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HomeMy WebLinkAbout1996-08-06 OrdinancePrepared by: .~co~[ Kdi:lar. Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City, IA 52240; (319) 356-5243 ORDINANCENO. AN ORDINANCE AMENDING THE CONDITION- AL ZONING AGREEMENT FOR WESTPORT PLAZA LOCATED AT 855 HIGHWAY 1 WEST WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance") rezoning an approxi- mate 28 acre property at 855 Highway 1 West from I-1, Industrial to CC-2 Community Com- mercial, said property being subsequently de- veloped as WestPort Plaza; and WHEREAS, said Ordinance authorized exe- cution of a Conditional Zoning Agreement (Agreement) between the City of Iowa City (City) and the Joseph Company, which agree- ment regulated development of the subject property; and WHEREAS, portions of said property have since been sold to Randalis International, Morris Family Corporation, Brenton Banks, and Martel Corporation ("Owners"), upon which the Agree- ment is binding; and WHEREAS, Staples Inc., ("Applicant"), has requested that certain regulations within the Agreement be ~,mended to allow further devel- opment of the subject property; and WHEREAS, Condition B.4 set forth in the Agreement required that the property be devel- oped as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of building within the development provide horizontal continuity; and WHEREAS, given the current level of develop- ment within the subject property, the anticipat- ed impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-refer- enced provisions. It is thus within the public interest to relieve said property of certain regu- lations contained in the original Conditional Zoning Agreement; and Ordinance No. Page 2 WHEREAS, the City, Owners and Applicant agree that the requirements for a cohesive, integrated development and to provide horizon- tal continuity of building facades are no longer necessary on said property; and WHEREAS, the City, Owners and Applicant now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building fa- cades, which amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF iOWA CITY, IOWA: SECTION I. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.4 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.4) Joseph Company agrees that the +28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site. will be developed with one major en- trance on Highway 1 West. Nothing in this Agreement shall preclude a secondary en- trance at the eastern boundary of the Site Development. SECTION 11. Ordinance 89-3418 and the ac- companying Conditional Zoning AGreement are amended by deleting Section B.7 of the Agree- ment in its entirety and adopting in lieu thereof the following: R.7) Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are com- patible, as shown on the drawings present- ed to the Planning and Zoning Commission and dated April 20, 1989. SECTION III. AMENDED CONDITIONAL ZON- ING AGREEMENT, CERTIFICATION AND RE- CORDING. Following final passage and approv- al of this Ordinance, the Mayor is hereby autho- rized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agree- ment between the property owners and the City, and after said execution, the City Clerk is hereby directed to certify a copy of this Ordi- nance and the Amended Conditional Zoning Agreement for recordation in the Office of the Ordinance No, Page 3 Recorder, Johnson CounW, Iowa, at the Appli- cant's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. 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 Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5243 AMENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of iowa City, Iowa, a Municipal Corporation (hereinafter "the City"), and RandalIs International, Morris Family Corporation, Brenton Banks, and Marrel Corporation (hereinafter collectively referred to as "Owners") and Staples Inc., (hereinafTer "Applicant"). WHEREAS, Owners are legal title holders of property located at 855 Highway I West, legally described in Exhibit "A" attached hereto; and WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance"), rezoning an approximate 28 acre property located at 855 Highway 1 West from I-1, Industrial, to CC-2, Community Commercial, said property being subsequently developed as WestPort Plaza; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement (Agreement) between the City and the Joseph Company, which agreement regulated development of the subject property; and WHEREAS, portions of said property have since been sold by the Joseph Company to Owners, upon which the Agreement is binding; and WHEREAS, Condition B.4 set forth in the Agreement requires that the property be developed as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of buildings within the development provide horizontal continuity; and WHEREAS, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement; and WHEREAS, the Parties feel that the requirements for a cohesive, integrated development and to provide horizontal continuity of building facades are no longer necessary on said property; and WHEREAS, the Parties now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building facades. 2 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, it was intended that the property wou!d develop with connected buildings in accordance with the conceptual site plan date April 20, 1989. The parties further acknowledge that the original Conditional Zoning Agreement also required horizontal continuity in building facades, as illustrated on drawings presented to the City dated April 20, 1989. The Parties acknowledge that subsequent to the signing of the original Conditional Zoning Agreement, a private covenant was recorded which in effect restricts the development of the property in accordance with the above-referenced provisions of the original Conditional Zoning Agreement. However, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement. The original Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby amended by deleting Sections B.4 and B.7 in their entirety and inserting in lieu thereof the following: B.4) The Parties agree that the ± 28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major entrance on Highway 1 West. Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Develop- ment. B.7) The Parties agree that the final design of the Development Site shall provide facades in the retail centers that are compatible, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the ~'ublic safety of both the residents in the area and the community. Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners or Applicant from complying with all applicable, local, state and federal regulations. 3 CITY OF IOWA CITY, IOWA BY: Naami J. NovIck, Mevor MORRIS CORPORATION ATTEST'- .- ----~--~ Maxta~ K. K~rr, City QIQrk STAPLE~. INC. - By: MARRE[, CORPORATION By-'_ 010/900i~ $i',{VASi g6/9Z/90 ~,~ ~ 3=Z:)~ COUNTY ) ~ ..... A.D. 1 ~C~,~ · before ~), ]l ,~.~ ~ ?e. ~,~--h~V ~ '~.~ In~rumlnt w-s eigne~ (~d ~.~_ - ~ ~' ..... r~' ana thl~ ~t No~W Public in ant ~or amid ACKNOWI.~DGEMENT OF MORRIS CORPORATION sTATE OF ~ _ COUNTY N~tary ~ubll-~'~--in and far 18__._~, before me, the undersigned, a ,A-D, . perGenatly appeared - , to n~e pereonelly known, who. and _ - - _ and as such officers a~k~owl~gad the execution of amid jna~ment ~o be the vOlUnta~ mot a~ da~d of ~id c~pora~on, by it and by ~em v01untarily executed- public in and for'amid County and State 96.'8Z/90 · JU~ ~ '~ 10:3~c~ C-~-DST£IM & KRITZ 0~/~&/96 0~:40 ~319 384 4251 $HI~ JlA'I'TI~¥ 3 Tho Partlos agree that tho Iowa City C:iw Clerk shale record this Amonde~i Concll"d~nai Zonit~g Agra#man~ in the Johnson County Record~'s Off~O at Ownat~' Oxpar, lo. Dated this day of ,1808, RANDAl LIS INTERNATIONAL CiTY OF IOWA CITY, IOWA By: By: Naomi J. NovicE, Mayor MORRIS CORPORATION ATTE$?: - , ,., Ma~ta~ K. Karr, ~tv Olark STAPLES, INC. BRENTON BANKS By: MARRBL CORPORATION By: JUN ~8 '9G 10::~PiH ~STEIH & K.qITZ 06/20798 08:41 "~'319 364 42B1 9/10 ~,~0 ~.~.~~ COUNTY ACKNOWI,.EDGEMENT OF STAPLES, INC. ) On this ~ dly ~f. :..~--)~ p~c~ ~l,d _ ~- - as ~uch a~o~ ack~wledged ~ho exeo~on of ~d in~ument to be the vmlu~ mot and dnnd STACEY f. ISRAEL No{ary Public My Commission [spires April 22. 1999 3 Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. Dated this 16th day of July RANDALLS INTERNATIONAL The Parties agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. ,1996. CITY OF IOWA CITY, IOWA By: MORRIS CORPORATION By: Naomi J. Novick, Mayor By: STAPLES, INC. ATTEST:__ Marian K. Karr, City Clerk By: B REN~-.~ BANKS ~ MARREL CORPORATION By: 5 ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF IOWA. ) ) ss: LINN COUNTY ) On this 16th day of July , A.D. 1 9 96, before me, the undersigned, a Notary Public in and for the State of Iowa , personally appeared Charles G. Riepe ~ , to me personally known, who, being by me duly sworn, did say that ~j~ the senior vice prestdeml:ld - , ~fi'~l~1% of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (end~eaied) on behalf of (~d~ktl-z~e~seakek~t) said corporation by authority of its Board of Directors; and that the said senior v~Lce pres:ttlent as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I. $1 ~' ,C~iO#~Z.~i~S I Notary Public in and for said County and State ACKNOWLEDGEMENT OF MARREL CORPORATION STATE OF __ ) ) ss: COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did saythat they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged 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 said County and State EXHIBIT (A) WESTPORT PLAZA LE;AL DESCRIPTION CoM~nenctng at the Southeast Corner of the Southwest Quarter of Section ]6, Township 79 North, Range 6 West of the 5th P~inctpml ~rtdian; Thence (An Assumd Bearing). along the Emst Line o~ said Southwest Quarter 230.00 feet t? the Joint of Beginning; Thence continuing NOO.5]'23'E &long said East Ltn~ of the southwest Quarter, 927.]7 feet, to a Point which is 500.00 f6et southerl oF th~ ~ntersectton of said East Line with the South r - . · ZOWa ,fiery Road NO. ], and fs the Southeast Cor~ ly~?~ O,f~:~ conve~ed to the C~ty of Iowa City, ]oka, by WarrantyDeed, Recorded thOled Book 568, ~t P~ge 286, oltre Redoes or the ~ohnson Count~ Recorder's O~ft~. ~g'08'37'~, EO.00 feet to the Southwest '~' '"~"~ ...... Corner of s~d tract; ~hence S00.5]'~3'g, ~ong a line ~lch lS p~r~llel ~th ind ~0.00 feet gesterl~ of Elst L~ne o~ the Southgest quarter ~33.6g feet, to the Southeast corner of Lot ],.of Ruppert Su~vts~on, P~rt One, is Recorde~ tn Pl~t Book Z7,'~t Plge o~ the Records of the ~ohnson Count~ Recorder's Or~tce~ Thence NBg'OB'37'g, along the Southerl~ L~ne of s~Jd Lot ], ~Z5.7] feet; Thence N4g-57,3g~g, ~38.66 feet, to ~ Point on the Southerl~ RJght-of-~,~ Ltne of ~o~ Prtmar~Ro~d ~o. ]; Thence So~th~esterl~ 8.8] ~eet, ~1ong sa~d Southerl~ R~ght-of-ga~ Ltne on i ~3].~ foot rid~us curve, concave Southerl~ ~hose 8.8] foot chord bears S70.07']3'~ to Point ghJch 1s ]56.2 ~eet ridtally distant Southe~sterl~ of the Centerline s~d ~ow~ Pr~mar~ Road No. ], ~t St~tton ~4E+50; Thence S58.