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HomeMy WebLinkAbout1995-01-17 OrdinanceNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 3rd day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City,'lowa, at which hearing the Council will consider: 1. A resolution to annex an 80 acre tract of land, known as the Langenberg Tract, locat- ed southeast of Sycamore Street and east of Pleasant Valley Golf Course. An ordinance amending the Zoning Chapter by changing the use regulations of an 80 acre tract of land, known as the Langenberg Tract, located southeast of Sycamore Street and east of the Pleasant Valley Golf Course from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential. 3. An ordinance amending the Zoning Chapter by changing the use regulations of 61.96 acres of land located south of Whispering Prairie Drive from RS-8, Medium Density Single-Family Residential, to RFBH, Factory Built Housing Residential. 4. An ordinance amending Zoning Chapter Article N., Off-Street Parking Requirements, Section 14-6N-lB1 specifying construction materials for required hard-surface parking areas. 5. An ordinance amending Zoning Chapter Section 14-6E-6C1 to clarify the density requirement for dwelling units in the CB-2, Central Business zone. Copies of the proposed resolution and ordinanc- es are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULA- TIONS OF AN APPROXIMATE 80 ACRE TRACT OF LAND, KNOWN AS THE LANGENBERG TRACT, LOCATED SOUTHEAST OF SYCA- MORE STREET AND EAST OF THE PLEASANT VALLEY GOLF COURSE FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO RFBH, FACTO- RY BUILT HOUSING RESIDENTIAL. WHEREAS, Robert and Erma Wolf and the City of Iowa City, Iowa, have requested the City to rezone an approximate 80 acre tract of land located southeast of Sycamore Street and east of the Pleasant Valley Golf Course from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential; and WHEREAS, the requested zoning change will permit development of affordable housing and facilitate construction of Sycamore Street extended south to City soccer fields located on the wastewater treatment facility site; and WHEREAS, the density of the proposed development will be consistent with the density designated for this area in the Comprehensive Plan; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the applicants acknowledge that certain conditions and restrictions are resson- able to ensure appropriate development of a manufactured housing park; and WHEREAS, the applicants have agreed to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate development of a manufactured housing park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- ment as authorized by Iowa Code §414.5 (1993), a copy of which is attached hereto and incorporated by reference herein, the property legally described below is hereby reclassified from its present classification of County RS to RFBH: The West One-Half (W ½) of the Southeast Quarter {SE 2) of Section 26, Township 79 North, Range 6 West of the Ordinance No. Page 2 5th PM, except beginning at the North- west corner of the West Half of the South- east Quarter of Section 26, Township 79 North, Range 6 West of the 5th P.M., thence South I rod, thence East to East line of said West Half of the Southeast Quarter, thence North I rod to the North- east corner of said West Half of the Southeast Quarter, thence West to the place of beginning. SECTION II. ZONING MAP. The City Building Official is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants and the City, fol- lowing passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized .and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recorda- tion in the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this Ordinance and following notification from the City Development Board that the annex- ation of the subject tract is complete. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adJudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 3 SECTION VII. EFFECTI~/E 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 ,1995. MAYOR ATTEST: CITY CLERK GREEN ViEW CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, a municipal corporation (hereinafter "City"), Robert H. Wolf and Erma J. Wolf (hereinafter "Applicants"), and the Langen. berg heirs William L. Langenberg and Ruth M. Langenberg, husband and wife; Richard L. Murphy and Marian J. Murphy, husband and wife; Paul C. Langenberg, Jr. and Ann E. Langenberg, husband and wife; James R. Langenberg and Linda Langenberg, husband and wife; Donald J. Langenberg and Diane E. Langenberg, husband and wife; Eugene T. Langenberg and Rose Langenberg, husband and wife, and Barbara A. Langenberg, single person (hereinafter "Owners"). WHEREAS, Owners are legal titleholders of the property legally described below; and WHEREAS, Applicants have contracted to purchase Owners property described below; and WHEREAS, the CiW of Iowa City, Iowa, and the Applicants have requested the City to rezone approximately 80 acres of land from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential; and WHEREAS, the requested rezoning change will permit development of affordable housing and