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HomeMy WebLinkAbout2006-03-07 Ordinance Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 ORDINANCE NO. AN ORDINANCE REZONING 9.72 ACRES OF LAND lOCATED WEST OF FOSTER ROAD FROM INTERIM DEVELOPMENT RESIDENTIAL (ID-RS) TO PLANNED DEVELOPMENT HOUSING-lOW DENSITY SINGLE-FAMilY (OPD-5). (REZ05-00023) WHEREAS, the applicant, Westcott Partners, has requested a rezoning and approval of a Preliminary Sensitive Areas Development Plan to allow development of two (2) twelve-unit multi-family buildings on property located west of Foster Road and north of White Oak Place; and WHEREAS, the Planning and Zoning Commission found that the proposed Sensitive Areas Development Plan provides many design features encouraged by the Comprehensive Plan , including clustered development, and preservation of woodlands, slopes and other environmental features; and WHEREAS, the Planning and Zoning Commission has found that the plan is of a scale, massing, and architectural style that is compatible with adjacent residential development, as recommended by the Comprehensive Plan, and buildings are designed to minimize the impact of their vertical height through a combination of exterior building materials consisting of brick, stone, and fiber cement siding; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed Sensitive Areas Development Plan, including variations from the underlying RS-5 zoning to allow for multi- family buildings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Interim Development Single-Family (ID-RS) to Planned Development Overlay-Low Density Single-Family Residential (OPD-5) with a Sensitive Areas Development Plan is hereby approved: A PORTION OF GOVERNMENT LOT 2 LYING IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AUDITOR'S PARCEL 2005162 COMMENCING AT THE NORTHEAST CORNER OF LOT 1, OAKMONT ESTATES, IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 46 AT PAGE 319 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE S88'29'53"W, ALONG THE NORTH LINE OF LOTS 1 THROUGH 9 AND ALONG THE NORTH LINE OF OUTLOT "A" OF SAID OAKMONT ESTATES, 1288 FEET MORE OR LESS TO A POINT ON THE LEFT (OR EASTERLY) TOP OF BANK OF THE IOWA RIVER (1288.06 FEET TO A FOUND PIN ON THE MEANDERING L1NE- DENOTED AS POINT A); THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOUSITIES OF THE BANK, 990 FEET MORE OR LESS TO A POINT 14:1: FEET WESTERLY OF A POINT ON THE MEANDERING LINE (DENOTED AS POINT B), SAID POINT BEING ON THE SOUTHERLY LINE OF OUTLOT "B", MACKINAW VILLAGE-PART TWO, IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 48 AT PAGE 108 IN SAID RECORDER'S RECORDS; THENCE N87'59'14"E, ALONG SAID SOUTHERLY LINE, 739 FEET MORE OR LESS, TO A POINT ON THE WESTERLY RiGHT-OF-WAY LINE OF FOSTER ROAD, SAID POINT BEING 725.01 FEET ALONG SAID COURSE FROM SAID POINT B; THENCE SOUTHWESTERLY, 497.74 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND AN ARC OF 385.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 463.80 FOOT CHORD BEARS S34'24'11 "W; THENCE S02'34'36'E, ALONG SAID WESTERLY RIGHT-OF-WAY, 104.62 FEET TO THE POINT OF BEGINNING, CONTAINING 9.72 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. NOTE: THE MEANDERING LINE IS DESCRIBED AS FOLLOWS: THENCE N86'24'24"E, FROM POINT A, ALONG THE MEANDERING LINE, 99.50 FEET; THENCE N39'49'05"E, ALONG SAID MEANDERING Ordinance No. Page 2 LINE, 64.33 FEET; THENCE N59'03'26"E, ALONG SAID MEANDERING LINE, 137.46 FEET; THENCE N67'08'26"E, ALONG SAID MEANDERING LINE, 130.99 FEET; THENCE N20'10'25"E, ALONG SAID MEANDERING LINE, 58.06 FEET; THENCE N70'30'28" E, ALONG SAID MEANDERING LINE, 160.45 FEET; THENCE N70'37'38"E, ALONG SAID MEANDERING LINE 97.25 FEET; THENCE N59'54'36"E, ALONG SAID MEANDERING LINE, 103.69 FEET; THENCE N50'Q4'39"E, ALONG SAID MEANDERING LINE, 74.32 FEET; THENCE N21'57'37'E, ALONG SAID MEANDERING LINE, 74.32 FEET TO POINT B. SECTION II. VARIATIONS Section 14-3A of the City Code provides that variations in zoning requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density. The following variations from the RS-5 zoning requirements are hereby approved as part of the Preliminary Sensitive Areas Development Plan: a. The construction of two (2) twelve-unit multifamily buildings, which include a combination of brick, stone, and fiber cement siding exterior building materials on all facades, as shown on the Preliminary Sensitive Areas Site Plan; and b. The RS-5 maximum building height is increased from thirty-five (35) feet up to forty-seven (47) feet. c. The restriction on parking located directly between a principal building and the street as part of the Multi-Family Site Development Standards is waived to allow up to five visitor parking spaces as shown on the preliminary Sensitive Areas Site Plan. SECTION III. ZONING MAP. The 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 the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the approved Preliminary OPD Plan, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be 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. Passed