HomeMy WebLinkAbout2005-03-22 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00030)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION FROM COUNTY Al TO
CC2, COMMUNITY COMMERCIAL (APPROXIMATELY 16.05 ACRES), C1-1, INTENSIVE COMMERCIAL
(APPROXIMATELY 20.22 ACRES), C0-1, OFFICE COMMERCIAL (APPROXIMATELY 10.92 ACRES),
AND RR-'I, RURAL RESIDENTIAL (APPROXIMATELY 2.83 ACRES), FOR PROPERTY LOCATED
NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218, AND EAST OF KITTY LEE ROAD
WHEREAS, the applicant, James R. Davis, on behalf of property owners James R. Davis, Robert A.
Davis, and Jan E. Smith, has applied for voluntary annexation of property located north of Highway 1, west
of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the applicant has requested commemial zoning on the majority of the property to allow for
a commercial subdivision, which is appropriate for land abutting the Highway 1/Highway 218 interchange
according to the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning pattern on the
property, and has recommended approval subject to conditions related to infrastructure needs, funding for
infrastructure, landscaping and fencing, access control, and sanitary sewer provision; and
WHEREAS, Iowa Code Section 414,5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property provides adequate infrastructure for urban
commercial uses, to ensure infrastructure needs are adequately funded to minimize future costs to the
public, and to provide adequate landscaping for the benefit of nearby residential property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein, the property described below is hereby reclassified as follows:
A. The following property is hereby reclassified from its current designation to C1-1, Intensive Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15'~V, ALONG THE WEST LiNE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26'~/; THENCE
S10°18'54'~/V, 412.57; THENCE SOUTHEASTERLY, 104,12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27'~/V, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~/, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
Ordinance No.
Page 2
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
B. The following property is hereby reclassified from its current designation to CC-2, Community
Commercial, subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and
incorporated herein:
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18°17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40'~/, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36'~N, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28'~N, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17'~N; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05"VV, 331.93 FEET; THENCE
N00°16'55'¥V, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24"VV; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05'~/, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16'15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27'¥V, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
S41°15'16"W, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
C. The following property is hereby reclassified from its current designation to CO-1, Office Commercial,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H. DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23'~/; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58"VV, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
Ordinance No.
Page 3
S30°22'24"E; THENCE S62°56'13"VV, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~/,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00°16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
D. The following property is hereby reclassified from its current designation to RR-1, Rural Residential,
subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 520.41 FEET; THENCE
S58°34'58'~N, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'V~/; THENCE N08°52'23"W,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37"W,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign and the City Clerk to attest, the Conditional
Zoning Agreement between the City and the owners of the property requested for rezoning.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or pad of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No.
Page 4
Passed and approved this __ day of ,20__
MAYOR
ATTEST:
CITY CLERK
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ04-00030)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City"), and James R. Davis, Robert A. Davis, and Jan E. Smith
(hereinafter "Owners"); and
WHEREAS, Owners are owners and legal title holders of approximately 50.03 acres of property
located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and
WHEREAS, the Owners have requested voluntary annexation of the property to the City of Iowa
City, and have requested commercial zoning for a majority of the property to enable a
commercial subdivision and development; and
WHEREAS, the Planning and Zoning Commission has recommended approval of commercial
zoning for a majority of the property subject to conditions related to infrastructure needs, funding
for infrastructure, landscaping and fencing, access control, and the provision of sanitary sewer;
and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change in zoning; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to
ensure adequate infrastructure is in place for urban commercial development, future
infrastructure needs are adequately funded to minimize costs to the public, fencing and
landscaping are adequate to minimize visual impacts on adjacent residential properties, and
sanitary sewer infrastructure is designed to be upgraded to serve the larger watershed; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree as follows:
1. Robert A. Davis, James R. Davis, and Jan E. Smith are the owners and legal title holders of
the property legally described as follows:
CO-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE N01°01'58"E, ALONG THE EASTERLY LINES OF LOT 11, LOT 10, LOT 9 AND
LOT 8 OF SAID R.H., DAVIS SUBDIVISION, 396.57 FEET, TO THE SOUTHWEST CORNER OF LOT 12 OF SAID
R.H. DAVIS SUBDIVISION; THENCE S66°18'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 75.75 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°47'56"E, ALONG THE
