) • /- WHEREAS, pursuant to chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems,including the City's CERTIFICATE OF PUBLICATION wastewater treatment facility system;and STATE OF IOWA, Johnson County, ss: WHEREAS, wastewater rates, which were last increased in 1991, are proposed to be increased to THE IOWA CITY PRESS-CITIZEN generate adequate revenues to pay the costs of operation,maintenance,necessary expansion and debt service for the City's wastewater treatment facilities; and FED. ID# 42-0330670 WHEREAS,the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South It Wastewater Treatment Plant,and to construct a sanitary sewer line to connect the two wastewater Margaret Rios, being duly sworn, treatment plants; and say that I am the legal clerk of WHEREAS,wastewater rates for fees and charges will fund these projects over time;and the IOWA CITY PRESS-CITIZEN, WHEREAS,the Iowa City City Council proposes to increase wastewater user fees by 35%for billings a newspaper published in said on or after March 1, 1995 to finance the necessary improvements. county, and that a notice, a NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: printed copy of which is hereto SECTION I. AMENDMENT. Title 3,Chapter 4,Section 4,entitled"Wastewater Treatment Works User attached, was published in said Charges,"of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges"to read as paper �y / time(s), on the follows: following date(s): 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: tC7 �,� lei e aa-, / 1.9*' Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee,-Charge,Bond, Charge,Bond, Chapter,Article or Fine or Penalty Fine or Penalty Section Reference Minimum Monthly Charge(Includes the First S 8.50 3-1-95 14-3A-4 ( v' 200 Cu. Ft.of Water Used) Monthly Charge for Each Additional 100 Cu.Ft. 2.08 3-1-95 14-3A-4 Legal Clerk of Water Used Monthly Surcharge Subscribed0and sworn to before me BOD(per pound) .18 3-1-95 14-3A-4 this 7`4i day of �� , A.D. SS(per pound) .13 3-1-95 14-3A-4 Monthly Minimum,Unmetered User 19.18 3-1-95 14-3A-4 19"t-ST Manufactured Housing Park,Monthly Minimum 19.18 3-1-95 14-3A-4 y Per Lot , �\�"Q Sanitary Sewer Service Charges; Amount of Fee, City Code Nota r Public Description of Fee,Charge, Bond, Charge,Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference SHARON STUBBS Delinquent Sanitary Sewer Service Account Fee $3.00 for each 14-3A-7 MY COMMISSION EXPIRES water service ow► 24547 account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year Deposit Fee for Combined City Water and/or Sani- 14-3A-7 tary Sewer and/or Solid WasterCollection Accounts Residential account, per combined residen- $75.00 tial service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined $100.00 residential service for City water and/or sanitary sewer and/or solid waste collection service Delinquency Deposit Fee for Combined City Water An amount 14-3A-5 and/or Sanitary Sewer and/or Solid Waste Collec- equal to the tion Accounts average month's billing for the delin- quent account L7 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 suction,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, to be collected as set forth in §14-3A-4,City Code. Passed and approved this 20th day of December, 1994. >,- �-� /MAYOR • ATTEST:22 .i.LN).7C- �.✓t� CIT\ CLERK 10812 December 28,1994 S� KA 'flitl IW III)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. 94-3662 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 19 94 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of December 19 94 , Dated at Iowa City, Iowa, this 10th day of February , 19 95 NILDa41 (Aid) Susan Walsh Deputy City Clerk lwdah.crt CIVIC CENTER • 410 E. WASHINGTON ST. 6 PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 r FAX(319) 356-5009 tt %W 59 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 94-3662 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, RONDO, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY,IOWA. �� -?n WHEREAS, pursuant to chapter 384, Code of Iowa 11993). the City of Iowa City is authorized to 1 Printer's fee $ establish and provide for the collection of rates to pay for the City's utility systems,including the City's water treatment facility system;and CERTIFICATE OF PUBLICATION WHEREAS,water rates,which were last increased in 1991,are proposed to be increased to generate STATE OF IOWA, Johnson County, ss: adequate revenues to pay the costs of operation,maintenance,necessary expansion and