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HomeMy WebLinkAbout1997-04-22 OrdinanceOrdinance No. Page 2 stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with subsection B of this Section. b. Subsection 14-6N-1A4 is hereby amended by adding new subsection c. as follows: c. In the case of a building that was constructed on or before December 31, 1940, and that contains an established fraternity or sorority being converted for use as a rooming house, parking or stacking spaces as require subsection A4a above may be the expanded to more ~a, ~..~'~;'e '"s-I~-i~ng a hi Jpancy than existe, fraternity or sorority use. SECTION II. ordinances and parts of with the provi- sions of this repealed. SECTION I!1. LITY. If any section, provision or part Ordinance shall be adjudged.to be inva )nstitutional, such adjudication shall affect validity of the Ordinance as a or on, provision or part not ad invalid or unconstitutio~ SECTION EFFECTIVE DATE. is Ordi- nance sha in effect after its final approval publication, as provided by ..~~ and approved this /MAYOR / ATTEST: CiTY CLERK /q O April 17, 1:997 To: --SV~ ~,~,~ ~~/~ From: L~ Svoboda, ~ope~y owner Re: Amendment to fraternity and sorority house parking requirem~ Since I was not aware that this issue was before Council until yesterday, I must take time to write this letter of objection to the above proposed ordinance change. I own and operate five multiple family structures in Iowa City, all of which I constructed. I furnished the required parking spaces for each building at considerable expense. The last project, built two years ago, required 43 parking spaces for 16 units. I built the required parking spaces by constructing a two level parking ramp. Land acquisition and construction costs were $490,000 for the parking area alone. I strongly object to the City of Iowa City giving away an expensive "Cost of doing business" to my competitors. I have to build not only the cost of parking construction into my rental fees but also the cost of maintenance of the parking area and property tax for the parking area into my rent structure. I then have to compete with those landlords who do not have those costs. The City of Iowa City is constantly in a parking crisis. The greatest single resource to alleviate that problem is private development of off street parking. Why does the City of Iowa City constantly try to throw away this resource? Many apartment owners have invested much time and money into Iowa City expecting only fair treatment by the city in return. I do not feel that this type of legislation is fair to those of us who have made a financial investment commitment to Iowa City. Even if you favor this amendment, why would the city want to limit the conversion privilege to rooming houses only as the amendment requires? Why not apartments also? Most rooming houses have become "Flop houses" where the tenants care only for their private quarters while the common areas become run down. The kitchen becomes a garbage collection center, the bathrooms become unfit for human needs,' and the common hallways become dirty and cluttered. Also, the amendments states the "Building Official may waive the parking requirements.." That is patiently unfair as the building official may pick and choose which waivers to grant and which waivers not to grant. This amendment was conceived based on fear that all Greek houses will be bought and torn down by developers. That is simply not true. As a developer interested in property along North Dubuque Street, I have personally looked at and turned down the purchase of two fraternity houses which have come up for sale on North Dubuque Street. Lot size and zoning ordinances made redevelopment of the properties impossible. If the city enforces its ordinances uniformly, the Greek houses will not disappem'. This amendment was poorly conceived and poorly written. Most Greek houses provide sufficient off street parking. It is my hope that you will vote against this amendment or at the very least, send it back to be rewritten to provide a fair playing field for those of us that must rely on a level playing field to operate our rental business in Iowa City. Thank You Larry Svot~da 351-6534 Northside City Council Iowa City, Iowa April 22, 1997 Dear Mayor and Council Members, Neighborhood Association Iowa City, Iowa On behalf of the Northside Neighborhood Association, we ask you to deny the proposed waiving of parking requirements for residential housing. We feel neighbors should be notified and allowed to voice concerns each and every time a business or developer asks to have a fraternity or sorority considered for a change in use, density, or parking variance. To waive the parking requirements on these buildings would further add to our already stressed and limited neighborhood parking. For years, the Northside neighbors have been struggling with a parking problem. As you know, the parking problem is a very complex, multi-faceted issue, but one which directly affects our quality of life. Because the Northside has the greatest percentage of sorority and fraternity buildings in the city, the proposed change could also dramatically affect the future of our neighborhood. Thank you for your consideration. Sincerely, Steve van der Woude Board Member, Northside Neighborhood Association 730 North Van Buren 319.354.0953 P.S. You're all invited to our annual Northside Neighborhood Association Fair, held in Happy Hollow Park, Sunday, May 25th, noon-4pm. Hope to see you there! Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, CHAP- TER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGU- LATIONS REGARDING NON-MOTORIZEDVEHI- CLES AND BICYCLES. WHEREAS, the operation of roller skates, in- line skates, skateboards, coasters, and other similer wheeled or coasting devices, including unicycles, is hazardous for the operators, pedestrians and motorists in parking lots, parking ramps, Streets and alleys, sidewalks in the central downtown business district, City Plaza, and other public areas; and WHEREAS, the City Code currently prohibits roller blades, skateboards, roller skates and other such similar devices on roadways and within the City Plaza but does not prohibit such devices in other public areas; and WHEREAS, the City Code currently prohibits bicycles on sidewalks in all commercial districts but should be amended to only prohibit bicycles in the central downtown business district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 9-1-1 is hereby amended by deleting the definition of "Toy Vehicles" and adding a new definition of "Non-Motorized Vehicles" to read as follows: Non-motorized vehicles: roller skates, in-line skates, skateboards, coasters, and other such similar wheeled or coasting devices, including unicycles, but excluding bicycles, wheelchairs, baby strollers, and baby carriages. SECTION II. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: Ordinance No. Page 2 Non-Motorized Vehicles: A. No person shall travel upon or operate a non-motorized vehicle on any road, street, or alley, except in RS-5 (low density residential) and RS-8 (medi~ um density residential) zones. Persons who travel upon or operate non-motorized vehicles on roads, streets, and alleys in RS-5 and RS-8 zones must obey all traffic laws which are applicable to drivers of motor vehicles. B. No person shall travel upon or oper- ate a non-motorized vehicle within any public parking ramp or parking lot. C. Except in the central downtown business district, persons may travel upon or operate non-motorized vehicles on public side- walks but must yield the right-of-way to pedes- trians and must travel upon or operate said non-motorized vehicles in a careful and prudent manner. D. No person shall travel upon or oper- ate a non-motorized vehicle on a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jefferson Street to the north. SECTION III. Section 9-1-8 is hereby amended to read as follows: No person traveling upon or operating any bicycle, motorcycle, or non-motorized vehicle shall cling to or attach to any other vehicle while the vehicle is moving upon any roadway or bikeway. SECTION IV. Section 9-3-9, entitled "Play Streets", is hereby repealed. The remaining sections of Title 9, Chapter 3 shall be renum- bered accordingly. SECTION V. Section 9-8-1E(1) is hereby amended to read as follows: 1. No person shall ride a bicycle upon a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jef- ferson Street to the north. SECTION Vl. Section 10-5-4, entitled "Bicycle and Skating Restrictions" is hereby repealed and a new Section 10-5-4 entitled "Bicycle and Non-Motorized Vehicle Restrictions" is hereby added, to read as follows: Ordinance No. Page 3 Bicycle and Non-IVlotorized Vehicle Restrictions: A. Bicycles: No person shall ride a bicycle within the City Plaza; no bicycles shall be left unattended within City Plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. B. Non-Motorized Vehicles: No person shall travel upon or operate a non-motorized vehicle within the City Plaza. SECTION VII. Section 10-9-2, entitled "Prohib- ited Actions in Parks and Playgrounds" is hereby amended by adding the following provi- sion: J. Non-Motorized Vehicles: 1. No person shall travel upon or operate a non- motorized vehicle within Chauncey Swan Park. 2. Persons may travel upon or operate non-motorized vehicles in all other city parks except where posted as prohibited, and only to the extent the non-motorized vehicles are used in a safe manner so as not to injure persons or property. SECTION VIII. REPEALER.,. All,ordinances and parts of ordinances in conflict.with the provi- sions of this Ordinance are hereby repealed. SECTION IX. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION X. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK City Attorney's Office dennis.rni~.~prohacts.ord Prepared by: Scott G. Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356~5243 ORDINANCE NO. 97-3779 ORDINANCE AMENDING THE ZONING CHAP- TER BY CONDITIONALLY CHANGING THE USE REGULATIONS QF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY MI, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMERCIAL {38.93 ACRES), AND I-1, GENERAL INDUSTRIAL (101.57 ACRES). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximately 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to C1-1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1995) 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 directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to address the above referenced issues. Ordinance No. 97-3779 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified as follows: a. The following property is hereby reclassified from its present classification of County MI, Light Industrial, to C1-1, Intensive Commercial: Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing NOO°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterlv, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NO0°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence NOO°18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl1°43'38"W, 1240.47 feet; Thence S06 °00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 1 6.33 foot chord bears S01 ° 12'12"W; Thence SOO°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along Ordinance No, 97-3779 Page 3 said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. The following property is hereby reclassified from its present classification of County M1, Light Industrial, to I-1, General Industrial: Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'O8"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 1 6.33 foot chord bears N01°12'12"E; Thence NO2°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence NO2°29'45"E, 230.00 feet; Thence NO6°00'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence NOO°03'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°O9'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence SO0°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101,57 acres, and is subject to easements and restrictions of record. Ordinance No, 97-3779 Page 4 SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicant and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Vl. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 22nd day of April,~ 1997(~ ~,4 ATTEcSi~( C/~RK~g~'~""9 ~' )~"~.~L/2 Ordinance No, 97-3779 Page 5 It was moved by Lehman and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Thornberry that the ' First Consideration 3/18/97 Vote for passage: AYES: Vanderhoef, Kubby, Thornberry. NAYS: None. ABSENT: Baker, Norton, Novick, Lehman. Second Considemtion 4/8/97 Voter or passage: AYES: Thornberry, Vanderhoef, Lehman, Norton, Novick. NAYS: None. ABSENT: None. Date published 4/30/97 Baker, Kubby, Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Cor- poration (hereinafter "City") and A.F. Streb and Mary Jo Streb (hereinafter "Owner"). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximate- ly 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to C1-1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1997) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above existing regula- tions, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: A.F. Streb and Mary Jo Streb are the owners and legal title holder (hereafter "Owner") of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6, which property is to be developed as the Scott-Six Industrial Park and is more particularly described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29'~/V, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing N00°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Eastedy Right-of-Way Line of Scoff Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears N07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°18'56'M~/, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sl1°43'38'¥V, 1240.47 feet; Thence S06°00'20'~/, 173.94 feet; Thence S02°29'45'¥V, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02029'45'~N, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01°12'12'~N; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37'¥V, along said South Line, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord. bears N59°59'08'¥V; Thence N60°50'54'~N, along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29'~N, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59059'08"E, to a point on the South Line of said Southwest Quarter; Thence N89038'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21'22'¥V, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01°12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15'¥V, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°03'29'~A/, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corpora- tion; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37'~A/, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37'~A/along said South Line, 1380.99 feet, to the point of Beginning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure the adequate provision and timing of infrastructure improvements on the property, that the development of the property incorporates provisions for storm water management in such a way that water quality 2 and habitat reconstruction are addressed in accordance with existing City development ordinances, and that the development of individual lots along Scoff Boulevard occurs in a manner appropriate for this entryway into the community. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that all infra- structure associated with the development is constructed, that a stormwater manage- ment and water quality plan and landscaping plan be approved by the City pdor to final plat approval, and that certain standards will be adhe__red to on properties fronting on Scott Boulevard to ensure development that is attractive in appearance from this entryway to the city. In consideration of the City's rezoning the subject property from M1 to C1-1 and I-1, Owner agrees that the use and development of the subject property will conform to all of the requirements of the C1-1 and I-1 zones, as applicable, as well as the following additional conditions: do fo Unless otherwise agreed upon in writing by the City and the Owner, all infra- structure associated with the proposed development, including but not limited to streets, curbs & gutters, storm and sanitary sewers, watermains, stormwatei' detention facilities, and sidewalks along the frontage of all outlots, shall be installed prior to the issuance of any building permit for any lot within the subdivi- sion. An escrow payment or letter of credit to cover the cost of uninstalled improvements may be accepted in lieu of completion of the infrastructure im- provements if the City feels it is reasonable under the conditions. Sidewalks will be provided along all commercially zoned lots within the develop- ment and other areas as specifically noted on the preliminary plat, as such individual properties are developed, except as provided above in section 3a above. A stormwater management plan that addresses water quality and the re-estab- lishment of habitat along the relocated stream corridor, if said relocation is approved by the Department of Natural Resources, shall be submitted and approved prior to final plat approval. A concept plan illustrating how this will occur shall be submiffed for review with the p['eliminary plat. All applicable federal, state, and local requirements with regard to the contain- ment, storage, handling, and disposal of hazardous, dangerous, or toxic materi- als shall be adhered to, and all required permits for storing, handling, and disposal of said materials shall be obtained, on a lot-by-lot basis for each individ- ual lot, prior to issuance of a building permit for each lot within this property. All improvements associated with land to be dedicated to the City shall be installed and approved prior to City acceptance of the proposed dedication. On lots with frontage on Scott Boulevard or Highway 6, all building elevations visible from Scott Boulevard or Highway 6 shall be pdmadly masonry, which may include fired bdck, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Devel- 3 o opment determines that the use of such other materials satisfies the intent of this Agreement, All elevations visible from Scott Boulevard shall have a finished facade. Rooftop mechanical devices shall be screened. go On all commercially zoned lots within the development, loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equip- ment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing and/or visible from Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from Scott Boulevard shall include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. Up to 5 feet of this required landscape area may be located within a right-of-way provided that a continuous area at least 10 feet in width is maintained, free of street, access road or sidewalk paving, to allow a sufficient growing area for the landscaping to be established. Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. Freestanding signs within the development shall be limited to one located at each vehicular access point to the property from an arterial street. Individual development lots within the development may provide monument, facia, or other signs as permitted by the City's sign regulations on a lot-by-lot basis, but shall not provide additional freestanding signs beyond that specified above. If signs are to be lighted, they shall be internally illuminated and in compliance with the City's sign regulations. The Owner agrees that each and every development within the Scott-Six Industrial Park that occurs on a commercially zoned lot visible from Scott Boulevard or Highway 6 must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Develop- ment shall review and approve the concept plan based on the