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 199.77 FEET, TO THE SOUTHWEST CORNER OF LOT 18
OF SAID R.H. DAVIS SUBDIVISION; THENCE S66°14'16"E, ALONG THE SOUTHERLY LINE OF SAID LOT 18, A
DISTANCE OF 224.57 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N23°42'17"E, ALONG THE
EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 129.56 FEET; THENCE NORTHWESTERLY, 52.60 FEET,
ALONG SAID EASTERLY LINE, AND A 54.67 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
50.59 FOOT CHORD BEARS N03°51'23'~N; THENCE N58°34'58"E, 83.82 FEET, TO A POINT ON THE
Conditional Zoning Agreement (REZ04-00030)
Page 2
SOUTHWESTERLY LINE OF HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
343.30 FEET; THENCE S58°34'58'~N, 265.34 FEET; THENCE SOUTHEASTERLY, 203.93 FEET, ALONG A
1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD BEARS
S30°22'24"E; THENCE S62°56'13'~/, 175.00 FEET; THENCE S00°16'55"E, 424.04 FEET; THENCE S89°43'05'~N,
639.14 FEET, TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
N00°16'15"E, ALONG SAID WEST LINE, 120.01 FEET; THENCE N89°43'05"E, 250.13 FEET; THENCE
N00°39'57"E, 321.57 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 10.92 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CI-1 ZONE
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°55'12"E, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1325.59 FEET; THENCE
S00°16'15"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST QUARTER, 442.44
FEET, TO THE POINT OF BEGINNING; THENCE N89°43'05"E, 639.14 FEET; THENCE S00°16'55"E, 58.06 FEET;
THENCE N89°43'05"E, 331.93 FEET; THENCE SOUTHWESTERLY, 154.02 FEET, AND A 615.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 153.62 FOOT CHORD BEARS S03°08'26'~/; THENCE
S10°18'54'~N, 412.57; THENCE SOUTHEASTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 102.05 FOOT CHORD BEARS S09°34'17"E, TO A POINT ON THE
NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S23°39'28"W, ALONG SAID NORTHWESTERLY LINE,
113.82 FEET; THENCE S53°53'27'~/, ALONG SAID NORTHWESTERLY LINE, 321.32 FEET; THENCE
N89°43'45'~N, 605.50 FEET, TO A POINT ON THE WEST LINE OF THE SAID EAST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 20; THENCE N00°16'15"E, ALONG SAID WEST LINE, 1003.96 FEET, TO
SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 20.22 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
CC-2 ZONE
COMMENCING AT THE NORTHEAST CORNER OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH THE
PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S35°26'49"E, ALONG THE SOUTHWESTERLY LINE OF HIGHWAY NO. 218, A
DISTANCE OF 162.11 FEET; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, 951.85 FEET, TO
THE POINT OF BEGINNING; THENCE CONTINUING S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE,
440.62 FEET; THENCE S05°01'05"E, ALONG SAID SOUTHWESTERLY LINE, 260.12 FEET; THENCE
S18°17'39"E, ALONG SAID SOUTHWESTERLY LINE, 497.24 FEET, TO A POINT ON THE EAST LINE OF THE
EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°13'40"VV, ALONG SAID EAST LINE, 5.60 FEET, TO ITS
INTERSECTION WITH THE NORTHWESTERLY LINE OF HIGHWAY NO. 1; THENCE S41°25'36"W, ALONG SAID
NORTHWESTERLY LINE, 349.83 FEET; THENCE S65°53'59"E, ALONG SAID NORTHWESTERLY LINE, 160.25
FEET; THENCE S23°39'28'~N, ALONG SAID NORTHWESTERLY LINE, 102.16 FEET; THENCE
NORTHWESTERLY, 104.12 FEET, ALONG A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 102.05 FOOT CHORD BEARS N09°34'17"VV; THENCE N10°18'54"E, 412.57 FEET; THENCE
NORTHEASTERLY, 154.02 FEET, ALONG A 615.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,
WHOSE 153.62 FOOT CHORD BEARS N03°08'26"E; THENCE S89°43'05"VV, 331.93 FEET; THENCE
N00°16'55'~V, 482.10 FEET; THENCE N62°56'13"E, 175.00 FEET; THENCE NORTHWESTERLY, 203.93 FEET,
ALONG A 1765.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 203.82 FOOT CHORD
BEARS N30°22'24'~N; THENCE N58°34'58"E, 265.34 FEET, TO SAID POINT OF BEGINNING, CONTAINING 12.27
ACRES.
-AND-
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF
SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE
S89°44'05'~N, ALONG THE SOUTH LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST QUARTER, 1327.61
FEET; THENCE N00°16~15"E, ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE SOUTHWEST
QUARTER, 708.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'15"E, ALONG SAID
WEST LINE, 478.98 FEET; THENCE S89°43'45"E, 605.50 FEET, TO A POINT ON THE NORTHWESTERLY LINE
OF HIGHWAY NO. 1; THENCE S53°53'27"W, ALONG SAID NORTHWESTERLY LINE, 91.91 FEET; THENCE
Conditional Zoning Agreement (REZ04-00030)
Page 3
S41°15'16'~/V, ALONG SAID NORTHWESTERLY LINE, 345.72 FEET; THENCE S62°03'39"W, ALONG SAID
NORTHWESTERLY LINE, 345.84 FEET, TO SAID POINT OF BEGINNING, CONTAINING 3.78 ACRES.
SAID RESULTANT PARCEL OF LAND CONTAINS 16.05 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
RR-1 ZONE
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, OF R.H. DAVIS SUBDIVISION, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN BOOK 7, AT PAGE 1, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S88°58'43"E, 143.89 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF
HIGHWAY NO. 218; THENCE S31°25'02"E, ALONG SAID SOUTHWESTERLY LINE, §20.41 FEET; THENCE
S58°34'58"VV, 83.82 FEET, TO A POINT ON THE SOUTHERLY LINE OF OLDE OAK LANE; THENCE
NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, 64.07 FEET, AND A 54.67 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 60.47 FOOT CHORD BEARS N64°59'26'~V; THENCE N08°52'23'~/,
60.00 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID OLDE OAK LANE; THENCE S81°07'37'~N,
ALONG SAID NORTHERLY LINE OF OLDE OAK LANE, 291.64 FEET, TO THE SOUTHEAST CORNER OF LOT 6
OF SAID R.H. DAVIS SUBDIVISION; THENCE N01°05'35"E, ALONG THE EASTERLY LINE OF SAID R.H. DAVIS
SUBDIVISION, 450.59 FEET, TO SAID POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.83
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Parties acknowledge that Iowa Code Section 414.5 (2005) provides that the City of
Iowa City may impose reasonable conditions on granting an applicant's rezoning request,
over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change, including provisions for infrastructure, funding of infrastructure,
landscaping and fencing, access control, and the provision of sanitary sewer.