~]']8'H, along s~td Sou~herl~ R~ght-o~-ga~ L~ne 330.50 feet, to ~ Point ~h~ch Js ~60.00 feet, rad~11~ dtsttnt ~outhe~sterl~ ~ sl~d Centerline o~ ~oga Pr~m~r~ Ro~d No. ~t Station ]43+00, Thence S48']8'47'g ~1ong said Southerl~ R~ght-o~-ga~ L~ne, 4Z3.33 ~eet, ~o ~ Point gh~ch ts ]80.00 ~eet, radially d~stant So~the~sterl~ ~? Centerline o~ ~a PrJm~r~ Road ~o. ], ~ St~t~on ]38+50; Thence ~'00'45~g, ~]ong s~Jd Southerl~ R~ght-o~-~ Ltne, Z~0.30 feet, to t Point ~h~ch Js on the Northeasterl~ L~e~ts Line o~ the [x~st~ng A~r~ort Clear Zone; Thence S4g.57'3g-E, along sa~d Northeasterl~ L~m~ts L~ne, g~6.g~ feet, to ~ Point on the North L~ne of the Piteel conve~ed to the Ctt~ o~ ~o~a C~t~ b~ Deed, Recorded in Deed Book ]85, at Page 321, of the Records of the Johnson County Recorder's Office; Thence NBg.42'40'E, along said Northerly Line, 811.94 feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. City of Iowa City MEMORANDUM Date: July 31, 1996 To: City Council From: Robell Miklo, Senior Planner Re: REZ96-0011 Meadow Ridge, Part 2 In the attached letter Larry Schnittjer indicates that the Sensitive Areas Ordinance caused "inordinate" delay in the review of Meadow Ridge, Part 2. He indicates that Planning & Zoning Commission and staff recommended that the applicant redesign the development. The suggestion to redesign the development only came about after the applicant, Richard Phipps, indicated at a Planning and Zoning Commission meeting that he may be back at a later date to attempt to fit in more units behind the three duplexes being proposed. Staff and the Commission advised Mr. Phipps that the proposal to add additional units behind the duplexes would not meet Code requirements and that if his goal was to build more units, the initial design of the project should take this into account. At this point Mr. Phipps indicated that he would defer the application and redesign the subdivision to include a total of 13 units. Several weeks then passed before the applicant submitted a plan very similar to the original plan with only 7 units. He indicated that he did not submit a redesigned plan because he did not want to invest in the cost of building a street that would have been needed to serve the 13 unit design. Although it is true that a Sensitive Areas Development Plan does have a longer review process than a standard subdivision, the actual review time would have been shorter for this development if the applicant had not delayed the review process in order to consider building 13 units, or if the applicant had submitted a revised plan in a more timely manner. Attachment ba~nemos',729.rm 'CCm9 rrjl Date: August 1, 1996 To: City Council, City of Iowa City From: Jeff Davidson, Transportation Planner Re: Meadow Ridge Subdivision Part 2 The Iowa City Traffic Engineering Division has conducted a traffic signal warrant study at the intersection of Foster Road and Dubuque Street. Somewhat surprisingly, the study showed that traffic conditions have not changed significantly at this intersection since the study which was completed in 1988. Warrant number two, which applies to operating conditions where traffic volume on a major street is so heavy that traffic on a minor intersecting street suffers excessive delay, is barely met. Foster Road traffic volumes as a percentage of total intersection volume are very small. There is not a significant accident history at the intersection. To address concerns that July is an inappropriate month to collect traffic data in Iowa City, we obtained monthly Dubuque Street traffic counts from Iowa DOT. Iowa DOT has a permanent traffic volume recording station on Dubuque Street near Fairchild Street. The information showed the monthly average daily traffic volume on Dubuque Street to be 13,573. July was 13,807; 2% higher than the average. Staff's recommendation continues to be to evaluate this intersection on a regular basis, but not install a traffic signal at the intersection at this time. Continued development of the Peninsula area and/or extension of Foster Road between Dubuque Street and Prairie du Chien Road will eventually create the need to signalize the intersection. We do not feel the proposed six dwelling units warrant installation of the signal and reconstruction of the intersection at this time. Engineering Division has taken the position that this intersection should not be signalized until it can be reconstructed with improved intersection geometry. ba~nemos~davidson.8* 1 M MMS CONSULTANTS, INC. M 1917 S. GILBERT ST. · IOWA CITY · IOWA 52240-4363 OFFICE: 319-351-8282 FAX: (319) 351-8476 L.S. (Retired) P.E. kS. & P.E. P.E. P.E. P.E. Robert D. Mickelson Larry R. Schn[ttJer Christopher M. Stephan Glen O./4eisner Dean E. Beranek Oennl$ J. Keitel Paul V. Anderson Edward R. Rrlnton Z Z n July 16, 1996 Scott Kugler, Planner Iowa City Department of Civic C~nter 410 East Washington Iowa City, Iowa 52240 Planning & Progrin Development RE: Meadow Rid9e, Part 2 REZ96-0011 Preliminary Plat & OSA/RS-12 Dear Mr. Kugier: D,,e to the inordinate time period required for the proceedings fcr Preliminary Plat and OSA/RS-12 rezoning approval o~ this project, i~, three P&~ meotings, redesign considerations at suggestion of ~taff ~d Platting Cov~ission, and the extended approval process for a rezoning at the City Council level, the developer is requesting that the City Council consider collapsing the readings 4nd expediting the ~Dp~oval of this application. unde~ normal circumstances, this project (a four lot minor subdivision) may have been approved in about five or six weeks from ;.be submittal date. Due to the 0SAZ requirements, which the project as desJgne~ does NOT disturb, the approval will take sixteen or seventeen weeks to secure approval if the readings are not collapsed. Respectfully zubmitted, M1~S_ CONSU~T~-NTS, INC. )~arry R. Scb_n~ttjer Project No: 0254\006 Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City. IA 52240; 319-356- 5247 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTI- CLE H, ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDIJ STRI~t~ WHEREAS, the General Industrial 2 ~ne, I-1 zone, is intended to provide for t 3~/~levelop- merit of most types of industrial fi~.4ns; and ~, WHEREAS, atrucking termin wo[Id allow ~e centralized facility for the Ioa~ and unload- ih~g of goods and materials; a truck facility will rearer materi- mission ~s recomr definitions protect the b has be THE and Zoning Corn- that the definition of be added to the zoning of the City Code and, to uses within the I-1 zone, truck terminal facilities I-1 zone as a provisional use. )RE, BE IT ORDAINED BY 3F THE CITY OF IOWA ~WA: iECTION Chapter," ," bez ~g definition: L. Chapter 6, entitled entitled "Zoning