debt service for the City's potable water supply and treatment facilities;and THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 WHEREAS,the City of Iowa City is required to comply with federal safe drinking water standards,end is planning to construct a new water supply and treatment facility; and WHEREAS,water rates for fees and charges will fund this major project over time;and Margaret Rios, being duly sworn, WHEREAS,the Iowa City City Council proposes to increase water user fees for consumption up to 200 say that I am the legal clerk of cubic feet by 24%and for consumption over 200 cubic feet by 40%for billings on or after March 1, 1995 to finance the necessary improvements;and the IOWA CITY PRESS-CITIZEN, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: a newspaper published in said county, and that a notice, a SECTION I.AMENDMENT. Title 3,Chapter 4,Section 3,entitled "Potable Water Use and Service," of the City Code is hereby amended by: printed copy of which is hereto a. Repealing in its entirety,the subsection entitled "Meter Deposit"in section 3-4-3. attached, was published in said paper time(s), on the b. Repealing the subsection entitled"Single-Purpose Meter Fee"in Section 3.4-3 and adding a new section entitled "Single-Purpose Meter Fee"to read as follows: following date(s): Meter Size ,47 6- / / (Inches) Deposit Single-Purpose Meter Fee(Nonrefundable) 114-3A-41 %to '/. $ 65.00 '/. 93.00 1 124.00 11/2 265.00 Legal Clerk 2" 364.00 4" 1,331,00 Subscribed and swor�nnt //tt�noo before me 6" 2,583.00 thi7 day of c!!N' A.D. c. Repealing the subsection entitled "Water Service Charges"in Section 3-4-3 and adding a new s , section entitled "Water Services Charges"to read as follows: 19 Q. Water Service Charges 114-3A-41 Meter Size March 1, 1995 / CharInches ge �� /_/ Minimum monthly user charges 6.57 �'� �' for water service for the first 200 / 7.19 Nota Public cubic feet or less of water used, 1 8.49 SHARON STUBBS based on meter size 1%: 16.93 MY COMMISSION EXPIRES 2 • 22.75 •QK� 24547 3 42.04 4 73.35 6 147.62 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a%"meter,regardless of the size. There will be no minimum monthly charge for a single-purpose water meter from November to March for those months during which no water is used. Monthly Usage March 1, 1995 (Cu.Ft.) Charge Monthly user charges for water in 201 to $1.541100 cu. ft. excess of 200 cu.ft.per month for 3,000 cu.ft. dual purpose water meters Over 3,000 1.10/100 cu. ft. Monthly Usage March 1, 7995 Cu.Ft. Charge Single-purpose meter charges for water Over 200 $1.54/100 cu.ft. in excess of 200 cu. ft.per month Returned check/automatic bank debit for $10.00 payment of water services Discount for combined accounts enrolled in 1.00 sure pay,per billing d. Repealing the subsection entitled "Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof'in Section 3-4-3 and adding a new subsection entitled"Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof'to read as follows: Direct Purchase of Water Fee, Per 200 Gallons or 1.00 Fraction Thereof(14.3A-4C) e. Repealing the subsection entitled "Delinquent Water Service Account Fee in Section 3-4-3 and adding a new subsection entitled 'Delinquent Water Service Account Fee'to read as follows: Delinquent Water Service Account Fee(14-3A-7) 3.00 for each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year f. Repealing the subsection entitled"Installation and Connection Fees portion of Fees and Charges for Various Consumer Services' in Section 3-4-3 and adding a new subsection entitled "Installation and Connection Fees portion of Fees and Charges for Various Consumer Services" to read as follows: Installation and Connection Fees Size(Inches) Cost IPer Linear Foot) 6 $18.00 B 20.00 10 24.00 12 29.70 • 16 39.40 g. Repealing the subsection entitled"Fees and Charges for Various Consumer Services in Section 3.4.3 by adding a new subsection entitled "Fees and Charges for Various Consumer Services" to read as follows: Extension of Major Feeder Lines(Oversizinqj Cost is $354.00iacre h. Repealing the subsection entitled "Service Fees portion of Fees and Charges for Various Consumer Services"in Section 3-4-3 and adding a new subsection entitled'Service Fees portion of Fees and Charges for Various Consumer Services"to read as follows: Service Fees Fee During Normal Fee After Normal Working Hours Working Hours Reconnection of discontinued $15.00 $30.00 service Inspection and removal fee for $25.00 