and approved this _ day of , 20 . MAYOR ATTEST: CITY CLERK Approved by ~ ({LR City ttorney's Office dz..,(,Cp Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 2/28/06 Vote for passage: AYES: Champion, Correia, Elliott, (l'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration 3/7/06 Vote for passage: AYES: Bailey, Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wlburn. NAYS: None. ABSENT: None. Date published ~ ,- - Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00024) ORDINANCE NO. 06-4197 AN ORDINANCE REZONING 1.02 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE FOR PROPERTY LOCATED AT 3405 ROCHESTER AVENUE WHEREAS, the owner, Three Bulls, L.L.C., has requested rezoning of 1.02 acres of property which it owns located south of Rochester Avenue from its current RS-5 designation to CC-2; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has determined that with appropriate conditions to ensure the development of this property in accordance with . the neighbor design policies of the Comprehensive Plan, including the Northeast District Plan, and with provisions for infrastructure improvements and control of vehicular access to Rochester Avenue, the proposed rezoning is in conformance with the Comprehensive Plan; 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, Three Bulls, L.L.C. acknowledges that certain conditions and restrictions are reasonable to ensure that the eventual development of the property is in accordance with the neighborhood design policies of the Comprehensive Plan, including the Northeast District Plan, and to ensure adequate infrastructure and street access is provided for the area; and WHEREAS, Three Bulls, L.L.C. has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive Plan policies are addressed. 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 from RS-5 to CC-2: Beginning with an iron pin in the center of public highway, said iron pin being the Northwest comer of Section 7, Township 79 North, Range 5 West of the 5th P.M.; thence South along the center of said highway and the West line of said Section 7, 994.6 feet to an iron pin, being the intersection of the West line of said Section 7 and the South line of Iowa Highway No.1; thence in a Northeasterly direction 34 feet to an iron pin and the place of beginning; thence continuing in a Northeasterly direction along the South line of said Iowa Highway No.1, 149.73 feet to an iron pin; thence South 149.7 feet to an iron pin; thence in a Southwesterly direction, parallel to the South line of above mentioned Iowa Highway No.1, 149.73 feet to an iron pin; thence North along the East line of public highway 149.7 feet to the place of beginning and Commencing with an iron pin, said iron pin being the Northwest comer of Section 7, Township 79 North, Range 5 West, also a point on the center line of County Highway; thence South along the West line of said Section 7 and the centertine of said County Highway, 994.6 feet to the intersection of the Center line of said County Highway and the South right of way line of the present State Highway Number 1; thence in a Northeasterty direction, along the South right of way line of said State Highway Number 1, Ordinance No. Page 2 34 feet to an iron pin; thence South, parallel to the Center line of above mentioned County Highway. 149.7 feet to an iron pin and the place of beginning, thence continuing South, parallel to the Center line of said County Highway, 149.7 feet to an iron pin, thence in a Northeasterly direction, parallel to the South right of way line of above mentioned State Highway Number 1, 149.73 feet to an iron pin; thence North parallel to the Center line of above mentioned County Highway, 149.7 feel to an iron pin; thence in Southwesterly direction, parallel to the South right of way line of above mentioned State Highway Number 1, 149.73 feet to an iron pin and the place of beginning. 06-4197 The total real estate consists of 1.02 acres. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest to and record at the owner's expense, the Conditional Zoning Agreement between the property owner and the City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of the ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of this 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 required by law. March ,20-.llL. M.A: R ATTEST: /1~~ k. ~ CI lERK Approved by ~ ~ " /I~ --~ City Attorney's Office zJ ~t; ppdadminlordlREZ05-00024.doc Ordinance No. Page -1- 06-41Q7 It was moved by Champion and seconded by as read be adopted, and upon roll call there were: Bailev that the Ordinance AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 1( x x First Consideration 2/13/06 Vote for passage: AYES:Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration 2/28/06 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Date published 1/1 'i /06 Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (REZ05-00024) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Three Bulls, LLC. (hereinafter "Applicant"). WHEREAS, Applicant is owner and legal