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Home My WebLink About2009-02-24 Ordinance-4-9 5b Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08- 00012) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) WHEREAS, the applicant, Three Bulls LLC, has requested a rezoning of property located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5-7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies this property as appropriate for townhouse development; and WHEREAS, the applicant has proposed townhouse-style, multi-family buildings and has clustered the buildings along First Avenue in order to provide a rear lane for vehicle access and to reserve a large portion of the lot as shared open space with recreational amenities for the residents of the development; and WHEREAS, certain variations from the underlying zoning and subdivision requirements are necessary to allow multi-family buildings and clustered development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Plan provided that it meets conditions related to buffering the park from urban development and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant/ owner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property as an OPD-8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. The lot dimension and lot width standards set forth in Iowa City Ordinance 14-2A-4(A) that otherwise would be required if these were individual lots in the RS-8 zone are hereby waived pursuant to Ordinance 14-3A-4(E) and 14-3A-4(K) in order to facilitate the development of the proposed townhouse-style Multi-Family Use units and to allow the units to be clustered together to provide shared open space and recreational amenities for the residents of the development. 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 the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Ordinance No. Page 2 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. MAYOR ATTEST: CITY CLERK Approved by ~lLCQ 5~~~ City Attorney's Office a~~ ~/~, Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/24/2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. .ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Plum Grove Acres, Inc., (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design and building elevations, vehicular access, landscaping and common open space and amenities to serve the residents of the development, the requested OPD-8 zone is appropriate in this location to allow atownhouse-style development; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadMagVrez08-00012 cza hickory Vail.doc CITY OF IOWA CITY Regenia Bailey, Mayor PLUMG~VE ACMES, I~ --_.__ By: Attest: Marian K. Karr, City Clerk By: Approved by: a_.- ~~~ City Attorney's Office a ~r1 d ~ CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2009, by Regenia Bailey and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa PLUM GROVE ACRES, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged befRre me on ~~~-~~(~ 2009, by t!i''(~,nK ~~ (~ (name), as the 1~ ~ - . (title) of Plum Grove Acres, Inc. l KIRSTEN W~R~1F~ Commission Number 1$0258 My Commission Explte8 July 12, 2010 _„ Public in and for the state of Iowa ppdadm/agUrez08-00012 cza hickory Vail.doc 3 ~~!',h~,E~' W CCC ~~. 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Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Plum Grove Acres, Inc., (hereinafter "Owner"); WHEREAS, Owner is the le al title holder of ap oximately 2.97 acres of property located at the northwest corner of First Av nue and Hickory Tra I; and WHEREAS, the Owner has r quested the rezo ing of said property from Low Density Single Family (RS-5) zone to Planne Development verlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Planning and Zo ing Co mission has determined that, with appropriate conditions regarding site design an buildi g elevations, vehicular access, landscaping and common open space and amenities to se the residents of the development, the requested OPD-8 zone is appropriate in this locatio t allow atownhouse-style development; and WHEREAS, Iowa Code §414.5 (2007) p ovides that the City of Iowa City may impose reasonable conditions on granting an a pli nt's rezoning request, over and above existing regulations, in order to satisfy public nee s cau ed by the requested change; and WHEREAS, the Owner acknowledges at certai conditions and restrictions are reasonable to ensure the development of the prop y is consis nt with the Comprehensive Plan and the vision for the Bluffwood Neighborhoo as expressed the Northeast District Plan; and WHEREAS, the Owner agrees to evelop this prop yin accordance with the terms and conditions of a Conditional Zoning reement. NOW, THEREFORE, in conside tion of the mutual pro 'ses contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally descr'i,~ed as follows: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PA ONE, IOWA CITY, IOWA, IN ACCORDANCE ITH THE PLAT THEREOF RECORD IN BOOK 23, AT PAGE 78, IN THE REC RDS OF THE JOHNSON COUNTY ECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. 2. The Owner ackn ledges that the City wishes to ensure conformance to the principles of the Comprehe sive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agUrez08-00012 cza hickory trail.doc a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, and the south elevation approved by the Planning and Zoning Commission, attached and incorporated herein, which demonstrate variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up them !ss of the buildings and ensure compatibility wi h the character of the surroundin neighborhood, including single- family areas wit in the neighborhood. Any substa tial deviation from the submitted elevations shall r quire approval by the Planning nd Zoning Commission. c. Staff approval of a etailed plan for the propose shared open space, including site design, grading, ma rials, and specifications s owing durable and architecturally and environmentally ompatible amenities, ccess, and landscaping. Staff's decision regarding appr val the plan may be pealed to the Planning and Zoning Commission. d. All landscaping (trees and rubs) must co ply with the species list provided by Johnson County Heritage Tru or similar lis from the Iowa State extension. e. The driveway location must me t code re irements or the applicant must secure a minor modification to allow loc tion of a north driveway within 25 feet of the property line. 4. The Owner and City acknowledge that the conditions to impose on the land under conditions satisfy public needs that are caul itions contained herein are reasonable Code §414.5 (2007), and that said the requested zoning change. 5. The Owner and City acknowledge that i the eve the subject property is transferred, sold, redeveloped, or subdivided, all re evelopment ill conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this C nditional Zoning Agr~ement shall be deemed to be a covenant running with the land a d with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or un 'I released of record by the City of Iowa City. The parties further acknowledgethat this agreement shall inure the benefit of and bind all successors, representative ,and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional ZoninJ Agreement shall be construed to relieve the caner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 20 ppdadmlagUrez08-00012 cza hickory lrail.doc 2 CITY OF IOWA CITY PLUM GROVE ACRES, INC. Regenia Bailey, Mayor Attest: Marian K. Karr, City Clerk Approved by:.~~-/~~ ~ City Attorney's Office ~~jp ~ CITY OF IOWA CITY ACKNOWL STATE OF IOWA ) ss: JOHNSON COUNTY ) _ By. By. ~ l~~~a~c-,,/ MENT: This instrument was acknowledged before eon Bailey and Marian K. Karr, who did say that the are City of Iowa City; that the seal affixed thereto is he instrument was signed and sealed on behalf of s 'd Council; and that the said Mayor and City Clerk as of said instrument to be the voluntary act and e voluntarily executed. 2009, by Regenia Mayor and City Clerk, respectively, of the gal of said municipal corporation; that said unicipal corporation by authority of its City ~ officers acknowledged that the execution I of said corporation, by it and by them Public i1Q and for the State of Iowa PLUM GROVE ACRES, INC. ACKN STATE OF IOWA ) ss: JOHNSON COUNTY ) EMENT: This instrument was acknowled d before me on (name) as the Inc. 2009, by of Plum Grove Acres, Notary Public in and for the State of Iowa ppdadm/agt/rez08-00012 cza hickory trail.doc 3 Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Plum Grove Acres, Inc., (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of p operty located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner ha requested the rezoning of said property om Low Density Single Family (RS-5) zone to Plan ed Development Overlay Medium Densi Single Family (OPD-8) zone; and WHEREAS, the Planning and oning Commission has deter Ined that, with appropriate conditions regarding site design nd building elevations, vehic ar access, landscaping and common open space and amenitie to serve the residents of t e development, the requested OPD-8 zone is appropriate in this loc ion to allow a townhouse tyle development; and WHEREAS, Iowa Code §414.5 (200 provides that the City of Iowa City may impose reasonable conditions on granting an a licant's rezonin request, over and above existing regulations, in order to satisfy public needs aused by the r quested change; and WHEREAS, the Owner acknowledges that ce ain condi Ions and restrictions are reasonable to ensure the development of the property is co sisten with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as expres ed i the Northeast District Plan; and WHEREAS, the Owner agrees to develop this ~Operty in accordance with the terms and conditions of a Conditional Zoning Agreement. / \ NOW, THEREFORE, in consideration of the mutual romises contained herein, the parties agree as follows: 1. Owner is the legal title holder of th property legally escribed as follows: LOTS 39, 40, AND 41 OF FIR AND ROCHESTE PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH TH PLAT THEREOF REC RDED IN BOOK 23, AT PAGE 78, IN THE RECORDS F THE JOHNSON CO TY RECORDER'S OFFICE, CONTAINING 2.97 ACRE ,AND SUBJECT TO EASE ENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowled es that the City wishes to ensure co ormance to the principles of the Comprehensiv Plan. Further, the parties acknowledg that Iowa Code §414.5 (2007) provides that he City of Iowa City may impose reasonabt conditions on granting an applicant's rez Wing request, over and above the existing regulations, in order to satisfy public ne s caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that developmenC of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agUrez08-00012 cza hickory Vaii.doc 1 a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, and the south elevation approved by the Planning and Zoning Commission, attached and incorporated herein, which demonstrate variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up the mass of the buildings and ensure compatibility v~ith the character of the surrounding neighborhood, including single- family areas wi in the neighborhood. Any substantial deviation from the submitted elevations shall r uire approval by the Planning and Zoning Commission. c. Staff approval of a tailed plan for the proposed shared open space, including site design, grading, mat rials, and specifications showin durable and architecturally and environmentally ompatible amenities, acces and landscaping. StafFs decision regarding app val the plan may be appe d to the Planning and Zoning Commission. d. All landscaping (trees an shrubs) must comply ith the species list provided by Johnson County Heritage T st or similar list fro the Iowa State extension. e. The driveway location must eet code requir ents or the applicant must secure a minor modification to allow ocation of the north driveway within 25 feet of the property line. 4. The Owner and City acknowledge tha conditions to impose on the land u conditions satisfy public needs that are ~iitions contained herein are reasonable va Code §414.5 (2007), and that said by the requested zoning change. 5. The Owner and City acknowledge that in sold, redeveloped, or subdivided, all red Conditional Zoning Agreement. event the subject property is transferred, ~ment will conform with the terms of this 6. The parties acknowledge that this Con itional Wing Agreement shall be deemed to be a covenant running with the land and ith title t the land, and shall remain in full force and effect as a covenant with title t the land, u ess or until released of record by the City of Iowa City. The parties further acknowledge t at this agreemen all successors, representatives, nd assigns of the I 7. The Owner acknowledge(s) t at nothing in this Co construed to relieve the O er or Applicant from local, state, and federal re lations. 8. The parties agree that his Conditional Zoning ~ reference into the ordi ance rezoning the subject ~ publication of the or finance, this agreement shall Recorder's Office the Applicant's expense. Dated this day hall inure to the benefit of and bind nal Zoning Agreement shall be plying with all other applicable ,gree ent shall be incorporated by rope y, and that upon adoption and be recorded in the Johnson County 20 ppdadm/agUrez08-00012 cza hickory Vail.dac 2 CITY OF IOWA CITY Regenia Bailey, Mayor Attest: Marian K. Karr, Clerk Approved by: ~ - City Attorney's Office ~ CITY OF IOWA CITY ACI !1/v 9 OWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) PLUM GROVE ACRES, INC. By: By: This instrument was acknowledged efore me on Bailey and Marian K. Karr, who did say at they are City of Iowa City; that the seal affixed th reto is the instrument was signed and sealed on beh f of said Council; and that the said Mayor and City CI rk as of said instrument to be the voluntary act d e voluntarily executed. / 2009, by Regenia Mayor and City Clerk, respectively, of the al of said municipal corporation; that said anicipal corporation by authority of its City ~ officers acknowledged that the execution of said corporation, by it and by them blic in and for the State of Iowa PLUM GROVE ACRES, INC. ACKNOWLED STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged (name), as Inc. ENT' me on 2009, by of Plum Grove Acres, Notary Public in and for thd~State of Iowa ppdadm/agtlrez08-00012 cza hickory trail.doc 3 ~+ p ~~~~~~F $ €~~v ggg ~33 Z ~ W i Z ~ H ~ ~A ~• V '~ $ aN~ °ii $€'~ ° ~ol U ~ ~~ i ~ ts tm ° ~ °~d 4 f6 ~ ~~c f~ ~[[~ to O O Uy p Y ¢za p t ~ t S E~~ H L~ Z ~~ ~ DPR~3 ~ wfgG k ~ ~ ~~~ ~ iii' ; , , ,~l~ €e ~ 4peeM%e~ $e~. ill I ~ ' a. 