facilitate construction of Sycamore Street extended south to City soccer fields located on the wastewater treatment faciliW site; and WHEREAS, the density of the proposed development will be consistent with the density designated for this area in the Comprehensive Plan; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the Parties acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development of a manufactured housing park in the south portion of Iowa City, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: The Langenberg heirs William L. Langenberg and Ruth M. Langenberg, husband and wife; Richard L. Murphy and Marian J. Murphy, husband and wife; Paul C. Langenberg, Jr. and Ann E. Langenberg, husband and wife; James R. Langenberg and Linda Langenberg, husband and wife; Donald J. Langenberg and Diane E. Langenberg, husband and wife; and Eugene T. Langenberg and Rose Langenberg, husband and wife, and Marian J. Murphy, as guardian and conservator of Barbara A. Langenberg, are owners and legal titleholders of approximately 80 acres of land located southeast of Sycamore Street and east of Pleasant Valley Golf Course, which property is more particularly described as follows: The West One-Half (W 1/2} of the Southeast Quarter (SE 1/4) of Section 28, Township 79 North, Range 6 West of the 5th PM, except beginning at the Northwest corner of the West Half of the Southeast Quarter of Section 26, Township 79 North, Range 6 West of the 5th P.M., thence South 1 rod, thence East to East line of said West Half of the Southeast Quarter, thence North I rod to the Northeaat corner of said West Half of the Southeast Quarter, thence West to the place of beginning. Green View Conditional 'Zonin(~ Aoreement, 1995 Page 2 q Robert H. Wolf and Erma J. Wolf have contracted to purchase the property described above that is owned by the Langenberg heirs cited above. The Parties acknowledge that the City desires development of affordable housing and construction of Sycamore Street extended to the City soccer fields. In consideration of the City's rezoning of the subject property from County RS to RFBH, the City, the Applicants and Owners agree that development and use of the subject property will conform to the requirements of the RFBH zone, and the following additional conditions: a) Approval of the annexation by the CiW Development Board. b) Approval of a stormwater management plan and a grading/erosion control plan by the City Public Works Department that assures mitigation of runoff and/or siltation discharge from the site to the Snyder Creek Bottoms. c) Incorporation of appropriate open space for future residential development that conforms to the criteria set forth in the adopted Neighborhood Open Space ordinance. d) Design and implementation of a landscaping plan for the site with special emphasis on vegetative screening along the west and north boundaries of the site. a) Design of a site plan for the manufactured housing park that ensures pedestrian access to the east and to the south of the Langenberg Tract. f) Review and approval by the Iowa City Planning and Zoning Commission of any site plan or land division that occurs on the Langenberg Tract. g) Adherence to a density level of the RFBH-zoned area that shall not exceed an RS-5, Low Density Single-Family Residential zone density of five dwelling units per acre. h) Approval of a maintenance agreement between the City of Iowa City and Johnson County for any portion of Sycamore Street remaining in the County following the annexation and rezoning, i) Commitment by the City of Iowa City to provide adequate infrastructure to the Langenberg Tract in a reasonable time period, including, but not limited to providing City water, sewer and access, j) Design of a site plan for the manufactured housing park that ensures vehicular access to the IDRM-zoned tract to the east. The City, Applicants, ~,nd Owners acknowledge that the conditions herein are reasonable conditions to impose on the land pursuant to Iowa Code §ZtlZ~.5 and that said conditions are appropriate, and satisfy public needs which are directly caused by the requested change. Green View Conditional Zonino Aclreement, 1995 Page 3 The City, Applicants, and Owners acknowledge that in the event the subject property is transferred, sold, redeveloped, subdivided, divided or split, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. The City, Applicants and Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve them from complying with all applicable local, state and federal regulations. 