title holder of approximately 1.02 acres of property located south of Rochester Avenue and east of Scott Boulevard; and WHEREAS, the Applicant has requested rezoning of this property from Low Density Single Family, RS-5, to Community Commercial, CC-2 ; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring the development of the property in accordance with the neighborhood design policies of the Northeast District Plan, and w~h provisions for street improvements and control of vehicular access to Rochester Avenue, the proposed rezoning is in conformance with the Northeast District Plan, which is part of the Comprehensive Plan; and WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable cond~ions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure that the development of the property is in accordance with the neighborhood design policies of the Northeast District Plan and to ensure that adequate streets are in place to serve the property; and WHEREAS, the Owners and Applicant have agreed to use this property in accordance w~h the terms and cond~ions of a Cond~ional Zoning Agreement to ensure that the above-referenced Comprehensive Plan policies are addressed. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Three Bulls, L.L.C. is the owner and legal @e holder of the property legally described as follows: Beginning w~h an iron pin in the center of public highway, said iron pin being the Northwest comer of Section 7, Township 79 North, Range 5 West of the 5th P.M.; thence South along the center of said highway and the West line of said Section 7, 994.6 feet to an iron pin, being the intersection of the West line of said Section 7 and the South line of Iowa Highway No.1; thence in a Northeasterly direction 34 feet to an iron pin and the place of beginning; thence continuing in a Northeasterly direction along the South line of said Iowa Highway No. ppdadrrv'agt/cza-3 bulls.doc Three Bulls, L.L.C. Conditional Zoning Agreement Page 2 1, 149.73 feet to an iron pin; thence South 149.7 feet to an iron pin; thence in a Southwesterly direction, parallel to the South line of above mentioned Iowa Highway No.1, 149.73 feet to an iron pin; thence North along the East line of public highway 149.7 feet to the place of beginning and Commencing with an iron pin, said iron pin being the Northwest corner of Section 7, Township 79 North, Range 5 West, also a point on the center line of County Highway; thence South aong the West line of said Section 7 and the centerline of said County Highway, 994.6 feet to the intersection of the Center line of said County Highway and the South right of way line of the present State Highway Number 1; thence in a Northeasterly direction, along the South right of way line of said State Highway Number 1, 34 feet to an iron pin; thence South, parallel to the Center line of above mentioned County Highway. 149.7 feet to an iron pin and the place of beginning, thence continuing South, parallel to the Center line of said County Highway, 149.7 feet to an iron pin, thence in a Northeasterly direction, parallel to the South right of way line of above mentioned State Highway Number 1, 149.73 feet to an iron pin; thence North parallel to the Center line of above mentioned County Highway, 149.7 feei to an iron pin; thence in Southwesterly direction, parallel to the South right of way iine of above mentioned State Highway Number 1, 149.73 feet to an iron pin and the place of beginning. The total real estate consists of 1.02 acres. 2. Owners and Applicant acknowledge that the City wishes to ensure appropriate commercial development that conforms to the neighborhood design policies contained within the Northeast District Plan. Further, 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 adequate infrastructure necessary to support urban development. Therefore, Owners and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezonilg the subject properly, Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Applicant agrees that preliminary and final plats and site plans for the eventual development of this property will demonstrate compliance with the neighborhood design policies contained ppdacm'agtlcza..3 bulls.doc Three Bulls, L.L.C. Conditional Zoning Agreement Page 3 wtthin the Comprehensive Plan, including the Northeast District Plan, and that the City will take these policies into consideration during its review of said plats and plans. b. Applicant agrees that the property shall develop in manner consistent with Olde Towne Village site plans and will include features such as parking lots located behind the buildings and buildings built at or near the sidewalks c. Applicant agrees to dedicate to City 50 feet of right-of-way south of the centertine of Rochester Avenue along Rochester Avenue, prior to approval of a building permit or site plan including any portion of the subject property. d. Applicant agrees to install a curb and gutter along the edge of the existing pavement and an S- foot wide sidewalk on the south side of Rochester Avenue in conjunction with the development of the CC-2 property. Applicant agrees that tt shall bear all expense for these improvements and said improvements shall be constructed in accordance wtth the Ctty's specifications. e. Applicant agrees that vehicular access to this property will be from Westbury Drive. No curb cuts will be permitted onto Rochester Avenue. 