criteria listed above and the City's then existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifica- tions substantially satisfy the intent of the criteria. Decisions of the Director shall be completed within the twenty-one (21) day period provided by City Code, and may be appealed to the City Council after review and recommendation by the Planning and Zoning Commission. The Owner acknowledges that the conditions contained herein are reasonable condi- tions to impose on the land and under Iowa Code 414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning changes. The Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will 4 conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City and may not be superseded or avoided by separate private covenants not recorded and not within City's knowledge. The Parties further acknowl- edge that this Agreement shall inure to the benefit of and bind all successors, represen- tatives and assigns of the Parties. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, including but not limited to Department of Natural Resources approval of the relocation of the stream corridor located on the property and the need for local, state, or federal permits for containment, handling, storing, or disposing of hazardous, dangerous, or toxic materials on any site within the development. Dated 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 Owner's expense. this /~,~ day of ~ , 1997. OWNER A~~Husband Approved by: City Attorney's Office .~- CITY OF IOWA CITY By: ~;~aom'~. N~vick, Mayor Attest: Madan K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON C_.,~NTY ) On this_~';ay of ]'~~/,~ ,1997, beforeme, the undersigned, a Notary Public in and for said County, in said State, personally appeared A. F. Streb and Mary Jo Streb, to me known to be the husband and wife and to be?.~ identical persons named in and who executed the within and foregoing instrument~,a~,nowledged that he executed the same as his voluntary act and deed. ~=,.r~, ~ ~ /~ lotary Public in and for the State of Iowa STATE OF IOWA ) ~ ) SS: JOHNSON COUNTY ) On this ZZ ~ day of t~he,'~ , 1997, before me, ~o~.~A,.¢ ~-~.~-L7 , a Notary Public in and for State of Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (f'4e$olution) No. 77-3?'7~ passed by the City Council, on the ~-~'---~ day of e_-~u~;( ,19 ~) , and that Naomi J. Novick and Marian K. Karr acknowledged the ex tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdadmln/streb.agt 6 Prepared by Ele ilkes, Assistant City Attorney, 410 £. Washington Street, iowa City, IA 52240; 319-.'. ~ ORDINANCE NO. AN ORDINANC~ AMENDING TITLE 2 OF THE CITY CODE, THE HUMAN RIG ~/1; ,ORDINANCE OF THE CITY or~ IOWA CITY, IOWA, TO MAKE IT SUBSTANTIALLY EQU~ Vl .ENT TO THE FAIR HOUSING/~MENDMENTS ACT OF 1989. J WHEREAS, Title 2\of the City Code, the Human Rights Ordinan~, has been reviewed by the United States Departmeh~ of Housing and Urban Development ("HU,~P'! and HU.D has determined that said ordinance is not subs~tantially equivalent to the Fair Housing A,~endments Act of 1 989 ("FHAA"); and ~ WHEREAS, in order to ~ btain funding from HUD desi to facilitate investigation of housing discrimination claims, and ate claims of housing in Iowa City, it is necessary that the Iowa City Human Ri Ordinance ("ICHRO") be by HUD to be substantially equiva- lent to the FHAA; WHEREAS, HUD has inform the City of Iowa that certain amendments must be made to the ICHRO before a certificate of ~stantial equiv~ will be issued; and WHEREAS, although HUD will to the FHAA until the ICHRO is to the ICHRO made herein will make ments Act of 1989. NOW, THEREFORE, BE IT ORDAINED SECTION I. Chapter 1 of Title 2 o~ of the definition of "Familial Status" ir distinct unlettered paragraph after s Protections against on the pregnant or is in the process of of 18 years. SECTION II. Chapter 3 o a. Deleting the title of ABETTING; RETALIATION b. Adding a new C. Any person enjoyment of, or on ac in the exercise or en' officially legal 'itle 2 of the City ;tion 2-3-5 and sub,, ~,TION. that the ICHRO is substantially equivalent ordinance, it is anticipated that the amendments substantially equivalent to the Fair Housing Amend- CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Code is hereby amended by deleting subsection (C) 1-1 and substituting the following as a separate and said section: ~f familial status shall apply to any person who is of any individual who has not attained the age hereby amended by: the following in lieu thereof: AIDING OR (C) to Section 2-3-5 to r as follows: intimidate, threaten, or 'fere with any person in the exercise or of his or her having exercised or oyed, or encouraged any other person of, any right granted or protected Section 2-3-1, 2-3;2, 2-3-3, 2-3-4, or 2-5-3. 