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P V :° `'~ ~ a '--~ xn~ vi6- - i-a • DE N • ELE DnTC~ OV2'~/2009 ¢G~oCNTU~. uGUf CmfL¢cu~ov-<f'TMG D D¢nWN 6Y' ~t ' pmt TRCC ~imvn ~ sz7ss • citcYLO ~Y. CDbt 6-FLEX ~ ~, ~~ G¢OSCT N~.AG¢~ a6lgGSZ oc~4nccu.F.Nr.w~irwtT PRELIMINARY PLAN ONLY- NOT FOR GONSTRUGTION S~ Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Three Bulls, LLC, (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of pr perty located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the O ner has requested the rezoning of said property fro Low Density Single Family (RS-5) zone o Planned Development Overlay Medium Density Ingle Family (OPD-8) zone; and WHEREAS, the Plannin and Zoning Commission has determin d that, with appropriate conditions regarding sited ign and building elevations, vehicul access, landscaping and common open space and am ities to serve the residents of the development, the requested OPD-8 zone is appropriate in thi location to allow atownhouse-s le development; and WHEREAS, Iowa Code §414.5 007) provides that the ity of Iowa City may impose reasonable conditions on granting a applicant's rezoning equest, over and above existing regulations, in order to satisfy public ne ds caused by the re uested change; and WHEREAS, the Owner acknowledges tha certain conditi ns and restrictions are reasonable to ensure the development of the property is consistent ith the Comprehensive Plan and the vision for the Bluffwood Neighborhood as exp ssed in a Northeast District Plan; and WHEREAS, the Owner agrees to develop this pr perty in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the to promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the py6perty legall~described as follows: LOTS 39, 40, AND 41 OF FIRST ND ROCHESTE ,PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE P T THEREOF RE ORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF HE JOHNSON CO NTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, D SUBJECT TO EAS ENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledge that the City wishes to ensure c formance to the principles of the Comprehensive Ian. Further, the parties acknowled a that Iowa Code §414.5 (2007) provides that t e City of Iowa City may impose reasons le conditions on granting an applicant's rezo )ng request, over and above the existing egulations, in order to satisfy public nee s caused by the requested change. 3. In consider lon of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agUrez08-00012 cza hickory Pointe (3).doc 1 a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the layout, including the location and size of the buildings, the landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding layout, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. b. Substantial compliance with the building elevations submitted February 5, 2009, attached and incorporated herein, which demonstrate variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; color; and window pattern in order to break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single- family areas within the neighborhood. Any substantial deviation from the submitted elevations shall require approval by the Planning and Zoning Commission. c. Staff approval of a detailed plan for the proposed shared open space, including site design, grading, materials, and specifications showing durable and architecturally and environmentally compatible amenities, access, and landscaping. Staff's decision garding approval the plan may be appealed to the Planning and Zoning Commissio . d. All landscape (trees and shrubs) must co ply with the species list provided by Johnson Coun Heritage Trust or similar list rom the Iowa State extension. e. The driveway to tion must meet code req rements or the applicant must secure a minor modificati to allow location of t e north driveway within 25 feet of the property line. 4. The Owner and City acknowl dge that the nditions contained herein are reasonable conditions to impose on the nd under owa Code §414.5 (2007), and that said conditions satisfy public needs th are ca ed by the requested zoning change. 5. The Owner and City acknowledge t tin the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that the Conditio al Zoning Agreement shall be deemed to be a covenant running with the la and with ti a to the land, and shall remain in full force and effect as a covenant wit itle to the Ian unless or until released of record by the City of Iowa City. The parties further ackno ledge that this agreeme t shall inure to the benefit of and bind all successors, represe atives, and assigns of the arties. 7. The Owner acknowl dge(s) that nothing in this Con ' Tonal Zoning Agreement shall be construed to reliev the Owner or Applicant from co plying with all other applicable local, state, and f deral regulations. 8. The parties ree that this Conditional Zoning Agreeme shall be incorporated by reference i o the ordinance rezoning the subject property, and that upon adoption and publicatio of the ordinance, this agreement shall be recorded in the Johnson County Record is Office at the Applicant's expense. Dated this day of , 20 ppdadm/agUrez08-00012 cza hickory traiLdoc 2 Regenia Bailey, Mayor Attest: Marian K. Karr, City Clerk By: By: Approved by: ~-s-~-s-`- ~1~-~,~,- ~'~,~/~~'~°-~'-~ City Attorney's Office zl~yl~9 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2009, by Regenia Bailey and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal orporation by authority of its City Council; and that the said Mayor nd City Clerk as such officer acknowledged that the execution of said instrument to be the volu tary act and deed of sa' corporation, by it and by them voluntarily executed. Notary Publ~ in and for the State of Iowa LIMITED LIABILITY COMPANY ACKNOWL~FDGEM~NT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged be (name), as the 2009, by of Three Bulls, LLC. 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I 'I ~\ \ \~ ___1'~/////// Yg4 ~3ra ~~3 ~y$ l~rrcN1~N®c1N~l^+~,~,v5i~~o __ zs9W9o ~~~WnN l~~ro~d • ~a~ ~sa~~ ii 4LL~+~zso`y~ V ~ 4~4~7.6z9• (~4 ~.ylvy~ Way ~,1~ a~~o~Ro • ~ maa`je%~~ a LL ~ • .Z ssLzs • C/n\0~ • ~~zl ~,ND~ Wa.7 J,9 N/~~v?J4 o c s ~ ~ W ~ . 5widvao ~vuz~~vo~ 1RSn ~vilN~ac~a . • 6ooz/~zn0 Alva nm w;;~~g~P;oi~ao •~'1 ~W~~~• 5i~~a• N N .o-i=.~n ~~v~~ ~~~~w~3~g~~~ ~o~m~a„a:~~e ~oil~n~ls~o~ ~o~ ~.o~ -,~-~t~o ~~~~ ~~~~i~i~~~~ F ~ ~ ,OI-,9 al „O~-,9 „wl',6 „wi-,s Z 0 a: ~~~ M~ . I $1 yl'~ ~ it 1 I off'' .01-,9 iy ' ~ .01:9 i -~i is i i__,m~,,,a;,~; i ' {Ir,e a .I~i ' ,.o=,e ,a~ ~ of $I tLlnem~u~a~ho~ 1 ~'1 Ial 11--~*a.aa~~o~ ~R h - 4 ~+ s~, Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08- 00012) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) WHEREAS, the applicant, Three Bulls LLC, has requested a rezoning of property located northwest of the intersection of First ;Avenue and Hickory Trail from Low Density Single Family (RS-5) zone to Planned Development Overlay Medium Density Single Family (OPD-8) zone; and WHEREAS, the Comf~rehensive Plan's design guidelines for new neighborhpods emphasize efficient and compact design with densities of 5-7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies this property as ,appropriate for townhouse development; and % WHEREAS, the applicant has proposed townhouse-style, multi-family uildings and has clustered the buildings along First Avenue in order to provide a rear lane for vehicle a ess and to reserve a large portion of the lot as shared open space with recreational amenities for the resi nts of the development; and WHEREAS, certain variations from the underlying zoning and su division requirements are necessary to allow multi-family buildings and clustered development; and WHEREAS, the Planning and Zoning Commission has the r iewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Pla provided that it meets conditions related to buffering the park from urban development and compliance ith all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2007) provid that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, er and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant/ owner acknowledge hat certain conditions and restrictions are reasonable to ensure that development of this properly as an O D-8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in ff`ie Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS-5) zon~ to Planned Development Overlay Medium Density Single Family (OPD-8) zone: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. The lot dimension and lot width standards set forth in Iowa City Ordinance 14-2A-4(A) that otherwise would be required if these were individual lots in the RS-8 zone are hereby waived pursuant to Ordinance 14-3A-4(E) and 14-3A-4(K) in order to facilitate the development of the proposed townhouse-style Multi-Family Use units and to allow the units to be clustered together to provide shared open space and recreational amenities for the residents of the development. 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 the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be ~' , ,.~,, - - ~ '~-~ 1~ ~~. r~ ,~ ti Ordinance No. Page 2 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. DRAFT Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, wa City, IA 52240; 319-356-5239 (REZ08- 00012) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION. OF FIRST AVENUE AND HICKORY RAIL FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE TO`PLANNED DEVELOPMENT OVERLA ,MEDIUM DENSITY SINGLE FAMILY (OPD-8) . (REZ08-00012) WHEREAS, the pplicant, Three Bulls LLC, has r quested a rezoning of property located northwest of the intersection of Fir Avenue and Hickory Trail fro Low Density Single Family (RS-5) zone to Planned Development Overlay dium Density Single Family PD-8) zone; and WHEREAS, the Com rehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with de ities of 5-7 dwelling u its per acre; WHEREAS, the Northe t District Plan i entifies this property as appropriate for townhouse development; and WHEREAS, the applicant has ropo: buildings along First Avenue in orde to I portion of the lot for shared open space, WHEREAS, certain variations from t allow multi-family buildings and clustered c WHEREAS, the Planning and Zoning and determined that it complies with the buffering the park from urban developrr development overlay ;and WHEREAS, Iowa Code Section 41 .! conditions on granting an applicant's r of public needs caused by the rezoning r qu rehouse-style, multi-family buildings, and has clustered the all vehicle access from a rear lane and to reserve a large ing zoning and subdivision requirements are necessary to ent; and >ion has the reviewed the proposed rezoning and site plan iensive Plan provided that it meets conditions related to compliance with the general standards for the planned (2005) pro ides that the City of Iowa City may impose reasonable ng request, ver and above existing regulations, in order to satisfy st: and WHEREAS, the applicant an owners acknowled that certain conditions and restrictions are reasonable to ensure that develop nt of this property as a OPD-8 zone complies with the Comprehensive Plan's vision for the Bluffwood Nei boyhood as described in t Northeast District plan.; NOW, THEREFORE, BE IT OR AINED BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. roperty described below is here y reclassified from its current zoning designation of Low Density Si le Family Residential (RS-5) zone to tanned Development Overlay Medium Density Single Family (OPD- zone: LEGAL DESCRIPTION LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE W H THE PLAT THEREOF RECORDED IN BOOK 23, T PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINI 2.97 ACRES, AND 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 bylaw. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the ~Y ~~ "S~ ~~" ~ ~ ~ J _. Ordinance No. Page 2 office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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 Or Hance 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 afte its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Send to City Attorney's ffice for proval _Copy to City Clerk Email to Documen ervices DRAFT Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, municipal corporation (hereinafter "City"), and Three Bulls, LLC, (hereinafter "Owner"); WHEREAS, Owner is the legal title holder of approximately 2.97 a es of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, the Owner has r uested the rezoning of said operty from Low Density Single Family (RS-5 zone to Planned velopment Overlay Medi Density Single Family (OPD-8) zone; and WHEREAS, the Planning and Zoning Commission h s determined that, with appropriate conditions regarding site design and bul ing elevati s, vehicular access, landscaping and preservation of the open of shared space, he requ sted OPD-8 zone is appropriate in this location to allow the townhouse-style develop ent; d WHEREAS, Iowa Code §414.5 (2005) provid that the City of Iowa City may impose reasonable conditions on granting an applica s ezoning request, over and above existing regulations, in order to satisfy public needs ca ed b the requested change; and WHEREAS, the Owner acknowledges that ertain cony ensure the development of the property is consistent Near Southside Neighborhood; and WHEREAS, the Owner agrees to conditions of a Conditional Zoning f evelop this property ~eement. NOW, THEREFORE, in cons agree as follows: s and restrictions are reasonable to ~ the Comprehensive Plan and the accordance with the terms and of the mutual promi 1. Owner is the legal titleholder of the property legally contained herein, the parties bed as follows: LOTS 39, 40, AND 41 OF FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 23, AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. ppdadm/agtlrez08-00017 cza hickory trail.doc 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Concept Plan dated January 9, 2009, attached and incorporated herein, with regard to the location and size of the buildings, landscaping, and rear access drive. Any substantial deviation from the Concept Plan regarding site design, landscaping, or drive placement shall require approval by the Planning and Zoning Commission. All other changes shall be approved by City Staff. b. Building elevations in compliance with the elevations submitted Fe uary 5, 2009, which demonstrate variation in facade materials, roofline, color materials, and window pattern i order to break up the mass of the buil ngs and ensure compatibility with th character of the surrounding neighborh d, including those areas that are predo 'nantly single family in character. Any substantial deviation from the submitted ele tions shall require approval by th Planning and Zoning Commission. c. Staff approval of a detailed an for the proposed shared pen space, including site design, grading, materials, a specifications showin durable and architecturally or environmentally compatible amenities, access, d landscaping. The Staff's decision regarding the plan y be appealed o the Planning and Zoning Commission. d. All landscaping (trees and shrubs) ust compl with the species list provided by Johnson County Heritage Trust or si 'lac list fr the Iowa State extension. e. The Applicant must secure a minor odifi ation to allow location of the north driveway within 25 feet of the property li e. 4. The Owner and City acknowledge that the con itions contained herein are reasonable conditions to impose on the land and Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are used by he requested zoning change. 5. The Owner and City acknowledge at in the eve t the subject property is transferred, sold, redeveloped, or subdivided II redevelopme twill conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge th t this Conditional Zonin Agreement shall be deemed to be a covenant running with t e land and with title to th land, and shall remain in full force and effect as a covena with title to the land, unle s or until released of record by the City of Iowa City. The parties further acknowledge that this agreeme shall inure to the benefit of and bind all successors, r presentatives, and assigns of the arties. 