4. The Applicant acknowledges 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. The Applicant acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform wtth the terms of this Condttional Zoning Agreement. 6. The parties acknowledge that this Condttional Zoning Agreement shall be deemed to be a covenant running with the land and wtth title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City. The parties further acknowledge that this agreement shall inure to the beneftt of and bind all successors, representatives and assigns of the parties. 7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant 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 7th. day of M,..~CI/ ,2006 ppdadrrv'agtlcza-3 bulls.doc Three Bulls, L.L.C. Conditional Zoning Agreement Page 4 CI~~FGZ( ~~ Ross Wilbum, Mayor By Attest: ~~ K. ~ Man K. Karr, City Clerk Approved by: t~ z../...,/Pro STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of k1\.v. J nrll , A.D. 20 Cf.o ,before me, the undersigned, a Notary Public in and for the State of Iowa, ~ed Sr.a1. T Larson and Casey Boyd, to me personally known, who being by me u sworn, did say that the person is ,vi ana'j~ (title) and . . . (title) of ~ 8uJ/s, LLC. and that said Instrume was signed on beha~ of the said Ii . ed Iiabili comp'any by authority of its manag.ers and the said S\.JQ.n T. Larson and S~ acknowledged the execution of said Instrument to be the voluntary act and deed of saia limite liability company by it voluntarily executed. " SarlI! E. SwlrlDlldralllr ~' :\ c....~11 11]4. Number 712284 ./" . MyG.....1 I~~ ,QW ~ao. 2007 My commission expires: STATE OF IOWA ) ) ss: COUNTY OF JOHNSON) On this 7R day of 1'O\....r4-l , 2006, before me, ,,,..-..,,- h-.~ , a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn 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) (Re~gluli8n) No. ol.- 4/ '1'7 passed by the City Council, on the 7,t!. day of N\A/i!C-~ , 2006, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voiuntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~r~ Notary Public in and for the State of Iowa My commission expires: 77/b ~ ppdadm'agUcza-3 bulls.doc ~..-& %J ~ Prepared by: Brian Boelk, Sr. Civil Engineer, Public Works, City of Iowa City. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 ORDINANCE NO, AN ORDINANCE AMENDING TITLE 14 ENTITLED UNIFIED DEVELOPMENT CODE, CHAPTER 5 "BUILDING AND HOUSING", ARTICLE I GRADING ORDINANCE, TO CREATE A CONSTRUCTION SITE RUNOFF CONTROL ORDINANCE WHEREAS, the City of Iowa City has constructed a stormwater infrastructure with 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 enforce a construction site runoff control ordinance on all sites for which National Pollutant Discharge Elimination System (NPDES) permits are required to otherwise protect the waters of the Iowa River and the six major creeks; and WHEREAS, federal law and the City's Municipal Separate Storm Sewer System (MS4) permit require that the City adopt a Construction Site Runoff Control Ordinance that requires proper soil erosion and sediment control, addresses waste at construction sites, and requires site plan and pollution prevention plan review and approval; and WHEREAS, the City now desires a Construction Site Runoff Control Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Tile 14, Chapter 5, Article I of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by is hereby amended by: a. Renumbering Section 14-51-13 to Section 14-51-12. b. Renumbering Section 14-51-14 to Section 14-51-13. c. Renumbering Section 14-51-15 to Section 14-51-14 d. Renumbering Section 14-51-12 to Section 14-51-15, and replacing the contents thereof with the following: CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL A. Puroose and Intent 1. The National Pollutant Discharge Elimination System (NPDES) permit program administered by the Iowa Department of Natural Resources (IDNR) requires that agencies meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4). The City of Iowa City has been issued such a permit. The City's MS4 Permit is on file at the office of the City Clerk and is available for public inspection during regular office hours. 