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 ,1995. CITY OF IOWA CITY · By Susan Horowitz, Mayor Attest: Marian K. Karl, City Clerk STATE OF IOWA ) ) es: JOHNSON COUNTY ) On this day of ,19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 ., and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Green View Conditional Zonin~ A~reement, 1995 Page 4 APPLICANTS By Robert H. Wolf By: Erma J. Wolf STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert H. Wolf and Erma J. Wolf, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zonina AQreement, 1995 Page 5 PROPERTY OWNERS By William L, Langenberg By: Ruth M. Langenberg STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared William L. Langenberg and Ruth M. Langenberg, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zonina Ac~reement, 1995 Page 6 PROPERTY OWNERS By Marian J. Murphy By: Richard L. Murphy By: Marian J. Murphy, Guardian and Conservator of Barbara A. Langenberg STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in s~id State, personally appeared Richard L. Murphy and Marian J. Murphy, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA JOHNSON COUNTY On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Marian J. Murphy, Guardian and Conservator of Barbara A. Langenberg, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zonina Aoreement, 1995 Page 7 PROPERTY OWNERS By Paul C. Langenberg, Jr. By: Ann E. Langenberg STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Paul C. Langenberg, Jr. and Ann E. Langenberg, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zoning Ac~reement, 1995 Page 8 PROPERTY OWNERS By James R. Langenberg By: Linda Langenberg STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James R. Langenberg and Linda Langenberg, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zonina A~reement. 1995 Page 9 PROPERTY OWNERS By Donald J. Langenberg By: Diane E. Langenbarg STATE OF IOWA ) ).as: JOHNSON COUNTY ) On this day of ,19 .... , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Donald J. Langenberg and Diane E. Langenberg, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Green View Conditional Zonin~l A=reement, 1995 Page 10 PROPERTY OWNERS Eugene T. Langenberg By: Rose Langenberg STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Eugene T. Langenberg and Rose Langenberg, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 61.96 ACRES OF LAND LOCATED SOUTH OF WHISPERING PRAIRIE DRIVE FROM RS-8, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, TO RFBH, FACTORY BUILT HOUSING RESIDENTIAL. WHEREAS, the property owner, Lake Calvin Properties, has requested the City rezone 61.96 acres of land located south of Whispering Prairie Drive from RS-8, Medium Family Residential, to RFBH, Factory Built Housing Residential; and WHEREAS, the applicant proposes to develop a manufactured housing subdivision on the subject propelty; and WHEREAS, the subject property is located adjacent to an existing Medium Density Single- Family Residential subdivision; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that the proposed manufactured housing subdivision is compatible with the adjacent residential development in terms of density and street design; and WHEREAS, the proposed rezoning to allow the development of a manufactured housing subdivision is compatible with adjacent development.and the Compre. hensive Plan for the area prowded that the. conditions contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure appropriate urban development on the southeastern edge of Iowa City; and WHEREAS, the Applicant has agreed to davelop this property in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate urban development on the southeastern edge of Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Ordinance No. Page 2 SECTION I. APPROVAL. Subject to Iowa Code §414.5 (1993) and the terms and conditions of the Conditional Zoning Agreetalent, attached hereto and incorporated by reference herein, the property. described below is hereby reclassified from its present classification of RS-8, Medium Densi.ty Single-Family Residential, to RFBH, Factory Built Housing Residential: A tract of land in the west half of the Northwest Quarter of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest corner of Section 25; thence N88°21'OS"E, 1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson Country Recorder's records; thence SO°09'02"E, 1618.31 feet along said west line; thence S76°51'50"W, 135.62 feet; thence S50°55'36"W, 231.50 feet; thence S41°54'27"W, 388.36 feet; thence S32°46'33"W, 698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S88°50'25"W, 292.04 feet to the West Quarter Corner of Section 25; thence N0°08'49"W, 2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres, more or less. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, iowa, to conform to this amendment upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owners .of the property and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Ordinance No. Page 3 Recorder's Office upon passage and approval of this Ordinance. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be edjudged 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 unconst~utionah SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK /I / . CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City'~ and Lake Calvin Properties, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner has requested the City rezone approximately 62 acres of land located south of Whispering Prairie Ddve from RS-8, Medium Density Single-Family Residential to RFBH, Factonj Built Housing Residential; and WHEREAS, the proposed razoning will allow the development of a manufactured housing subdivision adjacent to an existing medium density residential subdivision; and WHEREAS, Iowa Code § 414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that the proposed manufactured housing subdivision is compatible with the adjacent residential development in terms of density and street design; and WHEREAS, the proposed rezoning to allow the development of a manufactured housing subdivision is compatible with adjacent development and the Comprehensive Plant for the area provided that certain conditions are adhered to; and WHEREAS, Owner acknowledges that certain conditions and restrictions are masonable to ensure appropriate urban development on the southeastern edge of Iowa City; and WHEREAS, the Applicant has agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development on the southeastern edge of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Lake Calvin Properties is the owner and legal title holder of property located south of Whispering Prairie Drive which property is more particularly described as follows: A tract of land in the west half of the Northwest Quarter of Section 25, Township 79 North, Range 6 West of the Fifth Principal Meridian, described as: Beginning at the northwest comer of Section 25; thence N88°21'05"E, 1244.42 feet along the north line of Section 25 to a point on the west line of the sanitary sewer easement recorded in Book 1053, Page 40, of the Johnson Country Recorder's records; thence S0°09'02"E, 1618.31 feet along said west line; thence S76°51'50'I/V, 135.62 feet; thence S50°55'36'I/V, 231.50 feet; thence S41°54'27'IN, 388.36 feet; thence S32°46'33'~/V, 698.64 feet to a point on the south line of the Northwest Quarter of Section 25; thence S88°50'25'I/V, 292.04 feet to the West Quarter Comer of Section 25; thence N0°08'49'IN, 2641.60 feet to the Point of Beginning. Said tract contains 61.963 Acres, more or less. -2- Owner acknowledges that the City wishes to ensure that development of the subject properly is compatible with adjacent properties which are zoned RS-8. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that development of the subject property is compatible with adjacent properties and to ensure appropriate urban development on the southeastern edge of Iowa City. In consideration of the City's rezoning the subject property from RS-8 to RFBH, Owner agrees that development and use of the subject property will conform to all requirements of the RFBH zone as well as the following additional conditions: Development of the property shall be subject to subdivision approval pursuant to the Iowa City City Code, and shall include. the extension of Whispering Prairie Ddve to the proposed east/west parkway along the southern boundary of the property, The density of development of the subject property shall not exceed eight dwelling units per acre. Development of the property shall be subject to the design and implementation of a landscape plan with special emphasis on a buffer strip and vegetative screening along the north boundary of the property. The design of the landscaping plan shall be approved by the Director of Planning and Community Development prior to final subdivision approval. Development of the subject property shall be subject to all conditions contained in the Conditional Zoning Agreement entered into between the City and the Sycamore Farms Company recorded in the Johnson Country Recorder's Office at Book 1793, Page 220-223. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1993), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 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. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the 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. -3- Dated this day of LAKE CALVIN PROPERTIES , 1995. CITY OF IOWA CITY By Stephen F. Bright General Partner By Susan M. Horowitz, Mayor Attest: STATE OF IOWA JOHNSON COUNTY Marian K. Karr, City Clerk On this day of ,1995, before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me pemonally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed by the City Council on the day of ,19 , and that and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA JOHNSON COUNTY On this day of ,1995, before me the undersigned, a Notary Public in and for said State, personally appeared, who being by me duly sworn did say that he is a partner of Lake Calvin Properties, an Iowa General Partnership, and that the instrument was signed on behalf of said partnership by authority of its partners; and that acknowledges the execution of the instrument to be the voluntary act and deed of Lake Calvin Properties and by said partnership to be voluntarily executed. Notary Public in and for the State of Iowa ORDINANCE NO. 95-3665 AN ORDINANCE AMENDING TITLE 14-5 CHAPTER 5, ENTITLED "BUILDING AND HOUSING" CITY CODE BY REVISING ARTICLE A, ENTITLED "BUILDING CODE" AND ARTICLE B, ENTITLED "PLUMBING CODE" TO CHANGE THE OCCUPANT LOAD AT WHICH SEPARATE RESTROOMS ARE REQUIRED FOR EACH SEX FROM FOUR (4) TO FIFTEEN (15). WHEREAS, the City wishes to encourage the development and prosperity of small businesses within the City; and WHEREAS, separate gender, handicap accessible restrooms consume a large area and place hardship on small business owners; and WHEREAS, one accessible unisex restroom is adequate to serve up to 15 occupants; and WHEREAS, the Board of Appeals has reviewed the proposed amendments to the building and plumbing codes and recommends their adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENTS. Chapter 5, entitled "Building and Housing" of the City Code be hereby amended by: a. Repealing Section 705(c) of the Uniform Building Code as adopted in Section 14- 5a-1 of the City Code and adding a new section 705(c) as follows: (c) Sanitation. Buildings or portions thereof where persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds fifteen (1§) on- duty simultaneously. Such toilet facilities shsll be located either in such building or conveniently in an adjacent building on the same property. Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a non-absorbent finish as specified in Section 510(b), shall have hand washing facilities therein or adjacent thereto, and shall be separated from food preparation or storage rooms as specified in Section 510(a). For other requirements on water closets, see Section 511. b. Repealing Section 910 of the Uniform Plumbing Code as adopted by Section Ordinance No. 95-3665 Page 2 14-5b-1 of the City Code and adding a new section 910 as follows: (a) Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 9-A. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the Uniform Building Code in Section 3302 and Table No. 33-A. The established occupant load shall be assumed to be one*half (½) male and one-half {½) female unless sufficient evidence to the contrary is supplied to the administrative authority, Exception: when toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. (b) Buildings with the total occupant load of less than 16 may provide the required fixtures in a unisex restroom. Urinals need not be provided in unisex restrooms, Buildings with an occupant load of 16 or more shall provide separate facilities for each sex. SECTION It, 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 17th day of January, 1995. CiTY CLERK Approved by City Attorney's Office Ordinance No. 95-3665 Page. 3 Itwas moved by Novtck and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Kubby x Baker x Horowitz x Kubby x . Lehman y. . Novick ~ Pigott x Throgmorton that the Ordinance First Consideration 12/2o/94 Vote for passage: ARES: Kubby, Lehman, Novick, P:l. gott, Throg~orton, Baker, Horowitz. NAYS: None. ABSENT: None. Second Consideration 1/3/95 Vote for passage: AYES: Novick, Pigott, Throgmorton,Baker, Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None. Date published ]/~/~ ORDINANCE NO, AN ORDINANCE AMENDING TITLE 14-5 CHAPTER 5, ENTITLED "BUILDING AND HOUSING" CiTY CODE BY REVISING ARTICLE A, ENTITLED "BUILDING CODE" AND ARTICLE B, ENTITLED "PLUMBING CODE" TO CHANGE THE OCCUPANT LOAD AT WHICH SEPARATE ARE REQUIRED FOR EACH SEX (4) TO FIFTEEN (15). the City wishes to encourage development and prosperity of small / ~ses within the City; and / "REAS, separate gender, handicap// restrooms consume a large area an/d place lip on small business owners; a?'d ~S, one accessible unisex restr~om is to serve up to 15 occupant~' and the Board of Appeals has reviewed proposed amendmen to the building and I codes and r s NOW, BE IT OR] CITY COUNCIL THE IOWA CITY, IOWA: SECTION I AMENI . entitled UBuilding and the City Code be hereby amended by: a. ,n 705(c) of the Uniform Building Co 14- 5a-1 of th a new section (c) where Separate or each employees exceeds -- facilities shall he located building or adj ildings or portions )ns are employed at least one water shall be hen the number fifteen ~,. Such toilet in such Ion the same property. Such water closet ro..~ms in connection with food establish~ments where food is prepared, stored or s~rved shall have a non-absorbent ~ finish as specified in Section 510(b), shall have hand washing facilities therein or adjacent thereto, and shall be separated from food preparation or storage rooms as specified in Section 510(a). For other requirements on water closets, see Section 511. Repealing Section 910 of the Uniform Plumbing Code as adopted by Section Ordinance No. Page 2 14-5b-1 of the City Code and adding a new section 910 as follows: (a) Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 9-A. The ~ant load used to determine the linimum number of sanitary be the 3ant load established the Building Code in Table No. 33-A. The ~ant load shall be (~) male and is supplied to' ty. Excepti are only, occup[ actual largest ~ (hi load of required Urinals load SECTION II. parts of sions of th SECTION to be the administrative when toilet for employees load shall be the employees on the the total occupant lan 16 may provide the In a untsex restroom. ot be provided in unisex dlngs with an occupant more shall provide for each sex. All ordinances and in :lict with the provi- Ordinanc~ If any section, part of the nance shall be beinvalid or unco~ such adjudi~ shall not affect of the Ordin~ provision or p; tuti( IV. EFFECTIVE DATE. ~is Ordi- be in effect after its f. inal I~ssage, publication, as prowded b~aw. Passed and approved this MAYOR ATTEST: CITY CLERK /,~oved by ~.~/. City Attorney'S'Office