7. The Owner ac nowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County ppdadm/agt/rez08-00017 cza hickory trail.doc 2 Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Regenia Bailey, Mayor Attest: Marian K. Karr, City CI Approved by: City Attorney's Office ~ CITY OF IOWA CITY ACKNOWLE STATE OF IOWA ) ss: JOHNSON COUNTY ) MENT: On this day of undersigned, a notary public in and for the Marian K. Karr, to me personally known 20 By: By: A.D. 2009, before me, the of Iowa, personally appeared Regenia Bailey and ping by me duly sworn, did say that they are the Mayor and City Clerk, respectively, f said unicipal corporation executing the within and foregoing instrument; that the seal axed there is the seal of said municipal corporation; that said instrument was signed ands led on behalf of said municipal corporation by authority of its City Council; and that the said ayor and City Jerk as such officers acknowledged that the execution of said instrument t be the voluntary a t and deed of said corporation, by it and by them voluntarily executed. Notary ~'ublic in and for the State of Iowa My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ppdadrrJa9Urez08-00017 cza hickory trail.doc 3 On this day of , A.D. 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of ,and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liabili+„ ^.,mn~nv by it vnli intarily PXP.CIItP.('j ppdadmlagUrez08-00017 cza hickory lrail.doc 4 ~ KCK~j Fp~e ~~'q ~'F~~ J a ,__ wwo ~ .~& a a ~l4N~y 4d gzi ~' ti~a~ i ~ ~ ~~~ Z rah j~~... a: y d g5~~ _ ~ ~ ~ 6 a~~ z ;a.~y~'_~~" da ~. :3 i3. 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PO Box 2208 Iowa City, IA 52244-2208 Phone: 319-354-8118 Requested Action: Rezoning from RS-5 to OPD-8; Preliminary Plat and Sensitive Areas Development Plan approval Purpose: Development of a 3-lot planned development with 3 buildings each consisting of 6 attached townhouse- style condominium units. Location: West of First Avenue as an extension of Hickory Trail. Size: 2.97 acres / 2.6 net acres (acreage less street ROW) Existing Land Use and Zoning: Residential Single-Family (RS-5) Surrounding Land Use and Zoning: North:Undeveloped (ID-RS) South: Park (P1) East: Undeveloped, Residential Single-family (RS-5) West: Undeveloped (ID-RS) Comprehensive Plan: The Northeast District Plan identifies these lots for townhouse development. Neighborhood Open Space District: Hickory Hill (C8) File Date: November 13, 2008 Revised plan submitted January 5, 2009 45-day limitation period: February 20, 2009 2 BACKGROUND INFORMATION: The subject property consists of 3 undeveloped, single-family lots, approximately 2.97-acres total, located along the west side of First Avenue and north of the intersection of First Avenue and Hickory Trail. Undeveloped land directly to the west is owned by ACT and is zoned ID-RS. To the south is the First Avenue (west) entrance to Hickory Hill Park. Property directly to the east contains two undeveloped single-family lots. Property along First Avenue to the south of Hickory Trail is zoned RM-12 and is a mix of duplex and multi-family units, including apartment-style condominiums. Further east along Hickory Trail, the neighborhood is low-density single-family residential. The applicant, Three Bulls, is requesting a rezoning from Low-Density Single-Family Residential (RS-5) to Planned Development Housing, Medium-Density Single-Family (OPD-8) with a Sensitive Areas Development Plan. The applicant is also requesting approval of the preliminary plat of Hickory Pointe (a re-subdivision of lots 39-41 of First and Rochester, Part One). The re-subdivision is necessary to reconfigure the existing 3 lots and to provide for the extension of Hickory Trail west of First Avenue. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a meeting with neighboring residents as well as with a representative of Friends of Hickory Hill Park. ANALYSIS: The applicant is requesting a rezoning of 2.97 acres of land from Low-Density Single-Family Residential (RS-5) to a Planned Development Overlay, Medium-Density Single-Family (OPD-8) zone. The applicant is proposing the Planned Development Overlay in order to allow alternative ownership development (condominiums) and the development of regulated slopes. The proposed plan shows 3 buildings, with each divided into 6 townhouse-style condominiums for a total of 18 units. At the recommendation of staff, the applicant has proposed a concept plan to reserve a large area of space on the southwest side of the site, north of Hickory Trail, to serve as private open space for the development and as a buffer from Hickory Hill Park. Vehicle access is provided from a private rear lane that runs behind the units with two curb cuts-one on Hickory Trail (south) and another on First Avenue (north). Current zoning: The current RS-5 zoning is primarily intended to provide housing opportunities for individual households. The minimum lot size in the RS-5 zone is 8,000 square feet for detached housing. The density bonus provisions in the code (14-2A-7), allow the lot size for detached housing in the RS-5 zone to be reduced to 6,000 square feet if vehicular access to garages and off-street parking is restricted to an alley or private rear lane. Under this zoning, the developer could build approximately 10 detached units along the First Avenue frontage if vehicle access were restricted to a private rear lane. Proposed Zoning: The RS-8 zone is primarily intended to provide for development of small lot single-family dwellings. The minimum lot size in the RS-8 zone is 5,000 square feet for detached housing. The density bonus provisions allow the minimum lot size to be reduced to 4,000 square feet if vehicle access is restricted to a private rear lane. Under the RS-8 zoning, the applicant could build approximately 13 detached units along the First Avenue frontage if vehicle access was restricted to a private rear lane. The Planned Development Overlay is intended to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate, and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of the zoning, inconsistent with the Comprehensive Plan, or harmful to the surrounding neighborhood. The OPD zone is intended to: 1. Provide flexibility in the design, placement, and clustering of buildings; mixture of land uses; PCD\Staff RepoRS\rez08-00012 hickory poinle.doc 3 use of open space; traffic circulation and parking; and related site design considerations. 2. Encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; 3. Promote efficient land use with smaller utility and street networks while maintaining pedestrian oriented street frontages; 4. Encourage and preserve opportunities for energy-efficient development ; 5. Promote an attractive and safe living environment compatible with surrounding residential developments; 6. Provide and alternative method for redeveloping older residential areas; and 7. Encourage infill development. The subject site contains regulated slopes and the topography is such that vehicle entry from First Avenue would be impractical. Moreover, it is the policy of the City to restrict the number of curb cuts along arterial streets. The applicant has proposed a plan that takes advantage of the private rear lane, which reduces the number of curb cuts along First Avenue. Compliance with Comprehensive Plan: The Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design, stating that densities of 5 to 7 dwelling units per acre "allow the expense of installing streets and sewer and water lines to be spread out among more homeowners and will make it easier and less expensive for the City to provide municipal services." While the predominant land use in the Northeast District neighborhoods is detached, single- family housing, the plan envisions a mix of housing types throughout the district, including the location of townhouses and small apartment buildings along arterial streets and near institutional facilities and parks. The Bluffwood Neighborhood subsection of the Northeast District Plan designates these particular parcels as appropriate for townhouse development and calls for such buildings to be "compatible with neighborhood architecture in terms of design and scale." The plan states, "Where density increases occur or lot sizes are reduced, the design of both the streetscape and structures within the development should receive careful review to ensure compatibility in terms of appearance and scale." A number of apartment-style condominium buildings are already developed to the south along First Avenue. The nearby apartment building at the southeast corner of the Hickory Trail and First Avenue is a two-story structure that blends in well with the neighborhood further to the east, which is low-density single-family residential. Property to the west of the site is currently undeveloped, but is identified in the future land use map for single-family uses. The Northeast District plan stipulates aconservation-style subdivision with access off a continuation of Hickory Trail as asingle-loaded street (houses along one side of the street only) to preserve access and views of Hickory Hill Park to the south and west. The Northeast District Plan also addresses the potential impact of urban development on the integrity of Hickory Hill Park. Among its neighborhood planning principles, the plan calls for incorporating and maintaining a green open space buffer between Hickory Hill Park and urban development to preserve the natural integrity of the park." As explained above, the applicant has proposed a concept plan to reserve a large area of space on the southwest side of the site, north of Hickory Trail, to serve as private open space for the development and as a buffer from Hickory Hill Park. In staff's opinion the applicant's proposal is compatible with the Comprehensive Plan's vision for this neighborhood. General Planned Development Approval Criteria Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. PCD\Staff Reports\rez08-00012 hickory poinle.doc 4 1. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass, and scale, relative amount of open space, traffic circulation and general layout. Densi :The overall density of the planned development proposed for this site is approximately 7 dwelling units per net acre. After accounting for the streets, storm water management and open space, RS-8 zones have typically developed with approximately 5.2 units per acre, although theoretically up to 8 dwelling units per acre are allowed. Lot sizes for the proposed townhouse-style development vary from 3,600 square feet to 12,365 square feet, with 14 of the lots being more than 5,000 square feet. In staff's view, the density proposed for this development is compatible with the neighborhood, as it is situated adjacent to the higher density development on lots along First Avenue, south of Hickory Trail, and the lower density single-family neighborhood located further to the east beyond the ravine. Land uses proposed and general layout: Because the land is steeply sloped toward First Avenue, there is limited opportunity to create typical detached-single family housing. Moreover, because the City seeks to limit the number of curb cuts onto arterial streets, a development that provides access from a rear lane is preferable. The planned development process provides flexibility to arrange and attach units in a way that fits the limitations of this site. The use proposed is attached, townhouse-style condominiums. The topography of the site along with its location along an arterial street (which requires 40-foot setbacks) and the preference for a rear lane to limit curb cuts, all reduce the amount of useable private space for the development and make the construction of traditional detached housing more difficult. Thus the applicant is proposing attached housing. At the recommendation of staff, the applicant has reserved the area at the southwest corner of the site for common open space and has provided a concept plan for how this space could be developed as an amenity for the residents. Mass and Scale The proposed buildings will be 139 feet in length and approximately 4,500 square feet. Given the size of the buildings, staff believes that attention to design detail is necessary to assure that they are compatible with the neighborhood. The applicant has addressed this by proposing quality materials consisting of cement board siding and stone veneers as well as front porches. To break up the mass of the buildings the applicant has separated the facades into six distinct units (each unit is approximately 23 feet wide) through variation in materials, colors, roofline and window pattern. The maximum height of the building will be within the 35-foot height limit for single-family zones. 2. The development will not over burden existing streets and utilities. The density of development is appropriate along First Avenue, which is an arterial street. In general, the Comprehensive Plan recommends higher density development along arterial streets and the future land use scenario in the Northeast District Plan identifies these lots as townhomes. As stated above, vehicle access to the development will be restricted to the private rear lane shown behind the buildings, with access from an extension of Hickory Trail and via a single curb cut onto First Avenue at the north end of lot 1. This will minimize the number of curb cuts along the arterial street. Transportation planners have reviewed the site plan and have determined that sight distance for these access points are safe. Staff received a number of calls from area residents expressing concern that traffic turning into the development would be difficult or unsafe. A memo from the transportation planner regarding the efficiency of turning traffic at this location is attached. PCD\Staff Reports\rez08-00012 hickory pointe.doc 5 3. The development will not adversely effect views, light and air, property values and privacy of neighboring properties any more than would conventional development. Properties directly to the north, east and west of the site are currently undeveloped. To the south is Hickory Hill Park. Distance, topography and existing trees along the border of the park will minimize views of the development. The applicant has proposed to provide evergreen trees along the west side of the site and these will provide additional screening. The proposed buildings provide the required 40-foot setback from the First Avenue right-of- way and 20 feet from Hickory Trail. The three buildings are separated by a minimum of 20 feet. Rear setbacks for the townhomes are a minimum of 40 feet at the north end of the development and more than 160 feet at the southernmost unit. The proposed buildings meet the 35-foot height limitation for single-family homes in the RS-8 zone. While the proposed development will be a change to what has been appreciated by area residents and visitors to the park as open space, staff finds that the proposed development is not a significant departure from what would be allowed under the current zoning with regard to views, light and air, property values and privacy. Preserving the large area of open space at the southwest corner of the site and providing additional landscaping shown on the plan will mitigate views of the development from the park. Because the Northeast District Plan calls for sensitive development adjacent to the park, and because there continues to be considerable concern about the impact of development on the park, staff has recommended two things that the developer could do to mitigate views of the development from the park: • First, choose landscaping that is sensitive to the site's proximity to Hickory Hill Park. Trees and shrubs for the site from a list of native species provided by Johnson County Heritage Trust. In addition, less accessible, sloped areas to the west of the site (along the west property line) might be planted in wildflowers or native grasses, preserving a minimum 4- to 6-foot swath of turf grass adjacent to the rear lane. This could minimize maintenance for the condominium association and reduce the potential for erosion on the site. The applicant has chosen species from the list for landscaping the site. • Second, give careful consideration to the color of the buildings in order to soften the views of the development from the parking. For example, the existing houses that abut the park along Seventh Avenue, near the Bloomington Street entrance to the park, are sided/painted in dark earth-tone colors, and this mitigates their impact on views from the park. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purpose of the zoning code, and with other building regulations of the City. The applicant is seeking approval to allow attached units-townhouse-style multi-family buildings. Townhouse-style units such as those being proposed must meet the criteria for attached housing in the RS-12 zone (as described in 14-4B provisional uses) as well as the dimensional and site development standards of the underlying base zone (RS-8), unless a modification is specifically approved. Page 5 of the preliminary plat and sensitive areas site plan, depicts the lot lines and lot areas that would be in place if this property were to be subdivided into individual lots for each dwelling unit. The proposed development requires waivers for the minimum tot width on 15 of the 18 units: 15 units are less than 24 feet in width; 35 feet is the minimum allowed in the zone. The development also requires waivers for 2 units that do not meet the minimum lot area in the RS-8 zone: (4,000 square feet is the minimum). The zoning code allows variations in the dimensional requirements for the following purposes: •to facilitate the provision of desired neighborhood amenities or open space; •to preserve or protect natural, historic, or cultural features; •to achieve compatibility with surrounding development; PCD\Staff Reports\rez08-00012 hickory pointe.doc 6 •or to create a distinctive or innovative neighborhood environment for area residents. As described above, the applicant has clustered all development along the First Avenue frontage and, at the suggestion of staff, reserved a large area of space at the southwest corner of the site as an amenity--private open space for the development. The applicant has provided a concept for the development of this area, which includes level space with a shelter and seating. The concept shows additional landscaping on this portion of the site and the landscaping complies with the recommended species list provided by Johnson County Heritage Trust. This landscaping will provide shade and a sense of privacy for the residents of development and will screen views of the buildings from the park. The proposed open space and its associated amenities (shelter, seating, paths, etc.) will be owned by the future condominium association, which will be responsible for maintenance. Staff recommends that the details of amenities provided as part of the open space be approved by the Commission. If a detailed plan is not available by the time of the Commission's meeting on Thursday, we recommend staff approval. Level I I Sensitive Areas Review The applicant has applied for approval of a Sensitive Areas Development, a type of planned development. The purposed of the Sensitive Areas Ordinance (SAO) is to permit and define reasonable use of properties that contain sensitive environmental features and natural resources, and allowing reasonable development while protecting these resources from damage. The subject site contains steep and critical slopes, both of which are regulated through the (SAO). The purpose of regulating development on and near steep slopes is to promote safety in the design and construction of developments; to minimize flooding, landslides, and mudslides; to minimize soil instability and erosion; and to preserve the scenic character of hillside areas, particularly wooded hillsides. Given the size, shape ,and topography of the subject property, it is not possible to develop the site without disturbing the regulated slopes, which run along the front third of lots 1 and 2. To build the development as proposed will require disturbing more than 85% of the regulated slopes. The sensitive areas ordinance requires that disturbance of steep and critical slopes be minimized and sets a maximum of 35% for critical slope disturbance with administrative staff approval. Disturbance of more than 35% triggers Level II Sensitive Areas Review, requiring Planning and Zoning Commission review and City Council approval. The applicant has indicated that all regulated slopes have been humanly altered and is requesting permission to disturb more than 85% of the slopes. There is agreement on staff that these slopes were altered at the time of construction of First Avenue. Because the slopes are manmade and because they are not wooded, staff believes it is reasonable to allow the level of disturbance proposed. Other Environmentally Sensitive Features There is a mature oak tree that is located on public land adjacent to the southwest corner of the property, south of Hickory Trail. Measures should be taken to protect this tree with temporary fencing to ensure that the roots are not disturbed at the time that street construction is commenced. No other sensitive features have been identified on the site, and the state archaeologist has indicated that no archaeological sites are believed to be present in the area. Traffic implications access and street design The site plan shows direct vehicular access onto First Avenue is limited to a single 34-foot curb cut/driveway (allowing two-way access) at the north end of the property. The code requires that curb cuts be located 25 feet from the property line, however given that the adjacent property line is PCD\Staff Reports\rez08-00012 hickory pointe.doc 7 for a narrow remnant of Ciry property that is not developable this requirement may be waived through a minor modification. An access point is also provided from another curb cut along the west extension off Hickory Trail. A private drive to the rear of the buildings provides access to parking under the building, for occupants, with 8 additional (non-required) guest parking spaces provided along the west side of the drive. The Hickory Trail extension will terminate at the west property line until such time that is extended onto the ACT property. The plan shows all required pedestrian access from the existing 8-foot sidewalk along First Avenue to the front entries as well as a new 5-foot sidewalk on the north side of the extension of Hickory Trail. Because any future development on property to the west will be along a single loaded street (on the north side of Hickory Trail only), a sidewalk is not required along the south side of the Hickory Trail right-of-way. The proposed plan shows all required street trees and the appropriate building setbacks from street rights of way. Neighborhood Open Space: The zoning ordinance requires the dedication of .1033 acres (4,500 square feet) of neighborhood open space for a development of this size. The developer has agreed to dedicate the 1,920-square-foot portion of land on the south side of Hickory Trail such that the boundary of Hickory Hill Park will extend to the street. This proposal will be referred to the Parks and Recreation Commission. In lieu of additional open space, the applicant will be required to pay fees equal to the value of 2,580 square feet of land. Sanitary Sewer:A sewer connection is available along First Avenue right of way. A new sewer line will be constructed along the Hickory Trail for any development to the west. Water Service: Water mains will need to be extended to serve this development. A water main extension fee of $395.00 per acre is required. Resolution of some technical deficiencies on the plan will need to be resolved prior to approval of the preliminary plan. Storm water management: Storm water drains are indicated on the site plan on the private rear lane and on the new section of Hickory Trail. This system will tie into the existing storm water system on First Avenue and Hickory Trail. Summary: This proposal complies with the land use map included in the Northeast District Plan, which identifies these lots for townhouse development, and the Comprehensive Plan's design guidelines for new neighborhoods that emphasize efficient and compact design with densities of 5 to 7 dwelling units per acre. By restricting vehicle access to a private rear lane, the proposed plan minimizes curb cuts onto the arterial street and provides for efficient and safe ingress and egress from the development. In staff's opinion the proposed density is appropriate and compatible in the context of neighboring development, which includes multi-family development in the RM-12 zone along First Avenue. Staff believes the proposed design of the buildings, which show variation in the facade materials, colors, roofline and window pattern in order to break up the mass of the building, are compatible with the character of the neighborhood, including those areas that are predominantly single-family in character. Staff believes that the size, shape, and topography of the site, as well as its location along an arterial street, which requires additional setbacks, make it difficult to develop traditional detached housing on these lots. Reserving a large portion of lot 1 for private recreation space not only provides an amenity for the residents to offset reductions in the lot dimensions, but also provides an opportunity to screen the development from the adjacent park. STAFF RECOMMENDATION: Staff recommends that REZ08-00012 & SUB08-00011, an application submitted Three Bulls, for a rezoning from Low-Density Single-Family Residential (RS-5) zone to Overlay Planned Development, Medium-Density Single-Family Housing (OPD- RS8) zone and preliminary plat of Hickory Pointe for approximately 2.97 acres of property PCD\StaB Reports\rez08-00012 hickory poinle.doc 8 located on the east side of First Avenue, at the intersection of First Avenue and Hickory Trail be approved subject to the following: 1. Substantial compliance with the site plan and elevations submitted; 2. Detailed plan for shared open space, including a grading plan; 3. All landscaping (trees and shrubs) to comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State Extension; 4. A minor modification to allow location of the north drive within 25 feet of the property line. ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Elevations 4. Letter from the applicant 5. Memo from transportation planner Approved by: ~%~ ~5•~-~' Robert Miklo, Senior Planner, Department of Planning and Community Development PCD\Staff ReportsUez08-00012 hickory pointe.doc 0 '~ ~ ~ ~P , ~ ~ R~'~K 1t?. z ~N o -- -- - ZP ,~ { p~- ~ F /1 LL n ~ ~ ', r Y ~ °.--- ~ ,, ____-~ 4J ~°_ j. N ,_ -- L U E ~' tlWOH 'fns O~ ,^^ ~ ~_ Y/ ~ ~ ~ ~~ ~o o ooM~~ \ ~ ~9 -, v gLUFFW00D LN a o 0 0 - > ~+ ~ ~ O ~ Y N r-+ O O i 00 O N 1 M~M Fi'i 1~ ~ m Ssj~~~ s ~1 . ~..~ ~r\ ~ CV ~ ~ H ~ ~ w zz°~~ ~~~~ 6~^ ~ ~ ~ ~ ~ W Z O ~ ~ Z ~~ ~ e ',7551.1• n ~ i V pp ®~ ~~a~~ o~c8 G$° p~ _~ ~ :~ ~ ~ ~ 4§ ~~~{ ~~ K Y ¢ U p ~ ~Z ~ p i ~ <i¢ c4 g~ ~ tt ii ~ ~ 0 c ~ s~~ & ~ ~ ~~2P~ ~ 5 ~i 99 p ~ a08 g 2 3p3 f ono yp ~ Id 1 d ~ & F?i V1 i~ ~ ~ yy 3 vto o $~~,,: ~W~~~ ~~ MgYq a o ~ ~ ~ yW~ z .a.a"r_~~, a 3~ ~ ,.r; i.,a~~=' s g's ~' a =ao w ~~:,:ec ~~;~"ss Fda~kagFEa~Cg~~~aa a - aim. 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I ~.~ I r~ ~ ~F ~ I E~'F ~o Qz' x ~ _ ~ I I ~F ~~ TT ~ L ,F ~: -~ \ ~ I 1 iCInT ~/ / L_ ( ~i W~~ n- 6 3 ~ ~ ° „ ~~ 9 ~~Y ~~ ~~ cYj A~'~ ~ ~~~ g e~tl~ a _~~ ~ ~~~ ~ H~~ J ~ ~ _ ~~ 3 N ~ ~~g ~~ ~~ 9 ~~s ~~ ~~ ~ ~~~ ~ e ~~ ~ ~ ee December 12, 2008 RE: First & Rochester Part One Iowa City, [A 52245 To Whom It May Concern: It is my desire to develop the three lots I recently acquired known as lots 39, 40 & 41 First & Rochester Part One Iowa City, IA. Myself as well as Duane Musser from MMS Consultants have been working with City Staff, Friends of Hickory Hill Park & ACT to come up with a mutually agreeable product that serves to provide quality workforce housing on the east side. To date and after several meetings we have come up with a solid concept that we feel will not only meet the design elements but will be economically sensible given our current market and will provide a solid product at a fair and competitive price. With that being said, part of what will make it possible to produce a product that will meet the added exterior design elements and cost associated with such is simply the ability to spread the cost over more units. Doing so keeps the price point at an easier to obtain number allowing these units to be sold to working people in our local area. These units will be produced at the highest quality possible for the price and will back up to Hickory Hill Park thus giving them a serene feel while being in the middle of town. In addition to we feel the visual appeal will be more than pleasing to neighbors as well as passers by because of the details given to the units and the fact that this type of housing is not found around or near where our "Hickory Point Town Homes" would be. Our request is simply for the City to allow for the zoning of this area to be altered to one which will give us the ability to follow the concept plans we have all meet about and looked at. The reasoning behind our request this is obviously for the cost benefit to our end product as well as the fact that our project is adjacent to an arterial street and our townhouse design/density matches the current comprehensive plan. In closing 1 would just like to so that at the end of the day this request is not about more profit for the developer but rather producing a quality product we can all be proud of that helps to keep the upscale units more affordable. We all look forward to keeping this project on track and appreciate all of your help in doing so. Should you have any questions please do not hesitate to contact me. Best bards & Happy Holidays, -'/j _ ', _---- i f .~~~ Case oyd (319)631-5574 Ambrose & Boyd, REALTORS® 250 l2`h Ave Suite 150 Coralville, IA 52241 Cjboydl @msn.com _r _ _ ^!