2. The NPDES program requires certain individuals engaged in earth disturbing activities related to construction on one (1) acre of land or more, or less than one (1) acre if the earth disturbing activities are part of a larger common plan of development that would disturb one (1) acre or more, to submit an application to the IDNR for a NPDES General Permit #2. Notwithstanding any provision of this ordinance, every applicant bears final and complete responsibility for compliance with a State NPDES General Permit #2, a City Construction Site Erosion and Sediment Control (COSESCO) permit, and any other requirement of state or federal law or administrative rule. 3. As a condition of the City's MS4 Permit, the City is obliged to undertake primary responsibility for administration and enforcement of the NPDES program by adopting a Construction Site Runoff Controi Ordinance designed to achieve the following objectives: (a) Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (applicant) required by law or administrative rule to apply to the IDNR for a NPDES General Permit #2 shall also be required to obtain from the City a COSESCO permit in addition to and not in lieu of the NPDES General Permit #2; and (b) The City shall have primary responsibility for inspection, monitoring and enforcement procedures to promote applicants' compliance with State NPDES General Permits #2 and COSESCO permits. 2 4. No state or federal funds have been made available to assist the City in administering and enforcing the NPDES program. The City shall fund its application, inspection, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties which are made subject to the Program by virtue of state and federal law, and/or other sources of funding established by a separate ordinance. B. Aoolicabilitv 1. All persons required by law or administrative rule to obtain a NPDES General Permit #2 from the IDNR are required to obtain a COSESCO Permi!. 2. Applications for COSESCO Permits shall be made on forms approved by the City which may be obtained from the City. 3. An applicant for a COSESCO Permit shall pay fees as follows: (a) Prior to the issuance of a COSESCO Permit, the applicant shall submit an application fee in an amount established by Resolution of the City Council. (b) In addition to, and not in lieu of the fee for a COSESCO Permit, the Permit Holder shall aiso pay to the City an amount for each required inspection under this Chapter. The fees for inspections shall be established by Resolution of the City Council. 4. An applicant in possession of a NPDES General Permit #2 issued by the IDNR shall immediately submit to the City full copies of the materials described beiow as a basis for the City to determine whether to issue a COSESCO Permit: (a) applicant's NPDES General Permit #2 Notice of Intent (NOI); and (b) applicant's plans, specifications and materials in support of applicant's application for the NPDES General Permit #2; and (c) a Sto~mwater Pollution Prevention Plan (SWPPP) prepared in accordance with this ordinance. 5. Every SWPPP submitted to the City in support of an application for a COSESCO Permit shall: (a) comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a NPDES General Permit #2; and (b) comply with all mandatory minimum requirements pertaining to Joint Application Form, "Protecting Iowa Waters", filed with the IDNR and U.S. Army Corps of Engineers; and (c) comply with all other applicable local, state or federal permit requirements in existence at the time of application; and (d) include within the SWPPP a signed and dated certification by the person preparing the SWPPP that the SWPPP complies with all requirements of this ordinance. 6. Every SWPPP submitted to the City in support of an application for a COSESCO Permit shall comply with Iowa Statewide Urban Design and Specifications (SUDAS) standard design criteria, including but not limited to design, location, and phased implementation of effective, practicable stormwater pollution prevention measures, and shall also: (a) identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site; and (b) assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no stockpiling is allowed in the street; and (c) identify measures and procedures to reasonably minimize disturbed soil and provide soil quality restoration as specified; and (d) assure that all temporary erosion and sediment controls shall not be removed until the City has determined that the site has been permanently stabilized; and (e) identify methods to prevent sediment damage to adjacent properties; (f) eliminate potential for damage to sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and (g) provide for design and construction methods to stabilize steep or long continuous slopes; and, (h) include measures to control the quantity and quality of stormwater leaving a site before, during and after construction; and (i) provide for stabilization of all waterways and outlets; and, OJ protect storm sewer inlets and infrastructure from sediment loading/plugging; and (k) specify precautions to be taken to contain sediment when working in or crossing water bodies; and (I) assure stabilization of disturbed areas, including utility construction areas, as soon as possible; and (m) protect adjacent and outlying roads from sediment and mud from construction site activities, including tracking; and (n) provide for disposal of collected sediment and floating debris; and 3 7. Issuance by the City of a COSESCO Permit shall be a condition precedent for the issuance of a City building permit or site plan approval. 