3. In consideration of the City's rezoning the subject property, Owners agree that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well
as the following conditions:
a. Naples Avenue/Highway 1: Turning lanes and a traffic signal at the intersection of
Highway I and Naples Avenue will be constructed, as recommended in the Traffic
Impact Study dated February 2005 submitted for this property, prior to an occupancy
permit being issued for any lot on the property. The design of the turning lanes and
street pavement shall be included as part of a final plat for the property, to be approved
by the City. The developer/subdivider shall fund 100% of the improvements on the north
leg of the Highway l/Naples~ Avenue intersection. The City of Iowa City shall reimburse
to the developer/subdivider 10% of the cost of other turning lane improvements, the
traffic signal improvement, and other incidental improvements at the Naples
Avenue/Highway 1 intersection, upon completion of these improvements and
acceptance by the City. The developedsubdivider shall submit to the City receipts for the
costs of these improvements, which the City shall use to determine the 10%
reimbursement. Said improvements are to be installed prior to the issuance of an
occupancy permit for any lot in the development.
b. Naples Avenue Design and Access: Naples Avenue north of Highway 1 will be
constructed to collector street standards, with a shared access point for Lots 13 and 14,
as numbered on the MWD Davis Addition Concept Plan submitted to the City on
February 17, 2005. The access drives to Lot 2, the Intensive Commercial zoned lot, shall
be opposite this access point, and a second access point may be located at the northern
edge of the Intensive Commercial zoned area, to create predictable and consistent
access points with adequate queuing storage on Naples Avenue.
Conditional Zoning Agreement (REZ04-00030)
Page 4
c. Kitty Lee Road Improvements: Prior to access being permitted to Kitty Lee Road from a
Commercial zoned property, Kitty Lee Road shall be reconstructed to City collector
street standards from Highway 1 to the northern most commercial driveway. To
determine if Highway 1 left and right-turn lanes are needed on Highway 1 and to
determine the appropriate design of such turn lanes, a traffic study, to be approved by
the City, must be completed to predict turning movements based on the proposed land
use of any property utilizing Kitty Lee Road for access. These improvements and any
other improvements recommended by the traffic study must be completed prior to an
occupancy permit being issued for any commercial property using Kitty Lee Road for
access.
d. Kitty Lee Road Fundinq: The developer/subdivider shall pay funds equal to one-half the
estimated cost of reconstructing Kitty Lee Road to City local street standards along the
frontage of the property zoned C1-1 and CO-I, depicted as Outlot A and Lot 2 on the
concept plan dated February 17, 2005. These funds must be paid prior to an occupancy
permit being issued for any lot on the property. For the purpose of this agreement, the
amount of funds to be paid to the City shall equal $150 per linear foot of frontage. The
developer/subdivider and any future property owners shall not be assessed for Kitty Lee
Road improvements in the future.
When development is proposed for the CC-2 zoned lot with frontage on Kitty Lee Road,
depicted as Lot 1 on the MWD Davis concept plan dated February 17, 2005, Kitty Lee
Road shall be reconstructed to City collector street standards between Highway 1 and
the northernmost commercial driveway. For any remaining frontage, funds equal to $150
pre linear foot shall be paid prior to an occupancy permit being issued for the property
depicted as Lot 1 on the MVVD Davis concept plan.
e. Landscapin,q: The landscaping generally depicted on the preliminary landscaping plan
dated January 27, 2005 submitted to the City of Iowa City shall be planted prior to the
issuance of an occupancy permit for any lot on the property. The final design of said
landscaping shall be approved as part of final plat approval.
f. Fencin.q: The design of any fencing along the west and north boundaries of the
commercial lots identified as Lots 1 and 2 on the MVVD Davis Concept Plan submitted to
the City shall be approved by the City as part of site plan approval.
g. Access Control: No direct driveway access to Highway 1 is permitted.
h. Sanitary Sewer Provision: The sanitary sewer lift station to be provided on the property
shall be sized to serve the proposed development with potential to be upgraded to serve
the entire watershed. The design of this sanitary sewer infrastructure shall be approved
as part of the approval of construction plans to be submitted with a final plat for the
property.
i. Hi.qhwa¥ 1 Sidewalk: In lieu of requiring the developer/subdivider to construct a sidewalk
along the Highway 1 frontage, the developer/subdivider shall pay for the paving cost of a
four-foot sidewalk. The City shall use these funds toward a future public pedestrian
sidewalk along this segment of Highway 1. These funds, $6 per square foot of sidewalk,
shall be paid to the City prior to an occupancy permit being issued for any lot in the
subdivision.
Conditional Zoning Agreement (REZ04-00030)
Page 5
4. Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2005), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5. Owners and City 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.
6. 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.
7. Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed
to relieve the Owners or future owners from complying with all applicable local, state, and
federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office at the applicant's expense.
Dated this day of ,2005.
OWNERS CITY OF IOWA CITY
By By
James R. Davis Ernest Lehman, Mayor
Attest
Marian Karr, City Clerk
Conditional Zoning Agreement (REZ04-00030)
Page 6
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
OWNER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,20 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared
, to me known to be the identical person.(~), named in and who executed
the within and foregoing instrument, and acknowledged that (he/she/they) executed the same as
(his/her/their) voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/CZA-REZ04-00030.doc
City of Iowa City
MEMORANDUM
Date: March 21, 2005
To: City Council
From: John Yapp, Associate Planner
Re: ANN04-00001/REZ04-00030: MWD Davis property annexation and rezoning
At their March 17 meeting, at the request of the applicant's attorney, the Planning and
Zoning Commission reconsidered several of the conditions recommended for a
Conditional Zoning Agreement associated with the rezoning of the MWD Davis property.
This memorandum summarizes the Planning and Zoning Commission's March 17
recommendations for a Conditional Zoning Agreement for this property.