elude the follow- TRUCK the storage of truck trailers loading and unloading and tern goods and materials. Chapter 6 entitled "Zoning Article H entitled "Industrial Zones," entitled "General Industrial Zones," be to add the following provisional use. (c) PROVISIONAL USES. (5) A facility for ed to the orage of Truck terminal facilities, provid- ed: a. All vehicles on the property are in operational condition and are properly licensed as required by State or Federal b. No vehicle is stored for more than 90 continuous days on the property. c. The parking and trailer storage area is surfaced City of Iowa City MEMORANDUM Date: August 1, 1996 To: City Council From: Robert Miklo, Senior Planner Re: Amendments to the Sensitive Areas Ordinance In his statement of July 16, 1996 William Buss raised concerns regarding amendments to the critical slopes section of the Sensitive Areas Ordinance. He stated that the proposed amendments to require administrative site plan review of properties containing critical slopes rather than the current ordinance requirement for a planned development zoning would 1) lessen public input; 2) lessen enforcement of the letter and spirit of the ordinance; and 3) lessen protection of sensitive areas. From staff's perspective the proposed amendment would not lessen protection of sensitive areas. The guidelines that apply to development of properties containing critical slopes are the same regardless of whether staff approves a Sensitive Areas Site Plan or the Council approves a Sensitive Areas Development Plan. The enforcement level should also remain the same regardless of whether the plan is approved by Council or staff. The statement that there would be less public input if the amendment is passed would be true in some cases. However, with most developments, in addition to a site plan, a subdivision or even a rezoning is likely to be involved and there would be oppodunities for public input regarding the overall development. Mr. Buss also indicated that the proposed amendment does not grow out of any experience applying to the Sensitive Areas Ordinance. The proposed amendment was actually recommended by the Board of Adjustment as a result of three cases in which the application of the Sensitive Areas Ordinance was appealed to the Board. These included developments on the Elks Club, Iowa City Tennis & Fitness Center and Walden Square on Mormon Trek Blvd. properties. In each of these cases, the properties contained critical slopes. However, in two of the cases, the developments did not affect the critical slopes, but the current Sensitive Areas Ordinance required that a Sensitive Areas Development Plan and rezoning be reviewed by the City. The Board agreed in these cases the rezoning review process seemed unnecessary and overly burdensome. The Board approved appeals to the Sensitive Areas Ordinance and allowed staff administered site plan review in lieu of a rezoning. The Board also recommended that the Planning & Zoning Commission consider amendments to the Sensitive Areas Ordinance to remove the requirement that development on properties simply containing critical slopes be required to go through the rezoning process. The Sensitive Areas Committee, the Planning & Zoning Commission and River Front and Natural Areas Commission studied this proposed amendment as well as the others currently before the Council and by consensus recommended the approval of these amendments. CITY OF I0 WA CITY June 26,1996 Naomi Novick, Mayor City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mayor Novick: At the June 19, 1996 meeting of the Riverfront and Natural Areas Commission, we reviewed the proposed changes to the City of Iowa City Sensitive Areas Ordinance. We felt that the changes are appropriate and will make the ordinance easier for all involved to work with. The Commission unanimously endorsed the changes and commend the Sensitive Areas Ordinance Committee for their efforts. Sincerely, Iowa City Riverfront and Natural Areas Commission 410 EAST WASHINGTON $3REET ~ IOWA CITY, IOWA 52240-1826 · (3191 356-5000 · FAX (319) 356.5009 July 11, 1996 City Council City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Re: Amendment to the S.A.O. At this time, we are asking that the Council consider expediting the amendment to the S.A.O., condensing the first two readings to the August 27 meeting. We are currently looking at an expansion to our facility at 2400 N. Dodge. Expedition of this amendment would save us valuable time in being able to start construction and speed up completion of said construction to coincide with our peak usage period ofthe fall and winter months. Thank you for your consideration of this item. Sincerely, SteveMoss North Dodge Athletic Club 2400 N. Dodge Iowa City, IA 52245 RECEIVED JUL 1 5 1996 RC,D. D_E PARTME_NT August 6, 1996 Sensitive Areas Ordinance Amendments Consider a motion to amend the ordinance of proposed amendments to the Sensitive Areas Ordinance as follows: Definitions A. 14-6K-1 B, Definitions: add the following two amendments: Add A4, repeal/rig the definition of "CONSTRUCTION AREA "in its entirety and adding a new deftnit/on of 'CONSTRUCT/ON AREA "as follows: CONSTRUC TIONAREA: The portion of a parcel of/and where development act/v/W, including the temporary storage of heavy equipment, and other improvements may take place and be located. Add A[i, add a definition of "SLOPES, REGULA TED" as follows.' SLOPES, REGULA TED.' Slopes defined herein as steep [18-24%], critical (25-39%), and protected f40% +). Critical Slopes: 14-6K-1 C. Applicability: Delete 82, repeating subsection 14-6K-1Cla3 in its entirety [that is delete the proposed amendment that removes critical slopes from the rezoning/planned development applicability section] Delete B4, adding a new subsection 14-6K-1C2a5, and tenumbering a// following subsection as appropriate, as follows: 5) Critical Slopes (25%-39%) [that is. delete the proposed amendment that adds critical slopes to the administrative site plan review applicability section] 14-6K-IF, Submittal Requirements: Delete D1, repeating subsection 14-6K. 1F164 /n its entirety and adding a new subsect/on 14-6K-lFlb4 as follows.' 