2-5-~'ECTION Ill. hapter 4 of Title 2 of the City Code is hereby~a~mended by: a. Adding ~ ~v subsection "B" to Section 2-4-1 to read as f(~lows: B. Up~)4~ the filing of a complaint the Commission shall s~ve notice on the complainant ac/t~nc wledging the filing and advising the complainant ol~the time limits and choice of zf~Srur~ s provided under the law. ~ b. De~ting subparagraph "D" of Section 2-4-1 and substituting, in~ieu thereof, the following: /O~ ~,,c,la,im under this Title shall not be maintained unless a compl~nt is filed with the Commis- sion within 180 days after the alleged discriminatory or unfair~ractice occurred. /~Z Relettering subparagraphs "B", "C", "D" and "E" of Section 2-4-1 )~s "C", "D", "E" and "F," res~ ec vely. .. ~ / d. Amending subparagraph A" of Section 2-4-2 by deleting said sectionN~nd substituting in lieu ' thereof, the following: '~ - Ordinance No. Page 2 ~. After the filing of a verified complaint, a true copy shall be served within ten (10) days by certified mail on the person against whom the complaint is filed. e. ~ending Section 2-z~-2 by adding a new subsection "B" to read as follows: B. Upon the filing of a complaint the Commission shall promptly serve notice on the respc or person charged with the commission of a discriminatory housing practice ac ~em of his or her procedural rights and obligations under the law or ordinanc ether h a copy of the complaint. f. ~g Section 2-4-2 by adding a new subsection "C" to read as follow: C. :oremission must commence proceedings with respect to the the end of thl :]0th day after receipt of the complaint. g. Reletterin ~ubparagraphs "B", "C", "D" and "E" of Section 2-4-2 "D", "E", "F" and "G" res h. Amending E. The of the date is unable to i. Amending 2-4-3 by adding a new subsection "E" to r( as follows: ~sion shall make final administrative dispositi a complaint within one year receipt of a complaint, unless it is impra~ to do so. If the Commission so, it shall notify the complainant af ]ondent in writing. .4-5 by adding a new subsectior to read as follows: K. In connection housing discrimination under Chapter 5 of this Title, the Commission may, vindicate the public inte~ assess a civil penalty against the respon- dent in an amount to exceed those by Code of Iowa Chapter 216.15A. Funds collected his section shall paid to the City of Iowa City for deposit to the City Treasury to the cr~ of the ge~ fund. j. Adding a new Section follows: Section 2-4-10: CIVIL SING: A. A complainant, a respondent, an aggrieved person on whose behalf a complaint alleging a violation of Chapter 5 of this Title w~ may elect to have the claims asserted in that charge decided in a civil action. 1. The particular party elec to have or her case decided in a civil rather than administra- tive action under Section 2-5-4 (( do so :er than twenty (20) days after the date of receipt of the probable cause determin In the event Commission makes such election, it must be made not later than twenty C days after the date determination was issued. 2. The person ~g the election shall otice to the Commission and to all other complainants and respond to whom the election 3. The election the charges of a complaini ,cided in a civil action as provided here, is available only if it is ed there has been a violation of :tion 2-5-1 or 2-5-3. B. An aggriew person may file a civil action in district urt not later than two (2) years after the occurrence or the of an alleged discriminatory or real estate practice, whichev- er occurs last, to ol appropriate relief with respect to the housing or real estate practice or breach a conciliation agreement. 1. The (2) year period does not include the time between filing of a housing or real estate practice di crimination complaint and the disposition of that com int by the Commission. 2. An a rieved person may file an action under this section or not a discriminatory housing or real complaint has been filed under Section 2-5-1 and/or ion 2-5-3, and without regard to the of any discriminatory housing or real estate complaint nder those Sections, but: a. If e Commission has obtained a conciliation agreement with the of an aggrieved person, the ggrieved person shall not file an action under this section with res' ,to the alleged discriminat~ , practice that forms the basis for the complaint except to enforce th~N~erms of the agreemen ~ An aggrieved person shall not file an action under this section with respect to)an alleged disc housing or real estate practice that forms the basis of a probable cause determination issu, by the Commission if the Commission has begun a hearing on the record under this chapter with respect to the charge. k. Adding a new Section 2-4-11 to read as follows: Ordinance No. Page 3 Section 2-4-1 1: CIVIL PROCEEDINGS-HOUSING: A. 1. If timely election is made under Section 2-4-10(A), the Commission shall authorize, not later than thirty days after the election is made, the filing of a civil action on behalf of the complainant in district court and the City Attorney, or its designated agent, shall commence ~nd maintain such action. 2. An aggrieved person may intervene in the action. 