Not done after normal disconnecting and removing a working hours single-purpose water meter Service for resetting or reading $15.00 $30.00 water meter or for re-starting service Posting fee for shutting off water $15.00 Not done after normal in collection procedure working hours Fee During Normal Fee Alter Normal Working Hours Working Hours Check leaky water meters No charge No charge Frozen water meters $15.00.plus cost of $30.00, plus cost of meter repair meter repair Shut-off of water service at curb No charge $30.00,plus hourly rate and check for exterior leaks for time over 2 hours Broken hydrant Repair cost 530.00,plus repair Location of water main for other No charge No charge utilities Location of City owned water main No charge $30.00, plus hourly rate for private enterprise for time over 2 hours Check water meter accuracy at $35.00 Not done after normal consumer's request If meter is found to be working hours recording accurately • Annual fire hydrant fee for inspec- $50.00 • Not done after normal lion and operation of fire hydrants working hours which are privately owned or owned by other governmental agencies If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. In addition,when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages,including overtime. The Water Service Division's normal working hours are 8:00 A.M.to 4:30 P.M.daily. 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 arty 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, to be collected as set forth in 514-3A-4, City Code. Passed and approved this 20th day/of December, L994. " AYOR ATTEST:_1 CIT CLERK 10813 December 28,1994 Crd _ ORDINANCE NO. 94-3663 AN ORDINANCE ESTABLISHING AND REGU- LATING THE LOCATION OF ENTRANCE - DRIVES TO PRIVATE PROPERTY ALONG AND ADJACENT TO U.S. HIGHWAY NO. 6 FROM THE WESTERLY CITY LIMITS TO ROCKY SHORE DRIVE IN IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the City Council has deemed it necessary, by addendum to the Preconstruction Agreement for this project, that the City will enact an ordinance establishing the entrance locations along the Highway 6 corridor be- tween Rocky Shore Drive and First Avenue in Coralville; and WHEREAS, the intention of this ordinance is to establish joint access to the public highway from adjacent private property by agreement with property owners; and WHEREAS, preliminary consensus of opinion on drive locations has been achieved and the parties are now ready to proceed with this aspect of the project. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. GENERAL PROVISIONS. (a) PURPOSE: The purpose of this ordinance is to define, establish and regulate the reloca- tion, location, width, use, maintenance and alteration of entrance drives to private property along U.S. Highway No. 6 in Iowa City, Iowa in conjunction with the construction of the High- way No. 6 Fifth Lane Improvement Project for the intention of facilitating the safe and effi- cient flow of motor vehicle traffic along U.S. Highway No. 6 and to and from properties abutting the highway. (b) APPLICATION: This ordinance shall apply to all entrance drives to be relocated and/or constructed as a part of the Highway No. 6 Fifth Lane Improvement Project agreement and to any future entrance drives proposed to be located along the above specified segment of Highway No. 6. (c) EFFECTIVE DATE: The effective date of this ordinance shall be coincidental with the completion of construction of the Highway No. 6 Fifth Lane Improvements Project and comple- tion of the construction and/or reconstruction of entrance drives in conjunction with the (oD Ordinance No. 94-3663 Page 2 project or January 2, 1995, whichever occurs first. (d) AMENDMENTS AND CHANGES: This ordinance or any provisions of this ordinance may be changed or amended by the City Coun- cil, provided that the changes or amendments do not become effective until after a public hearing has been held, and are subject to specific prior written approval of the Chief Engineer/Highway Division Director of the Iowa Department of Transportation. (e) REQUIREMENTS: (1) Whenever possible, entrance drive locations shall be established as a joint access location to serve more than one property own- ership. (2) Entrance drive locations shall be recorded by the City of Iowa City in the John- son County Recorder's office and will be a restriction placed upon the property. All provi- sions of the specified entrance drive location shall be binding upon successors