4) Steep and critical slopes [that is, delete the proposed amendment that adds critical slopes to the submittal requirements for Sensitive Area Site Plans] 14-6K-11, Requlated SloPes: Delete G3 and subsbtute a new G3 as follows: repealing subsection 14-6K. 112b in its entirety and adding a new subsection 14.6K- 112b as follows: b. Critical slopes - Any property containing critical slopes (25-39%) shall be required to submit a Sensitive Areas Overlay rezoning application, Sensitive Areas Development Plan and a Grading Plan, unless said property qualifies for an exemption under subsection 14-6K-1D, entitled "Exemptions." The Sensitive Areas Development Plan must conform with the design standards for regulated slopes specified in subsection 14-6K. 114, and the Grading Plan must conform with the requirements of the Grading Ordinance. [that is, the proposed amendment will require a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan instead of a Sensitive Areas Site Plan review for development on properties containing critical slopes] Delete G5 end substitute a new G5 as follows: adding a new subsect/on 14-6K-l/2d as fol/ows: d. If a property owner certifies that no development activity wil/ occur within 50 feet of a protected slope on the site and/or no deve/opment activity will encroach into a critical slope on the site, and w/I/not impact those slopes, the City may waive the requirement of a Sensitive Areas Over/ay rezon/ng/Sensitive Areas Deve/opment Plan, and a/low the property owner to follow the administrative review procedures for a Sensitive Areas Site P/an, provided no other sensitive features on the site require a SensiEve Areas Overlay rezoning/Sen$it/ve Areas Development P/an. [that is, the proposed amendment will allow administrative review of development on properties containing critical slopes Qnly when the development does not encroach upon or impact the critical slopes] Consistent Order L. 14-6K-IN. Sensitive Area Plan Design Guidelines: Delete L2 and substitute a new L2 as follows: adding two new sentences at the end of subsection 14-6K- 1N2 as follows: Subsection 14-6K- 1N3, ant/tied "Residential Guide//nes, ' contains guidelines for Sensitive Areas Development Plans/n residential zones. Subsection 14-6K-1N4 contains guidelines for Sensitive Areas Development Plans for commercial, research development, office research, and industrial developments. August 4, 1996 City Council City of Iowa City Civic Center Iowa City, Iowa 52240 Deal' Council Member: On August 6 you are scheduled to vote on proposed amendments to the Sensitive Areas Ordinance. As I'm certain you have discovered, a good share of these amendments are simply clarifying. However, there are a few amendments I feel are not only unwarranted, but detrimental to development of land covered by the ordinance, and I am counting on the fact that you have carefully reviewed and questioned the reasoning associated with the request for such changes. Of prinlary concern to me is the proposed amendment to Section 14-GK-1 1.2b. This amendment would allow a significant change away from protection of critical slopes by eliminating procedural requirements specifically set tip to instire compliance in development of these sensitive areas. I urge you to carefully review the statement presented to you by William Buss during the July 16 public hearing on this issue. I feel Mr. Buss's statenPent quite clearly outlines the concerns of a number of Iowa City residents. One other specific amendment I'd like to call to your attention is that of reducing the protected area around woodlands from 100 to 50 feet. would question that 50 feet is actually sufficient in order to provide the protection needed for our' precious woodlands. One last comlnent I would like to make concerns the Sensitive Areas Committee. It is my understanding that you have been apprised of the fact tipat tipis committee has agreed "by consensus" to tile amendment package. You may want to keep in mind that there was not an actual committee vote and, it has been brought to my attention that at least one member opposed tile change to Section 1.2b. Thank you for listening to my concerns related to tile amendments proposed for tile Sensitive Areas Ordinance. I hope you will keep these issues in mind as you consider' changes to this important ordinance. Respectfully, ut~ E. / Baker 515 West Benton Street Iowa City, iowa 52246 PIpone 354- 0443 August 5, 1996 Sensitive Areas Ordinance/Critical Slopes Amendment Possible Alternative Amendment: Retain critical slopes in the rezoning/planned development process, and change the amendment exempting protected slopes from the rezoning process to include an exemption for critical slopes and a/low adm/nistrative review, only as follows: 12d. If a property owner certifies that no development activity will occur within 50 feet of a protected slope on the site and/or no development activity will encroach into a critical slope on the site, and will not oneroaoh upon or impact those slopes, the City may waive the requirement of a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan, and allow the property owner to follow the administrative review procedures for a Sensitive Areas Site Plan, provided no other sensitive features on the site require a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan. Item #4(o) Consider a motion to amend Subsection D, Application for Design Review, 264(2)(a) of the Design Review Overlay Zone Ordinance by adding the following (bold) language: (2) Committee Review and Approval: (a) Approval or Disapproval. Within four (4) working days following the meeting at which an application for design review is scheduled to