_,?,®~ CITY OF IOWA CITY ~ ..ul,~~'~,~ ~~~~~ A N D u M MEMCJR Date: December 23, 2008 To: Bob Miklo, Senior Planner Sara Walz, Associate Planner From: Kent Ralston, JCCOG Assistant Transportation Planner Re: Hickory Trail / 1st Avenue Intersection At your request, staff observed traffic patterns at the Hickory Trail / 1st Avenue intersection. Specifically, the observations were intended to address concerns that northbound traffic would have difficulty making left-turns (westbound) into the proposed residential development west of 1St Avenue and north of Hickory Hill Park. The following assumptions were made for the purposes of this study: • The proposed development would include 20 (3 bedroom) units that would generate a total of approximately 140 trips per day (7 trips a day per household), all entering/exiting via an access opposite from Hickory Trail • Approximately 12 percent of the total generated daily trips (17) would be entering/exiting the proposed drive during peak travel times; 12 percent is a generally accepted rule per traffic engineering standards • Delay for current southbound to eastbound turning movements will be similar to that of future northbound to westbound turning traffic • Said intersection operates relatively well from a traffic engineering perspective and has had no collisions since 2001. Staff observed that during PM peak hour traffic, a majority of southbound to eastbound motorists turning left from 1St Avenue to Hickory Trail experienced no delay and were able to freely negotiate said movement. The remaining vehicles that were required to stop and wait for a gap in northbound traffic experienced no more than an 11 second delay to perform the desired movement (this is an acceptable level of delay per traffic engineering standards). Using the stated assumptions, and the results of our observations, staff does not feel that motorists will experience unacceptable delays when accessing the proposed drive at said location. Staff recommends re-evaluating the intersection before any significant development to the east or west of this intersection is proposed. Jccogtp/memosllstave hickorytr.doc Page 1 of 1 Sarah Walz From: Norb Pienta [npienta@mchsi.comJ Sent: Thursday, January 15, 2009 4:41 PM To: Sarah Walz Subject: Rezoning of RS-5 to OPD-8 Hickory Pointe (west of Hickory Trail on First Avenue) Dear Zoning Board Members, I had intended on attending the meeting to consider input for this rezoning request and voicing my concerns. I am unable to attend because of family matters related to the weather. My name is Norbert Pienta and I live with my family at 2620 Hickory Trail, the western-most house on the north side of Hickory Trail. My concern about this rezoning is the potential problems it will cause with traffic in the area. Cars turning from Hickory Trail are delayed considerable times during the morning and late afternoon. However, at any times turning onto First Ave from Hickory Trail will now require being able to reconcile a third source of cars in addition to the cars travelling southbound on First Avenue (probably averaging 35-40 mph) and those going north (generally also averaging above the posted 25 mph). In addition, the width of First Ave and configuration of the traffic has it in two lanes. There are no turn lanes to expedite or manage the potential backlog. This will lead to additional management issues. The proposed condos will apparently add 20 units or approximately 40 more vehicles into the traffic flow. The cul de sacs at the east end of Hickory Trail is not completely built out and will also add 30-40 more vehicles. My concern is not only automobile traffic but pedestrians also. People from our neighborhood walk along First Ave and access City Park. We have children in the neighborhood who attend Regina and walk home. Crossing the street will become more dangerous. The property on both sides of First Avenue adjacent to Hickory Trail were intentionally zoned RS-5. Downzoning should require reasons that provide substantial improvements that benefit the City of Iowa City and/or the neighborhood adjacent to it. I see no justification of this kind. A small number of landowners/developers would make some money building a few houses; the current plan just seems a way for them to make more money not to make anything better. Please reject their request and leave the lots in their current classification. Norbert J. Pienta 1 /28/2009 To the Planning and Zoning Commission of Iowa City: Because of the below zero temperatures I'm not able to come to the meeting tonight at 7:30 PM at City Hall. My concern about the appeal to rezone a 2.97Acre plot on First Ave. in Iowa City is the enviromental impact on the Ralston Creek stream corridor and the wetlands that surround it as it flows through Hickory Hill Park, and how the 6 fold increase in density will effect traffic flow and parking adjacent to the Park. 1) The contour of the land on First Ave. necessitates the removal of soil before construction begins. I've been told its "alot" of soil. My question, how much is "alot" in cubic yards? I was told that I wouldn't be able to comprehend how much that is, but the number of cubic yards should be a matter of record. What are the gradients of slopes surounding the area where the soil is removed and how are these slopes to be treated? The revised "impervious area" numbers should also be put into the record..Is it correct to note that the extension of Hickory Trail (about 15,000 Sq. Ft. of concrete) is not included in the impervious surfaces Lot Characteristics table attached to the Preliminary Plot Plan? Its been explained that Stormwater Runoff from the development and the extension of Hickory Trail is to be sent via existing storm sewers upsteam (to the east) before going downstream into Ralston Creek. Further explanation needed. Hickory Trail extension is to hug the boundry with Hickory Hill park at an area of prairie remnant, woodland and wetland. When was the last time a wetland determination wa made? Is that determination on file with the U.S. Army Corps of Engineers? Why is there no mitigation plan for Stormwater Runoff from the Hickory Trail extension into Ralston Creek? Why shouldn't the proposal or plan to extend Hickory Trail directly above--and next to--Ralston Creek be submited to a Sensitive Areas Development Plan review? Why aren't some of the innovative methods of minimizing Stormwater Runoff being considered for this Sensitive Area? The Ordinance is in place, and its an admirable one, but it is being utilized to serve the good of the whole community? My second concern is that the parking lot on First Ave. for users of Hickory Hill Park will become an auxiliary parking lot for the townhouse residents. The driveway behind the proposed units is for service and emergency vehicles (and snowplows) and not for parking. Although parking will be available along Hickory Trail extension-- presently designed as a road to nowhere--should taxpayers be asked to underwrite the cost of that parking space? Is it correct that the cost of the extension of Hickory Trail is to be split between the developer and the taxpayer? Is this a common arrangement? Please explain. And what is the estimated cost of the extension? Wouldn't it be realistic to increase the parking spaces behind the townhouses and cover the whole area and the driveway with the type of pervious paving that has been successful in testing at the Enviromental Engineering Department at Iowa State .University? It might be informative and useful to consult with those people before rushing into a situation that could lead to unintended consequences. Yours truely, Mary Gilbert 918 Bluffwood Drive IC 52245 0 -24- 9 7 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE," TO ADOPT THE STATE ELECTRICAL STANDARDS AND ANNEX H OF THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE. WHEREAS, the State of Iowa recently adopted the 2008 edition of the National Electrical Code for the requirements of electrical installations; WHEREAS, the City's current electrical code is the 2005 edition of the National Electrical Code with local amendments; WHEREAS, section 103.29 of the Code of Iowa allows political subdivisions to adopt electrical standards that are not less stringent that the state standards; WHEREAS, by adopting the State standards without amendment, local electricians will benefit from having one uniform set of electrical standards; WHEREAS, the State did not adopt any of the annexes to the 2008 National Electrical Code; WHEREAS, Annex H consists of administrative provisions, such as issuing permits and conducting inspections; and WHEREAS, the Board of Appeals has recommended adopting the state electrical standards and Annex H of the 2008 National Electric Code, and it is in the best interest of the City to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 3, entitled "Electrical Code," Section 1, entitled "Code Adopted," is hereby amended by deleting Section 1 in its entirety and substituting the following new Section 1: Subject to the amendments described in section 17-3-2 of this chapter, the electrical standards of the State of Iowa as set forth in 661-Chapter 504 of the Iowa Administrative Code and Annex H Administration and Enforcement (Chapter 80) to the 2008 edition of the National Electrical Code 2008 are hereby adopted. This chapter shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. 2. Title 17, entitled "Building and Housing," Chapter 3, entitled "Electrical Code," Section 2„ entitled "Amendments to Code," is hereby amended by deleting Section 2 in its entirety and substituting the following new Section 2: The Electric Code adopted by section 17-3-1 of this chapter is hereby amended as follows: A. Section 80.1 Scope. Modify by lettering existing text with a letter designation (A) and adding new section (B) as follows: (B) Violations: It shall be unlawful for any person, firm or corporation to 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. B. Section 80.2 Definitions. Modify by deleting in its entirety and insert in lieu thereof the following: 80.2 Definitions Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Chief Electrical Inspector. A building inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Electrical Inspector. A building inspector authorized to perform electrical inspections. C. Section 80.9 Application. Modify by adding parts D and E to the end of the section as follows: (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 re-inspected. (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. Ordinance No. Page 2 D. Section 80.13 Authority: Modify by deleting (16) and insert in lieu thereof the following (16) and add new subsections (17), (18), and (19): (16) Each application for a waiver of a specific electrical. requirement shall be filed with the authority having jurisdiction and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as required to justify the request. The authority having jurisdiction shall keep a record of actions on such applications, and a signed copy of the authority having jurisdiction's decision shall be provided for the applicant. Expenses for test verification required by the building inspector shall be made at no expense to this jurisdiction. (17) 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. (18) 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. (19) 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, as amended, 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. E. Section 80.15. Delete and insert in lieu thereof the following: 80.15 Appeals: See section 17-12 appeals in the city .code. F. Section 80.17. Delete in its entirety. G. Section 80.18. Insert a new section 80.18 licenses as follows: 80.18 Licenses: See section 17-11 of the city code. H. Section 80.19 Permits And Approvals. Modify by deleting in its entirety and insert in lieu thereof the following: 80.19 Permits: (A) Permits Required: Except as specified in subsection B of this section, no electrical work 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, control device or contact device of the same type and/or rating. 5. Replacement of any over-current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. 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. (C) Application For Permit: 1. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency, or its successor, for that purpose. Every such application shall: Ordinance No. Page 3 a. Identify and describe the work to be covered by the permit for which application is made. b. 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. c. Indicate the use or occupancy for which the proposed work is intended. d. Provide plans, diagrams, computations and specifications and other data as required in subsection 2 of this section. e. The permittee, or authorized agent, must sign the application. f. Give such other data and information as may be required by the building official. 2. Submittal Documents: a. Plans, Diagrams, Etc.: 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 require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. b. 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. 3. Information On Plans And Specifications: a. 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. b. Plans for buildings more than two (2) 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. (D) Permittee: 1. An electrical permit may be issued to any person holding a valid master electrician license as described in Section 17-11-1 E of the Iowa City Code, or to any company who employs a duly licensed master electrician on a full-time basis who supervises the work of the electricians during the company's normal business hours. 2. 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 homeowner's permit shall pass the designated exam before a permit may be issued. 3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. (E) Permits Issued: 1. Issuance: a. 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 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 all pertinent fees specified in section 80.19(G) of this article have been paid, the building official shall issue a permit to the applicant. b. 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. c. 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 Ordinance No. Page 4 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. 2. 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. 3. Validity Of Permit: a. 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. b. 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. 4. Expiration: a. 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 one hundred eighty (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 one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefore shall be one-half ('/2) 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. b. 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 one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. 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. (F) 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 ($300,000.00) property damage and flue hundred thousand dollars ($500,000.00) bodily injury: The 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 subsections 80.19(D)1 and 2 of this article shall be exempted from this insurance requirement. (G) Fees: 1. Permit Fees: The fee for each electrical permit shall be as set forth by resolution of city council. 2. Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to Ordinance No. Page 5 a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. Only the building official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 3. Fee Refunds: The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. (H) Inspections: 1. General a. 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. b. 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 systems and equipment regulated by this code shall not be connected to the energy source until authorized by the building official. c. 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. 2. 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. 3. 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 forty eight (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. 4. 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 or its successor. 5. Reinspections: a. Incomplete Work: 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. b. Failure To Provide Plans, Access: 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, for not completing the corrective actions from original inspections, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of city council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Ordinance No. Page 6 (I) Connection Approval: 1. 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. 2. 