3. If the district court finds that a discriminatory housing or real estate p~ has or is about to occur, the district court may grant as relief any relief th~ court may in a civil action under subsection D. If monetary relief is sought for the benefit of an aggrieved who does not e in the civil action, the district court shall not award the relief if that a. person has not complied with discovery orders entered district court. B. A order for remedial action and a commission ord~ has been substantially affirmed udicial review, do not affect a contract, sale, er ~, or lease that was before the Commission issued the order an, a bona fide purchaser, ~r tenant who did not have actual notice o charge issued under this Title. C. If the ~sion issues an order with respect to scriminatory housing practice that occurred in the ~rse of a business subject to a lice or regulation by a governmental agency, the ion, not later than thirty days the date of the issuance of the order, shall do all of the ~ing: 1. Send copies findings and the ord~ the governmental agency. 2. Recommend to overnmental age~ appropriate disciplinary action. D. In an action under :ion 2-4-10(A 2-4-10(B), if the district court finds that a discriminatory housing or real ;rate pra~ has occurred or is about to occur, the district court may award or issue to or more of the following: 1. Actual and punitive dama 2. Reasonable attorney's fees. 3. Court costs. 4. Subject to subsection E ,~nt or temporary injunction, temporary restraining order, or other order, in¢ludin order en ~g the defendant from engaging in the practice or ordering appropriate affir action. E. Relief granted under t~ section does not aff~t a contract, sale, encumbrance, or lease that was consummated/JSe! 'e the granting of the i~ef and involved a bona fide purchaser, encumbrancer, or ten~4t who did not have actual notic~e~of the filing of a complaint under this Title or a civil action/~nder this section. F. The city attorn~, on behalf of the Commission or other~R,arty at whose request a subpoena is issued, may en/¢orce the subpoena in appropriate proceed~s in district court. G. A court in a/~ivil action brought under this section, or the C~mmission in an administrative hearing under~ection 2-5-4(G), may award reasonable attorney'Sfees to the prevailing party and assess c)~urt costs against the nonprevailing party. SECTION IV. ~(MENDMENT. Chapter 5 of Title 2 of the City Code is ~reby amended by: a. Amending/Section 2-5-1 by adding a new subsection 'F" to read as f~ows: F. For p~rposes of this title, "aggrieved person" includes na y~p.ers..on w'~: 1 ) claims to hal ~ been injured by a discriminatory housin pg ractice', or 2) believes t~l~t such person will be injured by/discriminatory housing practice that is abo~t_ ._._t,o,,,o,,cc~u_r~ b. An ~d ng Section 2-5-1 by adding,~ new subs ction 'e'G" to read as follows:~ G. 'or purposes of this Chapter, dwelling" a d/n or "housing accommodatio~ means any building, ~ct ~re, or portion thereof which is occupied s ca rdesi, gnedor intended for oc-~upancy as, a by one or more families, and any vacant I nd wha ich is offered for sale or lease for the or location thereon of any such building, structure, or portion thereof. Amending Section 2-5-1 by adding a new subsection "H" as follows: H. For purposes of this Chapter, "covered multifamily dwelling" means any of the following: a. A building consisting of four or more dwelling units if the building has one or more elevators. b. The ground floor units of a building consisting of four or more units. Ordinance No. Page 4 d. Amending Section 2-5-2 by deleting subparagraph "A" thereof and substituting the following: ~. Any bona fide religious institution with respect to any qualifications it may impose based on religio'~, when these qualifications are related to a bona fide religious purpose unless the religi,,~ institution,~wns or operates property for a commercial purpose or membership in the re~?~on is restrict.ed .o .~account of age, color, creed, disability, gender identity, marital status, factual status, national origii~ race, sex, sexual orientation, presence or absence of dependents or p,g~r~lic assistance source of incor~e. , ,, ~' e. Amendin~ Section 2-5-2 by deleting subparagraph ' C thereof and ~,~ ~uting the following: C' Any. n~nprofit institution or organization operated, supervis or controlled by or in conjunction with a~ organization, association, or society fro~ the sale, rental or occupancy of s which it owns or operates for other than acc purpose to persons of the same religion or ~m giving preference to such persons, unl~ membership in such religion is restricted on account age, color, creed, disability, gender id~ marital status, familial status, national origin, race, ~exual orientation, presence or abse of dependents or public assistance source of income. f. Amending Section -2 by deleting subpara E. Rooms or units in ings containing living qu no more than four