be considered, the Committee shall approve, approve with modifications agreed to by the applicant, or disapprove the application. Disapproval of an application shall only be effective upon an extraordinary majority vote or three-fourths (3/4) of the entire Committee. An applicant may agree, in writing, to an extension of time. If the Committee does not act within this time period and the applicant does not agree to an extension of time, the application shall be deemed as receiving approval from the Committee. Ordinance No. Page 5 (a) Approval or Disapproval. Within four (4) working days following the meeting at which an application for design review is scheduled to be considered, the Committee shall approve, approve with modifications, or disapprove the application. Disapproval of an application shall only be effective upon an extraordinary majority vote or three- fourths (3/4) of the entire Committee. In the absence of an affirmative 3/4 disapproval vote, the application is deemed approved. An applicant may agree, in writing, to an extension of time. If the Committee does not act within this time period and the applicant does not agree to an extension of time, the application shall be deemed as receiving approval from the Committee. (b) Committee Findings. The Committee shall review the application for design review and consider whether the change in appearance conforms to design guidelines for the design review district in which the project is located. The Committee's written decision will be immediately filed with the Building Official and a copy sent to the applicant by ordinary mail. (3) Appeal to the City Council. Any applicant may appeal any deci- sion of the Committee regarding an application for design review to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (10) working days after the filing of the abovementioned Committee's findings. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide written notice to the applicant who has filed the appeal, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Committee has exercised its powers and followed the guidelines established by ordinance, this Article, and the design review report, and whether the Committee's action was patently arbitrary or capricious. In exercising the above-mentioned powers, the City Council may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Committee from whom the appeal is taken. Compliance with Approved Applications for Design Review Required: Approved applications for design review authorize only those changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or designee to inspect, from time to time, any work performed pursuant to Prepared oy: Scott G. Kugler. Associate Planner, 410 E. Washington St.. Iowa City, 1A 52240; (319)356-5243 ORDINANCE NO. 96-3736 AN ORDINANCE Ai~.IiSN'31NG THE ZONING ORDINANCE BY CONDITIONALLY CHANG- ING THE USE REGULATIONS OF 2.32 ACRES OF LAND LOCATED EAST OF SUN- SET STREET ON THE SOUTH SIDE OF HIGH- WAY '1 FROM I-1, INDUSTRIAL, TO Cl-'l, INTENSIVE COMMERCIAL. WHEREAS, the applicants, Wisdom Develop- ment Group, Inc. and Brannan & Co., on beh3~f of the Ruppert family, has requested the City rezoned 2.32 acres of land located east of Sunset Street on the south side of Highway 1 from I-1, Industrial, to C1-1, Intensive Commer- cial; and WHEREAS, the proposed rezoning is compat- ible with the adjacent intensive commercial zoning and development located to the south of the subject propen'y; and WHEREAS, Iowa Code {414.5 (1995) pro- vides 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 City has a policy to preserve and enhance the eratrances to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary en- trance to Iowa City from the southwest; and WHEREAS, Owner and Applicant acknowl- edge that certain conditions and restnctions are reasonable to ensure appropriate development and to lessen the impacts of tl~e development on this entrance to the city; and WHEREAS, Owner and Applicant have agreed to use this property in accordance with certain terms and conditions as contained in the Conditional Zoning Agreement to ensure appro- priate development of this prope~. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Ordinance No. 96-3736 Page 2 SECTION I. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of I-1, Industrial, to C1-1, intensive Commercial: Commencing at the Southwest Corner of the Southwest Quarter of Section 16. Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89o42'40"E, along the South Line of Said Southwest Quarter, 492.70 feet, to its intersection with theSoutheasterly Right-of- Way Line of Iowa Highway No. 1 (One), in accordance with the Warranty Deed Re- corded in Deed Book 547, at Page 203, of the Records of the Johnson County Recorder's Office, and the Point of Begin- ning; Thence N36°24'25"E, along said Right-of-Way Line, 364.80 feet; Thence S56o50'23"E, 215.22 feet, to a Point on the Southwesterly Limits Line of the Existing Iowa C~ty Airport Clear Zone for Runway #12; Thence S61°21'56"E, along said Southwesterly Limits Line, 359.51 feet, to its intersection with the South Line of said Southwest Quarter; Thence S89°42'40"W, along said South Line, 712.24 feet, to the Point of Beginning. Said tract of land con- tains 2.32 acres, more or less and is sub- ject to easements and restrictions of re- cord. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the applicants. property owners and the City, follow- ing final passage and approval of this Ordi- nance. SECTION IV. CERTIFICATION AND RECORD- INC.. Upon final passage and approval of this Ordinance, and after execution of the Condition- al Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- ment for recordation in the Office of the Record- er, Johnson County, Iowa, at Applicant's ex- pense. Ordinance No. 96-3736 Page 3 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 par~ of the Ordinance shall be ad- judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed aad approved this 61:h day of Auqust: 19 96 . MAYOR I _ A'I-FEST: ~'/~ - -~.