PLANNING AND ZONING COMMISSION RECOMMENDATION
At its March 17, 2005 meeting, the Planning and Zoning Commission recommended
approval of REZ04-00030 a request to rezone approximately 50.03 acres of properly
from County A1 .to CC-2, Community Commercial (approximately 16.05 acres), C1-1,
Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial
(approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres),
subject to a Conditional Zoning Agreement addressing the following conditions. The
Commission votes on each condition are given:
1. Naples Avenue I Highway 1 intersection: Regarding funding responsibilities for
construction of turn lanes and traffic signal improvements as recommended in the
February 2005 traffic impact study for the MWD Davis property, the
developer/subdivider being responsible for funding 100% of the cost of the north leg
of Naples Avenue, 100% of the cost of left and right turn lanes for traffic turning nodh
into the MWD Davis property, and 100% of the cost of a traffic signal at the Naples
Avenue / Highway I intersection; the City being responsible 100% of the cost for left
and right turn lane improvements for traffic turning south onto the south leg of Naples
Avenue, and the City being responsible for any improvements needed to the south
leg of Naples Avenue as a consequence of improvements and signalization of this
intersection. (Recommended by a vote of 3 (Koppes, Freerks, Hansen) to 2
(Brooks, Shannon).
2. Naples Avenue design and access: Naples Avenue north of Highway 1 will be
constructed to collector street standards, with shared access points for Lots 13&14,
as numbered on the MWD Davis Addition concept plan submitted on February 17.
The access drives to Lot 2, the Cl-l-zoned lot, shall be opposite this shared access
point, and a second access point may be located at the northern edge of the
Intensive Commercial zoned area, to create predictable and consistent access
points. (Recommended by a vote of 5-0).
3. Kitty Lee Road improvements: Prior to access being permitted to Kitty Lee Road,
-Kitty Lee Road shall be reconstructed to City collector street standards from Highway
1 to the northern-most commercial driveway. The City will pay the costs for
oversizing the street from a local to a collector street. To determine if a Highway 1
right-turn and left-turn lanes are needed on Highway 1 and to determine the
appropriate design of the turn lanes a traffic study (approved by the City) predicting
turning movements related to the proposed land 'use of Lot 1 must be completed.
Any improvements recommended by the traffic study must be completed prior to an
occupancy permit being issued for any property using Kitty Lee Road for access.
(Recommended by a vote of 5-0).
4. Kitty Lee Road funding: The developer/subdivider paying funds equal to ~ the cost
of reconstructing Kitty Lee Road to City local street standards from the northern-most
commercial driveway/entrance intersection to the south property line of Lot 1 of RH
Davis subdivision Part I1. (Recommended by a vote of 3 (Brooks, Freerks,
Hansen) to 2 (Koppes, Shannon).
5. Landscaping: The perimeter landscaping generally depicted on the preliminary
landscaping plan dated 1-27-05 be planted prior to the issuance of an occupancy
permit for any lot in the development. (Recommended by a vote of 5-0).
6. Fencing: The design of any fencing along the west and north boundaries of the
commercial lots identified as'Lots 1 and 2 on the MWD Davis concept plan being
approved by the City as part of site plan approval. (Recommended by a vote of 3
(Brooks, Freerks, Hansen) to 2 (Koppes, Shannon).
7. Access control: No direct driveway access to Highway 1 is permitted.
(Recommended by a vote of 5-0).
8. Sanitary sewer provision: Requirements for the sanitary sewer lift station to be
sized to serve the proposed development with potential to be upgraded to serve the
entire watershed. (Recommended by a vote of 5-0).
9. Highway 1 sidewalk: In lieu of a sidewalk being constructed along the Highway 1
frontage, the developer/subdivider agreeing to be responsible for the paving cost of a
four-foot sidewalk if a public sidewalk is constructed within the next ten years along
the Highway 1 frontage of this property, or if the developer/subdivider pay or escrow
for the cost of this sidewalk, the funds will be returned if the sidewalk is not
constructed within ten years. (Recommended by a vote of 4 (Koppes, Shannon,
Freerks, Hansen)to 1 (Brooks).
Attachment.
REZONING EXHIBIT
IOWA CITY IOWA
(CC-2 Z~E
~,' ~ .__
:cc-2 Z~ (~]
(cc 2
J ~7 ~ ~ REZONING EXHIBIT MMS COUSUL?~, I~c.
g ll~ I~l ~lTlil~l,~q MWD DA~S ADDITION
CONCEPT PLAN
MWD DAVIS ADDITION
IOWA CITY IOWA
, : ~,.~,~,~,~,,~,~,~,,~____~ kiWl~ DAVIS AD~)ITJON
~' I lO , - ....................
~LOT 'A ~ ',
r..- ~..-.T.-T-...T.._...~,
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Doug Ongie, PCD Intern
Item: VAC05-00001 Dane Road north of Mormon Date: February 17, 2005 Trek Boulevard
GENERAL INFORMATION:
Applicant: City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Requested Action: Vacation of Old Dane Road
Purpose: To allow for development of unimproved right-
of-way
Location: Dane Road, north of Mormon Trek Boulevard
Size: Approximately 19,050 square feet
Existing Land Use and Zoning: Vacant; Intensive Commercial, C1-1
Surrounding Land Use and Zoning: North: Vacant; Intensive Commercial, C1-1
South: Agricultural and residential; County RS
East: Agricultural and residential; County RS
and RMH
West: Vacant; Intensive Commercial, C1-1
File Date: January 28, 2005
BACKGROUND INFORMATION:
In 2004, Mormon Trek Boulevard was extended southeast from Highway 1 to Dane Road. A new
street, City Drive, was constructed that connects Mormon Trek Boulevard and Dane Road (see
attached figure). As part of this project, Dane Road was removed between Mormon Trek Boulevard
and City Drive. The City of Iowa City is now applying to vacate the Dane Road right-of-way between
City Drive and Mormon Trek Boulevard to allow for future development of the area.