lies living independer premises, or some thereof, and exemption, 'Owner' shall defined as a in the property. g. Amending Section 2-5-2 by h. Amending Section 2-5-2 by G. Nothing in this Title limits the number of occupants permitted to occu familial status apply with respect to hoL for older persons" means housing: 1. Provided under any Stat, Federal assist elderly persons (as defined State or of Housing and Urban Develo or thereof and substituting the following: occupied or intended to be occupied by of each other, if the owner occupies the resides therein. For the purposes of this having at least a fifty percent (50%) interest raph "F." subparagraph "G" and substituting the following: cability of the City's restrictions regarding the maximum Nor does any provision in this Title regarding ~lder persons. For the purposes of this title "housing ram that is specifically designed and operated to ~1 program and as determined by the Secretary 2. Intended for, and s 3. Intended and o unit. In determining regulations promul. the following two crit~ a. that age or older per uni and occupied by, for occupancy by at ~2 years of age or older; or one person 55 years of age or older per housing qualifies as housing der person under this subsection, the the Secretary of Housing and Urban velopment shall apply and at least must be present: 80 percent of the units are occupied least one person 55 years of b. th~ )ublication of, and adherence to, policies and res which demonstrate an intent by the or manager to provide housing for persons 55 years ~ge or older. Howew such housing may not otherwise be restricted on the of age, color, creed, disability, gert identity, marital status, familial status, national origin, eligion, sex, sexual orientation, assistance source of income or presence or absence of de ~ts. i. Am~ Section 2-5-2 by deleting subparagraph "H." j. Section 2-5-2 by deleting the introductory paragraph thereof and ~tuting the 2-5-2: EXCEPTIONS: The following are exempted from the provisions of this Ti~,~., except that paragraph C of Section 2-5-1 of this Title prohibiting discrimination in advertis~'~ shall /~ apply with regard to paragraphs B,,, D, and E of this.Section. ,, ~ k,; Amending Section 2,,-5-3 by deleting January 1, 1992 in subparagraph E" and replacii~it with September 12, 1991 . ~ I. Amending Section 2-5-4 by deleting subparagraph "D" and substituting in lieu thereof the following: Page ~ce No. D If the Commission concludes, following the filing of a complaint, that prompt judi action is he, to carry out the purpose of this Title relating to unfair or discriminatory or real estate the Commission may authorize a civil action for appropriate temporary preliminary relief pendin. final disposition of the complaint and the City Attorney and/or a desigr agent shall promptly ~ence and maintain such proceedings. SECTION REPEALER. All ordinances and parts of ordinances in conflict the provisions of this Ordinance hereby repealed. SECTION VI. ;EVERABILITY. If any section, provision or part of the 0 shall be adjudged to be invalid or ~stitutional, such adjudication shall not affect the w of the Ordinance as a whole or any ~rovision or part thereof not adjudged invalid or ~constitutional. SECTION VII. 'lYE DATE. This Ordinance shall be in effecl its final passage, approval and publication, as by law. Passed and approved this __ day of MAYOR ATTEST: CITY CLERK City Attorney's Office eleanor\hrc.ord Prepared by: Doug Ripley, Traffic Engineering Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254 ORDINANCE NO. 97-3780 AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER 3, SECTION 6C THEREIN TO EX- TEND THE SCHOOL ZONE ON BENTON STREET FROM BENTON DRIVE TO HUDSON AVENUE. WHEREAS, the City Code provides the speed limit for vehicles in school speed zones shall be twenty (20) miles per hour; and WHEREAS, the pedestrian crosswalk across Benton Street for Roosevelt Elementary School is midblock between Miller Avenue and Hudson Avenue, which is outside the school zone. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT TO SECTION 9-3-6C. Section 9-3-6C is hereby amended by deleting the provision which provides "Benton Street: From Benton Drive to Miller Avenue" and adding a new provision which reads as follows: "Benton Street: From Benton Drive to Hudson Avenue." SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 22n.cl day of Apri 1 ,19 97 MAYOR ~ ~/ L ~./ .,./' / ATTEST://~-~ ,,~. ~ CITY CLERK Appjzove.~t by ~ ~,~ City Attorney's Office ppdadmin\bentondr.ord Ordinance No. 97-3780 Page 2 It was moved by Thornberry and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman x Norton X Novick X Thornberry 'X Vanderhoef Vanderhoef that the First Consideration 4/8/97 Vote for passage: AYES: Thornber'r~v, VAnderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 4/30/97 Moved by Thornberry, seconded by Lehman, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry. NAYS: None. ABSENT: None.