8. For so long as a construction site is subject to a NPDES General Permit #2 or a COSESCO Permit, the applicant shall provide the City with current information as follows: (a) The name, address and telephone number of the person on site designated by the owner who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the NPDES General Permit #2 and the COSESCO Permit; (b) The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractors(s) that will implement each erosion and sediment control measure identified in the SWPPP. (c) An on-site location for storage and retrieval of the current SWPPP. (d) Applicant's failure to provide current information shall constitute a violation of this ordinance. 9. Developers can transfer NPDES General Permit #2 responsibility to homebuilders, new lot owners, contractors and subcontractors. Transferees must agree to the transfer in writing, must agree to fulfill all obligations of the SWPPP and the NPDES General Permit #2. Absent such written confirmation of transfer of obligations, the developer remains responsible for compliance on any lot that has been sold. A developer shall notify the City of any application to the DNR for release of any property from a General Permit #2 pursuant to 567 lAC 64.6(b) or any similar successor provision. 10. Upon receipt of an application for a COSESCO Permit, the City shall either find that the application complies with this ordinance and issue a COSESCO Permit in accordance with this ordinance, or that the application fails to comply with this ordinance, in which case the City shall provide a written report identifying non-compliant elements of the application. C. Insoection 1. All inspections required under this ordinance shall be conducted by a designated person from the City, hereinafter referred to as the "enforcement officer." 2. The applicant shall notify the City when all measures required by applicant's SWPPP have been accomplished on-site, whereupon the City shall conduct an inspection for the purpose of determining compliance with this ordinance, and shall within a reasonable time thereafter report to the applicant either that compliance appears to have been achieved, or that compliance has not been achieved, in which case the City shall provide a written report identifying the conditions of non-compliance. The applicant shall immediately commence corrective action and shall complete such corrective action within twenty- four hours of receiving the City's written report. For good cause shown, the City may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this ordinance. 3. Construction shall not occur on the site at any time when the City has identified conditions of non- compliance. 4. Construction activities undertaken by an applicant prior to resolution of all discrepancies specified in the written report shall constitute a violation of this ordinance. 5. The City shall not be responsible for the direct or indirect consequences to the applicant or to third- parties for non-compliant conditions undetected by inspection. D. Monitorina 1. Upon issuance of a COSESCO Permit, the applicant has an absolute duty to monitor site conditions and to report to the enforcement .officer any change of circumstances or site conditions which the applicant knows or should know pose a risk of storrnwater discharge in a manner inconsistent with applicant's SWPPP, NPDES General Permit #2 and/or COSESCO Permit. 2. Such report shall be made by the applicant to the enforcement officer immediately upon knowledge of site condition changes, but in any event within twenty-four (24) hours of the change of circumstances or site conditions. 3. Failure to make a timely report shall constitute a violation of this ordinance. 4. Any third party may also report to the City site conditions which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with applicant's SWPPP, NPDES General Permit #2 and/or COSESCO Permit. 5. Upon receiving a report pursuant to the previous subsections, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter may issue a written Stop Work Order to the applicant, directing the applicant to take no further action with respect to the SWPP, NPDES General Permit #2 and/or COSESCO Permit, other than corrective action provided for hereinafter. The enforcement officer shall provide the applicant with a written report identifying the conditions of non- compliance. The applicant shall immediately commence corrective action and shall complete such corrective action within twenty-four hours of receiving the City's written report. For good cause shown, the City may extend the deadline for completing corrective action. Failure to take corrective action in a timely 4 manner shall constitute a violation of this ordinance, whereupon the enforcement officer shall immediately commence enforcement actions specified in SECTION E below. 