ANALYSIS:
Three general criteria are used to determine the advisability of vacating a street or alley right-of-way.
Vacating right-of-way is not advisable if it would interfere with pedestrian or vehicular circulation, the
ability to access private property, or inhibit the access of emergency or utility vehicles. The Dane
Road pavement between Mormon Trek Boulevard and City Drive has been removed. Therefore,
vacation of the right-of-way will not interfere with access or circulation. This property is part of the
J JR Davis Parts II and III subdivision.
The property does not contain City water, sewer or storm sewer systems and is not necessary for
municipal utilities. The property does appear to contain an underground gas line and telephone line
approximately 10 to 15 feet west of the former pavement location. According to a preliminary site
plan that has been submitted to the City for this property, these utilities will be relocated. An
easement should be retained for any utilities that remain in place at the time of vacation.
The City has annexed this property to the centerline of Dane Road. Therefore, the City is pursuing
only the west half of the right-of-way that is in the City corporate limits. Johnson County will be
pursuing the vacation of the eastern half of this right-of-way.
STAFF RECOMMENDATION:
Staff recommends that VAC05-00001 a request to vacate unimproved Dane Road right-of-way north
of Mormon Trek Boulevard subject to an easement being retained for any utilities in place at the time
of vacation.
Approved by: /~;~'~;~'~"' Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENT:
1. Location Map
2. Vacation exhibit
\\citynt\shared\PCD\dane road vacation.doc
SITE LOCATION: Gloat Grook ^nnoxation ^NN05-00001
E1/4 COR SEC 20-79-6
NORTH LIN_E S_E1/_4 S_EC_2O-__79-6 ..........
33.00'
DESCRIPTION: VACATION OF ROAD EASEMENT
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4
SOUTHEAST 1/4 OF SECTION 20,TOWNSHIP 79 NORTH, RANGE
6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION
20; THENCE SOUTH 00°08'54" WEST ON THE EAST UNE OF
THE SOUTHEAST 1/4 OF SAID SECTION 20 A DISTANCE OF
485.52 FEET TO A POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE SOUTH 00°08'54" WEST A
DISTANCE OF 585.36 FEET; THENCE NORTHWESTERLY ON A
1750.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY
AND HAVING A 36.98 FOOT LONG CHORD BEARING NORTH
63°02'07" WEST A DISTANCE OF 36.98 FEET(ARC LENGTH);
THENCE NORTH 00°08'54' EAST A DISTANCE OF 568.68 FEET;
THENCE SOUTH 89°51'06" EAST A DISTANCE OF 33.00 FEET TO R = 1 750.00' L-- 36.98'
ITHE POINTOF BEGINNING. CH N63°02'07"W 36.98'
BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 20 IS ASSUMED TO BEAR SOUTH 00°08'54"
IWEST FOR THE PURPOSE OF THIS DESCRIPTION.
$C
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC05-00001)
ORDINANCE NO.
AN ORDINANCE VACATING UNIMPROVED DANE ROAD, NORTH OF MORMON TREK BOULEVARD
WHEREAS, as part of the extension of Mormon Trek Boulevard, a segment of Dane Road pavement
was removed; and
WHEREAS, the property containing this segment of the Dane Road right-of-way easement is proposed
to be platted and developed; and
WHEREAS, telephone and gas utilities are remaining and easements will need to be created for said
utilities; and
WHEREAS, this segment of Dane Road, proposed to be vacated, is not required for access to any
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the public right-of-way easement legally
described as follows, subject to the retention of utility and access easements to any existing utilities created:
A parcel of land located in the northeast 1/4 of the southeast 1/4 of Section 20, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as
follows:
Commencing at the east 1/4 corner of said Section 20; thence south 00008'54'' W on the east line of
the southeast 1/4 of said Section 20, a distance of 485.52 feet to a point of beginning of the parcel
herein described; thence south 00008'54" VV, a distance of 585.36 feet; thence northwesterly on a
1750.0 foot radius curve concave northeasterly and having a 36.98 foot long chord bearing north
63o02'07'' W, a distance of 36.98 feet (arc length); thence north 00o08'54" E, a distance of 568.68
feet; thence south 89°51'06" E, a distance of 33.00 feet to the point of beginning; containing
19,044.05 square feet more or less.
SECTION II. AUTHORIZATION. The Mayor and City Clerk are authorized to execute any and all
documents necessary to retain utility and access easements to existing utilities and to relinquish the City's
right-of-way easement over the subject property.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
~0~5-00001 ,doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration ..................
Vote for passage:
Second Consideration 3/22/05
Vote for passage: AYES : Elliott, Lehman, OIDonnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None, ABSENT: None,
Date published
Moved by Vanderhoef, seconded by O'Donnell, that the rult 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 first consideration and vote be waived and the ordinance be
given second consideration at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoer, Wilburn
Bailey, Champion. NAYS: None. ABSENT: None.