or assigns of the property. (3) The width and radius of the en- trance drives shall conform to the standard details established by final design and attached hereto as Exhibit "A" for reference. (4) If established as a joint access, each respective property shall perpetuate access for the public at large to the adjacent property by maintaining the access way clear of any obstructions, fixtures, vehicles, plant- ings, or other impositions to free and clear use of joint entrance drives. (5) Maintenance and repair of the en- trance drives shall be fully and wholly the responsibility of the adjacent property owners. (f) CONSTRUCTION COSTS: The costs of relocating existing access and/or constructing the access drives at the locations specified in this ordinance will be the responsibility of the City of Coralville under the project grant agree- ment and a separate agreement with the City of Iowa City. The initial costs of any alteration or adjustment of existing parking areas and ac- cess drives and other physical improvements on private property necessary to provide con- nection to the new entrance drive shall also be borne by the City of Coralville. (g) ENFORCEMENT: The construction or alteration of any entrance drive covered under this ordinance without specific prior written Ordinance No. 94-3663 Page 3 approval of the City of Iowa City and the Iowa Department of Transportation shall be subject to change or restoration to conforming condi- tion at the expense of the property owner(s). If changes are not made, the City shall have the authority to contract for the changes and assess the costs of same to the respective owners by certification to the County Treasurer for collection with the payment of real estate taxes. SECTION II. ENTRANCE DRIVE LOCATIONS. The relocation, location, width and type of entrance drive established by this ordinance shall be as defined in Exhibit "A" included herein by reference. SECTION III. CONFLICTS. All ordinances or parts of ordinances not specifically provided for and in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. ADJUDICATION. 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 unconsti- tutional. SECTION V. EFFECTIVE DATE. This ordinance shall be in full force and effect after its pas- sage, approval and publication as required by law. Passed and approved this 20th day of December, 1994. emits, I AYOR �/ / ATTEST: 21/e_ t) 9[• `7iw4.-2// CITY CLERK Approved '-�-`✓"�„s,✓�//-'u-� ty Attorney's Office ///947v nuaganhighwy6.ord Coo TABLE ENTRANCE DRIVE LOCATIONS U.S. HIGHWAY NO. 6 - CORALVILLE, IOWA Entrance Drive Centerline Property Owner Business Location Side Width Use Nancy E. Riley Vacant Lot NO ACCESS TO ROCKY SHORE DRIVE Tom Riley Law Office 28+78 . 6 RT 41' Joint Wig & Pen Thomas D. & Vera L. Lepic Alamo Motel 31+00. 3 RT 28 ' David W. Steckling Trust Solid Rock Christian Church C. Solid Rock Christian Church, Inc. Apartments 33+31. 3 RT 28 ' Joint David W. Steckling Trust Boubin Mufflers & Brakes 35+29 . 6 RT 41 ' Joint Ellis I . Levitt Trust Long John Silvers 36+72 . 9 RT 41' Joint Busse Investments, Inc. Donutland 37+97 . 5 RT 41' Joint Donald J. Goedken, Gregory J. Downes Car Wash and Terri K. Downes ZNM Associates Jiffy Lube 39+95. 4 RT 45 ' Joint Capital Investments of Iowa City Heartland Inn `1OJO, Incorporated Shakey's Pizza & Buffet Capital Investments of Iowa City Heartland Inn 43+87. 3 RT 45 ' Joint Capital Ventures Co. China Gardens State of Iowa University of Iowa 37+97 . 5 LT 28 ' The stationing refers to Primary U.S. Highway No. 6 oiriginal design centerline stationing. EXHIBIT "A" d Ordinance No. 94-3663 Page ! _ It was moved by Kubby and seconded by Baker that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby x Lehman x Novick x Pigott x Throgmorton First Consideration 11/22/94 Vote for passage: AYES: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. NAYS: None. ABSENT: None. Second Consideration 12/13/94 Vote for passage: AYES: Throgmorton, Horowitz, Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: Baker. Date published 12/28/94 (o0 io 64. 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. 