6. Unless a report is made to the enforcement officer pursuant to the previous subsections, the enforcement officer shall conduct at least one unannounced inspection during the course of construction to monitor compliance with the NPDES General Permit #2 and the COSESCO Permit. If the inspection discloses any non-compliance, the enforcement officer shall provide the applicant with a written report identifying the conditions of non-compliance. The applicant shall immediately commence corrective action and shall complete such corrective action within twenty-four (24) hours of receiving the City's written report. For good cause shown, the City may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this ordinance, whereupon the enforcement officer shall immediately commence enforcement actions specified in Section E beiow. 7. The City shall not be responsible for the direct or indirect consequences to the applicant or to third- parties for non-compliant conditions undetected by inspection. E. Enforcement 1. Violation of any provision of this ordinance may be enforced by civil action including an action for injunctive relief. 2. Violation of any provision of this ordinance may also be enforced as a municipal infraction or environmental infraction within the meaning of ~364.22, pursuant to the City's municipal infraction ordinance. F. Bond or Securitv 1. Along with the application for a COSESCO Permit, the applicant shall post security for compliance with all requirements imposed by the NPDES General Permit #2 and the COSESCO Permit in the form of cash escrow, certificate of deposit, performance bond or an irrevocable letter of credit in order to assure that the work will be completed in accordance with the permits as well as necessary remedial work resulting from violation of any provision of this ordinance in an amount equal to one hundred ten percent (110%) of the work, but in no event shall the required amount exceed ten thousand dollars ($tO,OOO) or the cash equivalent. 2. The application form signed by the applicant for a COSESCO Permit shall include the following commitment by the applicant: "In addition to the performance security posted with this application, the undersigned applicant hereby agrees to defend, indemnify and hold the City harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the applicant, or any employee, agent, assign or contractor or subcontractor of the applicant, in connection with applicant's NPDES General Permit #2 and/or COSESCO Permit. G. Appeals 1. Administrative decisions by City staff and enforcement actions of the enforcement officer may be appealed by the applicant to the Board of Appeals pursuant to the procedure set forth in Article M of this Chapter. 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 pubiication. Passed and approved this _ day of ,20_. MAYOR ATTEST: CITY CLERK Approved by JIf?U/~~ ~PC/ City Attorney's Office Pweng/ordlsite runoff.doc -k "1 Prepared by: Joe Fowler, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5156 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES AND INCREASE MONTHLY PARKING PERMIT FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-8: Tille 3, Chapter 4, Subsection 8, Parking Violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-8, relating to parking ramps, parking meter fees, and fees for City parking lots, and enacting in lieu thereof a new Subsection 3-4-8 to be codified and to read as follows: Description Of Fee, Charge, Bond, Fine Or Penalty Parking ramps: Hourly parker (Tower Place), per hour Hourly parker (Ramp A), per hou r Hourly parker (Ramp B), per hour Hourly parker (Chauncey Swan), per hour Hourly parker (Court SI. Transportation CtL), per hour Monthly all-day permits (Ramp A and Tower Place), per month Monthly all-day permits- (Ramp B), per month Monthly all-day permits - (Chauncey Swan & Court Street), per month Monthly all-day permits- (Tower Place-secured), per month Monthly all-day permits - (Advance payment - Ramp A & Tower Place), per year Monthly all-day permits- (Advance payment - Amount of Fee, Charge, Bond, Fine or Penalty $0.75 0.75 0.75 0.60 0.60 75.00 65.00 60.00 80.00 855.00 741.00 Ordinance No. Page 2 Ramp B), per year Monthly all-day permits - 627.00 (Advance payment - Chauncey Swan & Court St.), per year Monthly all-day permits- 912.00 (Advance payment - Tower Place - secured), per year Ramp A is the Capitol Street parking ramp, while RamJ; B is the Dubuque ifeetparking ramp. Reissue of ramp monthly 25.00 permit exit card, each reissue Reissue of all other 2.00 permits, each reissue Penalties for parking violations: Overtime parking 5.00 Expired meter 5.00 Prohibited zone 10.00 Illegal parking - 100.00 handicapped parking or as stated in space the Code of Iowa, as amended One hour restricted 5.00 zone, City Hall lot All other illegal parking 10.00 violations Increases: 30 days after issue, 10.00 overtime and expired meter ticket fees shall increase to 30 days after issue, all 15.00 illegal parking fees, except handicapped, expired meter and overtime shall increase to Fee for contractor 10.00 reservation of space, per day Parking meter fees: (except as otherwise noted) Central business district 0.75 on-street meter, per hour Central business district 0.75 lot meter, per hour Peripheral on-street 0.50 meter, (outside central business