PHELAN TUCKER MULLEN
WALKER TUCKER GELMAN LLP
321 East Market A T T O R N E Y S A T L A W
Post Office Box 2150
Iowa City, Iowa
52244-2150
Phone: (319) 35~.1104
March
2005
Fax: (319) 354-6962 "", ~.'-~
E-mail addresses:
attorney's last name
@ptmlaw. com Mayor Ernie Lehman
www. ptmlaw, com City Council, City of Iowa City i'." ':2 '
City of Iowa City
410 E. Washington Street
William V. Phelan Iowa City
IA
52240
Bruce L. WalkerRe: Vacation of Dane Road
VAC05-00001
Richard M. Tucker
Dear Mayor and City Council,
lhomas H. Gelman
I am the legal representative for Jim Davis, Bob Davis and Jan Smith, the owners
Gary J. Schmit of real estate adjacent to that portion of Dane Road that is intended to be vacated
under the above referred to application. It would be useful to the owners if the
Margaret P. Winegarden application process was reasonably expedited. As such, on the owners' behalf I
am requesting that at your March 22, 2005 meeting the multiple readings and
John E. Beasley
public hearings be collapsed as much as reasonably possible. The owners believe
Dean D. Carrington this to be a reasonable request because of the limited number of directly affected
property owners and the fact that the paving for the road has already been
Susan J. Fryeremoved with alternate road connections now in place that will be further
improved in the near future.
Your fullest consideration of this request will be very much appreciated.
Pope S. Yamada
Daniel W. Boyle Very truly yours,
William M. Tucker Thomas H. Gel~nan
[1922-20031
Attorney for Jim Davis, Bob
Charles A. Mullen Davis and Jan Smith
[1937-2001]
THG:kc
Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO. 05-4153
AN ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6-O SIGN REGULATIONS, TO
PERMIT ELECTRONIC CHANGEABLE COPY SIGNS IN THE COMMUNITY COMMERCIAL (CC-2),
HIGHWAY COMMERCIAL (CH-J) AND INTENSIVE COMMERCIAL (C1-1) ZONES.
WHEREAS, the City Code currently allow signs where the copy is changed manually, but not
electronically; and
WHEREAS, allowing electronic changeable copy signs will provide greater flexibility and convenience
for the property owner; and
WHEREAS, electronic changeable copy signs are currently considered "animated" signs; and
WHEREAS, animated signs are currently prohibited due to concerns about bright, flashing, scrolling,
or moving images or text being distracting to drivers along public streets and causing undue sign clutter;
and
WHEREAS, placing restrictions on electronic changeable copy signs with regard to location,
brightness, and animation will reduce the potential negative impacts on safety and aesthetics along public
streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning; Article O, Sign Regulations; Section
2, Definitions be amended to replace the existing definitions of "Animated Sign," "Changeable Copy Sign,"
and "Time and Temperature Sign" with the following definitions:
ANIMATED SIGN: Any sign or part of a sign which, through the use of moving structural elements,
flashing or sequential lights, lighting elements, or other automated method, results in movement, or the
appearance of movement.
CHANGEABLE COPY/CHANGEABLE COPY SIGN: A sign, or part of a sign, such as a reader board,
where the copy is easily changed manually or by electronic means, but is not animated.
TIME AND TEMPERATURE SIGN: An identification sign that shows the current time and temperature
in an electronic digital format in a manner similar to that illustrated below. At least 40 percent of each sign
face shall be devoted to the display of time and temperature. For purposes of this Title, a Time and
Temperature Sign is not considered a changeable copy sign.
City Code Title 14, Chapter 6, Zoning; Article O, Sign Regulations, Section 4, Permitted Signs in all
Zones; Subsection B, Signs Requiring a Permit, Paragraph 1 be amended to replace the existing text with
the text that follows:
1. Changeable Copy Signs:
a. Any sign may contain copy that is changed manually. Such signs shall be installed in
accordance with the dimensional requirements of the zone in which the sign is located.
b. Signs where the copy is changed by electronic means are only allowed as specified below:
1). The sign must be located in a CC~2, CH-l, or C1-1 Zone, but may not be located within
100 feet of a Residential Zone.
2). Electronic changeable copy is allowed on only one sign per lot.
3). The changeable copy may not be animated. The copy may be changed no more than
once per hour.
4). The sign may not contain images or be of a brightness that will interfere with, obstruct the
view of, or confuse traffic. The sign may not contain images that may be confused with
any authorized traffic sign, signal or device. The sign may not make use of the words,
"stoP," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol or
character in such a way as to interfere with, mislead or confuse traffic.
5). The sign must comply with the illumination standards as specified in subsection 14-60-
7D.
6). Electronic changeable copy is only allowed on freestanding signs and freestanding, wide-
base signs, which must be installed in accordance with the dimensional requirements of
Ordinance No. 05-4153
Page 2
the zone in which the sign is located.
7). The electronic changeable copy portion of the sign may not exceed 40 percent of the area
of the sign face.
City Code Title 14, Chapter 6, Zoning; Article O, Sign Regulations, Section 7, Additional Regulations,
Subsection D, Illuminated Signs be amended to add the following paragraphs:
5. Illumination through the use of LEDs is allowed only as specified for electronic changeable
copy. All signs using LEDs must have installed ambient light monitors that automatically
adjust the brightness level of the electronic sign based on ambient light conditions. At no time
shall the sign be operated at a brightness level greater than the manufacturer's recommended
levels.
6. Any electronic changeable copy must be monochromatic. The sign must utilize a dark
background with only the message or image lit in a single color.
7. Permit application for electronic changeable copy signs must include a copy of the
manufacturer's operating manual, including any recommended standards for brightness and
other display operations.
8. For electronic changeable copy signs, whether the sign is programmed from the site or from a
remote location, the computer interface that programs the sign shall be made available to the
Building Official, or designee, for inspection upon request. If the computer interface is not
immediately available, the sign shall cease operation until such program can be provided.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Pass__ed and approved this 22nd. dayg.~ March ,2005.