~ CITY CLERK Ordinance No. 96-3676 Page 4 It was moved by Norton _. and seconded by Ordinance as mad be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Thornberr.,y that the First Consideration 7/2/96 Vote f or passage: AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Second Consideration 7/16/96 Vote for passage: AYES: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Nor'ton, Novick, NAYS: None, ABSENT: None, Date published 8/14/96 Prepared by: Scott (3. Kugler. Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Wisdom Development Group Inc. and Brannan & Co. (hereinafter "Applicant"), the Ruppert family (hereinafter "Owner") and the City of Iowa City, a Municipal Corporation (hereinafter "City"). WHEREAS, Owner and Applicant have requested the City rezone approximately 2.32 acres located east of Highway 1 and west of the Iowa City Municipal Airport, from I-1, general industrial, to C1-1, intensive commercial; and WHEREAS, the proposed rezoning is compatible with the adjacent intensive commercial zoning and development located to the south of the subject property; 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 City has a policy to preserve and enhance the entrances to Iowa City, .iowa; and WHEREAS, Highway I is the primary entrance to Iowa City from the southwest; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development and to lessen the impacts of the development on this entrance to the city; and WHEREAS, Owner and Applicant have agreed to use this property in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development of this property. NOW, THEREFORE, in consideration of mutual promises contained herein the Parties agree as follows: The Ruppert family is the owner and legal title holder of property located on the southwest side of Highway 1 northeast of Sunset Street, which property is more particularly described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89°42'40"E, along the South Line of Said Southwest Quarter, 492.70 feet, to its intersection with the Southeasterly Right-of-Way Line of Iowa Highway No. 1 (One), in accordance with the Warranty Deed Recorded in Deed Book 547, at Page 203, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence 2 e N36°24'25"E, along said Right-of-Way Line, 364.80 feet; Thence S56°50'23"E, 215.22 feet, to a Point on the Southwest- erly Limits Line of the Existing Iowa City Airport Clear Zone for Runway #12; Thence S61°21'56"E, along said Southwesterly Limits Line, 359.51 feet, to its intersection with the South Line of said Southwest Quarter; Thence S89°42'40"W, along said South Line, 712.24 feet, to the Point of Beginning. Said tract of land contains 2.32 acres, more or less and is subject to ease- ments and restrictions of record. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entrances to Iowa City. Owner and Applicant agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. The parties agree that Highway 1 is a primary entry to Iowa City from the southwest. Owner and Applicant acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agrees to certain conditions over and above City regulations in order to lessen the impact of the development on the surrounding area. In order to provide for attractive development at the southwest entryway to the City, to assure the coordinated development of the above-described land so as to minimize traffic conflicts in the area and to lessen the impact of the development of the surrounding area, Owner and Applicator agree. that the development of the subject property will conform to the following conditions: The development of the subject property shall have no direct vehicular access onto Highway 1, Access to the subject property shall be through the existing access drives from adjacent properties. Development of the subject property shall include an access easement to allow vehicular access between properties located to the north and south of the subject property. This access easement shall be shown on all site plans for future development and may be located in conjuction with aisles through parking areas. No outdoor storage of merchandise or material, except for that associated with auto vehicle sales and plant nurseries and florist shops, shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least six feet in height. A planted landscape bed a minimum of 15 feet in depth shall be located adjacent to any such wall between the wall and the Highway 1 right-of- way, and no parking or paving shall be allowed within the 15 foot landscape bed. Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks in other locations which are visible from Highway 1 shall be screened in accordance with applicable preformance standards. 3 10. All parking rows shall be terminated with a landscape bed a minimum of nine feet in depth. The landscape bed shall be planted with parking lot trees which may count towards the parking area trees otherwise required by City ordinanc- es. f. No more than one free-standing sign shall be permitted on the subject property. g. If signage is to be lighted, it shall be internally illuminated. There shall be a 30-foot setback from the Highway 1 right-of-way, which setback shall be landscaped with ground cover such as grass. No parking or paving other than sidewalks shall be allowed within this 30-foot setback. The Owner and Applicant agree that every development proposed on the subject property must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall ~eview and approve the concept plan based on the criteria listed above. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and report by the Planning and Zoning Commission. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until release of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office, Dated this day of -~4~-- ,1996. CITY OF IOWA CITY Naor~i J. NcJ~0ick~, Mayor Marian K. Karr, City Clerk WISDOM DEVELOPMENT GROUP INC Michael J, W~sd ~ 'esident BRANNAN & CO. Mo~hte J. Braw, President Attest: RUPPERT FAMILY COUNTY ) APPLICANT ACKNOWLEDGEMENT On this J__~day of J~/~/~.. , A.D. 19_~, before me, the undersigl~ed, a Notary Public in and for the ,State of~.,,l~,~p~e~sonally appeared ~/~ j. ~/~ a~d ~ON~' ~- ~4~ , torsionally known, who~ being by me duly sworn, d~d say that they are [he ~t~ ~ , respectively, of said corporatio~xecuting the wEhin and foregoing in~rument to which ~i~ is ~ched, th~ {no seal has been procured by the saidl corpor~i~ that said instrumen~ was signed ~ ~!?d) on behalf of (the ge31 affixe~ therate i~e ¢eal et ~a~) said corporadolby authority of its Board of Dire~ors; and that ~e said ~lc~ b J. ~l~m and ~ J. ~4ff8&~ as such officers acknowledged the execution of said instrument zo be the voluntary act and deed of said co~oration, by ~ a~ by them voluntarily exacted. OWNER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this II day of J j~- , 19~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ~[~'~5 '-~U.13~I'~ , to me known to be the identical person~ named in and who executed the witHih and fore~g instrument as the owner of the above-described property, and acknowledged that ((h~she/thev) executed the same as the voluntary act and deed of the property owners upon the due authorization of all such owners. ~ [I My Cqmm~i~ I I Notary in and fo tate of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On t~s~j~ (~ day of CITY ACKNOWLEDGEMENT ~c.~-r- , 19 ?~. , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Kerr, to. me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) {l'{o3olution) No. ¢& --~'~. passed by the City Council, on the ¢ '~j~ day of ~c,~- , 19 76 , and that Naomi J. Novick and Marian K. Kerr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Joe Fowler, Director of Parking & Transit. 410 E. Washington St., iowa City, IA 52240; 319-356- 5156 ORDINANCE NO. 96-3737 ORDINANCE AMENDING TITLE 3, "CITY FI- NANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO INCREASE ON- AND OFF- STREET HOURLY PARKING RATES IN IOWA CITY, 10WA. WHEREAS, the City of Iowa City must pro- vide continued maintenance to existing parking facilities; and WHEREAS, the City of Iowa City must pro- vide an additional parking facility in the Near Southside development area; and WHEREAS, the City of Iowa City wishes to upgrade the interior of existing parking facili- ties; and WHEREAS, the service of transportation to the community must recognize the connection between parking and transit; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-7, Title III, Chapter 4, subsection 7, parking violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-7 in its entirety and enacting in lieu thereof a new subsection 3-4-7 to be codified and to read as follows: Description of Fee, Charge, Bond, Fine or Penalty Fee for contractor reservation of space, per day Amount of Fee, Charge, Bond Fine or Penalty $10.00 Show-up fee charged by tow truck operator $20.00 Parking Meter Fees: Central business district on-street meter, per hour $0.60 Ordinance No. Page 2 96-3737 Description of Fee, Charge, Bond, Fine or Penalty Central business district lot meter, per hour Peripheral on-street meter (outside central business district), per hour Periphera~ lot meter (outside central business district), per hour Fees for parking in City parking lots: City parking lots adjacent to central business district and central business: Monthly all-day permits, per month Monthly all-day permits (annual advance payment), per year Monthly off-hours permits (after 5:00 p.m., Monday through Friday, all day Saturday and Sunday), per month All other City lots/ramps: Monthly all-day permits, per month Monthly all-day permits, (annual advance payment), per year City employee lot permits, per month Parking ramps: Hourly parker (Ramp A), per hour Amount of Fee, Charge, Bond Fine or Penalty $0.60 $0.40 $0.40 $45.00 $513.00 $34.00 $40.00 $456.00 $20.00 $0.50 Ordinance No. 96-3737 Page 3 Description of Fee, Charge, Bond, Fine or Penalty Hourly parker (Ramp B), per hour Amount of Fee, Charge, Bond Fine or Penalty $0.50 Hourly parker {Chauncey Swan), per hour $0.40 Monthly all-day permits (Ramp A), per month $55.00 Monthly all-day permits (annual advance payment - Ramp A), per year $627.O0 Monthly all-day permits (annual advance payment - Ramp B), per year $513.00 Ramp A is the Capitol Street parking ramp, while Ramp B is the Dubuque Street parking ramp. Reissue of Ramp A and Ramp B monthly permit exit card, each reissue $25.00 Reissue of all other permits, each reissue $2.00 Penalties for parking violations: Overtime parking 83.00 Expired meter $3.00 Prohibited zone $5.00 Illegal parking - handicapped parking space $100 or as stated in the Code of Iowa, as amended One hour restricted zone, Civic Center lot $3.00 All other illegal parking violations $5.00 Ordinance No. 96-3737 Page 4 Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond Fine or Penalty Increases: 10 days after issue, overtime and expired meter ticket fees shall increase to $5.00 30 days after issue, all illegal parking fees, except handi- capped, shall increase to $10.00 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION II1. SEVERABiLITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 6th day of August ,19 96 . MAYOR I~ (~/ ( '' ATTEST: ~,~.~ 7~. ~ CITY CLERK City Attorney's Office Ordinance No. 96-3737 Page 5 It was moved by Baker and seconded by Ordinance as read be adopted. and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Thorn~e~ry that the First Consideration 7/16/96 Vote for passage: AYES: Norton, Novick, Thornberry, V~nderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration .................. Vote for passage: Date published 8/14/96 Moved by Baker seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Norton. NAYS: None. ABSENT: Lehman.