district), per hour Ordinance No. Page 3 0.75 100-500 block of North Clinton Street, per hour 100-300 block of East Jefferson Street, per hour 100 block of East Market 0.75 Street, per hour 100 block of North Linn 0.75 Street, per hour 400 block of Iowa 0.75 Avenue, per hour Peripheral lot meter, 0.50 (outside central business district), per hour Fees for parking in City parking lots: Monthly all day permits, 60.00 per month Monthly all day permits 684.00 (annual advance payment), per year Monthly off hour permits 54.00 (after 5:00 P.M., MQnday through Friday, all day Saturday and Sunday), per month - all City surface lots City employee monthly all- Half price day permits, per month SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect on July 1, 2006. 0.75 Passed and approved this _ day of ,20 . MAYOR ATTEST: CITY CLERK Approved by ~i City Attorney's Office '').;{'iD~ - parking/ordIfeeincr02-06,doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration ? /? "'/ nf. Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliot t, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 3/7/06 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Date published IT] Marian Karr From: Joe Fowler Sent: To: Cc: Wednesday, March 01, 20064:55 PM 'kimberly-sanders@uiowa.edu' 'City Council; Chris O'Brien; Kathryn Johansen Ms. Sanders, My name is Joe Fowler. J am the Parking & Transit director for Iowa City and half of the Dangerous Duo. Chris O'Brien is the Parking Manager for Iowa City and the other half. At the direction of the City Council Chris and I will analyze the hourly parking tickets in Iowa City's parking facilities to determine the impact on revenue i.f we change the rate structure. At the present time after a person has parked for six minutes they are charged for the entire hour Council wanted to know the impact for charging in fifteen minute segments after the first full hour of parking. This should take several weeks to complete and at that time we will report to Council. Marian Karr From: Sent: To: Subject: kimberly-sanders@uiowa.edu Wednesday, March 01, 2006 1 :07 PM council@iowa-city.org Question about last night's meeting Hello, I covered the formal meeting last night, and I have a few questions about one of the topics that was discussed. Item 9 - about parking rates - Who were the two men that were referred to as "Dangerous Duo" - who talked about the parking tickets and the breaking down of time into 1/3 and 1/2? I know that a decision was not made - but what was the final decision about what you guys are going to do now? Are you going to get more information on the topic and come to a conclusion later? Regenia Bailey - what is your stance on the situation? You mentioned that instead of paying for two hours when parking for an hour and fifteen minutes, that the parker just pay for teh hour and fifteen minutes. You said that "Just because everyone is doing it one way.. .you know what your mom used to say" - Is your stance to keep the charges as they are? You said that its an "unfair system" because people pay to park, not for the maintainence of the ramps. Is this correct? Connie Champion - you seem to agree with Regenia Bailey in that the parking situation is healthy and 'self sufficient' - is this correct?, Altogether - what exactly was the issue being discussed between the council and the "dangerous duo" and what seems to be the consensus at this point in time? Thanks, Kim Sanders CTI Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 12 OF THE CITY CODE, ENTITLED "FRANCHISES," CHAPTER 4, ENTITLED "CABLE TELEVISION," SECTION 13, ENTITLED "FRANCHISE PAYMENTS" TO ALLOW FOR ADDITIONAL USES OF THE ANNUAL FRANCHISE PAYMENT. WHEREAS, the cable franchise enabling ordinance requires a cable franchisee to make certain payments to the City including an annual franchise payment that is based on gross revenue; and WHEREAS, it is in the City's best interest to allow for additional uses of the annual franchise payment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 12, entitled "Franchises," Chapter 4, entitled "Cable Television," Section 13, entitled "Franchise Payments," Paragraph C, entitled "Annual Franchise Payment" is hereby amended by deleting the first sentence in its entirety and by substituting in its place the fOllowing new sentence: Grantees of a franchise hereunder shall pay to the city an annual fee in an amount equal to five percent (5%) of the "annual gross revenues", as defined herein, in lieu of all other city permits and fees, to be utilized in part by the city to offset its cable television related regulatory and administrative costs and to maximize awareness and use of the public, education, and governmental access and institutional network capacity. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABI L1TY. 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 ,2006. MAYOR ATTEST: CITY CLERK Approved by ~~ )-I-Cl!c City Attorney's Office Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 3/7 /06 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published