94-3663 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of December , 19 94 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of December 19 94 . Dated at Iowa City, Iowa, this 10th day of February , 19 95 . ( LLIC / Susan Walsh Deputy City Clerk lwalsh.crt CIVIC CENTER • 410 E. WASHINGTON ST. % PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 A. _ FAX(319) 356-5009 NOW,THEREFORE,BE IT ORDAINED BY THE SECTION II. ENTRANCE DRIVE LOCATIONS. CITY COUNCIL OF THE CITY OF IOWA CITY, The relocation,'location, width and type of IOWA: entrance drive established by this ordinance SECTION I. GENERAL PROVISIONS. shall be as defined in Exhibit "A" included lel PURPOSE: The purpose of this ordinance herein by reference. is to define, establish and regulate the reloca- SECTION III. CONFLICTS. All ordinances or tion, location, width, use, mainten'nce and parts of ordinances not specifically provided for alteration of entrance drives to private property and in conflict with the provisions of this along U.5:Highway No.6 in Iowa City,Iowa in ordinance are hereby repealed. conjunction with the construction of the High- SECTION IV. ADJUDICATION. If any section, way No. 6 Fifth Lane Improvement Project for provision, or part of this ordinance shall be the intention of facilitating the safe and effi- adjudged to be invalid or unconstitutional,such Printer's fee 7-3 `� /�J tient flow of motor vehicle traffic along U.S. adjudication shall not affect the validity of the Highway No. 6 and to and from properties ordinance as a whole or any section, provision CERTIFICATE OF PUBLICATION abutting the highway. or part thereof not adjudged invalid or unconsti- (b) APPLICATION: This ordinance shall apply tutional. STATE OF IOWA, Johnson County, ss: to all entrance drives to be relocated and/or SECTION V. EFFECTIVE DATE. This ordinance THE IOWA CITY PRESS-CITIZEN constructed as a part of the Highway No. 6 shall be in full force and effect after its pas- Fifth Lane Improvement Project agreement and sage, approval and publication as required by FED. ID# 42-0330670 to any future entrance drives proposed to be law. •located along the above specified segment of Passed and approved this 20th day of Highway No. 6. December, 1994. I, (cy EFFECTIVE DATE: The effective date of Margaret Rios, being duly sworn, this ordinance shall be coincidental with the t-4--f—. d.- /! • r _ completion of construction of the Highway No. :MAYOR- �.r • �/ say that I am the legal clerk Of 6 Fifth Lane Improvements Project and comple- ATTEST: ,2ka.-sue....,--) 9(• R+�� the IOWA CITY PRESS-CITIZEN, of entrance drives intion of the tconjunion ctiion withreconstruction/or CITY CLERK a newspaper published in said project or January 2, 1995, whichever occurs county, and that a notice, a first. (d) AMENDMENTS AND CHANGES: This printed copy of which is hereto ordinance or any provisions of this ordinance attached, was published in said may be changed or amended by the City Coun- cil,P provided that the changes or amendments paper / time(s), on the do not become effective until after a public hearing has been held, and are supject to following date(s): specific prior written approval of the Chief Engineer/Highway Division Director of the Iowa 19 -e-:;-»a ..., J-) /c7"?'/ Department of Transportation. lel REQUIREMENTS: 11l Whenever possible,entrance drive locations shall be established as a joint access location to serve more than one property� own- �7 own- .---) ership. shall —7/lel/Lc; �x .,..,.'7-6,o--a- �'6 4 recordedby(2) the C tyeof Iowa City indrive s the Johne Legal Clerk son County Recorder's office and will be a Subscribed and sworn to before me OFFICIAL PUBLICATION restriction placed upon the property. All provi- this day of c ' , A.D. sions of the specified entrance drive location shall be binding upon successors or assigns of 19 c-/-4-.- the property. (3) The width and radius of the en- ,a/U9 : I / / trance drives shall conform to the standard details established by final design and attached hereto as Exhibit"A" for reference. (4) If established as a joint access, blit each respective property shall perpetuate '' ': SHARON STUBBS access for the public at large to the adjacent MY COMMISSION EXPIRES property by maintaining the access way clear 2-15-97 of any obstructions, fixtures, vehicles, plant- a ings,or other impositions to free and clear use of joint entrance drives. f5) Maintenance and repair of the en- ,—,--- OFFICIAL PUBLICATION n- OFFICIALPUBLICATION trance drives shall be fully and wholly the responsibility of the adjacent property owners. ORDINANCE NO. 94-3663 (f) CONSTRUCTION COSTS: The costs of -AN ORDINANCE ESTABLISHING AND REGU- relocating existing access and/or constructing LATING THE LOCATION OF ENTRANCE the access drives at the locations specified in DRIVES TO PRIVATE