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. I. Section 80.21.C. Delete responsibility of the authority having jurisdiction in its entirety. J. Section 80.23. Delete notice of violations in its entirety. K. Section 80.25.C. Delete notification in its entirety. L. Section 80-25.E. Delete and insert in lieu of 80.25.E as modified: 80.25.E Disconnection. Where a connection is made to an installation that has not been inspected, as outlined in the preceding paragraphs of this section, the supplier of electricity shall immediately report such connection to the .chief electrical inspector. If, upon subsequent inspection, it is found that the installation is not in conformity with the provisions of article 80, the chief electrical inspector shall notify the person, firm, or corporation making the installation to rectify the defects and, if such work is not completed within fifteen (15) business days, or a longer period as may be specified by the chief electrical inspector, the chief electrical inspector shall have the authority to cause the disconnection of that portion of the installation that is not in conformity. M. Section 80.27. Delete inspector's qualifications in its entirety. N. Section 80.29. Delete liability for damages in its entirety and insert in lieu thereof the following: 80.29 Liability: (A) 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 be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an actor omission in the discharge of duties. (B) 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. O. Section 80.31. Delete in its entirety. P. Section 80.33. Delete in its entirety. Q. Section 80.35. Delete in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approy~.~b`~~-~`-' ~` o~~t8'~®S City Attorney's Office Sue/ord/elcodeord.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/24/2009 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright., Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published i Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE," TO ADOPT THE STATE ELECTRICAL STANDARDS AND ANNEX H OF 1THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE. WHEREAS, the Sta' of Iowa recently adopted the 2008 edition of the National Electrical Code for the requirements of electr al installations; WHEREAS, the City's urrent electrical code is the 2005 dition of the National Electrical Code with local amendments; WHEREAS, section 103. of the Code of Iowa allows olitical subdivisions to adopt electrical standards that are not less stri ent that the state standar s; WHEREAS, by adopting th State standards witho amendment, local electricians will benefit from having one uniform set of electric standards; WHEREAS, the State did not a opt any of the ann xes to the 2008 National Electrical Code; WHEREAS, Annex H consists o administrative rovisions, such as issuing permits and conducting inspections; and WHEREAS, the Board of Appeals as reco ended adopting the state electrical standards and Annex H of the 2008 National Electric Co e, and it is in the best interest of the City to do so. NOW, THEREFORE, BE IT ORDAINE BY T E CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housin Chapter 3, entitled "Electrical Code," Section 1, entitled "Code Adopted," is hereby amended by dele g Section 1 in its entirety and substituting the following new Section 1: Subject to the amendments described i secti n 17-3-2 of this chapter, the electrical standards of the State of Iowa as set forth in 661-Cha ter 50 of the Iowa Administrative Code and Annex H Administration and Enforcement (Chapter 0) to the 08 edition of the National Electrical Code 2008 are hereby adopted. This chapter shall be own as the owa City Electrical Code, or Electrical Code, and may be so cited. 2. Title 17, entitled "Building and ousing," Chapter ,entitled "Electrical Code," Section 2, entitled "Amendments to Code," is hereby a ended by deleting Section 2 in its entirety and substituting the following new Section 2: The Electric Code adopted by s ction 17-3-1 of this chap r is hereby amended as follows: A. Section 80.1 Scope. Modif by lettering existing text h a letter designation (A) and adding new section (B) as follows: (B) Violations: It shall be unlawful for any person, fi or corporation to construct, enlarge, alter, repair, move, improve remove, convert or demolish, equ ,use or maintain an electrical system or equipment or cause or ermit the same to be done in violatio of this code. B. Section 80.2 Definiti s. Modify by deleting in its entirety and ' serf in lieu thereof the following: 80.2 Definitions Authority Havi g Jurisdiction. The organization, office, or in 'vidual responsible for approving equipment, material , an installation, or a procedure. Chief Elects' al Inspector. A building inspector who either is the uthority having jurisdiction or is designated by the authority having jurisdiction and is respon ible for administering the requirements of this code. Electrical Inspector. A building inspector authorized to perform electrical inspections. C. Section 80.9 Application. Modify by adding parts D and E to the end of the section as follows: (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 re-inspected. Ordinance No. Page 2 (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. D. Section 80.13 Authority. Modify by deleting (16) and insert in lieu thereof the following (16) and add new subsections (17), (18), and (19): (16) Each application for a waiver of a specific ele trical requirement shall be filed with the authority having jurisdiction and shall be accompanied by uch evidence, letters, statements, results of tests, or other suppo g information as required t justify the request. The authority having jurisdiction shall keep a re rd of actions on such appl' ations, and a signed copy of the authority having jurisdiction's decision shall be provided for t e applicant. Expenses for test verification required by the building i pector shall be de at no expense to this jurisdiction. (17) Stop Orders: When w k is being done co rary to the provisions of this code, the building official may order the work stoppe by notice in wri ng served on persons engaged in the doing or causing such work to be done, and ch persons s II immediately stop such work until authorized by the building official to proceed with the ork. (18) Connection After Order To isconne :Persons shall not make connections from any energy or power supply nor supply po r to n electrical system or equipment which has been disconnected or ordered to be disconnec d b the building official or the use of which has been ordered to be discontinued by the building o ic' I until the building official authorizes the reconnection and use of the electrical system or equipment. (19) Unsafe electrical systems or equi nt are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, de liti nor removal in accordance with the procedures set forth in the uniform code for the abateme t of ngerous buildings, as amended, or an alternate procedure as may be adopted by this ju isdictio As an alternative, the building official or other employee or official of this jurisdiction s designa ed by th.e governing body may institute other appropriate action to prevent, restrain, co rect or abat the violation. E. Section 80.15. Delete and insert in li u thereof the Ilowing: 80.15 Appeals: See section 1 -12 appeals in t e city code. F. Section 80.17. Delete in its entiret . G. Section 80.18. Insert a new secti 80.18 licenses as Ilows: 80.18 Licenses: See secti 17-11 of the city cod H. Section 80.19 Permits And Ap ovals. Modify by deletin in its entirety and insert in lieu thereof the following: 80.19 Permits: (A) Permits Require :Except as specified in subs ction B of this section, no electrical work regulated by th' code shall be installed, altere ,repaired, replaced or remodeled unless a separate a ctrical permit for each building o structure has first been obtained from the building off' ial. (B) Exempt Wor . An electrical permit shall not be requi d for the following: 1. Portabl motors or other portable appliances a rgized by means of a cord or cable having an tachment plug end to be connected to an pproved receptacle when that cord or cable is rmitted by this code. 2. Repai or replacement of fixed motors, transformers r fixed approved appliances of the same ty and rating in the same location. 3. Te orary decorative lighting. 4. Re air or replacement of current-carrying parts of any witch, contactor, control device or co tact device of the same type and/or rating. 5. placement of any over-current device of the required pacity and interrupt rating in th same location. 6. epair or replacement of electrodes or transformers of the same size and capacity. or signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. 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. (C) Application For Permit: Ordinance No. Page 3 1. To obtain a permit, the applicant shall first file a written application on a form furnished by the code enforcement agency, or its successor, for that purpose. Every such application shall: a. Identify and describe the work to be covered by the permit for which application is made. b. 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. c. Indicate the use or occupancy for which the proposed work is intended. d. Provide plans, diagrams, computations and specifications and other data as required in subsection 2 of this section. e. The permittee, or authorized agent, must sign the application. f. Give such other data and information as may be required by the building office 2. Submittal Documents: Plans, Diagrams, Etc.: Plans, specifications, en "ineering calculations, diagrams a other data shall be submitted in one or more sets w' h each application for a permit. The ilding official may require plans, computations and specifications to be prepared and signed by an engineer or architect licensed y the state to practice as such. b. Exc tion: The building official may wai a the submission of plans, calculations, etc., if a building official finds that the nat a of the work applied for is such that review of plans is of necessary to obtain complian with this code. 3. Information O Plans And Specifications: a. Plans and ecifications shall be dra to scale upon substantial paper or cloth and shall be of suffice nt clarity to indicate the ocation, nature and extent of the work proposed and show in det 'I that it will confor to the provisions of this code and all relevant laws, ordinances, rul and regulations. b. Plans for buildin more than two 2) stories in height of other than groups R, division 3 and M occupancies hall indicat how required structural and fire-restrictive integrity will be maintained w re a p etration will be made for electrical and communication conduits, pipes an imilar stems. (D) Permittee: 1. An electrical permit may issued to any person holding a valid master electrician license. as described in S tion 17-11-1 E of the Iowa City Code, or to any company who employs a duly lic ns d master electrician on a full-time basis who supervises the work of the electrici s du ing the company's normal business hours. 2. A permit may be issue o the o ner of an existing owner-occupied single-family dwelling, pursuant to a valid ce ificate of ccupancy and used exclusively for residential purposes, to do any work re lated by the article in connection with said dwelling and accessory buildings. The ow r must person Ily purchase all material and perform all labor in connection with the pe it. All work sha I comply with this article. Applicants for a homeowner's permit shall ass the designated xam before a permit may be issued. 3. The homeow is test required in su section 2 of this section may be waived if the applicant is a duly censed electrician with a inimum of a journeyman status. (E) Permits Issue . 1. Issuanc . a. T building official shall review the application, plans and specifications, and other data, fil d by an applicant for a permit. Other departments of this jurisdiction may review the plans 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 all pertinent fees specified in section 80.19(G) of this article have been paid, the building official shall issue a permit to the applicant. b. When the building official issues a permit, the plans and specifications shall be endorsed in writing or stamped "APPROVED".Such approved plans and specifications Ordinance No. Page 4 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. c. 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. 2. Retention Of Plans: One set of approved plans, specifications and computations shall be retained by th building official until final approval of the work is given. One set of approved plans and spe 'fications shall be returned to the applicant and shall be kept onJthe site of the building or wo at all times while the work authorized thereby is in progress. 3. Validity Of Permit: The issuance of a permit or the approval of plans a d specifications shall not be constru to be a permit for, or an approval of, any violation f any of the provisions of this code, or any other ordinance of the jurisdiction. Permits resuming to give authority to violate or ca cel the provisions of this code or other ordin ces of the jurisdiction shall not be valid. b. The suance of a permit based upon plans, specifications and other data shall not prevent the uilding official from thereafter requiri the correction of errors in said plans, specifications a other data, or from preventing bu' ding operations being carried on thereunder when in viola 'on of these codes or of any oth r ordinances of this jurisdiction. 4. Expiration: a. Every permit sued by the building offi ial under the provisions of this code shall expire by limitation an become null and void if the building or work authorized by such permit is not commence within one hundred ighty (180) days from the date of such permit, or if the building or wor authorized by s h permit is suspended or abandoned at .any time after the work is, com enced fora eriod of one hundred eighty (180) days. Before such work can be recomm nced, a n permit shall be first obtained, and the fee therefore shall be one-half ('/2) th amou required for a new permit for such work, provided no changes have been ade or will be made in the original plans and specifications for such work; and pro id further that such suspension or abandonment has not exceeded one year. In order renew action on a permit after expiration, the permittee shall pay a new full permit fe . b. A permittee holding u expired permit may apply for an extension of the time within which work may be com enc under that permit when the permittee is unable to commence work within the ti a req 'red by. this section for good and satisfactory reasons. The building official m extend t e time for action by the permittee for a period not exceeding one hundred ighty (180) ays upon .written request by the permittee showing that circumstances yond the cont I of the permittee have prevented action from being taken. 5. Suspension Or evocation: The building icial may, in writing, uspend or revoke a permit issued under the provisions of this co a if the permit was is ed in error or on the basis of incorrect information supplied or in violation of any ordin nce or regulation of the jurisdiction. (F) Insurance: Before an permit to perform electrical w rk 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 ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The 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 subsections 80.19(D)1 and 2 of this article shall be exempted from this insurance requirement. (G) Fees: 1. Permit Fees: Ordinance No. Page 5 The fee for each electrical permit shall be as set forth by resolution of city council. 2. Work Commencing Before Permit Issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. Only the building official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 3. F e Refunds: The building official may authorize the refunding of any fee paid hereunder w 'ch was erroneously paid or collected. The building official shall not authorize the refunding any fee paid except upon written application filed by the original permittee within one hund d eighty (180) days from the date of fee payment. (H) Inspections. 