MAYOR /
CITY C L'L~P, K
Approved by
City Att0rney'~ Offic"e
Ordinance No. 05-4153
Page 3
It was moved by E11 i ott and seconded by £hampi on that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 3/1/05
Voteforpassage: AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration ...............
Vote for passage:
Date published 3/30/05
Moved b~v Elliott, seconded by 0'Donnell, that the ru;le requiring ordinances to be considered at
two Council meetings prior to the meeting at which it is to be finalt,v passed be suspended,
the second consideration and vbte be waived and the ordinance be voted upon for final passage
at this time. AYES: Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott.
NAYS: None. ABSENT: None.
Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2003), the City of Iowa City provides certain solid
waste collection and disposal services; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with ~aid solid waste
collection and disposal services; and
WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by
approximately 3% for billing on or after July 1, 2005, to adequately finance operational costs; and
WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees
and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the charge for residential solid waste collection from $12.10 to $12.50 per dwelling unit, and 2
rooming units, per month; and from $9.00 minimum to $9.40 minimum for solid waste.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
Ci{y .~,ttorney'~Office
fi nadm/ordh~eein crea se-sw05.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/22/05
Voteforpassage:AYES: Bailey, Champion, Elllott, Lehman, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO. 05-4154
AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE,"
CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORMWATER COLLECTION, DISCHARGE
AND RUNOFF," TO CREATE AN ILLICIT DISCHARGE AND CONNECTION STORMWATER
ORDINANCE.
WHEREAS, the City of Iowa City, since its incorporation, has constructed a stormwater
infrastructure with point source and non-point source discharges into the Iowa River and the six
major creeks; and
· WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or
indirectly from properties within the City to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are
available for stormwater and ground water discharges; and
WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now required to have a national pollutant discharge elimination system
(NPDES) permit to operate and maintain its stormwater infrastructure and to otherwise protect the
waters of the Iowa River and the six major creeks; and
WHEREAS, federal law and the City's NPDES permit require that the City adopt an Illicit
Discharge Prohibition Ordinance that prohibits anything other than stormwater, allowable non-
stormwater and pollutants for which an NPDES permit has been issued and when the discharge is
in compliance with the permit from entering the City's stormwater system; and
WHEREAS, the City now desires an Illicit Discharge Prohibition Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the
City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-11, entitled
"Illicit Discharge and Connection Stormwater Ordinance":
14-3G-11 ILLICIT DISCHARGE AND CONNECTION STORMWATER ORDINANCE
A. Purpose and Intent.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of Iowa City and the state of Iowa through the regulation of non-stormwater
discharges to the storm drainage system to the maximum extent practicable as required by
federal and state law. This ordinance establishes methods for controlling the introduction of
pollutants into the municipal separate storm sewer system (MS4) in order to comply with
requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.
The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by stormwater discharges by any user
(2) To prohibit Illicit Connections and Discharges to the municipal separate storm
sewer system
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance
B. Definitions.
For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency: employees or designees of the director of the Iowa City Public
Ordinance No. 05-4154
Page 2
Works Department.
Best Mana.qement Practices (BMPs): schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity: Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of equal to or greater than the threshold
established by NPDES permit. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Dischar.qe: The release of water and any elements, compounds and particles contained within
or upon, from property owned or controlled by a person.
Hazardous Materials: Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Ille.qal Dischar,qe: Any direct or indirect non-stormwater discharge to the storm drainage system,
except as exempted this ordinance.
Illicit Connections: An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drainage system including but not limited to any conveyances
which allow any non-stormwater discharge including sewage, process wastewater, and wash
water to enter the storm drainage system and any connections to the storm drainage system
from indoor drains and sinks that are located under roof with walls and not subiect to stormwater
runoff, regardless of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency or;
Any drain or conveyance connected from a commercial or industrial land use to the storm
drainage system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency or NPDES permit.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.26 (b)(14), as amended.
National Pollutant Discharqe Elimination System (NPDES) Stormwater Discharqe Permit:
means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC '
1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area-wide basis.
Non-Stormwater Dischar,qe: Any discharge to the storm drainage system that is not composed
entirely of stormwater or groundwater.
Person: means any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and noxious or offensive
matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Drainage System: Publicly-owned or maintained facilities by which stormwater is
Ordinance No. 05-'!.154
Page 3
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels, reservoirs, and other
drainage structures.
Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan (SWPP): A document which describes the Best
Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the
Maximum Extent Practicable.
VVastewater: means any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Watercourse: A natural overland route through which water passes, including drainage courses,
streams, creeks, and rivers.
C. Applicability.
This ordinance shall apply to all water entering the storm drainage system generated on any
developed and undeveloped lands unless explicitly exempted by the authorized enforcement
agency.
D. Responsibility and Administration.
The authorized enforcement agency shall administer, implement, and enforce the provisions of
this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency
may be delegated in writing by the Director of the authorized enforcement agency to persons or
entities acting in the beneficial interest of or in the employ of the agency.
E. Severability.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
provisions or application of this Ordinance.
F. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards; therefore this ordinance does not intend nor imply that compliance by any person will
ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
G. Dischar,qe Prohibitions.
Prohibition of Ille,qal Discharqes.
No person shall discharge or cause to be discharged into the municipal storm drainage system
or watercourses any materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards, other than
stormwater.
The commencement, conduct or continuance of any illegal discharge to the storm drainage
system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by
this ordinance: water line flushing or other .potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground water
infiltration to storm drains, uncontaminated pumped ground water, foundation or
footing drains (not including active groundwater dewatering systems), crawl space
pumps, air conditioning condensation, springs, non-commercial washing of vehicles,
concrete truck washout, natural riparian habitat or wet-land flows, swimming pools (if
dechlorinated - typically less than one PPM chlorine), fire fighting activities, exterior
Ordinance No. 05-4154
Page 4
building washwaters when no detergent or other surfactants are used, pavement
washwaters where no spills or leaks of toxic or hazardous materials have occurred
and when no detergents or other surfactants are used, and any other water source
not containing Pollutants.