PROPERTY ALONG AND this ordinance will be the responsibility of the ADJACENT TO U.S. HIGHWAY NO. 6 FROM City of Coralville under the project grant agree- THE WESTERLY CITY LIMITS TO ROCKY ment and a separate agreement with the City SHORE DRIVE IN IOWA CITY, JOHNSON of Iowa City. The initial costs of any alteration COUNTY, IOWA. or adjustment of existing parking areas and ac- cess drives and other physical improvements WHEREAS, the City Council has deemed it on private property necessary to provide con- necessary,by addendum to the Preconstruction nection to the new entrance drive shall also be Agreement for this project, that the City will borne by the City of Coralville. enact an ordinance establishing the entrance Igl ENFORCEMENT: The construction or locations along the Highway 6 9orridor be- alteration of any entrance drive covered under tween Rocky Shore Drive and First Avenue in this ordinance without specific prior written Coralville; and approval of the City of Iowa City and the Iowa WHEREAS,the intention of thi nce is Department of Transportation shall be subject to establish joint access to the pu ighway to change or restoration to conforming condi- from adjacent private property by reement tion at the expense of the property owner(s). with property owners;and If changes are riot made, the City shall have WHEREAS,preliminary consensus of opinion the authority to contract for the changes and on drive locations has been achieved and the assess the costs of same to the respective parties are now ready to proceed with this owners by certification to the County Treasurer aspect of the project. for collection with the payment of real estate taxes. 7/27) • OFFICIAL PU IciCATION TABLE • ENTRANCE DRIVE LOCATIONS i., U.S. HIGHWAY NO. 6-CORALVILLE, IOWA Entrance Drive Centerline property Owner Business __ Location Side Width Use Nancy E. Riley Vacant Lot NO ACCESS TO ROCKY SHORE DRIVE Tom Riley Law Office 28+78.6 PT 41' Joint Wig & Pen Thomas D. & Vera L. Lepic Alamo Motel 31+00.3 RT 28' David W. Steckling Trust Solid Rock Christian Church C. Solid Rock Christian Church, Inc. Apartments 33+31.3 RT 28' Joint David W. Steckling Trust Boubin Mufflers I Brakes 35+29.6 RT 41' Joint Ellis I. Levitt Trust Long John Silvers 36+72.9 RT 41' Joint Busse Investments, Inc. Donutland 37+97.5 RT 41' Joint Donald J. Goedken, Gregory J. Downes Car Wash and Terri H. Downes ZNM Associates Jiffy Lube 39+95.4 RT 45' Joint Capital Investments of Iowa City Heartland Inn MOJO, Incorporated Shakey's Pizza & Buffet Capital Investments of Iowa City Heartland Inn 43+87.3 RT 45' Joint Capital Ventures Co. China Gardens State of Iowa University of Iowa 37+97.5 LT 28' The stationing refers to Primary U.S. Highway No. 6 oiriginal design centerline stationing. EXHIBIT "A" 10814 December 28,1994 Z) rel (3(C.-- ORDINANCE !�ORDINANCE NO. 94-3662 • ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to chapter 384, Code of Iowa (1993), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water treatment facility system; and WHEREAS, water rates, which were last increased in 1991, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility; and WHEREAS, water rates for fees and charges will fund this major project over time; and WHEREAS, the Iowa City City Council proposes to increase water user fees for consumption up to 200 cubic feet by 24% and for consumption over 200 cubic feet by 40% for billings on or after March 1, 1995 to finance the necessary improvements; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: a. Repealing in its entirety, the subsection entitled "Meter Deposit" in section 3-4-3. b. Repealing the subsection entitled "Single-Purpose Meter Fee" in Section 3-4-3 and adding a new section entitled "Single-Purpose Meter Fee" to read as follows: Meter Size finches) Deposit Single-Purpose Meter Fee (Nonrefundable) (14-3A-4) 6/6 to 34 $ 65.00 93.00 1 124.00 1 '/z 265.00 2" 364.00 4" 1,331 .00 6" 2,583.00 c. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and adding a new section entitled "Water Services Charges" to read as follows: 55 Ordinance No. 94-3662 Page 2 Water Service Charges (14-3A-4) Meter Size March 1, 1995 (Inches) Charge Minimum monthly user charges 6A $ 6.57 for water service for the first 200 'A< 7.19 cubic feet or less of water used, 1 8.49 based on meter size 1 '/z 16.93 2 22.75 3 42.04 4 73.35 6 147.62 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a %" meter, regardless of the size. There will be no minimum monthly charge for a single-purpose water meter from November to March for those months during which no water is used. Monthly Usage March 1, 1995 /Cu. Ft.) Charge Monthly user charges for water in 201 to $1.54/100 cu. ft. excess of 200 cu. ft. per month for 3,000 cu. ft. dual purpose water meters Over 3,000 1.10/100 cu. ft. Monthly Usage March 1, 1995 (Cu. Ft.) Charge Single-purpose meter charges for water Over 200 $1.54/100 cu. ft. in excess of 200 cu. ft. per month Returned check/automatic bank debit for $10.00 payment of water services Discount for combined accounts enrolled in 1.00 sure pay, per billing d. Repealing the subsection entitled "Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof" in Section 3-4-3 and adding a new subsection entitled "Direct Purchase of Water Fee, Per 200 Gallons or Fraction Thereof" to read as follows: Direct Purchase of Water Fee, Per 200 Gallons or 1.00 Fraction Thereof (14-3A-4C) sy Ordinance No. 94-9662 Page 3 e. Repealing the subsection entitled "Delinquent Water Service Account Fee in Section 3-4-3 and adding a new subsection entitled "Delinquent Water Service Account Fee" to read as follows: Delinquent Water Service Account Fee (14-3A-7) 3.00 for each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year f. Repealing the subsection entitled "Installation and Connection Fees portion of Fees and Charges for Various Consumer Services" in Section 3-4-3 and adding a new subsection entitled "Installation and Connection Fees portion of Fees and Charges for Various Consumer Services" to read as follows: Installation and Connection Fees Size (Inches) Cost (Per Linear Foot) 6 $18.00 8 20.00 10 24.00 12 29.70 16 39.40 g. Repealing the subsection entitled "Fees and Charges for Various Consumer Services in Section 3-4-3 by adding a new subsection entitled "Fees and Charges for Various Consumer Services" to read as follows: Extension of Major Feeder Lines (Oversizinq) Cost is $354.00/acre h. Repealing the subsection entitled "Service Fees portion of Fees and Charges for Various Consumer Services" in Section 3-4-3 and adding a new subsection entitled "Service Fees portion of Fees and Charges for Various Consumer Services" to read as follows: Service Fees Fee During Normal Fee After Normal Working Hours Working Hours Reconnection of discontinued $15.00 $30.00 service Inspection and removal fee for $25.00 Not done after normal disconnecting and removing a working hours single-purpose water meter Service for resetting or reading $15.00 $30.00 water meter or for re-starting service Posting fee for shutting off water $15.00 Not done after normal in collection procedure working hours Sj Ordinance No. 94-9662 Page 4 Fee During Normal Fee After Normal Working Hours Working Hours Check leaky water meters No charge No charge Frozen water meters $15.00, plus cost of $30.00, plus cost of meter repair meter repair Shut-off of water service at curb No charge $30.00, plus hourly rate and check for exterior leaks for time over 2 hours Broken hydrant Repair cost $30.00, plus repair Location of water main for other No charge No charge utilities Location of City owned water main No charge $30.00, plus hourly rate for private enterprise for time over 2 hours Check water meter accuracy at $35.00 Not done after normal consumer's request - If meter is found to be working hours recording accurately Annual fire hydrant fee for inspec- $50.00 Not done after normal tion and operation of fire hydrants working hours which are privately owned or owned by other governmental agencies If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The Water Service Division's normal working hours are 8:00 A.M. to 4:30 P.M. daily. 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, to be collected as set forth in §14-3A-4, City Code. Passed and approved this 20th day of December, 1994. AYOR (. ATTEST: a4ca.n 7 7(• 7 CITY CLERK Ordinance No. 94-3662 Page 5 Appjoved • b • d ria /a -9- 9<f ity Attorney's Office Date Iinadm\Increase.crd 57 Ordinance No. 94-9662 Page 6 It was moved by Novick and seconded by T.nhman that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker Horowitz Kubby x Lehman x Novick Pigott Throgmorton First Consideration 12/6/94 Vote for passage:AYES: Novick, Pigott, Baker, Horowitz, Lehman. NAYS: Throgmorton, Kubby. ABSENT: None. Second Consideration 12/13/94 Vote for passage: AYES: Lehman, Novick,Pigott, Baker, Horowitz. NAYS: Kubby, Throgmorton. ABSENT: None. Date published 12/28/94 s9