1. General: a. All el trical systems and equipment for which a per~it is required by this code shall be subjec to inspection by the building official, and the `electrical system shall remain accessible an exposed for inspection purposes until approved by the building official. // b. It shall be a duty of the permit applicant to ca a the electrical system to remain accessible and exp sed for inspection purposes. Neith the building official nor the jurisdiction shall be liable fo the expense of removing or re acing any material to permit inspection. When the installa 'on of an electrical system equipment is complete, an additional and final inspection all be made. Electrical s stems and equipment regulated by this code shall not be conne ed to the energy sour a until authorized by the building official. c. Approval as a result o an inspections II not be construed to be an approval of a violation of the provisions of this ode or of oth r ordinances of the jurisdiction. 2. Inspection Requests: It shall be the duty of the per the building official that such work is rep that every request for inspection be filed desired. Such request may be in writing It shall be the duty of the person req access to and means for inspection o s~ > g the work authorized by a permit to notify inspection. The building official may require Est one working day before such inspection is telephone at the option of the building official. inspections required by this code to provide 3. Operation Of Electrical E ipment: The requirements of th' section sha of any electrical system or equi ment installed t for inspection of such equip nt must have be than forty eight (48) hours of r such replacemen of such electrical system i concealed by any per 4. Other Inspecti s: In addition t the called inspections r not be construed to prohibit the operation replace existing equipment. The request filed with the building official not more t ork is completed and before any portion m Went portion of the building. may make or requi other inspections of any provisions of this c de and other laws which are e or its successor. 5. Rei pections: by this code, the building official to ascertain compliance with the d by the code enforcement agency a. Incomplete Work: A reinspection fee may be assessed for each inspection or reinspecti when such portion of work for which inspection is called is not complete or when rrections called for are not made. This provision is not to be interpreted as requir' g reinspection fees the first time a job is rejected for failure to comply with the req rements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. b. Failure To Provide Plans, Access: Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access Ordinance No. Page 6 on the date for which inspection is requested, for not completing the corrective actions from original inspections, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of city council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (I) Con ction Approval: Energy Connections: An electrical system or equipment regulated by this code for which a rmit is required shall not be connected to a source of energy or power until approved by th uilding official. 2. porary Connections: The building official may aut ize the temporary connection of the el trical system or equipment to the source of energy power for the purpose of testing the equipm t, or for use under a temporary certificate of occ ancy. I. Section 80.21.C. Delete esponsibility of the authority having jurisdic ' n in its entirety. J. Section 80.23. Delete note a of violations in its entirety. K. Section 80.25.C. Delete no ication in its entirety. L. Section 80-25.E. Delete and i sett in lieu of 80.25.E as modifi 80.25.E Disconnection. W re a connection is made an installation that has not been inspected, as outlined in the precedin paragraphs of this s tion, the supplier of electricity shall immediately report such connection to th chief electrical insp tor. If, upon subsequent inspection, it is found that the installation is not in conformit with the provisio s of article 80, the chief electrical inspector shall notify the person, firm, or corporation king the inst ation to rectify the defects and, if such work is not completed within fifteen (15) business electrical inspector, the chief electrical inspei that portion of the installation that is not in con M. Section 80.27. Delete inspector's qual N. Section 80.29. Delete liability for dam 80.29 Liability: (A) The building official, or an aut ~, or a nger period as may be specified by the chief shall ave the authority to cause the disconnection of s in its entirety. its entirety and insert in lieu thereof the following: code, acting in good faith and without alice in t for any damage that may accrue top rsons or pr omission in the discharge of duties (B) This code shall not be onstrued to rel resentative charged with the enforcement of this discharge of duties, shall not be personally liable arty as a result of an act or by reason of an act or or lessen the responsibility of a person owning, operating or controlling any bu' ing, structure or buil ing service equipment therein for any damages to persons or property cau d by defects, nor sha the code enforcement agency or its parent jurisdiction be held as ass ing such liability by teas of the inspections authorized by this code or approvals issued under t s code. O. Section 80.31. Del a in its entirety. P. Section 80.33. D ete in its entirety. Q. Section 80.35. elete in its entirety. SECTION II. R EALER. All ordinances and parts of o finances in conflict with the provision of this Ordinance are herby repealed. SECTION III/ PENALTIES FOR VIOLATION. The viol ion of any provision of this ordinance is a municipal infra~on as provided for in section 1-4-2D of this Co e. SECTION/IV. SEVERABILITY. If any section, provision r part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not aff . t the validity of the Ordinance as a whole or any sectio ,provision or part thereof not adjudged invalid or unconstitutional. SEC ION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and as provided bylaw. this day of , 2009. MAYOR ATTEST: CITY CLERK Ordinance No. Page 7 Approved by DRAFT 8 MINUTES IOWA CITY BOARD OF APPEALS MONDAY, JANUARY 12, 2009 LOBBY CONFERENCE ROOM, IOWA CITY CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Steve Buckman, Andrea French, Scott McDonough, AI Gerard STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Brian Greer (Fire Inspector), Sue Dulek (Asst. City Attorney) and Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Chad Campion (IBEW -International Brotherhood of Electrical Workers) RECOMMENDATIONS TO COUNCIL: Recommended by a unanimous vote (5-0) to proceed with the adoption of the proposed amendments to the Iowa City trade licensing code that reflect the changes and requirements of the State of Iowa trade licensing code and identify the limits of a class "B" license. Recommended to City Council by a unanimous vote (5-0) to proceed with the adoption of the standards and amendments of the State Electrical Code and the administrative and enforcement standards in Annex H of the 2008 National Electrical Code with local amendments. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:07 PM CONSIDERATION OF MINUTES: Minutes from the December 1, 2008 were reviewed. Roffman moved to approve the minutes. Gerard seconded. Minutes were approved with a unanimous vote of 5-0. ELECTION OF OFFICERS: DRAFT McDonough moved to elect John Roffman chairperson of the Board. Buckman seconded. Roffman was elected chairperson with a unanimous vote of 5-0. Roffman moved to elect Steve Buckman vice-chairperson of the Board. McDonough seconded. Buckman was elected vice-chairperson with a unanimous vote of 5-0. A~geal withdrawal - 2401 Highway 6 East Hennes explained that Dolphin Point at 2401 Highway 6 East had previously filed an appeal to relieve them from sprinkling the multi-family buildings in order to go through a condominium conversion. Since they now have applied for a permit to sprinkle the units and plan to do so, they have withdrawn their appeal. Dulek stated there was no formal action required by the Board as long as the minutes reflect the withdrawal. Final Aparoval -110 Washington Street - Ginsbergs Hennes explained that the final approval for this project had been continued contingent on final staff approval. Hennes stated that a building permit had been issued and an Affidavit of Use had been recorded that reflected all of the conditions required by the Board. MOTION: Gerard moved to approve the appeal as presented at the May 5, 2008 BOA meeting. French seconded. VOTE: The Board voted 5-0 to approve the motion. Discussion and possible recommendation to Council changing the Iowa City trade licensing reauirements to be in conformance with the State of Iowa licensing requirements. Hennes explained that the State of Iowa has taken over the licensing of Electricians and is in process of establishing state licensing of Plumbers, HVAC installers, Sewer installers, Gas Pipe installers, Fire Alarm and Fire Sprinkler installers. This will affect our local licensing requirements and so the Iowa City trade licensing ordinance will need to be amended to reflect the State's involvement. Because the State is doing this in phases, the amendments will have to be done in phases as well. The first amendment will affect the Electrical licensing requirements. The State program has a Master class "A" and "B" Electrical license and a Journeyman class "A" and "B" Electrical license. Iowa City does not have "A" and "B" distinctions. In the early 1990's, Iowa City administered their own local test in order for an electrician to obtain an electrical license. So if an electrician had the correct number of years experience and passed the local test, a license was issued. Some of those electricians are practicing and are licensed in Iowa City today. Subsequently, Iowa City went to a national proctored testing company and that test became the standard generally across the State. The State is recognizing the local test as a Class "B" license DRAFT and the national proctored test as a Class "A" license -all classes still require years of experience. However, if a local jurisdiction submits the questions of the local test to the State Examining Board and they approve it (which they have done in Iowa City's case), then a State Class "A" license can be issued to that electrician. Hennes explained that staff wants to keep things as close to current licensing as possible. In other words, Class "A" licensees would be able to work in Iowa City and electricians who had previously held an Iowa City license prior to December 31,2008 and currently have a State Class "B" license would also be able to work in Iowa City. That way all electricians who had been previously licensed in Iowa City would be able to continue as usual but any electrician who not previously met the Iowa City standards for an electrical license could not now come here with a Class "B" license and do work. Hennes introduced Chad Campion who is on the State licensing board (and whose term on the Board of Appeals had expired) in case there were any questions. Campion explained some of the issues the licensing board has had to work through to be fair to electricians across the state. He explained that anybody taking and passing the 3~d party proctored test now (with years of experience) would get a Class "A" license. Hennes explained that several Iowa jurisdictions are getting their old local tests approved so probably within the next year many of the "B" licenses will become "A" licenses. MOTION: McDonough moved to recommend to City Council the approval of the proposed amendments to the licensing code submitted by City staff in order to reflect the new changes and requirements of the State of Iowa licensing code ~~ „ and to identify the limits of a Class B license. Gerard seconded. VOTE: The motion was approved unanimously with a 5-0 vote, Discussion and possible recommendation to Council changing the Iowa Citv Electrical code to be in conformance with the State of Iowa Electrical Code. Hennes explained that the State of Iowa has adopted the 2008 National Electrical Code (NEC). The City of Iowa City is currently under the 2005 NEC. The State code allows for jurisdictions to have their own electrical code but that jurisdiction cannot be less restrictive than that of the State. Staff recommends that the City adopt the 2008 NEC so that there is eventual consistency across the State in the code being enforced. The State code does eliminate many of the current local amendments adopted by Iowa City. Hennes stated that the State code (2008 NEC) did make one amendment concerning the new requirements for GFCI circuits. The State took out that section in the 2008 NEC and inserted the current requirements of 2005 NEC so that nothing would change. The 2008 NEC does require Arc Fault circuit interrupters on all circuits not protected by a GFCI breaker. This is a change from the 2005 NEC. The other major change is that receptacles are required to be tamper resistant. These changes cannot be amended out because the City cannot be less restrictive than the State. Discussion occurred concerning what arc fault and ground fault entail. DRAFT MOTION: Gerard moved to recommend to City Council to proceed with the adoption of the standards and amendments of the State Electrical Code as adopted by the State of Iowa and the administrative and enforcement standards in Annex H of the 2008 National Electrical Code with local amendments to Annex H as adopted by the City of Iowa City. Buckman seconded. Discussion occurred about the wording of the proposed recommendation and if Council would have to look at Article 80 (Annex H) as a local amendment. Hennes said that Annex H is the administrative section of the code, such as permits and stop work orders. Hennes stated that when the code is adopted, staff would like it worded so that the City does not have to come back to Council every time the State updates to the next electrical code cycle. It would just happen automatically when the State adopts the new code. VOTE: The motion was approved unanimously with a 5-0 vote. OTHER BUSINESS: The next meeting was scheduled for February 2, 2008. Hennes explained how the State electrical inspections would be done through out the state. ADJOURNMENT: Gerard moved to adjourn the meeting. Roffman seconded. The meeting adjourned at 4:55 PM. John Roffman, Chairperson Date NAME Steve Buckman Andrea French John Roffman AI Gerard Scott McDonough KEY X =present O =absent O/E = absent/excused NM = No meeting = not a member Board of Appeals Attendance Record 2006 TERM EXPIRES Jan-09 Feb-09 12/31 /2011 12/31/2012 12/31 /2007 12/31 /2010 12/31 /2011 Mar-09 Apr-09 02-24-U9 8 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 11, ENTITLED, "LICENSING," TO MAKE THE LICENSING REQUIREMENTS OF THE BUILDING TRADES CONSISTENT WITH STATE LAW AND TO ESTABLISH STANDARDS FOR THOSE HOLDING A STATE CLASS B JOURNEYMAN OR CLASS B MASTER ELECTRICIAN LICENSE. WHEREAS, the State of Iowa recently began licensing electricians as well as plumbers, HVAC contractors, and fire sprinkler professionals but allows the City to continue licensing these professionals for the time being; WHEREAS, with the exception of those holding a state class B electrician license, the City Code should be amended to allow those holding either a state