2. Discharges specified in writing by the authorized enforcement agency as being
necessary to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the
authorized enforcement agency prior to the time of the test.
4. The prohibition shall not apply to any non-stormwater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection Agency or
Iowa Department of Natural Resources, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any discharge to
the storm drainage system.
5. Discharges from University of Iowa property or facilities covered by the University of
Iowa's NPDES permit.
Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to
the storm drainage system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the MS4, or allows such a connection to continue.
H. Suspension of MS4 Access.
Suspension due to Illicit Discharqes in Emergency Situations
The authorized enforcement agency may, without prior notice, suspend MS4 discharge access
to a person when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to the health or
welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the authorized enforcement agency may take
such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the
United States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this ordinance may have their MS4 access
terminated if such termination would abate or reduce an illicit discharge. The authorized
enforcement agency will notify a violator of the proposed termination of its MS4 access. A
person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the authorized enforcement agency.
I. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES Iowa Department of Natural
Resources stormwater discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the authorized
enforcement agency prior to the allowing of discharges to the MS4.
Ordinance No. r~[;-&154
Page 5
1. Notice of Intent (NOI) Submittal. The operator of a facility, including construction sites,
required to have an NPDES permit to discharge stormwater associated with such activity,
shall submit a copy of the Notice of Intent (NOI) to the authorized enforcement agency at the
same time the operator submits the original (NOI) to the Iowa Department of Natural
Resources (IDNR) and EPA as applicable. The copy of the Notice of Intent may be
delivered to the authorized enforcement agency either in person or by mailing to:
NOI to Discharge Stormwater
City Hall - Engineering Division
410 E. Washington St.
Iowa City, IA 52240
2. Notice of Intent (NOI) Offense. A person commits an offense if the person operates a
facility that is discharging stormwater with industrial or construction activity without having
submitted a copy of the Notice of Intent to do so to the authorized enforcement agency.
J. Compliance Monitorinq.
1. Applicability.
This section applies to all facilities that have stormwater discharges associated with
industrial or construction activity.
2. Access to Facilities.
(a) The authorized enforcement agency shall be permitted to enter and inspect facilities
subject to regulation under this ordinance as often as may be necessary to determine
compliance with this ordinance. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives of the
authorized enforcement agency.
(b) Facility operators shall allow the authorized enforcement agency ready access to all
parts of the premises for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES permit to discharge
stormwater, and the performance of any additional duties as defined by state and federal
law.
(c) The authorized enforcement agency shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
(d) The authorized enforcement agency has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the
discharger at its own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or
oral request of the authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(f) Unreasonable delays in allowing the authorized enforcement agency access to a
permitted facility is a violation of this ordinance. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with industrial activity commits
an offense if the person denies the authorized enforcement agency reasonable access
Ordinance No. 05-4!54
Page 6
to the permitted facility for the purpose of conducting any activity authorized or required
by this ordinance.
(g) If the authorized enforcement agency has been refused access to any part of the
premises from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this ordinance, or that there is
a need to inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this ordinance or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community, then the
authorized enforcement agency may seek issuance of a search warrant from any court
of competent jurisdiction.
K. Use of Best Manaqement Practices.
Authorized enforcement agency will adopt requirements identifying Best Management Practices
for any activity, operation, or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drainage system, or waters of the U.S. The owner or operator of a
commercial or industrial establishment shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes into the municipal
storm drainage system or watercourses through the use of these structural and non-structural
BMPs. Further, any owner, operator, tenant, or person responsible for a property or premise,
which is, or may be, the source of an illicit discharge, may be required to implement, at said
person's expense, additional structural and non-structural BMPs to prevent the further discharge
of pollutants to the municipal separate storm sewer system. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance with the provisions of
this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as
necessary for compliance with requirements of the NPDES permit.
L. Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
M. Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a. facility or operation has information of
any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into stormwater, the storm drainage system, or water of the
U.S. said person shall take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non-hazardous materials, said person shall notify the
authorized enforcement agency in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the authorized enforcement agency within three business days of the
phone notice. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three years.
N. Enforcement.
Whenever the authorized enforcement agency finds that a person has violated a prohibition or
Ordinance No. 05-4154
Page 7
failed to meet a requirement of this Ordinance, the authorized enforcement agency may order
compliance by written notice of violation to the responsible person. Such notice may require
without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property; and
5. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set
forth a deadline within which such remediation or restoration must be completed.
O. Iniunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions of
this ordinance, the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
co.mpelling the person to perform abatement or remediation of the violation.
P. Violations Deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a public nuisance, and may be
summarily abated or restored in accordance with applicable law, and/or a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may betaken.
Q. Violations and Penalties.
Violation of this Illicit Discharge and Connection Stormwater Ordinance shall be punishable as a
municipal infraction or environmental infraction as provided for in subsection 1-4-2D of the city
code.
R. Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
Ordinance No. 05-4154
Page 8
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
,2005
CITY CLER"K
Approved by
C~ty Attorney s Off~ce
Ordinance No. 05-4154
Page
It was moved by Wi 1 burn and seconded by Ba i 1 ey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration. 3/1/05
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration ...................
Vote for passage:
Date published 3/30/05
Moved by Wilburn, seconded by Vanderhoef, that the rule rrquiring 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: Champion, Elliott, Lehman, 0' Donnell,
Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.