or City building trade license to perform work within the City limits; WHEREAS, the State of Iowa allows the City to determine the scope of electrical work that a Class B journeyman and master electrician may perform within the City limits; WHEREAS, the Board of Appeals has recommended that persons holding a Class B journeyman and master electrician license be allowed to perform electrical work only if they held an Iowa City license prior to the establishment of the state licensing requirements (December 31, 2008); WHEREAS, the licensing requirements in the City Code for fire alarm and fire sprinkler professionals, HVAC professionals, commercial kitchen hood professionals, and ducted air heating/cooling professionals include phased in requirements that ended either on December 31, 2005 or December 31, 2008, and as a result, said requirements are no longer applicable and should be repealed; and WHEREAS, it is in the City's best interest to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 1, entitled "License Required," is hereby amended by deleting Section 1 in its entirety and substituting the following new Section 1: A. Master Plumber: No person shall plan for, lay out, supervise or perform plumbing work within the city, with or without compensation, unless the person holds a master plumber's license issued by the city, or the State of Iowa. B. Journeyman Plumber: No person shall work as a journeyman plumber within the city unless the person holds a journeyman plumber's license issued by the city, or the State of Iowa. C. Sanitary Sewer And Water Service Installer: No person shall work as a sanitary sewer and water service installer within the city unless the person holds a sanitary sewer and water service installer's license issued by the city, or the State of Iowa. D. Gas Pipe Installer: No person shall work as a gas pipe installer unless the person holds a gas pipe installer's license issued by the city, or the State of Iowa. E. Master Electrician: No person shall perform unsupervised electrical work, within Iowa City, with or without compensation unless: (1) The person holds a master electrician's license issued by the city; (2) A master electrician Class A license issued by the State of Iowa; or (3) A master electrician Class B license issued by the State of Iowa and held a master electrician license issued by the City of Iowa City prior to December 31, 2008. F. Journeyman Electrician: No person shall work as a journeyman electrician within the city unless the person holds a journeyman electrician's license issued by the city: (1) The person holds a journeyman electrician's license issued by the city; (2) A journeyman electrician Class A license issued by the State of Iowa; or (3) A journeyman electrician Class B license issued by the State of Iowa and held a journeyman electrician license issued by the City of Iowa City prior to December 31, 2008. G. Fire Alarm: No person shall work as a fire alarm installer or perform maintenance on fire alarm systems unless the person holds a fire alarm license issued by the city, or the State of Iowa. H. Fire Sprinkler Installer: No person shall work as a fire sprinkler installer or perform maintenance on fire sprinkler systems unless the person holds a fire sprinkler installer license issued by the city, or the State of Iowa. Ordinance No. Page 2 I. Fire Sprinkler Maintenance: No person shall perform maintenance on a fire sprinkler system unless the person holds a fire sprinkler maintenance license or fire sprinkler installer license issued by the city, or the State of Iowa. J. Unlicensed Persons: No person shall knowingly employ or permit an unlicensed person to perform work within Iowa City if the work is required by this code or the State of Iowa to be performed by a licensed person. K. Licensed Persons To Be On Site: There shall be a properly licensed person present at all locations and at all times where work requiring a license is being performed. At least one licensed person shall be present for every three (3) laborers. Such licensed person must be an employee of the permit holder. L. HVAC Master: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning within the city, with or without compensation, unless the person holds an HVAC master license issued by the city, or the State of Iowa. M. HVAC Residential: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning as regulated by the international residential code with or without compensation unless the person holds an HVAC residential license issued by the city, or the State of Iowa. N. Commercial Kitchen Hood Installer: No person shall undertake the planning, layout, supervision, or perform installation of commercial kitchen hoods as regulated by the international mechanical code with or without compensation unless the person holds an HVAC master or commercial kitchen hood license issued by the city, or the State of Iowa. O. Ducted Air Heating And Cooling Installer: No person shall install heat and cooling ducts as regulated by the international mechanical code with or without compensation unless the person holds an HVAC master, HVAC residential or a ducted air heating and cooling installer's license issued by the city, or the State of Iowa. 2. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 4, entitled "Licensing Standards," is hereby amended by deleting Subsections G-M in their entirety and substituting the following new Subsections G-M: G. Fire Alarm: A fire alarm license shall be issued to every person demonstrates satisfactory completion of the NICET level II certification. H. Fire Sprinkler Installer: A fire sprinkler installer's license shall be issued to every person who passes an examination approved by the board of appeals. I. Fire Sprinkler Maintenance: A fire sprinkler maintenance license shall be issued to every person who demonstrates satisfactory completion of the NICET level II certification in maintenance and testing of sprinkler systems. J. HVAC Master License: An HVAC master license shall be issued to every person who demonstrates satisfactory completion of two (2) years' experience as a licensed HVAC journeyman or HVAC residential. K. HVAC Residential License: An HVAC residential license shall be issued to every person who demonstrates satisfactory completion of three (3) years' experience as an HVAC installer with an established HVAC company. L. Commercial Kitchen Hood License: A commercial kitchen hood license shall be issued to every person who demonstrates satisfactory completion of three (3) years' full time experience as a commercial hood installer with an established HVAC or commercial hood installer company, and successfully passes the examination approved by the board of appeals. M. Ducted Air Heating/Cooling Installer's License: A ducted air heating/cooling installer's license shall be issued to every person who demonstrates satisfactory completion of three (3) years' experience as a ducted air heating/cooling installer with an established HVAC company. 3. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 5, entitled "Reciprocal Licenses," is hereby amended by deleting Section 5 in its entirety and substituting the following new Section 5: The administrative authority shall issue licenses pursuant to section 17-11-4. 4. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licensing," Section 7, entitled "License Renewals," is hereby amended by deleting "master HVAC or residential HVAC license" from the first sentence of Subsection B. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Ordinance No. Page 3 SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction as provided for in section 1-4-2D of this Code. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approv a _fg-as City Attorney's Office Sue/ord/Iicense02-09.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/24/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY REVISING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8, ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" SUBSECTION E(1) TO INCREASE THE PENALTY FOR A PERSON UNDER 19 YEARS OF AGE WHO VIOLATES SAID SECTION TO FIVE HUNDRED DOLLARS ($500.00). WHEREAS, underage drinking in Iowa City has a significant and negative impact on the health, welfare and morals of its citizens, and results in increased burdens on Iowa City's criminal justice system and social services agencies; and WHEREAS, the Iowa City Code prohibits persons under the age of 19 from being present after 10:00 p.m. in a licensed establishment whose primary business purpose is the sale of alcohol; and WHEREAS, the City Council desires to increase the fine for said offense to $500.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 4-5-8(E)(1) of the City Code is repealed and the following substituted in-lieu-thereof: 1. A person under nineteen (19) years of age who violates the provisions of subsection C of this section is guilty of a simple misdemeanor punishable by a penalty of five hundred dollars ($500.00). SECTION II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall take effect on Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Ap oved by: ~. ~- ~- aq City Attorney's Office Annen/Ord8~Res/ORDunderl9penalty.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/10/2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correa NAYS: None. ABSENT: None. Second Consideration 2 / 24 / 2009 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia, Hayek. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO CHANGE THE TERMS OF THE COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS. WHEREAS, Section 330.20 of the Iowa Code provides that the City shall by ordinance set the length of terms of office for the Airport Commission and that the terms shall not be less than three (3) years and not more than six (6) years; WHEREAS, presently the term for a Commissioners is six (6) years; WHEREAS, the Airport Commission has recommended decreasing the term to four (4) years tc increase the pool of citizens who may be interested in serving as a Commissioner; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 13, entitled "Airports and Aviation," Chapter 1, entitled "Airport Commission," Section 2, entitled, "Composition; Appointment; Term; Vacancies," is repealed in its entirety and the following new Section 2 is substituted in lieu thereof: The commission created by this chapter shall consist of five (5) members who shall be appointed by the mayor with the consent and approval of the city council. Upon expiration of the current six (6) year terms, all appointments shall be for terms of four (4) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the airport commission and upon approval of the city council, the mayor may appoint a nonvoting, advisory commission member who resides outside the city boundaries. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Appr~C ~'`~ ~ - f Q~, e~ City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 2/ 10/2009 VOteforpaSSage: AYES: Wilburn, Wright, Bailey, Champion, Correia, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration 2/24/2009 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell. NAYS: None. ABSENT: None. Date published l~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE A ENDING TITLE 13, ENTITLED "AIRPORTS AND AVIA ION," CHAPTER 1, ENTITLED, "AIR RT COMMISSION," TO CHANGE THE TERMS OF THE C MISSIONERS FROM SIX (6) YEARS TO UR (4) YEARS. WHEREAS, Section 0.20 of the Iowa Code provides that the City shall y ordinance set the length of terms of office for the Air rt Commission and that the terms shall not be ess than three (3) years and not more than six (6) years; WHEREAS, presently the to for a Commissioners is six (6) years WHEREAS, the Airport Com ~ssion has recommended decrea ing the term to four (4) years to increase the pool of citizens who ma be interested in serving as a C mmissioner; and WHEREAS, it is in the City's intere adopt this amendment. NOW, THEREFORE, BE IT ORDAI D BY THE CITY COU IL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 13, entitled "Airports and Aviation," C ter 1, e "Composition; Appointment; Term; Vacancies," is epealE is substituted in lieu thereof: The commission created by this chapter shall co is the mayor with the consent and approval of the cit c terms, all appointments shall be for terms of four yea filled in the same manner as original appointor is are and upon approval of the city council, the may may ap who resides outside the city boundaries. SECTION II. REPEALER. All ordii Ordinance are hereby repealed. SECTION III. SEVERABILITY. If be invalid or unconstitutional, such ad' any section, provision or part thereof of SECTION IV. EFFECTIVE D E. and publication, as provided by I Passed and approved this day of MAYOR ATTEST: CITY G ERK k(ed "Airport Commission," Section 2, entitled, in its entirety and the following new Section 2 of five (5) members who shall be appointed by ncil. Upon expiration of the current six (6) year beginning March 1, 2009. Vacancies shall be n~a~ie. At the request of the airport commission >oin a nonvoting, advisory commission member ~a es and parts of ordina es in conflict with the provision of this y section, provision or part of a Ordinance shall be adjudged to iication shall not affect the validi of the Ordinance as a whole or adjudged invalid or unconstitutiona This Ordinance shall be in effect a r its final passage, approval 2009. Approve ~ ~ _ ,Q~ City Attorney's Office Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER- OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS. WHEREAS, over-occupancy of rental units is an issue that negatively impacts the quality and value of neighborhoods; WHEREAS, the maximum occupancy limit for a rental units is listed on the rental permit, which is available on the City's website and which is provided to the owner when the unit passes inspection; WHEREAS, landlords and tenants are required by City ordinance to sign the Information Disclosure and Acknowledgement Form that specifically states the maximum occupancy of the rental unit; WHEREAS, despite the actual and constructive knowledge of the occupancy standards by owners, landlords, and tenants, there has been an increase in both first and second violations of the occupancy standards in the past year; WHEREAS, the civil penalties presently are $250.00 for first violation, $500.00 for second, and $750.00 for third and subsequent violations of the occupancy standards and all other zoning code provisions; WHEREAS, section 364.22(1) of the Iowa Code allows the City to establish civil penalties for municipal infractions in an amount of not more than $750.00 for first violation and not more than $1,000 for second and subsequent violations; and WHEREAS, in order to increase compliance with the occupancy standards, it is in the best interest of the City to raise the civil penalty for over-occupancy of a rental unit to $750.00 for first violation and 1,000 for second and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," Subsection D is hereby amended by adding the following: The civil penalty for violation of sections 14=2A-5 and 14-2B-5 shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $ 750.00 Second and subsequent offense $1,000.00 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009 MAYOR ATTEST: CITY CLERK Approved by o2 _ ~ _ p ~ City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 02 / 10 / 2009 Vote for passage: AYES:Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn NAYS: None. ABSENT: None. Second Consideration 2 / 24 / 2009 Vote for passage: AYES: Wright, Bailey, Champion,Hayek, O'Donnell, Wilburn. NAYS: Correia. ABSENT: None. Date published